WSR 09-18-018

PERMANENT RULES

SECRETARY OF STATE


[ Filed August 21, 2009, 4:09 p.m. , effective September 21, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: An incorrect RCW citation needs to be fixed in WAC 434-840-080. WAC 434-840-080(4) refers to RCW 40.24.030 (1)(b). Due to a law change in 2008 (SB 6339), the reference is no longer correct. The reference will be changed to RCW 40.24.030.

Citation of Existing Rules Affected by this Order: Amending WAC 434-840-080.

Statutory Authority for Adoption: RCW 40.24.090.

Adopted under notice filed as WSR 09-13-039 on June 10, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 18, 2009.

Steve Excell

Assistant Secretary of State

OTS-2480.1


AMENDATORY SECTION(Amending WSR 05-13-059, filed 6/9/05, effective 7/10/05)

WAC 434-840-080   Service of process.   (1) The secretary of state shall be an agent of the program participant upon whom any summons, writ, notice, demand, or process may be served.

(2) Service on the secretary of state of any such summons, writ, demand, notice, or process shall be made by mailing to the substitute address or by delivering to the secretary of state at his/her office in Olympia, WA: (a) Two copies of the summons, writ, notice, demand, or process; and (b) twenty-five dollars service-of-process fee for each action or document filed.

(3) If a summons, writ, notice, demand, or process is served on the secretary of state, the secretary of state shall immediately forward a copy to the program participant at the participant's current mailing address shown on the records.

(4) The secretary of state shall maintain in the program participant's file, a record of all summonses, writs, notices, demands, and processes served upon the secretary of state for that participant under RCW 40.24.030 (((1)(b))), which shall include the date of such service and the secretary of state's action.

[Statutory Authority: RCW 40.24.090. 05-13-059, 434-840-080, filed 6/9/05, effective 7/10/05; 98-19-063, 434-840-080, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. 91-20-074, 434-840-080, filed 9/26/91, effective 10/27/91.]

Washington State Code Reviser's Office