Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-09-104.

     Title of Rule and Other Identifying Information: Chapter 480-15 WAC, Household goods carriers.

     Hearing Location(s): Commission Hearing Room 206, Second Floor, Richard Hemstad Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on December 12, 2007, at 1:30 p.m.

     Date of Intended Adoption: December 12, 2007.

     Submit Written Comments to: Washington Utilities and Transportation Commission (UTC), 1300 South Evergreen Park Drive S.W., P.O. Box 47250, Olympia, WA 98504-7250, e-mail records@utc.wa.gov, fax (360) 586-1150, by November 19, 2007. Please include "Docket TV-070466" in your comments.

     Assistance for Persons with Disabilities: Contact Mary De Young by December 10, 2007, TTY (360) 586-8203 or (360) 664-1133.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current rules in chapter 480-15 WAC went into effect in January 1999, after the federal government made extensive changes to the trucking industry. Changes in the industry over the past seven years, as well as our experience with the current rules, tells us we are now in a position to streamline the rules, providing greater flexibility for companies and less regulatory oversight by the UTC while still maintaining important consumer protections. The proposed rules streamline and clarify chapter 480-15 WAC.

     Reasons Supporting Proposal: The proposed rules:

•     Simplify rules where possible.

•     Update rules to accommodate current technology (i.e., computer-based estimates).

•     Align rules more closely with the federal interstate household goods carrier rules where reasonable.

•     Eliminate prescriptive language to allow more flexibility.

•     Maintain consumer protection.

     Statutory Authority for Adoption: RCW 80.01.040, 81.04.160, 81.04.250, 81.28.040, 81.80.120, 81.80.130, and 81.80.290.

     Statute Being Implemented: Not applicable.

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

     Name of Proponent: Washington utilities and transportation commission, governmental.

     Name of Agency Personnel Responsible for Drafting: Vicki Elliott, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1119; Implementation and Enforcement: Carole J. Washburn, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules will not result in or impose more than minor costs. Because there will not be more than minor increase in costs resulting from the proposed rule changes, a small business economic impact statement is not required under RCW 19.85.030(1).

     A cost-benefit analysis is not required under RCW 34.05.328. The commission is not an agency to which RCW 34.05.328 applies. The proposed rules are not significant legislative rules of the sort referenced in RCW 34.05.328(5).

October 24, 2007

Carole J. Washburn

Executive Secretary

OTS-1142.2

AMENDATORY SECTION(Amending General Order No. R-471, Docket No. TV-991559, filed 6/27/00, effective 7/28/00)

WAC 480-15-010   Purpose and application.   (1) ((The legislature has declared that operating as a motor carrier of freight, including household goods, for compensation over the highways of this state is a business affected with a public interest and should be regulated. The purpose of)) These rules ((is to carry out)) implement the policies ((set forth)) in RCW 81.80.020 as they apply to household goods carriers((, by establishing)). The rules establish standards for public safety, fair competitive practices, just and reasonable charges, nondiscriminatory application of rates, adequate and dependable service((,)) and consumer protection, ((and)) as well as compliance with statutes, rules and commission orders.

     (2) This chapter applies to all intrastate household goods carriers.

     (3) Nothing in this chapter relieves any household goods carrier from its duties and obligations under the laws of the state of Washington including, but not limited to, public utility, labor, employment, and other taxes, and business and vehicle licensing requirements.

[Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-010, filed 6/27/00, effective 7/28/00. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-010, filed 12/15/98, effective 1/15/99.]

     (("))Accessorial services((" means)): Any service((s)) provided by a household goods carrier that supplements, or ((are secondary)) is incidental to, the transportation of household goods((, including, but not limited to,)). Examples include packing ((and)), unpacking, wrapping or protecting a portion of the shipment((, and providing special handling of household goods)) or providing special equipment or services such as hoisting.

     (("))Agent((" means)): A permitted carrier, who, under the provisions of a formal written agreement, performs services on behalf of another permitted carrier.

     (("))Application docket((" means)): A commission publication listing applications requesting operating authority((, and commission action taken on applications for temporary authority)).

     (("))Authority((" means)): The rights granted to a common carrier to transport household goods.

     (("))Cancellation((" means)): An act by the commission to terminate a household goods carrier's authority.

     Carrier: A company performing household goods moves.

     (("))Commission((" means)): The Washington utilities and transportation commission.

     (("Common carrier" means any person who undertakes to transport property, including household goods, for the general public by motor vehicle, for compensation over the public highways. This term also includes transportation under special and individual contracts or agreements.

     "Constructive weight" means a weight based on a formula of seven pounds per cubic foot of properly loaded van space occupied by the customer's goods.

     "Consumer" means a person or entity that hires a household goods carrier.

     "))Customer((" means a person or entity that)): Anyone who hires a household goods carrier.

     (("Exempt carrier" means any person operating a motor vehicle exempt from certain provisions of Title 81 RCW pursuant to RCW 81.80.040.)) Estimate:

     (a) Nonbinding estimate: The written estimate the carrier gives to the customer in advance of the move. A nonbinding estimate is not binding on the mover. The final charges will be based upon the actual cost of the move and the services provided, although a carrier may not charge more than twenty-five percent over the nonbinding estimate.

     (b) Binding estimate: The written estimate the carrier gives to the customer in advance of the move and by which both the carrier and customer are bound. The carrier may not charge any amount other than the binding estimate and the customer may pay the amount of the binding estimate.

     (c) Supplemental estimate: An amendment to the original nonbinding estimate, necessary when the circumstances of a move change in a way from the original written estimate that increases the cost of the move.

     (("))Filing((" means)): Any application, petition, tariff proposal, annual report, comment, complaint, pleading((,)) or other document submitted to the commission.

     (("Household goods carrier" means a common carrier transporting household goods within the state of Washington.

     "))Household goods((" when the term is used in connection with transportation, means personal effects and property used or to be used in a residence when it is a part of the equipment or supply of such residence, and is transported between residences or between a residence and a storage facility, with the intent to later transport to a residence. This term excludes transportation of customer packed and sealed self-storage containers that are delivered to and from a self-storage facility, when that transportation is provided in conjunction with a self-storage agreement executed in good faith, and when no accessorial services are provided by a motor carrier in connection with the storage or the transportation of the container)): The personal effects and property used, or to be used, in a residence when transported between residences or between a residence and a storage facility with the intent to later transport to a residence. Transportation of the goods must be arranged and paid for by the customer or by another individual, company or organization on behalf of the customer.

