reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-49 - Prearrangement funeral services › Section 308-49-168 - Trust fund depository agreement requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Each prearrangement funeral trust shall
			 enter into an agreement with one or more depositories in which the
			 responsibilities of the depository are set forth. The agreement shall contain
			 language which:
(a) Sets forth the terms and
			 conditions under which deposits and withdrawals are made;
(b) States that instruments of deposit shall
			 be an insured account in a public depository or shall be invested in accordance
			 with the provisions of
			 RCW
			 11.100.020 and sets forth the conditions for
			 termination and transfer of the prearrangement trust fund depository
			 agreement.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-49 - Prearrangement funeral services › Section 308-49-175 - Trust fund deposit requirements

Current through Register Vol. 24-14, July 15, 2024
All payments received must be deposited directly into the
				appropriate trust fund and may not be offset by the amounts due from the trust
				prior to deposit. Such deposits must be made on or before the 20th day of the
				month following receipt of each payment due.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-49 - Prearrangement funeral services › Section 308-49-185 - Inability to provide method of disposition

Current through Register Vol. 24-14, July 15, 2024
If human remains do not meet the reduction facility criteria
				for the method of disposition specified on a prearrangement funeral service
				contract, an alternate method of disposition shall be determined by the
				person(s) having the right to direct disposition per
				RCW
				68.50.160.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-49 - Prearrangement funeral services › Section 308-49-190 - Changing funeral establishments

Current through Register Vol. 24-14, July 15, 2024
Authorizing agents or persons having the right to direct
				disposition may change funeral establishments without conflict to the "place
				and method of disposition," as defined in
				RCW
				68.50.160(1) and (2).
				Licensees must permit the release of human remains to another funeral
				establishment if requested by the authorizing agent or person(s) having the
				right to direct disposition, even when a prearrangement contract exists.
Prearrangement contract trust or insurance funds must be made
				available to the funeral establishment designated by the authorizing
				agent.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-49 - Prearrangement funeral services › Section 308-49-170 - Annual statement requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Each funeral establishment registered to
			 sell funeral pre-arrangement contracts must file a statement of its
			 transactions and affairs for the preceding fiscal year. The statement is due to
			 the board ninety days after the end of its fiscal year.
(2) The funeral establishment shall list any
			 changes in its officers, directors, managers or partners or any change in
			 ownership greater than ten percent which have occurred in the preceding fiscal
			 year.
(3) With respect to each
			 prearrangement funeral service contract trust fund, the following information
			 must be provided:
(a) The name of all trust
			 depositories and the account numbers;
(b)
Third-party verification of all prearrangement trust
				assets;
(c) The total amount
			 deposited in the trust account during the fiscal year;
(d) The number of new contracts and the
			 contract amount sold during the fiscal year;
(e) The total amount received for contracts
			 during the fiscal year;
(f) The
			 number of contracts withdrawn from trust and amounts withdrawn from the trust
			 due to contract cancellations and/or instances where the funeral merchandise
			 and services covered by prearrangement contracts have been furnished and
			 delivered. Withdrawals will include principal and earnings;
(g) The number of outstanding contracts as of
			 the end of the fiscal year and the amount being held in trust for such
			 contracts.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-49 - Prearrangement funeral services › Section 308-49-200 - Telephone solicitation

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The use of telephones for solicitation of prearrangements is prevalent. This
			 form of communication offers unique benefits, but entails special risks and
			 poses potential for abuse. The board finds that any impropriety in telephone
			 solicitation is a matter vitally affecting the public interest. For the general
			 welfare of the public and in order to protect the integrity of the funeral
			 industry, the use of telephones in solicitation of prearrangements must be
			 defined by the board.
(2)
			 Definitions:
(a) "Telephone solicitor" means
			 any person who engages in telephone solicitation on behalf of a holder of an
			 establishment license.
(b)
			 "Telephone solicitation" means an unsolicited telephone call to a person and
			 conversation for the purpose of inducing the person to make funeral
			 prearrangements made without previous invitation, expressed or implied, by the
			 person called.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-49 - Prearrangement funeral services › Section 308-49-210 - Examination expense from change of ownership or control

