WSR 13-20-135 PROPOSED RULES DEPARTMENT OF LICENSING [Filed October 2, 2013, 10:00 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-13-045.
Title of Rule and Other Identifying Information: Licensing scrap metal recyclers, chapter 308-70 WAC, Scrap metal business—Recycler/processor/supplier, to be added as a new section.
Hearing Location(s): Department of Licensing (DOL), 405 Black Lake Boulevard, Building #2, Conference Room #2105, Olympia, WA 98502, on November 5, 2013, at 1:00 p.m.
Date of Intended Adoption: November 6, 2013.
Submit Written Comments to: Kim Zuchlewski, P.O. Box 9039, Olympia, WA 98507, e-mail kzuchlewsk@dol.wa.gov, fax (360) 586-6703, by October 29, 2013.
Assistance for Persons with Disabilities: Contact Lewis Dennie by October 29, 2013, TTY (360) 664-0116 or (360) 664-6458.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Add new set of rules, chapter 308-70 WAC, to clarify chapter 19.290 RCW where currently no rule exists. The agency and stakeholders have established minimum requirements in areas such as established place of business; record of transactions; scrap metal business license plates; expiration of scrap metal business license; change of address; statement of change in business structure, ownership-interest, or control; change in business structure while licensed; sale, transfer or other disposition of a sole proprietorship licensee; closure of a business; and the department's authority over development, maintenance and monitoring of business applicants. The need for rule exists due to clarifying the passage of ESHB 1552 during the 2013 legislative session.
Reasons Supporting Proposal: Statute lacks clarity and the rule clarifies DOL's authority over scrap metal businesses.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DOL, business and professions division, dealer and manufacturer services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lewis Dennie, 405 Black Lake Boulevard S.W., Olympia, WA 98502, (360) 664-6451.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule will not impose any minor costs on the affected businesses, per RCW 19.85.030 (1)(a).
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).
October 2, 2013
Damon Monroe
Rules Coordinator
Chapter
308
-
70
WAC
SCRAP METAL BUSINESS—RECYCLER—PROCESSOR—SUPPLIER NEW SECTION
WAC 308-70-110 Definitions.
(1) Employee means an employee of a scrap metal business who is a person who appears on the payroll records of the business as an employee and for whom Social Security, withholding tax, and all deductions required by law have been made. (2) Agent, other than an authorized agent of the department of licensing, means a person who presents written authorization from the business bearing the business's official title (i.e., logo, letterhead, etc.). (3) Department means the department of licensing of the state of Washington. (4) Director means the director of the department of licensing of the state of Washington. (5) Normal business hours - Processors and recyclers only. For purposes of inspection of a licensee's licensed premises and records, business hours must be 8:00 a.m. to 5:00 p.m., except for weekends and holidays. Business hours must be posted at the licensee's place of business. This business hour requirement does not apply to suppliers. (6) Scrap metal - As used in this chapter, scrap metal means any used metal, except gold, silver, or platinum, that is no longer useful as it was intended to be used in its original manufactured form, or that is commonly aggregated for sale based on its intrinsic value to be converted into another form and diverted from the waste stream for recycling purposes. This does not include major component parts as defined in chapters 46.79 and 46.80 RCW. (7) Common carrier means any person who undertakes to transport property for the general public by motor vehicle for compensation as outlined in chapter 81.80 RCW. For the purposes of this chapter, common carriers licensed under the provisions of chapter 81.80 RCW are exempt from the scrap metal licensing requirements when transporting scrap metal for hire between scrap metal dealers licensed by the state or country in which they operate, and the ownership interest in the scrap metal is transferred directly between the scrap metal dealers.
NEW SECTION
WAC 308-70-120 Scrap metal business—Application for license.
The application for a scrap metal business's license shall contain, in addition to any other information the department may require, evidence the application is approved by the local government planning and zoning authorities pursuant to the provisions of the State Environmental Policy Act, chapter 43.21C RCW.
