1 STATUTORY OR OTHER AUTHORITY: The Washington utilities and transportation commission (commission) takes this action under Notice No. WSR 07-21-148, filed with the code reviser on October 24, 2007. The commission brings this proceeding pursuant to RCW 80.01.040, 80.04.160, 81.04.250, 81.28.040, 81.80.120, 81.80.130, and 81.80.290.

     2 STATEMENT OF COMPLIANCE: This proceeding complies with the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 43.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).

     3 DATE OF ADOPTION: The commission adopts this rule on the date this order is entered.

     4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325(6) requires the commission to prepare and publish a concise explanatory statement about an adopted rule. The statement must identify the commission's reasons for adopting the rule, describe the differences between the version of the proposed rules published in the register and the rules adopted (other than editing changes), summarize the comments received regarding the proposed rule changes, and state the commission's responses to the comments reflecting the commission's consideration of them.

     5 To avoid unnecessary duplication in the record of this docket, the commission designates the discussion in this order, including appendices, as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda preceding the filing of the CR-102 proposal and the adoption hearing. Together, these documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.

     6 REFERENCE TO AFFECTED RULES: This order amends, adopts, and repeals the following sections of the Washington Administrative Code:

     Amend WAC 480-15-010 Purpose and application.

     Amend WAC 480-15-020 Definitions.

     Adopt WAC 480-15-025 Commission proceedings.

     Amend WAC 480-15-035 Exemptions from rules.

     Adopt WAC 480-15-055 Payment to the commission.

     Repeal WAC 480-15-060 How may I contact the commission?

     Adopt WAC 480-15-065 Address or telephone change.

     Repeal WAC 480-15-070 Where is the commission located?

     Repeal WAC 480-15-080 How do I file documents with the commission?

     Repeal WAC 480-15-090 May I submit information to the commission confidentially?

     Repeal WAC 480-15-100 What form of payment does the commission accept?

     Repeal WAC 480-15-110 If I change my business address or telephone number, must I notify the commission?

     Repeal WAC 480-15-120 What rules apply to commission proceedings?

     Repeal WAC 480-15-130 What is the commission's compliance policy?

     Repeal WAC 480-15-140 How will the commission enforce this chapter?

     Adopt WAC 480-15-145 Enforcement.

     Repeal WAC 480-15-150 Why would the commission take administrative action?

     Repeal WAC 480-15-160 What sanctions apply to carriers operating without valid permits?

     Repeal WAC 480-15-170 What is a household goods permit?

     Amend WAC 480-15-180 Carrier operations that require a household goods permit.

     Adopt WAC 480-15-181 Operations that do not require a household goods permit.

     Adopt WAC 480-15-185 Types of household goods permits.

     Amend WAC 480-15-190 Service territory.

     Repeal WAC 480-15-195 When will my existing household goods permit be reissued?

     Repeal WAC 480-15-200 Are there areas I may operate without a permit?

     Repeal WAC 480-15-210 Are there different kinds of household goods permits?

     Repeal WAC 480-15-220 How do I apply for a permit?

     Amend WAC 480-15-230 Application fees.

     Repeal WAC 480-15-240 How may a new entrant obtain authority?

     Repeal WAC 480-15-250 What is the process to expand the authority in an existing permit?

     Repeal WAC 480-15-260 Exceptions to the application process.

     Amend WAC 480-15-270 Emergency temporary authority.

     Amend WAC 480-15-280 Temporary authority.

     Amend WAC 480-15-285 Rejecting or denying an application for temporary authority.

     Amend WAC 480-15-290 Granting temporary authority.

     Repeal WAC 480-15-300 What conditions may be attached to my temporary authority?

     Amend WAC 480-15-310 Commenting on actions regarding temporary authority.

     Amend WAC 480-15-320 Canceling a temporary permit.

     Amend WAC 480-15-330 Permanent authority.

     Adopt WAC 480-15-335 Exceptions to permanent authority application process.

     Amend WAC 480-15-340 Commenting on an application for permanent authority.

     Amend WAC 480-15-350 Setting an application for hearing.

     Amend WAC 480-15-360 Retaining copies of the permit.

     Amend WAC 480-15-370 Lost or destroyed permit.

     Amend WAC 480-15-380 Allowing others to use permit authority.

     Amend WAC 480-15-390 Permit names or trade names.

     Amend WAC 480-15-400 Changing a permit name.

     Amend WAC 480-15-410 Voluntary suspension of a permit.

     Amend WAC 480-15-420 Voluntary cancellation of a permit.

     Amend WAC 480-15-430 Involuntary suspension.

     Repeal WAC 480-15-440 What happens if my permit is suspended for cause?

     Amend WAC 480-15-450 Involuntary cancellation of a permit.

     Repeal WAC 480-15-460 What happens if my permit is canceled for cause?