Current through Register Vol. 24-14, July 15, 2024
Examination expenses for a funeral prearrangement trust fund
				examination performed in conjunction with a transfer of ownership or control of
				a funeral establishment will be paid by the selling entity.
Statutory Authority:
				  RCW
				  18.39.175(4). 02-19-019,
				  § 308-49-210, filed 9/9/02, effective
				  10/10/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-50A - WAC CEMETERIES-ENDOWMENT CARE FUNDS › Section 308-50A-005 - Cemetery endowment care funds

Current through Register Vol. 24-14, July 15, 2024
Any cemetery authority not exempt under chapter 68.40 RCW shall
				establish, maintain, and operate an inviolable endowment care fund. Endowment
				care, special care, and other cemetery authorities' endowment care funds may be
				commingled for investment and the income therefrom shall be divided between the
				funds in the proportion that each contributed to the sum invested. The funds
				shall be held in the name of the trustees appointed by the cemetery authority
				with the words "endowment care fund" being a part of the
				name.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-50A - WAC CEMETERIES-ENDOWMENT CARE FUNDS › Section 308-50A-007 - Use and care of endowment care funds

Current through Register Vol. 24-14, July 15, 2024
Endowment care funds shall not be used for any purpose other
				than to provide, through income only, for the endowment care stipulated in the
				instrument by which the fund was established.
Endowment care funds shall be used solely for the general care,
				maintenance, and embellishment of the cemetery, and shall be applied in such
				manner as the cemetery authority may from time to time determine to be for the
				best interest of the cemetery.
Only income and not principle from the endowment care funds may
				be used for the above described cemetery care.
Endowment care funds shall be kept separate and distinct from
				all assets of the cemetery authority. Endowment care principal shall remain
				inviolable and may not be reduced in any way not found within chapter 11.100
				RCW.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-50A - WAC CEMETERIES-ENDOWMENT CARE FUNDS › Section 308-50A-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, the following terms will be
				construed as follows:
(1)
"Board"
means the funeral and cemetery board.
(2)
"Capital gains"
means an
			 increase in principal and is excluded from ordinary income and net ordinary
			 income.
(3)
"Cemetery
			 authority"
means an entity that has obtained a certificate of authority
			 to operate a cemetery from the funeral and cemetery board.
(4)
"Endowment care cemetery"
means a cemetery required to establish an endowment care fund in accordance
			 with chapter 68.40 RCW.
(5)
"Fiduciary responsibility"
means the trustee(s) will manage the
			 endowment care fund in accordance with
			 RCW
			 11.100.020.
(6)
"Gross sales price,"
in
			 determining "ten percent of the gross sales price" pursuant to
			 RCW
			 68.40.010, gross sales price shall not
			 include the endowment care fund portion. Endowment care shall be added to the
			 gross sales price and separately identified as endowment care on any contract.
For example:
Grave gross sales price - $100.00.
				Endowment care requirement - $10.00. Total contract price -$110.00.
(7)
"Income"
means
			 ordinary income, that is, interest, dividends, rents and other amounts received
			 by the fund as current returns on investments, but excludes realized or
			 unrealized capital gains or losses.
(8)
"Net ordinary income"
means
			 the ordinary income of the fund reduced by the expenses of operating the
			 fund.
(9)
"Trustee(s)"
means the bank, trust company or persons appointed by the cemetery authority or
			 association of lot owners to hold fiduciary responsibility in managing the
			 endowment care fund in accordance with chapter 68.44 RCW and subject to the
			 direction of the cemetery authority.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-50A - WAC CEMETERIES-ENDOWMENT CARE FUNDS › Section 308-50A-040 - Records of endowment care funds

Current through Register Vol. 24-14, July 15, 2024
Any cemetery authority maintaining an endowment care fund shall
				maintain a current accounting system in accordance with generally accepted
				accounting principles. The system shall track sales, receipts, and
				disbursements and include the following:
(1) An individual contract or agreement with
			 each individual purchasing a right of interment with reference
			 numbering.
(2) A record of:
(a) Payments received and the amount due or
			 paid to the endowment care fund;
(b) Reconciliation of payments to and from
			 the fund; and
(c) All supporting
			 bank and investment statements.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-50A - WAC CEMETERIES-ENDOWMENT CARE FUNDS › Section 308-50A-050 - Endowment care fund contribution for scattering, or additional rights of interment, entombment or inurnment

