WAC 208-544-039
Charges and fees effective October 6,
2008. (1) Effective October 6, 2008, the rate of charges and
fees under WAC 208-512-045, 208-544-020 and 208-544-030 shall
be as follows:
(a) WAC 208-512-045 (1)(c) and (d) - The fee shall be
$100.00 for the issuance and filing of certificates.
(b) WAC 208-512-045 (1)(e) - The fee shall be 50 cents
per page.
(c) WAC 208-512-045(2) - The fee shall be $111.64 per
employee hour expended.
(d) WAC 208-544-020(1) - The rates shall be the
following:
| If total assets are: |
The assessment is: |
| Over |
But not
Over |
|
This
Amount |
Plus |
Of Excess
Over |
| Million |
Million |
|
|
|
Million |
| 0 |
500 |
0 |
|
0.000017464 |
0 |
| 500 |
1,000 |
8,373 |
|
0.000016746 |
500 |
| 1,000 |
10,000 |
17,105 |
|
0.000016495 |
1,000 |
| 10,000 |
—— |
165,562 |
|
.000 |
10,000 |
(e) WAC 208-544-020(2) - The rate shall be 0.04005.
(f) WAC 208-544-030(1) - The fee shall be $80.60 per
hour.
(g) WAC 208-544-030(2) - The fee shall be $111.64 per
hour.
(2) The director may waive any or all of the charges
and/or fees imposed under this section, in whole or in part,
when he or she determines that both of the following factors
are present:
(a) The banking program fund exceeds the projected
acceptable minimum fund balance level approved by the office
of financial management (OFM); and
(b) That such course of action would be fiscally prudent.
(3)(a) If the charges and fees assessed under WAC 208-544-020(1) relating to a semiannual asset charge and WAC 208-544-030(1) relating to the hourly examination fee exceed
ninety-five percent of the charges and fees applicable for a
two-year period of the comparable federal chartering regulator
(CFCR) or its successor then the charges and fees paid in
excess of such amount shall be rebated to the institution
pursuant to (d) of this subsection unless abated by the
director as provided in (e) of this subsection.
(b) For purposes of determining rebate entitlement, the
total of semiannual asset charges and examination fees will be
determined by adding the monthly average semiannual asset
charge and the monthly average examination fee for any
twenty-four month period beginning on or after July 1, 2000. The monthly average semiannual asset charge is determined by
dividing the semiannual asset charges by six and applying the
monthly average to the previous six months. The monthly
average examination fee is determined by dividing the
examination fee for each examination during the averaging
period by the number of months between each such examination
and the previous examination as determined by the date of the
examinations and applying the monthly average to those months.
The CFCR charge is determined in the same manner. Under no
circumstances will an institution be permitted to calculate a
rebate based on a period of time that was included, in whole
or in part, in the calculation of another rebate under this
section.
(c) The rebate is determined by the difference between
the sum of the applicable monthly average state charges and
fees for the twenty-four month period minus ninety-five
percent of the sum of the applicable monthly average CFCR
charges and fees for the same period, as each are determined
in (b) of this subsection.
(d) Entitlement of the rebate will occur only upon
petition and satisfactory proof to the director.
(e) Rebate abatement. At the discretion of the director,
all or part of the rebate determined under (d) of this
subsection may be denied if the director determines that:
(i) The institution required a substantially greater than
average amount of supervisory time for reasons other than as a
result of economic, legal, regulatory, or other conditions
beyond the control of competent management;
(ii) The institution required a substantially greater
than average amount of examination time for an institution of
its size for reasons other than as a result of economic,
legal, regulatory, or other conditions beyond the control of
competent management;
(iii) Examinations or investigations were performed by
third parties under personal services contracts;
(iv) The banking program fund does not exceed the
projected acceptable minimum fund balance level approved by
OFM or is insufficient to satisfy the rebates under this
subsection and still maintain the operations of the department
at a fiscally prudent level;
(v) The institution maintained a composite uniform
financial institution rating (CAMELS) of 3, 4 or 5 during any
time during the rebate period; or
(vi) Such other factors as the director may deem
equitable or relevant.
(f) Institutions may become eligible to receive a rebate
after June 30, 2002, for amounts paid on or after July 1,
2000.
[Statutory Authority: 2008 c 285, RCW 30.04.030, [30.04.]070,43.320.040
. 08-18-079, § 208-544-039, filed 9/3/08, effective
10/6/08. Statutory Authority: RCW 30.04.030, 33.04.025,
43.320.040. 01-12-003 and 01-20-086, § 208-544-039, filed
5/23/01 and 10/2/01, effective 7/1/01 and 11/2/01. Statutory
Authority: RCW 30.04.030 and 43.320.040. 01-06-024, §
208-544-039, filed 2/27/01, effective 3/30/01; 00-17-141,
recodified as § 208-544-039, filed 8/22/00, effective 9/22/00.
Statutory Authority: RCW 30.04.030, 30.04.070, 30.08.095,
33.04.025 and 43.320.040. 99-10-024, § 50-44-039, filed
4/28/99, effective 6/25/99.]