Effective Date of Rule: Immediately.

     Purpose: To align rule with national standards and new system requirements: Changing the time file time assigned to records delivered by postal service, describing acceptable means of communication, and clarifying the only means to indicate that a debtor is a transmitting utility.

     Citation of Existing Rules Affected by this Order: Amending WAC 308-390-102.

     Statutory Authority for Adoption: RCW 62A.9A-526.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: The UCC information management system is being changed to create file time consistency for all delivery modes. It is necessary to have this rule in place when the system change goes into effect on December 16, 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: December 16, 2008.

Nancy Skewis

Administrator

OTS-2008.2

AMENDATORY SECTION(Amending WSR 04-15-100, filed 7/19/04, effective 8/19/04)

WAC 308-390-102   Means to deliver UCC records ((delivery)) and time of filing.   UCC ((documents)) records may be tendered for filing at the filing office as follows:

     (1) Personal and courier delivery, at the filing office's street address between ((8:30)) 8:00 a.m. and ((4:30)) 5:00 p.m., Monday through Friday except state holidays. The file time for a UCC ((document)) record delivered by this method is when the UCC ((document)) record is ((received)) first examined by ((the)) a filing ((office ()) officer for processing, even though the UCC ((document)) record may not yet have been accepted for filing and subsequently may be rejected(())).

     (2) ((Express mail delivery, at the filing office's street address during regular business hours. The file time for a UCC document delivered by this method is 5:00 p.m. on the day of delivery (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected). A UCC document delivered after regular business hours or on a day the filing office is not open for business will have a filing time of 5:00 p.m. on the next day the filing office is open for business.

     (3))) Postal service delivery, to the filing office's mailing address. The file time for a UCC ((document)) record delivered by this method is ((5:00 p.m. on the day of delivery ()) when the UCC record is first examined by a filing officer for processing, even though the UCC ((document)) record may not yet have been accepted for filing and subsequently may be ((subsequently)) rejected(())). ((A UCC document delivered after regular business hours or on a day the filing office is not open for business will have a filing time of 5:00 p.m. on the next day the filing office is open for business.

     (4))) (3) Electronic mail and telefacsimile delivery((, to the filing office's e-mail address or the filing office's fax filing telephone number,)) are not accepted.

     (((5))) (4) Electronic filing. ((Financing statements)) UCC records may be ((entered on-line after July 1, 2001, as described in WAC 308-390-313 and 308-390-315)) transmitted electronically using the XML Format prescribed by the filing office. The time of filing of a ((financing statement delivered by direct on-line access or by web page data entry)) UCC record delivered by this method is the time ((that)) the filing office's information management system ((analyzes the relevant transmission,)) determines that all the required elements of the transmission have been received in ((a)) the required format((, and acknowledges acceptance to that system)).

     (5) Direct web page data entry. UCC records may be delivered by on-line data entry using the filing office's web site on the internet. The file time for a UCC record delivered by this method is the time the entry of all required elements of the UCC record in the proper format is acknowledged by the on-line entry system.

     (6) Means of communication. Regardless of the method of delivery, information in UCC records communicated to the filing office must be machine-readable and only in the form of characters included in the American National Standards Institute (ANSI) character set 0-255. Handwriting is not an acceptable means of completing any UCC form.

     (7) Transmitting utility. The only means to indicate to the filing office that an initial financing statement is being filed against a debtor that is a transmitting utility, in order to affect the filing office's determination of lapse date, is to check the appropriate box on a UCC1 Addendum filed with the initial financing statement or by transmitting the information in the proper field in an electronic filing of the initial financing statement.

[Statutory Authority: RCW 62A.9A-526, chapters 60.11, 60.13, 60.68 RCW. 04-15-100, § 308-390-102, filed 7/19/04, effective 8/19/04. Statutory Authority: Chapters 62A.9, 60.11, 60.13, 60.68, and 62A.9A RCW. 01-10-056, § 308-390-102, filed 4/27/01, effective 7/1/01.]

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