Current through Register Vol. 24-14, July 15, 2024
A cemetery authority not exempt per
				RCW
				68.05.400 must make a deposit to the
				endowment care fund, for scattering, or additional rights of interment,
				entombment or inurnment, as required in
				RCW
				68.40.010.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-50A - WAC CEMETERIES-ENDOWMENT CARE FUNDS › Section 308-50A-060 - Computing income from improved commercial or real estate

Current through Register Vol. 24-14, July 15, 2024
In determining the trust fund income for the purpose of
				RCW
				68.44.020 and
				68.44.170,
				an allowance for depreciation on the improved real estate will be used as a
				determining factor in computing fund income. The cemetery authority must
				document how depreciation is determined.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-50A - WAC CEMETERIES-ENDOWMENT CARE FUNDS › Section 308-50A-070 - Trust fund deposit requirements

Current through Register Vol. 24-14, July 15, 2024
All payments received must be deposited directly into the
				appropriate trust fund and may not be offset by amounts due from the trust
				prior to deposit. Such deposits must be made on or before the 20th day of the
				month following receipt of each payment due.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-50B - CEMETERIES-ENDOWMENT CARE TOTAL RETURN DISTRIBUTION › Section 308-50B-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, the following terms will be
				construed as follows:
(1) "Average
			 fair market value" means the average of the fair market values of assets held
			 by the endowment care fund on the first day of the current fiscal year and the
			 first day of each of the two preceding fiscal years, or the average of the fair
			 market value for the entire term of the fund if there are less than two
			 preceding years.
(2) "Board" means
			 the funeral and cemetery board.
(3)
			 "Cemetery authority" means an entity that has obtained a certificate of
			 authority to operate a cemetery from the funeral and cemetery board.
(4) "Endowment care cemetery" means a
			 cemetery required to establish an endowment care fund in accordance with
			 chapter 68.40 RCW.
(5)
			 "Extraordinary distributions" means distributions from the endowment care fund
			 pursuant to written consent of the board.
(6) "Fair market value" means the fair market
			 value of the assets held by the fund, reduced by all known noncontingent
			 liabilities.
(a) The fair market value of real
			 estate will be established by the county assessor's valuation on the first day
			 of the current fiscal year.
(b) The
			 fair market value of fractional ownership interests in real estate will be
			 determined by generally accepted valuation methods.
(c) The fair market value of the endowment
			 care fund assets that are not publicly traded on a stock or other regulated
			 securities exchange shall be determined by written valuation certified by a
			 qualified independent public appraiser or qualified independent certified
			 public accountant not affiliated with the cemetery authority or its principals
			 within twelve months of the first day of the fiscal year. If the valuation is
			 not provided, the asset(s) will be assigned a zero value for the purpose of
			 determining fair market value.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-50B - CEMETERIES-ENDOWMENT CARE TOTAL RETURN DISTRIBUTION › Section 308-50B-020 - Application for total return distribution

Current through Register Vol. 24-14, July 15, 2024
(1) An application for implementation of the
			 total return distribution method shall be submitted at least sixty days prior
			 to the effective date of the election to use total return. The cemetery
			 authority shall provide the board with the following:
(a) A written investment and distribution
			 policy in which future distributions from the endowment care fund will be total
			 return distribution amounts rather than net ordinary income distribution
			 amounts. The investment goals shall be to achieve principal growth through
			 investments including, but not limited to, equity investments, as well as
			 achieve current income through investments including, but not limited to,
			 income investments.
(b) An amended
			 endowment care trust agreement to clearly show intent to use the total return
			 distribution method.
(c) A written
			 document establishing the average fair market value signed by the cemetery
			 authority and/or trustee(s), and supporting documents.
(d) Completed application form indicating the
			 total return percentage and signed by the cemetery authority.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-50B - CEMETERIES-ENDOWMENT CARE TOTAL RETURN DISTRIBUTION › Section 308-50B-030 - Calculation of the average fair market value