NEW SECTION
WAC 308-70-130 Fees.
The following fees shall be charged by the department of licensing:
NEW SECTION
WAC 380-70-140 Established place of business.
(1) Scrap metal processor. (a) A scrap metal processor's established place of business is a place where: (i) Nonferrous metal or private metal property may be stored lawfully; and (ii) Hydraulic balers, shears, or shredders for recycling nonferrous metal, private metal property, and commercial metal property may be used lawfully. (b) There must be a building in which: (i) The scrap metal processor's license is conspicuously displayed; (ii) An owner or employee is available during normal business hours; and (iii) The business books and records are kept and made available for inspection during normal business hours. (c) There must be an exterior sign with the business name that is clearly visible to the major avenue of traffic during business hours. (d) The business's operating hours must be clearly posted and must meet or exceed normal business hours as defined in WAC 308-70-110(5). (2) Scrap metal recycler. (a) A scrap metal recycler's established place of business is a place where nonferrous metal or private metal property may be stored lawfully. (b) There must be a building in which: (i) The scrap metal recycler's license is conspicuously displayed; (ii) An owner or employee of the business is available during normal business hours; and (iii) The business books and records are kept and made available for inspection during normal business hours. (c) There must be an exterior sign with the business name that is clearly visible to the major avenue of traffic during business hours. (d) The business's operating hours must be clearly posted and must meet or exceed normal business hours as defined in WAC 308-70-110(5). (3) Scrap metal supplier. A scrap metal supplier's established place of business is: (a) An address at which the scrap metal supplier receives mail and can normally be reached; and (b) Where the business books and records are kept and made available for inspection. (4) The director may waive any requirements pertaining to a scrap metal business's established place of business if such waiver both serves the purposes of this chapter and is necessary due to unique circumstances.
NEW SECTION
WAC 308-70-150 Record of transactions.
Any records originally created and retained electronically must be made available in hard copy upon the request of any designated authority named in chapter 19.290 RCW.
NEW SECTION
WAC 308-70-160 Scrap metal business license plates.
(1) Each plate set must be renewed annually. The cost for each plate set is five dollars. (2) The scrap metal business plates may be split, with one being displayed on the front of the towing vehicle and the other on the rear of the vehicle being towed.
NEW SECTION
WAC 308-70-170 Expiration of scrap metal business license.
(1) The scrap metal business license expiration is established by the business licensing service upon department approval of the license. Proration of fees may be necessary to align the scrap metal business license expiration with other licenses held by the business. The license will expire annually after any initial proration process. (2) Any special license plates issued to a scrap metal business shall expire on the same date as the expiration of the scrap metal business license.
NEW SECTION
WAC 308-70-180 Change of address.
A licensee must notify the department within ten days of any change of address of any business location or of the addition of a new location.
NEW SECTION
WAC 308-70-190 Statement of change in business structure, ownership interest, or control.
A licensee must, within ten days of any change in its business ownership or structure, file with the department a statement that specifically describes the change that has occurred in its business structure or in its ownership interest.
NEW SECTION
WAC 308-70-200 Change in business structure while licensed.
Upon a change of business structure of a licensed scrap metal business, the licensee must apply for a new license and pay original licensing fees under the new entity. Examples of a change of business structure include, but are not limited to, changing from a sole proprietorship to a corporation, a corporation to a limited liability company, or if a partner or partners in a partnership change. The firm may request to keep the previous license number.
NEW SECTION
WAC 308-70-210 Sale, transfer or other disposition of a sole proprietorship license.
Upon the sale, transfer or other disposition of a sole proprietorship licensee's scrap metal business: (1) The purchaser or transferee must file a new application for a license; the fees are the same as for an original application. (2) The former owner must surrender to the department all special license plates. The new owner or transferee must purchase new plates in the new licensee's name.
NEW SECTION
WAC 308-70-220 Closure of business.
Within ten business days of the closure of a scrap metal business, the business must return the license and the special license plates to the department for cancellation.
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