     (("I" means a household goods carrier or customer, depending upon the context of the rule.

     "Loaded weight" means the weight of a motor vehicle obtained when:

     • The customer's goods are loaded into the vehicle;

     • The vehicle's fuel tank is full;

     • All pads, chains, dollies, hand trucks, and other equipment needed in the transportation of the shipment are on board the vehicle;

     • The vehicle's crew is not on board the vehicle.

     "))Local move((" means all)): A move((s)) taking place within the limits of a city or town or moves ((specifically defined as local in the commission tariff)) where the shipment is transported fifty-five miles or less.

     (("))Long distance move((" means any)): A move ((not meeting the definition of a local move)) where the shipment is transported fifty-six miles or more.

     (("May" means an option. You may do something but it is not a requirement.

     "May not" means to prohibit from doing something.

     "Motor carrier" means "common carrier," "exempt carrier," and "private carrier," as defined in this chapter.

     "))Motor vehicle((" means any)) or vehicle((, machine, tractor, trailer, or semi-trailer, propelled or drawn by mechanical power, or any combination of such vehicles, used upon the highways in the transportation of property, including household goods. A motor vehicle is not a self-storage container)): Any motor truck, tractor or other self-propelled vehicle, any trailer, semi-trailer or any combination of such vehicles moving as a single unit.

     (("Must" means a legal obligation. You are required to do something.

     "Net weight" means the weight of the goods shipped by the consumer. It is determined by subtracting the tare weight of a motor vehicle from the loaded weight.

     "))Permit((" means)): A document issued by the commission describing the authority granted to a household goods carrier ((under the provisions of chapter 81.80 RCW, as amended. A permit may be temporary or permanent in duration, and may allow a household goods carrier to transport household goods throughout the state of Washington or limit the household goods carrier to transportation of household goods in designated areas of the state)).

     (("))Person((" includes)): Any individual, firm, corporation, company, or partnership.

     (("Private carrier" means persons who transport their own household goods, household goods being bought or sold by them in good faith, or transport household goods purely as an incidental adjunct to some established business owned or operated in good faith.

     "Registered carriers" means motor carriers operating in interstate or foreign commerce under authority issued by the Interstate Commerce Commission, the U.S. Department of Transportation, or a successor agency.

     "Registered exempt carriers" means motor carriers operating in interstate or foreign commerce under the exemptions of the Federal Motor Carrier Act without interstate authority issued by the Interstate Commerce Commission, the U.S. Department of Transportation, or a successor agency.

     "Shipper" means a person or entity that hires a household goods carrier.

     "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees.)) Shipment: A load of household goods moved by a carrier from a single residence or as a single transaction.

     (("))State((" means)): The state of Washington.

     (("))Suspension((" means)) also includes suspend, suspended, suspending: An act by the commission to temporarily withhold a household goods carrier's authority.

     (("Tare weight" means the weight of an empty motor vehicle obtained when:

     • The vehicle's fuel tank is full;

     • All pads, chains, dollies, hand trucks, and other equipment needed in the transportation of the shipment are on board the vehicle; and

     • The crew is not on board the vehicle.

     "))Tariff((" means)): A publication containing ((the)) rates and charges ((that)) carriers must ((be assessed)) assess on shipments of household goods and the rules that govern how rates and charges are assessed.

     (("Transportation of household goods" means the for hire movement of household goods by motor vehicle over the public highways of the state. This includes providing estimates, arranging for receipt, delivery, storage in transit, handling, and providing any accessorial services in connection with that movement.

     "Us" means the Washington utilities and transportation commission.

     "We" means the Washington utilities and transportation commission.

     "You" means a household goods carrier, customer, insurance company, or other person or entity, depending on the context of the rule.))

[Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-020, filed 6/27/00, effective 7/28/00. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-020, filed 12/15/98, effective 1/15/99.]

[]

     (2) To request a rule exemption, a company must file with the commission a written request identifying the rule for which an exemption is sought and giving a full explanation of the reason the exemption is requested.

     (3) The commission will assign the request a docket number, if needed, and schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the company requesting the exemption, and other interested persons, of the date the commission will consider the request.

     (4) The commission will issue an order granting ((or)), denying, or modifying the request or setting it for hearing, pursuant to chapter 480-07 WAC.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-15-035, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-035, filed 6/27/00, effective 7/28/00.]

[]

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     (1) RCW 81.04.110 allows the commission to file a complaint and hold a hearing.

     (2) RCW 81.04.260 allows the commission to file in court for an immediate injunction for violations of law, commission rule, order, direction or requirement of the commission.

     (3) RCW 81.04.380 allows penalties against public service companies of up to one thousand dollars for each violation for each day the violation occurs or continues to occur.

     (4) RCW 81.04.387 allows penalties against corporations, other than public service companies, of up to one thousand dollars for each offense.

     (5) RCW 81.04.390 provides that violations may be treated as misdemeanors.

     (6) RCW 81.04.405 allows penalties of one hundred dollars for each violation for each day the violation occurs or continues to occur. These penalties are issued through a penalty assessment with a fifteen-day response period.

     (7) RCW 81.04.510 and 81.80.070 allows the commission to issue cease and desist orders against a carrier operating without a permit.

     (8) RCW 81.80.280 allows the commission to cancel, suspend, alter, or amend a permit for violations of federal or state law, or commission rule.

     (9) RCW 81.80.070 also allows a penalty of one thousand five hundred dollars to any carrier operating without a permit.

     (10) RCW 81.80.355 provides that advertising without a permit may be treated as a misdemeanor.

     (11) RCW 81.80.357 allows a penalty of five hundred dollars for each violation when a carrier does not include its permit number in its advertisements.

     (12) WAC 480-120-172 allows a telecommunications company to disconnect a customer's service if that service is used for illegal purposes, such as operating without a permit issued by the commission.

