WSR 11-23-180

PROPOSED RULES

DEPARTMENT OF REVENUE


[ Filed November 23, 2011, 10:37 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-18-029.

Title of Rule and Other Identifying Information: WAC 308-300-160 Business licensing service -- Total fee payable -- Handling of fees, this rule establishes the amount of the application and renewal handling fees charged by the business licensing service (BLS) program.

Hearing Location(s): Capital Plaza Building, 4th Floor Executive Conference Room, 1025 Union Avenue S.E., Olympia, WA 98504, on Friday, January 6, 2012, at 10:00 a.m.

Date of Intended Adoption: January 13, 2012.

Submit Written Comments to: Marilou Rickert, e-mail marilour@dor.wa.gov, P.O. Box 47453, Olympia, WA 98504-7453, by Friday, January 6, 2012.

Assistance for Persons with Disabilities: Contact Mary Carol LaPalm, (360) 725-7499 or Renee Cosare, (360) 725-7514 no later than ten days before the hearing date. For hearing impaired please contact us via the Washington relay operator at (800) 833-6384.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SHB 2017, chapter 298, Laws of 2011, transferred responsibility for the master license service program and its rules from the department of licensing to the department of revenue, effective July 1, 2011. This program is now referred to as the BLS.

The legislation requires that the application and renewal handling fees be established by rule. The department previously adopted an emergency rule to provide these fees. The department is now proposing to amend the permanent rule, and recodify the rule as WAC 458-20-10101. The fee amounts are the same as reflected in the emergency rule.

A copy of the draft rule is available for viewing on our web site at rules agenda.

Reasons Supporting Proposal: SHB 2017, chapter 298, Laws of 2011, transferred responsibility for this program to the department of revenue and requires that the application and renewal handling fees be established by rule.

Statutory Authority for Adoption: SHB 2017, chapter 298, Laws of 2011.

Statute Being Implemented: RCW 19.02.030 and 19.02.075.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of revenue, governmental.

Name of Agency Personnel Responsible for Drafting: Marilou Rickert, 1025 Union Avenue S.E., Suite #544, Olympia, WA, (360) 534-1582; Implementation: Alan R. Lynn, 1025 Union Avenue S.E., Suite #544, Olympia, WA, (360) 534-1599; and Enforcement: Russ Brubaker, 1025 Union Avenue S.E., Suite #544, Olympia, WA, (360) 534-1505.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impose any new performance requirements or administrative burden on any small business not required by statute.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Marilou Rickert, P.O. Box 47453, Olympia, WA 98504-7453, phone (360) 534-1582, e-mail marilour@dor.wa.gov.

November 23, 2011

Alan R. Lynn

Rules Coordinator

OTS-3980.3


AMENDATORY SECTION(Amending WSR 10-13-039, filed 6/8/10, effective 7/9/10)

WAC 308-300-160   Business licensing service -- Total fee payable -- Handling of fees.   (1) Introduction. Chapter 298, Laws of 2011, transferred responsibility for the master license service program (MLS) from the department of licensing to the department of revenue, effective July 1, 2011. This program is now referred to as the business licensing service (BLS).

Information about BLS is available on-line at http://business.wa.gov/BLS. If you are seeking in-person assistance, you may want to visit:


6500 Linderson Way S.W., Suite 102

Tumwater, WA 98501

8 a.m. to 5 p.m., Monday - Friday

(except state holidays or temporary layoff days)


The department of licensing continues to issue, renew, and regulate professional licenses, see http://dol.wa.gov/business/.

(2) What fee do I need to pay when applying for or renewing a license? The fee payable will be the total amount of all individual license fees, late filing fees, other penalty fees, and handling fees, and may include additional fees charged to cover credit or debit card processing. Licensing fees vary depending on the license for which you are applying. Refer to http://bls.dor.wa.gov/specialtylicenses.aspx for information about licenses and license fee amounts.

(((2))) (3) What does the department do with these fees? The department will distribute the fees received for individual licenses issued or renewed to the appropriate agencies on an established schedule.

(((3))) (4) When do I get my business license? The ((master)) business license will not be issued until the full amount of the total fee payable is collected. When the fee payment received is less than the total fee payable, the department will bill the applicant for the balance.

(((4))) (5) Can I get a refund? The ((master)) business license ((service)) application and renewal handling fees collected under RCW 19.02.075 are not refundable. When a license is denied or when an applicant withdraws an application, a refund of any other refundable portion of the total payment will be made in accordance with the applicable licensing laws.

(6) What are the handling fees? The business license application handling fee amounts are:


Type of handling fee: Fee amount:
Business license application filing $15.00
License renewal application filing $9.00

[Statutory Authority: RCW 19.02.030(3). 10-13-039, 308-300-160, filed 6/8/10, effective 7/9/10; Order 476-DOL, 308-300-160, filed 12/30/77.]


NEW SECTION


The following section of the Washington Administrative Code is decodified as follows:


Old WAC Number New WAC Number
308-300-160 458-20-10101

Washington State Code Reviser's Office