Current through Register Vol. 24-14, July 15, 2024
The cemetery authority or trustee shall calculate the average
				fair market value of the fund at the beginning of each fiscal year. Appraisal
				methods and/or sources utilized to determine fair market value to establish the
				initial value must remain the same in each reporting year.
(1) When calculating the average fair market
			 value, if assets have been added to the fund during the years used to determine
			 the average, the amount of each addition is added to all years in which such
			 addition was not included. If extraordinary distributions were taken during any
			 of the years used to determine the average, the amount of each distribution is
			 subtracted from all years in which the distribution was not included.
(2) The cemetery authority or trustee shall
			 exclude from the fair market value calculations any asset for which the fair
			 market value cannot be established.
(3) The cemetery authority or trustee shall
			 use the fair market value to calculate the average fair market value.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-50B - CEMETERIES-ENDOWMENT CARE TOTAL RETURN DISTRIBUTION › Section 308-50B-040 - Limitation of total return distribution

Current through Register Vol. 24-14, July 15, 2024
(1) The board may take corrective measures
			 including reducing the total return percentage under one or more of the
			 following circumstances:
(a) If the average
			 fair market value of the endowment care fund declines by ten percent or more
			 over a two-year period;
(b) The
			 fair market value of the fund at the beginning of a fiscal year is less than
			 eighty percent of the fair market value of the fund the first day of the fiscal
			 year when the endowment care fund started making distributions based on the
			 total return distribution method; or
(c) There is an uncorrected endowment care
			 deficiency as determined by the board's audit of the endowment care
			 funds.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-50B - CEMETERIES-ENDOWMENT CARE TOTAL RETURN DISTRIBUTION › Section 308-50B-050 - Fees and taxes

Current through Register Vol. 24-14, July 15, 2024
(1) In the
			 event that the fees paid by the endowment care fund exceed one percent of the
			 average fair market value, the amount in excess of one percent shall be paid
			 from the distribution.
(2) Taxes
			 may be paid from the corpus.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-50B - CEMETERIES-ENDOWMENT CARE TOTAL RETURN DISTRIBUTION › Section 308-50B-060 - Annual reporting requirements for total return distribution method

Current through Register Vol. 24-14, July 15, 2024
The cemetery authority will provide the board with a report
				that includes the average fair market value used to determine distribution for
				the following year and maintain a record of the fair market value each year
				while using the total return distribution method.
As part of the cemetery endowment care annual report required
				by
				RCW
				68.05.180 and
				68.05.235,
				cemetery authorities approved to use the total return distribution method must
				file an addendum to the annual report which details the following:
(1) The asset allocation;
(2) The annual distribution to the cemetery
			 authority;
(3) Any changes to the
			 investment and distribution policy;
(4) Calculation of the average fair market
			 value to determine the current year's distribution and supporting documents;
			 and
(5) Any other information the
			 board deems pertinent.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-005 - Cemetery prearrangement trust funds

Current through Register Vol. 24-14, July 15, 2024
Any cemetery authority selling by prearrangement contracts any
				merchandise or services shall establish and maintain one or more prearrangement
				trust funds for the benefit of beneficiaries of prearrangement
				contracts.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
All definitions of chapter 68.46 RCW apply to this chapter. In
				addition, the following definition applies:
"Direct cost" for the purpose of chapter 68.46 RCW, direct cost
				includes actual labor cost and other costs associated with delivery of the
				service. For example: Direct cost of providing an opening and closing may
				include labor, materials, fuel, equipment maintenance, and a share of overhead
				including benefits and insurance.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-020 - Itemization of charges

Current through Register Vol. 24-14, July 15, 2024
In addition to all other requirements of the law relating to
				consumer contracts, cemetery prearrangement contracts must have:
(1) A specific itemization of charges and
			 descriptions for each merchandise or service to be furnished or
			 delivered.
(2) An itemization of
			 services to be performed on delivered merchandise such as marker installation
			 and care.
(3) An itemization of
			 charges and descriptions for each grave niche or crypt sold with endowment care
			 listed separately.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-025 - Trust fund deposit requirements