[]

     (2) If you transport household goods without first obtaining a permit you will be subject to the enforcement actions described in WAC 480-15-160(3).)) A carrier must receive a permit from the commission before transporting household goods, for compensation, by motor vehicle (including a rental truck) over public roads between two points within the state unless the carrier is operating in the territory described in subsection (1) or (2) of this section:

     (1) Under RCW 81.80.040(1), a carrier does not need a permit to operate exclusively between points within the limits of a city or town with a population of less than ten thousand, unless it borders a city or town with a population of greater than ten thousand.

     (2) Under RCW 81.80.040(2), a carrier does not need a permit to operate exclusively between points within a city with a population between ten thousand and thirty thousand if the commission has issued an order exempting transportation within that city from regulation. As of June 2007, these cities included:

     (a) Cities of Mountlake Terrace and Mercer Island, exempted by commission General Orders 178, effective March 3, 1965, and R-66, effective May 8, 1974.

     (b) City of Ellensburg, exempted by commission General Order 199, effective April 17, 1968.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-180, filed 12/15/98, effective 1/15/99.]

     (1) Moves commercial or office goods, except when part of a household goods moves.

     (2) Transports goods that are packed and loaded on the vehicle and unloaded by the customer.

     (3) Transports goods which are loaded in customer packed and sealed self-storage type containers in conjunction with storage when no accessorial services are provided by the company.

     (4) Uses a truck the customer owns or rents, even if the company does the packing and loading.

     (5) Packs and loads the goods but does not transport the belongings.

     (6) Moves goods interstate.

[]

     (1) Emergency temporary authority for a period of thirty days or less when there is an urgent need for service and time or circumstances do not reasonably allow filing and processing an application for temporary authority.

     (2) Temporary authority for up to one hundred eighty days to meet a short-term public need or until the commission makes a decision on the pending application for permanent authority. The applicant must be fit, willing and able and the proposed service must be in the public interest.

     (3) Permanent authority has no expiration date or renewal requirement when the applicant is fit, willing and able to provide service and meets the current or future public convenience and necessity standards.

[]

     (((a))) (1) You elect to limit your service territory to specific counties; or

     (((b))) (2) The commission, by order, limits your service territory.

     (((2) If you choose to limit your service territory to specific counties, you must notify us in writing at the address shown in WAC 480-15-060. Your written request must include your household goods permit number and name.))

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-190, filed 12/15/98, effective 1/15/99.]

     The following table lists the application fees in place on the effective date of these rules:)) Application fees are:

Type of Permit Application:	Fee:
Emergency temporary authority	$50.00
Temporary authority	$250.00
Permanent authority	$550.00
((Permanent authority (under the exceptions named in WAC 480-15-260))) Transfer or acquisition of authority under WAC 480-15-335	$250.00
Permit reinstatement (under provisions of WAC 480-15-460)	$250.00
Name change only	$35.00

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-230, filed 12/15/98, effective 1/15/99.]

     (1) Provide((s)) a certified statement of support identifying the need((;)).

     (2) Complete the application.

     (3) Pay((s)) the application fee((;)).

     (((3))) (4) Furnish((es)) a list of vehicles ((to be used)) the applicant will use under emergency temporary authority((; and)).

     (((4))) (5) Furnish((es)) proof of public liability and property damage insurance.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-270, filed 12/15/98, effective 1/15/99.]

     (2) ((We)) The commission will grant or deny an application for temporary authority after ((we have conducted)) conducting a complete review of ((your)) the application, ((any)) supporting statements, reports or other information necessary to determine ((your)) fitness((,)) and ((determine)) determining whether granting the application is in the public interest.

     (3) When determining if an applicant is fit, willing((,)) and able to provide the proposed service ((we)) the commission will consider any information provided by the applicant and other members of the public including, but not limited to, information regarding the applicant's:

     (a) ((The applicant's)) Experience in the industry((; knowledge of safety regulations; financial resources and equipment; compliance with tax, labor, employment, business, and vehicle licensing laws and rules; and)).

     (b) ((Whether the applicant has been cited for violation of state law or commission rules, has been convicted of a Class A or Class B Felony, or has previously been denied authority on the basis of fitness; or has had permit authority canceled)) Knowledge of safety regulations.

     (c) Financial resources.

     (d) Equipment resources.

     (e) Compliance with tax, labor, employment, business and vehicle licensing laws and rules.

     (f) Compliance with Title 81 RCW and commission rules.

     (g) Conviction of any crime.

     (h) Previous denial of authority on the basis of fitness.

     (i) Previous cancellation of permit authority.

     (4) When determining if the proposed service is in the public interest ((we)), the commission will consider any information provided by the applicant, ((shippers)) customers and other members of the public ((supporting)) concerning the proposed service((, and)). The commission will also consider whether granting the temporary authority will:

     (a) Enhance choices available to consumers((,)).

     (b) Promote a viable yet competitive household goods industry((, or)).

     (c) Fill an unmet need for service((; and)).

     (((b))) (d) Allow ((us)) the commission to more efficiently regulate the household goods industry((, and)).

     (e) Provide increased consumer protection through regulation.

     (5) Applicants, customers and other members of the public must submit statements and reports ((from the applicant, shippers, and other members of the public, must)) that:

     (a) Include their full name, address, phone number((, and)).

     (b) State that the information submitted is true and accurate. ((They must be))

     (c) Are signed and show the place and date ((where/when)) they were signed.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-280, filed 12/15/98, effective 1/15/99.]

     (3) The applicant filed within six months of a denial of a previous application ((submitted by you. We will reject your application if filed)) or within one year of cancellation of a permit((, held by you,)) under WAC 480-15-320 or 480-15-450 (((3), (4), (5), or (6))) (1)(c) through (g).

     (4) The applicant does not have:

     (a) Sufficient experience in the industry.

     (b) Sufficient knowledge of safety regulations.

     (c) Sufficient financial resources or equipment.

     (d) Compliance with tax, labor, employment, business and vehicle licensing laws and rules.

     (5) The applicant has:

     (a) Previously been denied authority by the commission on the basis of fitness.

     (b) Been convicted of a crime.

     (c) Previously had permit authority canceled by the commission.

