WSR 16-23-159
[Filed November 23, 2016, 8:47 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-15-024.
Title of Rule and Other Identifying Information: WAC 308-04-010 Requirements for checks in payment of licenses, certificates, etc.Penalty.
Hearing Location(s): Highways-Licenses Building, Conference Room 406, 1125 Washington Street S.E., Olympia, WA 98507 (check in at counter on first floor), on December 27, 2016, at 2:00 p.m.
Date of Intended Adoption: December 28, 2016.
Submit Written Comments to: Stephanie Sams, P.O. Box 9020, Olympia, WA 98507, Mailstop 48006, e-mail, fax (360) 570-7048, by December 26, 2016.
Assistance for Persons with Disabilities: Contact Stephanie Sams by December 26, 2016, TTY (360) 664-0116 or (360) 902-0131.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will align the rule to the statute (RCW 46.01.230) regarding the cancelation of the license or other transaction due to a dishonored check submitted for payment. Specifically, this change states the agency shall cancel a registration, license, or permit and may cancel any other transaction for which dishonored checks are submitted. The agency will also extend the time period for submitting payment after a dishonored check is received from fifteen days to sixty days to allow for adequate time due to USPS closures.
Reasons Supporting Proposal: This proposal aligns the WAC with the RCW and also provides our customers additional time for submitting a payment after a dishonored check is received by the department.
Statutory Authority for Adoption: RCW 46.01.110 and 43.24.023.
Statute Being Implemented: RCW 46.01.230.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting: Stephanie Sams, Policy and Legislative Unit, (360) 902-0131; Implementation and Enforcement: Cindy Cavanagh, Accounting Services, (360) 902-7415.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule making is exempt from a small business economic impact statement because it does not impose costs on small businesses (RCW 19.85.030).
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).
November 23, 2016
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 99-01-104, filed 12/17/98, effective 1/17/99)
WAC 308-04-010 Requirements for checks in payment of licenses, certificates, etc.—Penalty.
(1) All checks must be made payable to the state treasurer or department of licensing, except those checks written in payment for transactions through the department's vehicle and vessel licensing agents may be made payable to the county auditor.
(2) State warrants equal to or less than the amount of license fees due shall be accepted when tendered for payment of a department of licensing transaction. If the warrant is less than the amount due, the applicant shall pay the difference by cash, check, or money order.
(3) Checks should be written for the exact amount due and the purpose for which the check is intended should be noted on its face. Overpayments for vehicle transactions will not be accepted.
(4) The drawer's name (licensee) and address should appear upon each check. All dishonored (DHC) checks will be redeposited once. If they fail to clear at the time of the second deposit, the following action will be taken:
(a) The drawer (licensee) will be sent a letter advising him or her that the registration, license ((or)), or permit shall be canceled and any other transaction ((for which the DHC had been submitted will)) may be canceled for which the DHC had been submitted unless a money order, cash, or cashier's check for the full amount due, including the handling fee, is received within ((fifteen)) sixty days of the date of this letter.
(b) The failure to pay a license fee or tax due after notice of dishonor has been given will result in cancellation of any service, license, permit, or registration provided.
(5) Checks written on foreign banks and foreign postal money orders (outside of the United States) shall be payable in U.S. dollars.