Current through Register Vol. 24-14, July 15, 2024
All payments received must be deposited directly into the
				appropriate trust fund and may not be offset by amounts due from the trust
				prior to deposit. Such deposits must be made on or before the 20th day of the
				month following receipt of each payment due.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-030 - Form of delivery

Current through Register Vol. 24-14, July 15, 2024
All cemetery prearrangement contracts must state on the
				contract what form or forms of delivery of merchandise will constitute
				"delivery" to satisfy the requirements of
				RCW
				68.46.050.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-040 - Performance of services

Current through Register Vol. 24-14, July 15, 2024
Prearrangement services, including shipment and installation of
				cemetery prearrangement merchandise, shall not be deemed to have been furnished
				within the meaning of
				RCW
				68.46.050(1) until
				performance of such services has actually occurred.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-050 - Determination of delivery

Current through Register Vol. 24-14, July 15, 2024
Cemetery prearrangement merchandise and services will be
				delivered within the meaning of
				RCW
				68.46.050(1) when:
(1) Actual delivery of the merchandise is
			 made to the contract beneficiary;
(2) Delivery of the merchandise is made to
			 the cemetery authority for the contract beneficiary and the merchandise is
			 permanently affixed to real property, columbarium or mausoleum; or
(3) Delivery of the merchandise to the
			 cemetery authority for the contract beneficiary with the storage provided by
			 the cemetery authority, provided:
(a) That
			 fifty percent of the service charge of the installation and other services to
			 be performed upon the merchandise is maintained in the prearrangement trust
			 fund; and
(b) An insurance
			 provision is maintained when merchandise is stored in a building or on cemetery
			 grounds.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-060 - Suppliers

Current through Register Vol. 24-14, July 15, 2024
No person, firm or corporation will be deemed a supplier for
				purposes of this chapter, unless it:
(1) Permanently and unalterably identifies
			 all merchandise with the name of the contract beneficiary;
(2) Submits, upon request of the board, a
			 report of all merchandise which has been purchased through a Washington
			 cemetery authority and has been placed in storage;
(3) Permits the board or its designee, at any
			 time, to examine stored merchandise which was purchased through a Washington
			 cemetery authority and to examine any document pertaining thereto;
(4) Submits evidence of a bond ensuring the
			 existing and good title of any merchandise due any contract beneficiary
			 purchased through a Washington cemetery authority; and
(5) Submits evidence ensuring that all
			 merchandise purchased through a Washington cemetery authority and being stored
			 by the supplier is insured for casualty, theft or other loss.
Subsection (1) of this section will not apply to merchandise
				that is manufactured and stored without being permanently labeled or engraved
				with the beneficiaries' name. Suppliers must maintain an inventory equal to the
				amount sold.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-070 - Securities for loans

Current through Register Vol. 24-14, July 15, 2024
In any instance where a prearrangement contract containing
				undelivered merchandise or services is sold, pledged, or otherwise encumbered
				as security for a loan by cemetery authority, the cemetery authority shall pay
				into the prearrangement trust fund fifty percent of the total sale price of the
				prearrangement contract within twenty days of receipt of payment of the
				proceeds from the sale or loan.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-080 - Development plan for unconstructed, undeveloped property

Current through Register Vol. 24-14, July 15, 2024
(1) Any cemetery authority selling
			 undeveloped graves, unconstructed crypts or niches in accordance with chapter
			 68.46 RCW must make available to the purchaser a statement of the estimated
			 completion date of the development or construction at the time the
			 prearrangement contract is signed.
(2) The estimated completion date must also:
(a) Be submitted to the cemetery board
			 annually with the financial reports required by
			 RCW
			 68.46.090.
(b) Be made available to holders of
			 prearrangement contracts affected by the development or construction in the
			 offices of the cemetery authority.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-090 - Records of cemetery prearrangement trust funds