     (d) Been subject to other enforcement actions for violations of state law or commission rules.

     (6) Other circumstances exist that cause the commission to believe issuing the permit is not in the public interest.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-285, filed 12/15/98, effective 1/15/99.]

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-290, filed 12/15/98, effective 1/15/99.]

     (2) Anyone ((having an interest in an application appearing on the docket)) wishing to comment on an action on the commission's application docket that grants or denies temporary authority may file written comments within ten days following publication. ((Comments may be in the form of statements supporting or protesting the grant of authority or application.)) Comments must include ((your)) the commenter's full name, address, telephone number, e-mail address, fax number((,)) and permit number, if applicable. Comments must ((state the nature of your)) indicate support for, or protest ((and address)) of, the temporary authority for any one or more of the following ((issues)) reasons:

     (a) Fitness((,)).

     (b) Public interest((,)).

     (c) Levels of service((,)).

     (d) Business practices((,)).

     (e) Safety((, and/or)).

     (f) Operation of equipment.

     (3) ((We)) The commission may ((grant or deny a protest without a hearing. We may, at our own)) at its discretion, hold a brief adjudicative proceeding on ((a)) an action for temporary authority because it received comments that protest the action. See chapter 480-07 WAC for rules governing ((applications and procedures for)) brief adjudicative proceedings ((are in chapter 480-07 WAC)).

[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-15-310, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-310, filed 12/15/98, effective 1/15/99.]

     (1) The permit was not issued in the public interest((;)).

     (2) The ((grant)) approval of the temporary authority was based on fraud, misrepresentation, or erroneous information from the applicant((; or)).

     (3) ((We find cause to cancel the permit under the circumstances described in WAC 480-15-450.)) The applicant filed within six months of a denial of a previous application or within one year of cancellation of a permit under WAC 480-15-320 or 480-15-450 (1)(c) through (g).

     (4) The carrier does not have:

     (a) Sufficient experience in the industry.

     (b) Sufficient knowledge of safety regulations.

     (c) Sufficient financial resources or equipment.

     (d) Compliance with tax, labor, employment, business and vehicle licensing laws and rules.

     (5) The carrier has:

     (a) Been convicted of any crime.

     (b) Previously been denied authority by the commission on the basis of fitness.

     (c) Failed or refused to comply with applicable laws and rules pertaining to operations of household goods carriers.

     (d) Failed to file an annual report or pay required regulatory fees.

     (e) Allowed others to transport goods under the carrier's permit authority.

     (6) Other circumstances exist that cause the commission to believe canceling the permit is in the public interest.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-320, filed 12/15/98, effective 1/15/99.]

     (a) New original authority((;)).

     (b) Transfer of existing authority((;)), except as described in WAC 480-15-335.

     (c) Acquisition of control of existing authority((;)).

     (d) Additional authority for an existing household goods permit((; or

     (e) Household goods authority for an existing general commodities permit granted under the provisions of chapter 480-14 WAC)).

     (2) ((We)) The commission will grant or deny an application for permanent authority after ((we have conducted)) it conducts a complete review of ((your)) the application, supporting statements, reports((,)) or other information necessary to determine fitness, public interest((,)) and current or future public convenience and necessity.

     (3) Some transfers of existing permanent authority are not subject to the requirements in this rule. WAC 480-15-260 lists the exceptions ((are listed in WAC 480-15-260)).

     (4) When determining if an applicant is fit, willing and able to provide the proposed service, ((we)) the commission will consider statements and reports including any information provided by the applicant and other members of the public ((regarding)). The commission may reject or deny an application for permanent authority if:

     (a) ((The applicant's experience in the industry; knowledge of safety regulations; financial resources and equipment; compliance with tax, labor, employment, business, and vehicle licensing laws;

     (b) Whether the applicant has been cited for violation of state law or commission rules, has been convicted of a Class A or Class B Felony, or previously has been denied authority on the basis of fitness; and

     (c) The results of any compliance reviews, audits, inspection reports, and consumer complaints filed against the applicant.)) The application is incomplete.

     (b) The application indicates evidence of fraud.

     (c) The applicant filed within six months of a denial of a previous application or within one year of cancellation of a permit under WAC 480-15-320 or 480-15-450 (1)(c) through (f).

     (d) The applicant does not have:

     (i) Sufficient experience in the industry.

     (ii) Sufficient knowledge of safety regulations.

     (iii) Sufficient financial resources or equipment.

     (iv) Compliance with tax, labor, employment, business and vehicle licensing laws and rules.

     (e) The applicant has:

     (i) Previously been denied authority canceled by the commission.

     (ii) Been convicted of any crime.

     (iii) Previously had permit authority canceled by the commission.

     (iv) Paid or incurred penalties or received citations for violation of state law or commission rules.

     (v) Been subject to other enforcement actions for violation of state law or commission rules.

     (f) The results of any compliance reviews, audits, inspection reports and consumer complaints filed against the applicant cause the commission to believe issuing the permit is not in the public interest.

     (g) Other circumstances exist that cause the commission to believe issuing the permit is not in the public interest.

     (5) When determining if the proposed service is in the public interest ((we)) the commission will consider statements and reports, including any information provided by the applicant((,)) and other members of the public ((supporting)) concerning the proposed service, and whether granting the permanent authority will:

     (a) Enhance choices available to consumers((,)).

     (b) Promote a viable yet competitive household goods industry((, or)).

     (c) Fill an unmet need for service((; and

     (b))).

     (d) Allow ((us)) the commission to more efficiently regulate the household goods industry((, and)).

     (e) Provide increased consumer protection through regulation.

     (6) When determining if the proposed service is needed to satisfy the current or future public convenience and necessity, ((we)) the commission will consider any information provided by the applicant, ((shippers,)) customers and other members of the public ((supporting)) concerning the proposed service((,)) and any reports relating to the operations ((you)) conducted under temporary authority((,)) including, but not limited to, the following:

     (a) The number of customers ((you)) served((;)).

     (b) The nature of the service ((you)) provided((;)).

     (c) ((Your)) Customer((s')) satisfaction((; and)).

     (d) Statements regarding future need for ((your)) services.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-330, filed 12/15/98, effective 1/15/99.]