     Repeal WAC 480-15-470 Rule books.

     Amend WAC 480-15-480 Annual reports and regulatory fees.

     Amend WAC 480-15-490 Tariff and rates, general.

     Amend WAC 480-15-500 Tariff maintenance and fees.

     Amend WAC 480-15-510 Changing commission published tariffs.

     Amend WAC 480-15-520 Individual carrier tariffs.

     Amend WAC 480-15-530 Public liability and property damage insurance.

     Repeal WAC 480-15-540 What happens if my insurance filing is canceled?

     Amend WAC 480-15-550 Cargo insurance.

     Amend WAC 480-15-560 Equipment safety requirements.

     Amend WAC 480-15-570 Driver safety requirements.

     Repeal WAC 480-15-580 Accident reporting.

     Amend WAC 480-15-590 Leasing vehicles.

     Amend WAC 480-15-600 Lease responsibilities.

     Amend WAC 480-15-610 Advertising.

     Amend WAC 480-15-620 Information household goods carriers must provide to customers.

     Amend WAC 480-15-630 Estimates.

     Repeal WAC 480-15-640 Verbal estimates.

     Repeal WAC 480-15-650 Form of estimates.

     Amend WAC 480-15-660 Supplemental estimates.

     Repeal WAC 480-15-670 Exceptions for nonbinding estimates.

     Repeal WAC 480-15-680 Am I required to provide an accurate estimate?

     Repeal WAC 480-15-690 What will happen if I underestimate a household goods move?

     Repeal WAC 480-15-700 What are the commission's guidelines in deciding to assess monetary penalties for underestimating?

     Amend WAC 480-15-710 Bill of lading.

     Repeal WAC 480-15-720 Who must issue a bill of lading?

     Repeal WAC 480-15-730 What is the format for bills of lading?

     Repeal WAC 480-15-740 Information required on a bill of lading.

     Amend WAC 480-15-750 Weight.

     Repeal WAC 480-15-760 What are my responsibilities to notify the shipper of the actual weight and charges for the shipment?

     Repeal WAC 480-15-770 Must I reweigh the shipment at the point of delivery if the shipper requests it?

     Repeal WAC 480-15-780 When may I refuse to provide service to a shipper?

     Repeal WAC 480-15-790 When must I not refuse service?

     Repeal WAC 480-15-795 Payment options.

     Amend WAC 480-15-800 Customer complaints and claims.

     Amend WAC 480-15-810 Resolving customer complaints or claims.

     Repeal WAC 480-15-820 What must I do if I cannot resolve a claim within one hundred twenty days?

     Amend WAC 480-15-830 Complaint and claim records retention.

     Repeal WAC 480-15-840 Are complaint and claim records subject to commission review and in what order must I keep the records?

     Repeal WAC 480-15-850 What additional requirements exist if a claim involves more than one carrier.

     Repeal WAC 480-15-860 What information must be included in the claim or complaint record?    

     Repeal WAC 480-15-870 What must I do if, after review, the shipper is still dissatisfied with the resolution of the complaint or claim?

     Repeal WAC 480-15-880 Must I respond to all written correspondence, complaints and claims?

     Amend WAC 480-15-890 Commission-referred complaints.

     Amend WAC 480-15-900 Requirements for interstate operations.

     Repeal WAC 480-15-910 How do I register as a registered carrier?

     Repeal WAC 480-15-920 How do I register as a registered exempt carrier?

     Repeal WAC 480-15-930 Registration fee and receipts.

     Repeal WAC 480-15-940 Insurance requirements for interstate operations.

     7 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: The commission filed a preproposal statement of inquiry (CR-101) on April 18, 2007, at WSR 07-09-104.

     8 The statement advised interested persons that the commission was considering entering a rule making to consider the review of chapter 480-15 WAC, Household goods carriers. The commission also informed persons of this inquiry by providing notice of the subject and the CR-101 to everyone on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3) and by sending notice to all registered household goods carriers. Pursuant to the notice, the commission engaged in meetings with stakeholders and provided several opportunities for stakeholders to offer written comments. The commission called for written comments to be filed in conjunction with the CR-101 on April 20, 2007, and held a stakeholder meeting on May 24, 2007. On July 20, 2007, the commission provided an additional opportunity for stakeholders to file written comments by September 14, 2007. Throughout the process, the commission considered comments offered by stakeholders and changed the draft rules as appropriate. The commission and stakeholders were able to reach consensus on all outstanding issues. On October 26, 2007, the commission called for comments in conjunction with the CR-102, the commission's proposed rules. The commission received no comments in response to the proposed rules made available to stakeholders with the CR-102 notice.

     9 NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of proposed rule making (CR-102) on October 24, 2007, at WSR 07-21-148. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 07-21-148 at 1:30 p.m., December 12, 2007, in the Commission's Hearing Room, Second Floor, Richard Hemstad Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.