Current through Register Vol. 24-14, July 15, 2024
Any cemetery authority maintaining a pre-arrangement trust fund
				shall maintain a current accounting system in accordance with generally
				accepted accounting principles. The system shall track sales, receipts and
				disbursements, and include the following:
(1) An individual contract or agreement with
			 each individual establishing a prearrangement trust agreement.
(2) A record of payments received and the
			 amount due or paid to the prearrangement trust fund.
(3) Reconciliation of payments to and from
			 the fund.
(4) All supporting bank
			 and investment statements.
(5)
			 Documentation to verify all other assets of the prearrangement trust.
(6) All records required to be maintained
			 pursuant to this rule and Title 68 RCW, whether maintained manually or by
			 computer, shall:
(a) Be retained and available
			 for inspection for a period of seven years.
(b) Be understandable to the cemetery board
			 examiner or other persons reasonably having cause to access them.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-100 - Qualifications of applicant for cemetery prearrangement sales license

Current through Register Vol. 24-14, July 15, 2024
To qualify as an applicant for a prearrangement sales license
				as set forth in
				RCW
				68.05.155 and 68.46.150, applicant must hold
				a valid and unsuspended certificate of authority to operate a cemetery issued
				by the state funeral and cemetery board.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-200 - Telephone solicitation

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The use of telephones for solicitation of prearrangements is prevalent. This
			 form of communication offers unique benefits, but entails special risk and
			 poses potential for abuse. The board finds that any impropriety in telephone
			 solicitation is a matter vitally affecting the public interest. For the general
			 welfare of the public and in order to protect the integrity of the cemetery
			 industry, the use of telephones in solicitation of prearrangements must be
			 defined by the board.
(2)
			 Definitions:
(a) "Telephone solicitation"
			 means an unsolicited telephone call to a person and conversation for the
			 purpose of inducing the person to make cemetery prearrangements made without
			 previous invitation, expressed or implied, by the person called.
(b) "Telephone solicitor" means any person
			 who engages in telephone solicitation on behalf of a holder of a certificate of
			 authority to operate.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-250 - Hybrid unit

Current through Register Vol. 24-14, July 15, 2024
A hybrid unit shall mean any combination "casket-vault" that is
				designed, intended, or represented to function as a substitute for a casket
				and/or a vault, or intended to serve the same purpose as a casket or a vault or
				in lieu thereof.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-51B - CEMETERIES PREARRANGEMENT CONTRACTS › Section 308-51B-260 - Hybrid unit-Disclosure of support or service items

Current through Register Vol. 24-14, July 15, 2024
Hybrid units specified as cemetery merchandise or services in
				cemetery prearrangement contracts must be itemized, and must disclose and
				describe all items of support or services which are required or may be required
				for the future or intended use of hybrid units. "Support or service" as used
				herein means any function, activity, or object, and their availability,
				required or that may be required to meet a buyer's expectations for necessary
				cemetery merchandise or services and/or funeral merchandise or services.
				Whether items of support or services are included in the immediate purchase
				price or are reserved for future sale at the time of need, must be clearly set
				forth in the cemetery pre-arrangement contract, and in all advertising or
				representations pertaining to preneed or prearrangement contract sales of
				hybrid units.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-52A - ABANDONED CEMETERIES › Section 308-52A-030 - Allowing burials in an abandoned cemetery

Current through Register Vol. 24-14, July 15, 2024
The definitions found in chapters 68.04 and 68.60 RCW apply to
				this section.
(1) Human remains or
			 reduced human remains may be buried in an abandoned cemetery under the
			 following conditions:
(a) Ownership of the
			 plot, right of interment or vested right of placement can be clearly
			 established pursuant to chapter 68.32 RCW;
(b) The person(s) having the right to control
			 disposition per
			 RCW
			 68.50.160 has documentation issued by the
			 cemetery authority prior to the date of abandonment establishing ownership of
			 the plot, right of interment or vested right of placement for the human remains
			 to be buried; or
(c) When a court
			 of competent jurisdiction finds that there is sufficient evidence of ownership,
			 right of interment or vested right of placement and issues a court
			 order.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-56A - Certificates of title-Motor vehicles, etc › Section 308-56A-006 - Quick titles-Issuance by subagents