     (a) A partnership has dissolved due to the death, bankruptcy or withdrawal of a partner and that partner's interest is being transferred to a spouse or to one or more remaining partners.

     (b) A shareholder in a corporation has died and that shareholder's interest is being transferred to a surviving spouse or one or more surviving shareholders.

     (c) A sole proprietor has died and the interest is being transferred as property of the estate.

     (d) An individual has incorporated and the same individual remains the majority shareholder.

     (e) An individual has added a partner but the same individual remains the majority partner.

     (f) A corporation has dissolved and the interest is being transferred to the majority shareholder.

     (g) A partnership has dissolved and the interest is being transferred to the majority partner.

     (h) A partnership has incorporated, and the partners are the majority shareholders.

     (i) Ownership is being transferred from one corporation to another corporation when both are wholly owned by the same shareholders.

     (2) The commission will grant an application for permanent authority without requiring temporary operations after the application has been published on the application docket subject to comment for thirty days if the applicant is fit, willing and able to provide service, the applicant has filed to transfer or acquire control of permanent authority and all of the following conditions exist:

     (a) Ownership or control of a permit is being transferred to any shareholder, partner, family member, employee or other person familiar with the company's operations and the household goods moving services provided.

     (b) The permit has been actively used by the current owner to provide household goods moving services during the twelve-month period prior to the application.

     (c) The application includes a certified statement from the applicant and the current owner explaining why the transfer of ownership or control is necessary to ensure the company's economic viability.

     (d) The application includes a certified statement from the applicant and the current owner describing the steps taken by the parties to ensure that safe operations and continuity of service to customers is maintained.

[]

     (2) Anyone having an interest in an application appearing on the docket may file written comments within thirty days following publication, unless the application is published in conjunction with a grant of temporary authority. If the permanent authority application is published in conjunction with a grant of temporary authority, then comments will be accepted for one hundred eighty days or the full term of the temporary permit((s)).

     (3) Comments may ((be in the form of statements supporting or protesting)) either support or protest the application. Comments must include the commenter's full name, address, telephone number, ((and should also include a)) e-mail address, fax number and permit number, if available. Comments ((should)) must be signed and indicate the place and date when they were signed. Comments must ((state the nature of your support or protest and address the following issues)) indicate support for, or protest of, the permanent authority for any one or more of the following reasons:

     (a) Fitness((,)).

     (b) Public interest((,)).

     (c) Levels of service((,)).

     (d) Business practices((,)).

     (e) Safety((,)).

     (f) Operation of equipment((, and)).

     (g) Current or future public need for service.

     (4) A comment protesting an application ((may)) will not, on its own, cause the ((application to be set)) commission to set the matter for a hearing.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-340, filed 12/15/98, effective 1/15/99.]

[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-15-350, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-350, filed 12/15/98, effective 1/15/99.]

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-360, filed 12/15/98, effective 1/15/99.]

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-370, filed 12/15/98, effective 1/15/99.]

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-380, filed 12/15/98, effective 1/15/99.]

     (2) ((You)) A carrier may not operate under a name that is similar to ((that of)) another carrier unless one of the following conditions applies:

     (a) The carrier whose name is similar has given ((you)) written permission to use the name((; or)).

     (b) The commission authorizes use of the similar name. Before authorizing use of a similar name, the commission must first determine that the use of the similar name will not((:

     (i))) mislead the shipping public((;)) or

     (((ii))) result in unfair or destructive competitive practices.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-390, filed 12/15/98, effective 1/15/99.]

     (2) ((Your name change application)) Carriers must include the application fee (as shown in WAC 480-15-230), copies of any corporate minutes authorizing the name change((,)) and proof that ((you have)) the carrier has properly registered ((your)) the new name with the department of licensing, office of the secretary of state((,)) or other agencies((,)) as may be required.

     (3) ((You)) Carriers must file an application to transfer or acquire control of permanent authority if ((your)) the name change is the result of a change in ownership or controlling interest.

     (4) ((You)) Carriers may not advertise or operate under the ((changed)) proposed name change until the commission approves ((your request)) the application.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-400, filed 12/15/98, effective 1/15/99.]

     (2) ((You)) The carrier must send ((your)) its request to ((us)) the commission in writing and include the following information:

     (a) ((Your)) Name, address, and permit number((;)).

     (b) The reason for the request (e.g., medical statement, military orders)((;)).

     (c) The date ((you would like the)) voluntary suspension ((to)) is requested to begin((;)).

     (d) The length of time ((you)) the carrier will be unable to use ((your)) the permit((; and)).

     (e) A statement that no household goods transportation will occur under ((your)) the permit while it is suspended.

     (3) ((We)) The commission will issue an order suspending ((your)) the permit. The order will set the length of time and the terms of ((your permit)) suspension.

     (4) To activate ((your)) a suspended permit ((you)), a carrier must send ((us)) the commission a letter advising that ((you are)) it is ready to resume household goods service and agree to conduct operations in compliance with all laws and rules. ((You)) The carrier must satisfy any outstanding filing requirements before ((we)) the commission will issue an order lifting the suspension.

     (5) If ((you do)) the carrier does not activate ((your)) the permit before the suspension period expires, ((your)) the commission may cancel the permit ((may be canceled)).

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-410, filed 12/15/98, effective 1/15/99.]

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-420, filed 12/15/98, effective 1/15/99.]

     (a) ((Failure)) Failing to maintain evidence of required cargo ((and/or liability)) insurance coverage for all areas of ((your)) its operations((;)).

     (b) ((Failure)) Failing to maintain evidence of required liability insurance coverage for all areas of its operations.

     (c) Failing to ((maintain your tariff and/or)) comply with the rates and rules contained in the commission-published tariff((;

     (c) Failure or refusal to comply with operating standards that protect the public health and/or safety;)).

     (d) Failing or refusing to comply with applicable laws and commission rules pertaining to operations of household goods carriers, including safety requirements set in law or rule.

     (e) Allowing others to transport goods under ((your)) the carrier's permit authority. ((See WAC 480-15-380.