     10 MEETINGS OR WORKSHOPS; ORAL COMMENTS: The commission held a workshop for stakeholders on May 24, 2007. Commission staff and the following stakeholders attended the meeting: Jim Tutton, Washington Movers Conference; Ken Mafli, Apex Moving; Dan Powell, Star Moving Systems; Steve Suhre, Bekins Northwest Moving; Larry Nelsen, Hansen Brothers Moving; Alan Holm, Hansen Brothers Moving; Dave Jedlicka, Hansen Brothers Moving; and Sharon Joseph, Jordan River Moving.

     11 The stakeholders were concerned about the rates they are able to charge for moving services. Most felt the rates were not sufficient. The commission addressed the rate issue in a separate docket (Docket TV-071649) to the stakeholders' satisfaction by approving maximum rates at 25% above the rates in effect at the time. Some stakeholders did not agree that a written estimate should be required in all cases. They would prefer a customer be allowed to waive an estimate if they chose. Stakeholders asked the commission to retain the language on the back of the bill of lading as currently required. Stakeholders wanted to increase the number of miles that defined a local move. The current level was thirty-five miles: Stakeholders wanted it increased to fifty, fifty-five or sixty miles. Stakeholders wanted to eliminate the requirement that movers must release a shipment upon payment of 110% of a nonbinding estimate. Stakeholders wanted to require the customer pay the full amount of the actual bill before releasing the goods. Stakeholders did not want to increase the application of the definition of storage-in-transit from ninety to one hundred eighty days. Staff considered all comments offered at the workshop and incorporated changes, where appropriate, into the next version of draft rules.

     12 WRITTEN COMMENTS: The commission did not receive any written comments in response to the CR-102.

     13 RULE-MAKING HEARING: The commission considered the proposed rules for adoption at a rule-making hearing on December 12, 2007, before Chairman Mark H. Sidran, Commissioner Patrick J. Oshie, and Commissioner Philip B. Jones. The commission originally noticed the adoption hearing for 1:30 p.m. Due to late scheduling conflicts, the commission began the adoption hearing at 9:40 a.m., directly following the regularly-scheduled open meeting. The commission notified the Washington movers conference, the only stakeholder expected to attend, of the change in time for the hearing. The commission heard oral comments from Vicki Elliott, representing commission staff, and Jim Tutton, representing the Washington movers conference of the Washington Trucking Association (movers conference). The commission reconvened the adoption hearing at 1:30 p.m. to hear from any person that did not have an opportunity to comment in the morning. No other interested person appeared or made oral comments.

     14 ORAL COMMENTS: Mr. Tutton stated the movers conference was pleased with the collaborative process staff used in the rule making and the proposed rules. Chairman Sidran thanked staff and the movers conference on their efforts. The chairman also stated he looked forward to working with the movers conference in the future to draft legislation that would increase the commission's ability to enforce its rules and, at the same time, address the need to relax economic regulation of the household goods industry. Mr. Tutton stated he also looked forward to that work.

     15 There were no written or oral comments that suggested changes to the proposed rules.

     16 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission finds and concludes that it should amend, repeal and adopt the rules as proposed in the CR-102 at WSR 07-21-148, with the changes described below.

     17 CHANGES FROM PROPOSAL: The commission adopts the proposal with the following clarifying language changes from the text noticed at WSR 07-09-104:

•	WAC 480-15-020 Definitions: Revised the definition of "Authority" as follows: "The rights granted to a common carrier to transport household goods."
	Revised the definition of "Binding estimate" as follows: "The written estimate the carrier gives to the customer in advance of the move, signed by the carrier and the customer, 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 must pay the amount of the binding estimate."
	Revised the definition of "Suspension" as follows: "Also includes suspend, suspended, suspending: An act by the commission to withhold temporarily withhold a household goods carrier's authority."
•	WAC 480-15-280 Temporary authority: Revised subsection (1) as follows: "An applicant must apply for temporary authority to provide service to meet a short-term need. If tThe commission grants the application,..."
	Revised subsection (4)(d) as follows: "Allow the commission to more efficiently regulate the household goods industry more efficiently.
•	WAC 480-15-285 Rejecting or denying an application for temporary authority: Revised subsection (2) as follows: "The application indicates evidence of fraud, misrepresentation, or erroneous information.
•	WAC 480-15-330 Permanent authority: Revised subsections (4)(b), (e) and (f) as follows: "The commission may reject or deny an application for permanent authority if:...
	(b) The application indicates evidence of fraud, misrepresentation or erroneous information.
	(e) The applicant has: (i) Previously been denied authority canceled by the commission....
	(f) The results of any compliance reviews, audits, inspection reports and consumer customer complaints filed against the applicant cause the commission to believe issuing the permit is not in the public interest."
•	WAC 480-15-420 Voluntary cancellation of a permit: Revised the text as follows: "If a carrier no longer wants to use its permit, the carrier may send the original permit to the commission with a written request that it be canceled...."
•	WAC 480-15-430 Involuntary suspension: Revised subsection (3) as follows: "The commission will send the carrier notice to any carrier of its action to suspend the carrier's permit...."
•	WAC 480-15-450 Involuntary cancellation of a permit: Revised subsections (2)(a) and (3) as follows:
	(2)(a) "The commission will send the carrier notice to any carrier of the date the commission will cancel a permit...."
	(3) "If any the permit is canceled and the carrier corrects all conditions that led to the cancellation of the permit, the carrier may apply for reinstatement."
•	WAC 480-15-480 Annual reports and regulatory fees: Revised subsection (1)(a) as follows: "Carriers must report financial information as required in the annual report forms."
•	WAC 480-15-490 Tariff and rates, general: Revised subsection (2) as follows: "The commission publishes tariffs that all household goods carriers must use and allows household goods carriers to file individual tariffs if the commission finds it is impractical to include for certain commodities or services in its tariff."
•	WAC 480-15-500 Tariff fees and maintenance: Deleted subsections (3) and (4) as they are duplicative of subsections (1) and (2).
•	WAC 480-15-510 Changing commission-published tariffs: Revised subsection (2)(f) as follows: "Identify the name, address, title, telephone number, e-mail address, permit number and fax number (if any) of the person we the commission should contact regarding the proposal."
•	WAC 480-15-530 Public liability and property damage insurance: Revised subsections (1)(c), (3)(a) and (b), and deleted subsection (d) as duplicative:
	(1)(c) "The commission will suspend for thirty days and then eventually subsequently cancel any carrier operating without proof of required insurance coverage."
	(3) "Carriers must file a Uniform Motor Carrier Property Damage and Public Liability Certificate of Insurance (Form E) or Uniform Motor Carrier Property Damage and Public Liability Surety Bond (Form G) as a condition of maintaining a household goods permit."
	(a) "The Form E or Form G filing must be issued in exactly the same name as the carrier's permit."
	(b) "The Form E or Form G filing must be continuous, until canceled by a Notice of Cancellation (Form K) filed with the commission no less than thirty days before the cancellation effective date."
•	WAC 480-15-550 Cargo insurance: Revised text in subsection (4) as follows: "The commission may suspend and eventually subsequently cancel the permit of any carrier operating without required cargo insurance coverage."
•	WAC 480-15-560 Equipment safety requirements: Revised text in subsection (1)(d) as follows: "Make vehicles available for inspection by commission representatives at any time upon request."
•	WAC 480-15-600 Lease responsibilities: Reinstated original rule language as follows: "When entering into a lease agreement, the carrier must ensure that all of the following conditions are met:..."
•	WAC 480-15-810 Complaints and claims: Revised the text as follows: "When the carrier receives a complaint or claim, it must: (1) Notify the customer, in writing, within ten working business days..."
•	WAC 480-15-900 Interstate operations: Revised the text as follows: "No household goods carrier may operate any motor vehicle or combination of motor vehicles over the public roads of this state in interstate commerce unless the carrier has met all of the following requirements: "...Obtained the appropriate operating authority from the U.S. Department of Transportation (USDOT) or its successor agency, if operating as a registered carrier..."

     18 In addition to these changes, typographical, formatting and internal cross-reference changes were made to headings and text, including the following sections: WAC 480-15-230, 480-15-330(3), 480-15-480(3), and 480-15-620(1).

     19 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that chapter 480-15 WAC should be repealed, amended, and adopted to read as set forth in Appendix A, as rules of the Washington utilities and transportation commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

     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 5, Amended 46, Repealed 49.

     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 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     21 The commission repeals, amends, and adopts chapter 480-15 WAC to read as set forth in Appendix A, as rules of the Washington utilities and transportation commission, to take effect on the thirty-first day after the date of filing with the code reviser pursuant to RCW 34.05.380(2).

     22 This order and the rules set out in Appendix A, after being recorded in the register of the Washington utilities and transportation commission, shall be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and 1-21 WAC.

     DATED at Olympia, Washington, December 27, 2007.

Washington State Utilities and Transportation Commission

Mark H. Sidran, Chairman

Patrick J. Oshie, Commissioner

Philip B. Jones, Commissioner

OTS-1142.5

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, signed by the carrier and the customer, 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 must 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 withhold 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.]

[]

[]

     (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.

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     (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)) 480-15-450)	$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)) more efficiently.

     (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 480-15-335 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, misrepresentation or erroneous information.

     (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 by the commission.

     (ii) Been convicted of any crime.

     (iii) Previously had permit authority 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 customer 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.

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     (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 the carrier notice 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 the carrier notice 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 the permit is canceled and the carrier corrects all conditions that led to 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.]