WSR 16-16-102 PERMANENT RULES DEPARTMENT OF LICENSING [Filed August 2, 2016, 7:43 a.m., effective September 2, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: This adoption will eliminate the fingerprint requirement for business principals where there is a change in motor vehicle dealer business structure or ownership. This change will streamline the application process without compromising public protection, because the department is able to identify and qualify applicants through other means. Motor vehicle dealers reporting a change in business structure or ownership will avoid the time and expense required to get and submit fingerprint cards for new principals, corporate officers, directors, managing partners, members or trustees.
In addition the amendment replaces outdated wording "and legal and financial history" with the words "a personal and criminal history statement." The intent is to use the same words in rule as are used to describe the form used by the department.
Citation of Existing Rules Affected by this Order: Amending WAC 308-66-210.
Adopted under notice filed as WSR 16-11-118 on May 18, 2016.
A final cost-benefit analysis is available by contacting Dealer Services, P.O. Box 9039, Olympia, WA 98507-9039, phone (360) 664-6466, fax (360) 570-4954, e-mail dealers@dol.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 2, 2016.
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 07-03-119, filed 1/22/07, effective 2/22/07)
WAC 308-66-210 Statement of change in business structure, ownership interest or control.
When do I report such a change? (1) With the exception of a corporation any person licensed as a dealer under chapter 46.70 RCW must, within ten days following any change in its business structure, file a new application and pay original licensing fees under the new entity.
(2) In addition, any new principals including, but not limited to, new corporate officers, directors, managing partners, members or trustees, must, within ten days of assuming such function, file ((an application including fingerprint cards and legal and financial history)) a personal and criminal history statement.
(3) Any person licensed as a vehicle manufacturer pursuant to chapter 46.70 RCW must inform the department in writing within ten days of the change to:
(a) The business structure of the licensee company and must file a new application and pay original licensing fees under the new entity;
(b) The mailing address of the licensee;
(c) The name and address of employees or agents designated pursuant to RCW 46.70.041 and 46.70.101 to provide service or repairs to vehicles located within the state of Washington. However, if the licensee requires warranty service to be performed by all of its dealers pursuant to current service agreements on file with the department, it need not advise the department of changes in such employees or agents.
(4) Any and all changes affecting the applicability of a surety bond shall be reflected by appropriate endorsement to such bond.
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