     (e) Operating in a manner which harms the rights of the shipping public or which constitutes unfair or deceptive business practices. For example: Investigation by the commission's staff representatives upholds numerous consumer complaints related to loss and damage, packing, loading and/or unloading, estimating or billing.))

     (f) Committing fraud.

     (2) The commission may suspend a permit without an opportunity for hearing if there is imminent danger to the public health, safety or welfare((, or)) and there is insufficient time to conduct a hearing.

     (3) The commission will send notice to any carrier of its action to suspend the carrier's permit. The suspension begins on the effective date listed in the notice.

     (4) A carrier may contest the suspension of its permit by requesting a hearing or brief adjudicative proceeding. Chapter 480-07 WAC describes the procedures for such hearings.

     (5) The commission will lift the suspension of the permit after the carrier corrects all conditions leading to the suspension.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-430, filed 12/15/98, effective 1/15/99.]

     (((1) Failure)) (a) Failing to file an annual report or pay required regulatory fees((;)).

     (((2) Failure)) (b) Failing to correct, within the time frame specified in the suspension order, all conditions that led to the suspension of ((your)) a permit((;)).

     (((3) Continued violations of applicable laws and rules affecting the public health, safety or welfare when the commission has reason to believe you would not comply with those laws and rules following a specified period of suspension;

     (4) Repeated failure or refusal)) (c) Failing or refusing to comply with applicable laws and commission rules pertaining to operations of household goods carriers((;)), including safety requirements set in law or rule.

     (((5) Failure)) (d) Failing to supply information necessary to the commission for the performance of its regulatory functions when ((requested by)) the commission requests the carrier to ((provide such information;)) do so.

     (((6) Submission of)) (e) Submitting false, misleading or inaccurate information. ((The commission will hold a hearing prior to canceling your permit unless your permit is subject to cancellation because you failed, within the time frame specified by a suspension order, to correct the causes of the suspension;

     (7))) (f) Allowing others to transport goods under ((your)) the carrier's permit authority ((in violation of WAC 480-15-380)).

     (g) Operating in a manner that constitutes unfair or deceptive business practices.

     (h) Committing fraud.

     (2) The commission will hold a hearing prior to canceling a permit unless the permit is subject to cancellation because the carrier failed, within the time frame specified by a suspension order, to correct the causes of the suspension. In that case:

     (a) The commission will send notice to any carrier of the date the commission will cancel a permit. The commission will enter an order canceling the permit thirty days after the service date of the notice.

     (b) A carrier may contest the cancellation of its permit by requesting a hearing or brief adjudicative proceeding. Chapter 480-07 WAC describes the procedures for such hearings.

     (3) If any permit is canceled the carrier corrects all conditions that led to the cancellation of the permit, the carrier may apply for reinstatement.

     (a) To reinstate the permit within thirty days of cancellation, the carrier must file an application for reinstatement and pay the applicable reinstatement fees as stated in WAC 480-15-230.

     (b) If the carrier files an application for reinstatement after thirty days of cancellation, the application will be considered in all aspects to be an application for new authority and will be subject to all terms and conditions specified in WAC 480-15-240 for new entrants.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-450, filed 12/15/98, effective 1/15/99.]

     (a) ((You)) Carriers must report ((your)) financial information ((according to the uniform system of accounts established by the commission for household goods carriers)) as required in the annual report forms.

     (b) The commission will mail annual report forms and instructions to each household goods permit holder at ((their)) its address of record. If ((you do)) a carrier does not receive an annual report form, it is ((your)) the carrier's responsibility to contact the commission and request the form.

     (2) ((What is a regulatory fee?)) A regulatory fee is an annual assessment paid by each household goods carrier to cover the costs of regulating the household goods industry. ((The maximum regulatory fee is set by law at one-fourth of one percent of the gross operating revenue generated from your intrastate transportation of household goods. We may reduce the fee by general order. Each year we review the costs of regulating the household goods industry and set the next year's fee accordingly.)) The commission reviews the costs of regulating the industry and sets fees proportionate to costs, although not above the maximum amount allowed by law.

     (3) ((How do I calculate my regulatory fee? Your)) Regulatory fees ((is)) are calculated as a percentage of ((your)) intrastate gross operating revenues generated from the transportation of household goods during the prior calendar year. For example:

((For example:	Gross Operating Revenue	$100,000.00	x
	Regulatory Fee Percentage	.0025	=
	Regulatory Fee Due	$ 250.00))

Gross operating revenue	$100,000
Times the regulatory fee percentage	.0025
Equals the regulatory fee due	$ 250

     (4) ((When are my annual report and regulatory fees due? You)) Carriers must file ((your)) annual reports and pay ((your)) regulatory fees by May 1st of ((the)) each year ((following the calendar year for which you are reporting)) based on the prior year's operations. The commission must receive both the annual report and the regulatory fee payment no later than May 1.

     (a) ((If you pay your regulatory fee late, we)) The commission will assess an automatic late fee of two percent of the amount due, plus one percent interest for each month after that, for any regulatory fees not received by May 1.

     (b) ((If you do not file your annual report and/or do not pay your regulatory fee, we)) The commission may issue penalty assessments or cancel ((your)) a carrier's permit ((under the provisions of WAC 480-15-450)) for failure to pay regulatory fees or file annual reports.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-480, filed 12/15/98, effective 1/15/99.]

     (2) ((How are tariff rates and charges established?

     (a) Pursuant to RCW 81.80.130 and 81.80.150,)) The commission publishes tariffs ((to be used by)) that all household goods carriers((, or)) must use and allows household goods carriers to file individual tariffs if the commission finds it is impractical to ((publish)) include in its tariff((s)) for certain commodities or services. ((The commission determines the rates and charges contained in the tariffs by commission order following notice and hearing. Under RCW 81.80.130, the commission must set fair, just, reasonable, and sufficient rates and charges. The commission will do this by setting minimum and maximum rates.

     (b) Upon the effective date of these rules, and continuing until such time as the commission, after notice and hearing, determines a different rate level, household goods carriers must assess rates and charges within a band.

     (i) The maximum rates and charges must be no more than twenty percent above the rates and charges as published by the commission in Tariff 15A in effect on February 1, 2000.

