PERMANENT RULES
Purpose: Amending chapter 308-127 WAC regulating timeshare. The current level of revenue collection warrants a reduction in fees and still maintains the level of revenue required to administratively operate the program as required under RCW 43.24.086.
Citation of Existing Rules Affected by this Order: Amending WAC 308-127-160 Fees.
Statutory Authority for Adoption: RCW 64.36.081, 43.24.023, 43.24.086.
Adopted under notice filed as WSR 04-16-117 on August 4, 2004.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: September 13, 2004.
Andrea C. Archer
Assistant Director
OTS-7422.1
AMENDATORY SECTION(Amending WSR 04-12-028, filed 5/26/04,
effective 7/1/04)
WAC 308-127-160
Fees.
The following fees shall be
charged under the authority of RCW 64.36.081 and 43.24.086:
| (1) | Registration application fees: | ||
| Start up timeshare program including one project. | $1000.00 | ||
| Each additional project in program. | 200.00 | ||
| Each apartment unit in program. | (( 10.00 |
||
| The first unit of personal property in the timeshare program. | 500.00 | ||
| Each additional unit of personal property in the timeshare program. | 100.00 | ||
| Businesses of listing or brokering resale intervals. | 500.00 | ||
| (2) | Interval Fees: | ||
| For each interval through one thousand. | 1.00 | ||
| Intervals beyond one thousand. | 0.00 | ||
| Each monthly filing of listings of resale intervals (in lieu of interval fees for resale intervals). | 10.00 | ||
| (3) | Renewal fees: | ||
| Timeshare program including one project. | 500.00 | ||
| Late renewal fee for timeshare program. | 2000.00 | ||
| Each additional project to a maximum of five projects. | 200.00 | ||
| Each apartment unit - to maximum of twenty-five apartment units. | (( 10.00 |
||
| (4) | Consolidation fees: | ||
| Each additional project added. | 200.00 | ||
| Each additional apartment unit. | (( 10.00 |
||
| The first additional unit of personal property being consolidated. | 250.00 | ||
| Each additional unit of personal property added in one consolidation. | 100.00 | ||
| (5) | Exemption fees: | ||
| Programs consisting of a single apartment unit in a single project with fifty-two or fewer intervals. | 250.00 | ||
| All other types of programs. | 1000.00 | ||
| (6) | Impound fees: | ||
| Initial establishment of an impound, escrow, trust, or other arrangement requiring a depositary. | 500.00 | ||
| Each required periodic report. | 50.00 | ||
| (7) | Advertising fees: | ||
| Each initial submission of advertisement whether or not submitted in a timely manner, and whether or not in use at the time of payment. | 25.00 | ||
| Examination of advertisement which are for the purpose of marketing surveys and not involving an examination of project or program instruments. | 150.00 | ||
| (8) | Fees for persons in the business of offering commercial promotional programs: | ||
| Registration of individual. | 500.00 | ||
| (9) | Salespersons fees: | ||
| Registration. | 25.00 | ||
| Renewal. | 25.00 | ||
| Transfer. | 25.00 | ||
| (10) | Fees for amendment of registration: | ||
| For a timely submission of an amendment filing. | 25.00 | ||
| Penalty fee for failure to file an amendment within twenty days of the occurrence of a materially adverse change. | 500.00 | ||
| (11) | Inspection fees: | ||
| Applicants and registrants shall pay the cost of inspections conducted pursuant to chapter 64.36 RCW. The inspection fees shall be paid prior to the granting of a registration or consolidation. The inspection fee shall be the actual cost to the department for conducting of the inspection. | |||
[Statutory Authority: RCW 64.36.270, 43.24.023. 04-12-028, § 308-127-160, filed 5/26/04, effective 7/1/04; 04-08-003, § 308-127-160, filed 3/24/04, effective 4/24/04. Statutory Authority: RCW 64.36.081 and 43.24.086. 02-15-169, § 308-127-160, filed 7/23/02, effective 1/1/03. Statutory Authority: RCW 43.24.086. 90-07-023, § 308-127-160, filed 3/14/90, effective 4/14/90.]