Current through Register Vol. 24-14, July 15, 2024
(1)
How may a subagent qualify to issue
			 quick titles under
			 RCW
			 46.12.555 ?
Subagents may issue quick
			 titles under the conditions and procedures established by the
			 department.
(2)
May a
			 subagent's authority to issue quick titles be terminated or suspended?
Yes, if the department or a vehicle licensing agent finds that a subagent has
			 violated or no longer meets the qualifications or requirements of the
			 department's policy or procedures regarding the issuance of quick titles the
			 vehicle licensing agent may terminate or suspend for any period of time the
			 subagent's authority to issue quick titles.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-56A - Certificates of title-Motor vehicles, etc › Section 308-56A-010 - Title purpose only and no title issued

Current through Register Vol. 24-14, July 15, 2024
(1)
May I obtain a certificate of
			 ownership for my vehicle even if I do not want or need to register it?
You may obtain a certificate of ownership for your vehicle without a
			 certificate of registration for:
(a) Vehicles
			 defined in
			 chapter
			 46.04 RCW and which are
			 normally registered under chapter 46.16 RCW but will not be operated on the
			 public highways;
(b) Farm tractors
			 or farm equipment as defined in
			 RCW
			 46.04.180 and
			 46.04.181;
(c) Off-road vehicles (ORV) as defined in RCW
			 46.09.020 whether or not required to obtain an ORV use permit;
(d) Golf carts;
(e) Dune buggies whether or not equipped for
			 legal highway use;
(f) Off highway
			 equipment that may be moved upon public highways under authority of special
			 permits.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-56A - Certificates of title-Motor vehicles, etc › Section 308-56A-020 - Application for certificate of ownership required

Current through Register Vol. 24-14, July 15, 2024
When is an application for certificate of ownership
				required?
In addition to the requirements set forth in
				chapter
				46.12 and 46.16 RCW an
				application for certificate of ownership is required when:
(1) There is a change of vehicle ownership on
			 a Washington certificate of ownership due to:
(a) Sale;
(b) Gift-donation;
(c) Inheritance;
(d) Trade;
(e) Addition or deletion of a registered
			 owner;
(f) Proprietorship,
			 partnership or individuals forming a corporation, whether or not the business
			 name is changing;
(g)
			 Proprietorship, partnership or individuals purchasing a corporation which will
			 no longer be operated as a corporation, whether or not the business name is
			 changed;
(h) Court order;
(i) Transferring vehicle to or from a
			 trust;
(j) Repossession;
			 or
(k) Adding/removing a lease on a
			 vehicle.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-56A - Certificates of title-Motor vehicles, etc › Section 308-56A-021 - Assessment criteria for penalty fee

Current through Register Vol. 24-14, July 15, 2024
(1)
What is the penalty fee?
When a used Washington registered vehicle is sold, the purchaser has fifteen
			 days from the date of delivery of the vehicle to transfer the vehicle ownership
			 into their name. If they wait until the 16th day or later from the date of
			 delivery, a penalty fee may be assessed as described in RCW 46.16.101(6) unless
			 the purchaser qualifies for exemption from penalty as set forth in subsection
			 (2) of this section.
(2)
Are
			 there exceptions to when a penalty fee may be assessed when applying for
			 certificate of ownership on the 16th day from the date of sale or later as
			 described in RCW 46.12.101(6) ?
Yes, if:
(a) The vehicle was delivered to the
			 purchaser after the date of sale indicated on the supporting documents;
			 or
(b) There are conflicting dates
			 on supporting documents; or
(c)
			 There is no date on the certificate of ownership or other supporting documents;
			 or
(d) The date on the certificate
			 of ownership has been altered; or
(e) The purchaser is incarcerated or
			 sequestered by a judiciary system; or
(f) The purchaser files a seller's report of
			 sale thinking they have filed an application to transfer certificate of
			 ownership; or
(g) The purchaser of
			 a vehicle sells it before transferring ownership into their name and the new
			 purchaser can prove they purchased the vehicle within fifteen days of making
			 application; or
(h) The director,
			 or their designee, determines other reasons are valid; or
(i) The delay in making application is due to
			 the department requesting additional supporting documents; or
(j) Extended hospitalization or illness of
			 the purchaser; or
(k) Failure of
			 the legal owner to release his or her interest in the vehicle; or
(l) Failure due to an action of the
			 department, auditor or subagent.
Note:
When an exception to the penalty fee requirement is
							 made, an affidavit attesting to the actual date of delivery and the reason or
							 reasons for exception to the penalty is required.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-56A - Certificates of title-Motor vehicles, etc › Section 308-56A-024 - Stolen vehicle check required for certificate of ownership