     (ii) The maximum rates and charges established in (b)(i) of this subsection will be adjusted each June 1, through 2005, by an index calculated using the first-quarter implicit price deflator (IPD) of the gross domestic product as follows:

((Index for Current Year = IPD for Previous Year First Quarter/IPD for Current Year First Quarter
Example: Using the following data:
	IPD for Previous Year First Quarter			102.35
	IPD for Current Year First Quarter			103.83
Index for Current Year is calculated as follows:
	IPD for Current Year First Quarter			103.83
	Divided by IPD for Previous Year First Quarter			102.35
		Equals Index for Current Year		= 1.0145
Maximum Rate or Charge is calculated as follows:
	Maximum Rate for Previous Year			$ 100.00
	Multiplied by Index for Current Year			x 1.0145
		Equals the Maximum Rate for Current Year		= $ 101.45
Round the maximum rate to the next $.01, with $.005 and greater rounded up and less than $.005 rounded down. Mileage rates are rounded to the next $.0001.))

     (iii) The minimum rate or charge is fixed at no less than forty percent below the maximum rate or charge established in (b)(i) of this subsection.))

     (3) ((Who must have tariffs? Each person holding)) All household goods carriers are required to follow the terms, conditions, rates and all other requirements imposed by the commission-published tariff.

     (4) The commission will set minimum and maximum rates carriers may charge within the tariff.

     (5) Every household goods permit ((authority)) holder must ((purchase and display)) obtain at least one copy of the current tariff, and may pay applicable tariff maintenance fees. Any interested person may purchase a copy by paying the applicable fees in advance.

     (((4) Where must a household goods carrier display its tariffs? A household goods carrier must display a current copy of the tariff in its main office and in each billing office.

     (5) Who must charge rates contained in the tariff? All household goods carriers must charge the rates and charges, and comply with the rules contained, in the tariff unless the commission has approved, in writing, deviations from the tariff.

     (6) Is the tariff the only publication a household goods carrier needs to use to determine rates? The commission may adopt other publications that will be used to assess rates. If we do, we will notify tariff subscribers of the change.

     (7) Where may the public view tariffs? Tariffs are public documents and you must make them available for the public by posting copies at your main office and any billing office. Tariffs are also available for review at our headquarters office.

     (8) How much does a tariff cost? The cost of tariffs may change periodically depending on our costs for compiling, printing, distributing, and maintaining them. To find out the current cost, you may contact the commission as described in WAC 480-15-060.

     (9) Are copies of current or expired tariff pages available? The commission will supply you with current or expired single tariff pages upon request. Copies of entire expired tariffs, or entire tariffs applicable on a specific date in the past, generally are not available.))

[Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-490, filed 6/27/00, effective 7/28/00. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-490, filed 12/15/98, effective 1/15/99.]

     (2) ((Do I always have to pay full maintenance fees? The annual maintenance fee is payable in advance on a prorated basis depending upon the month in which you purchase a tariff. See the table below:)) The commission may bill any applicable tariff maintenance fees by December 1 of each year. When billed, companies and other tariff subscribers must pay the bill by December 31.

     (a) If a tariff subscriber does not have a permit and fails to pay the billed maintenance fee by December 31, the commission may cancel the tariff subscription. To reinstate a subscription, the tariff subscriber must obtain a new original copy of the tariff and pay all applicable maintenance fees.

     (b) If a tariff subscriber has a permit and fails to pay billed tariff fees by December 31, the commission may take administrative action against the household goods carrier to suspend or cancel the permit, or to assess penalties.

((Month in which maintenance service is purchased	Percentage of total maintenance fee payable
January, February, March	100%
April, May, June	75%
July, August, September	50%
October, November, December	25%))

     (3) ((How am I billed for my annual tariff maintenance fees?)) The commission may bill any applicable tariff maintenance fees by December 1 of each year((, we send a bill to each tariff subscriber for the next year's annual tariff maintenance service. Tariff subscribers must pay maintenance fees)). When billed, companies and other tariff subscribers must pay the bill by December 31.

     (((4) What happens if a tariff subscriber fails to pay the annual maintenance fees by December 31?))

     (a) If a tariff subscriber does not have a permit((,)) and fails to pay the billed maintenance fee by December 31, ((we will)) the commission may cancel the tariff subscription. To reinstate a subscription, the tariff subscriber must ((purchase)) obtain a new original copy of the tariff and pay all applicable maintenance fees.

     (b) If a tariff subscriber has a permit and fails to pay billed tariff fees by December 31, ((we)) the commission may take administrative action against the household goods carrier to suspend or cancel the permit, or to assess penalties.

     (((5) Am I entitled to a refund if I cancel my tariff subscription? If you cancel your tariff subscription and send us a written request we will refund your prepaid tariff maintenance fees. We base refunds on a prorated formula of one-twelfth the amount of the fee prepaid, times the number of whole months remaining in the calendar year.))

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-500, filed 12/15/98, effective 1/15/99.]

     (2) ((How do I propose changes to the tariff?)) Companies must send all proposed changes ((must be sent)) to the commission's mailing address ((and)). Proposed changes must meet all of the following:

     (a) Be in writing((;)).

     (b) Identify the ((rates, rules, or classifications)) tariff item to be changed((;)).

     (c) Fully describe the proposed change((;)).

     (d) State clearly the reason(s) for the proposed change((;)).

     (e) Include any information or documents that justify the proposed change (the person proposing the change must prove the change is just and reasonable)((; and)).

     (f) Identify the name, address, title, telephone number, e-mail address, permit number and fax number (if any) of the person we should contact regarding the proposal.

     (3) ((How does the commission consider proposals for tariff changes?)) When ((we)) the commission receives a proposed tariff change ((we)), it will:

     (a) Assign a docket number((;)).

     (b) Schedule each docketed proposal for tariff change for consideration at ((one of our)) a regularly scheduled open public meeting((s)). ((The commission may approve the proposed changes, or suspend them and set them for hearing;))

     (c) Notify ((you and)) other interested persons of the date when ((we)) it will consider the tariff change((; and)).

     (d) If the application for tariff change is suspended, the commission will process ((each)) the application ((for tariff change)) under the procedures set forth in chapter 480-07 WAC.

     (4) ((When do approved changes become effective? Changes we approve)) Approved changes are not effective until ((we)) the commission publishes and distributes a revised tariff page with a stated effective date. ((We will identify the effective date of the change on the revised page.))

[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-15-510, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-510, filed 12/15/98, effective 1/15/99.]

     (a) A cover letter requesting permission ((from us)) to publish and file an individual tariff. The letter must describe the reasons ((you)) the carrier believes permission should be granted. ((Your)) The letter should state the reasons ((you believe)) it is impractical for ((us)) the commission to publish a tariff for the commodities or services contained in ((your)) the proposed tariff.

     (b) Two copies of ((your)) the proposed tariff. ((Your)) The proposed tariff must comply with the tariff drafting standards in chapter 480-149 WAC (((Tariff Circular No. 6). You may request a copy of chapter 480-149 WAC from our records management section)). The proposed tariff must contain all rates, charges, and rules ((you)) the company will ((be using)) use if ((we grant you permission)) granted approval to publish and file an individual tariff.

     (c) Data showing that the rates and charges contained in the proposed tariff are fair, just, reasonable((,)) and sufficient.

     (2) ((How are individual carrier filed tariffs processed?

     (a) We review individual carrier filed tariffs:

     (i) For compliance with laws and rules relating to content and format;

     (ii) To ensure rates are fair, just, reasonable, and sufficient; and

     (iii) For reasonableness and accuracy.

     (b) If tariffs are incomplete or do not comply with laws and rules, staff will discuss the issues with the carrier and require that corrected tariffs be filed.

     (c) When an individual carrier filed tariff is approved, the commission will issue an order stating the date on which the rates become effective. One copy of the tariff marked "approved" will be returned with the order.

     (3) How does the commission consider proposals to amend individual carrier filed tariffs? When we receive your proposed tariff amendment we will:

     (a) Assign a docket number;

     (b) Schedule each proposed tariff amendment for consideration at one of our regularly scheduled open public meetings. The commission may approve the proposed amendment, or suspend them and set them for hearing;

     (c) Notify you and other interested persons of the date when we will consider the tariff proposed amendment;

     (d) Process your proposed tariff amendment under the procedures established in chapter 480-07 WAC; and

     (e) Notify you of the disposition of your proposed tariff amendment. If the filing is approved, we will notify you of the date upon which the tariff amendment becomes effective.

     (4) What happens if I don't charge the rates and charges in my tariff? You are subject to administrative action (see WAC 480-15-130(3)) if you charge rates or charges different from those contained in your tariff.)) When an individual carrier filed tariff is approved, the commission will issue an order stating the date on which the rates become effective. The commission will return one copy of the tariff marked "approved" to the company.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-15-520, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-520, filed 12/15/98, effective 1/15/99.]

     (a) ((Your)) The policy must be written by an insurance company authorized to write insurance in Washington state.

     (b) ((Your)) The policy must include the Uniform Motor Carrier Bodily Injury and Property Damage Liability Endorsement, Form F.

     (c) ((If you operate motor vehicles without the required insurance coverage you will be subject to immediate compliance action as described in WAC 480-15-430.)) The commission will suspend for thirty days and then eventually cancel any carrier operating without proof of required insurance coverage.

     (2) ((What are the minimum insurance limits?)) The minimum limits of required public liability and property damage insurance for motor vehicles operated by household goods carriers are as follows:

     (a) At least three hundred thousand dollars in combined single limit coverage for motor vehicles with a gross vehicle weight rating of less than ten thousand pounds ((must have at least three hundred thousand dollars in combined single limit coverage)).

     (b) At least seven hundred fifty thousand dollars in combined single limit coverage for motor vehicles with a gross vehicle weight rating of ten thousand pounds or more ((must have at least seven hundred fifty thousand dollars in combined single limit coverage)).

     (3) ((Am I required to file proof of insurance? Yes, you)) Carriers must file a Uniform Motor Carrier Property Damage and Public Liability Certificate of Insurance (Form E) as a condition of maintaining ((your)) a household goods permit.

     (a) ((The Form E is a standard motor carrier insurance form recognized by the insurance industry. In most cases your insurance agent must request that the insurance company file the Form E with us.

     (b) Your)) The Form E filing must be issued in exactly the same name as ((your)) the carrier's permit.

     (((c) Your)) (b) The Form E filing must be continuous, until canceled by a Notice of Cancellation (Form K) filed with ((us)) the commission no less than thirty days before the cancellation effective date.

     (((d) You)) (c) Carriers may file a Uniform Motor Carrier Property Damage and Public Liability Surety Bond (Form G) instead of the Form E.

     (4) ((May I file an insurance binder? We)) The commission will accept an insurance certificate or binder for up to sixty days. A certificate or binder may be canceled by filing written notice with ((us)) the commission at least ten days before the cancellation effective date. A certificate or binder must be replaced by a Form E within sixty days of filing, or before the expiration date, whichever occurs first.

     (a) Certificates or binders must ((show)) include all of the following:

     (i) The commission as the named certificate holder((;)).

     (ii) ((Your)) The carrier's name, exactly as it appears on ((your)) the permit or application, as the insured((;)).

     (iii) The insurance company name((;)).

     (iv) The insurance policy number((;)).

     (v) The effective and expiration dates((; and)).

     (vi) The insurance limits of coverage.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-530, filed 12/15/98, effective 1/15/99.]

     (2) ((What are the minimum cargo insurance limits?)) The minimum limits of required cargo insurance are:

     (a) Ten thousand dollars for household goods transported in motor vehicles with a gross vehicle weight rating of less than ten thousand pounds.

     (b) Twenty thousand dollars for household goods transported in motor vehicles with a gross vehicle weight rating of ten thousand pounds or more.

     (3) ((Am I required to file proof of cargo insurance? No, you are not required to file)) Carriers must provide proof of ((your)) required cargo insurance ((with us)) when they apply for a permit. ((You)) In addition, carriers must have proof of cargo insurance at ((your)) their main office available for inspection by commission representatives.

     (4) The commission may suspend and eventually cancel the permit of any carrier operating without required cargo insurance coverage.

[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-550, filed 12/15/98, effective 1/15/99.]