Current through Register Vol. 24-14, July 15, 2024
(1)
Is a
			 stolen vehicle check required whenever application is made for certificate of
			 ownership?
Yes. A Washington Crime Information Center/National Crime
			 Information Center (WACIC/NCIC) stolen vehicle search will be performed on all
			 vehicle title transactions.
(2)
What is a WACIC/NCIC stolen vehicle
			 search?
A WACIC/NCIC stolen vehicle search is defined to include any
			 nationally recognized source of stolen vehicle data obtained from the NCIC,
			 including the National Insurance Crime Bureau (NICB).
(3)
Who is authorized to receive and
			 process stolen vehicle search inquiries?
The department and vehicle
			 licensing offices are authorized to receive and process stolen vehicle search
			 information. In addition to WACIC/NCIC, stolen vehicle searches may also be
			 processed through any nationally recognized source of stolen vehicle data
			 obtained from the NCIC, including the National Insurance Crime Bureau
			 (NICB).
(4)
What happens if
			 the stolen vehicle search indicates the vehicle has been reported stolen?
If the information obtained indicates the vehicle has been reported and
			 confirmed stolen, the law enforcement agency with jurisdiction in the
			 geographic location of the attempted licensing transaction will immediately be
			 notified. A title will not be issued until the matter is resolved. If the
			 department checks with the reporting law enforcement agency or jurisdiction and
			 the reporting agency indicates that the vehicle's stolen status has been
			 resolved, a certificate of ownership will be issued if the department is
			 satisfied that all other requirements have been met.
(5)
What happens if the stolen vehicle
			 search indicates that the vehicle has not been reported stolen?
If the
			 stolen vehicle check is negative, a certificate of ownership will be issued if
			 the department is satisfied that all other requirements have been
			 met.
Statutory Authority:
				  RCW
				  46.01.110. 04-24-022, § 308-56A-024,
				  filed 11/23/04, effective 1/3/05.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-56A - Certificates of title-Motor vehicles, etc › Section 308-56A-030 - Owner name and address - Recorded on the vehicle record - Application for certificate of ownership

Current through Register Vol. 24-14, July 15, 2024
(1)
What registered owner and lien holder or secured party information is
			 required on the vehicle record and application for certificate of ownership
			 (title)?
The vehicle record and application for certificate of ownership
				(title) must include:
(a) The name of
			 each registered owner (natural person or business) of the vehicle and, if the
			 vehicle is subject to a lien or other security interest, the name of each
			 secured party;
(b) The registered
			 owner's primary residence street address (at the choice of the registered
			 owner, a mailing address if different from the residence address can also be
			 given); and
(c) The primary secured
			 party's mailing address.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-56A - Certificates of title-Motor vehicles, etc › Section 308-56A-040 - Name and address - Change of address

Current through Register Vol. 24-14, July 15, 2024
(1)
If the registered owner's address
			 changes, does the owner need to notify the department?
Yes.
(2)
What
			 information do registered owners need to provide to the department if their
			 address changes?
The owner must provide to the department:
(a) The registered owner's name (natural
			 person or business) as it appears on the vehicle record(s);
(b) The license plate number or vehicle
			 identification number (VIN) of each vehicle; and
(c) The street address for the primary
			 residence and a separate mailing address if different from the primary
			 residence address as defined in WAC
			 308-56A-030(2).
			 The address must include a five digit zip code or the nine digit zip code if
			 known.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-56A - Certificates of title-Motor vehicles, etc › Section 308-56A-056 - Names separated by the words "and," "or," or the slash symbol "/."

Current through Register Vol. 24-14, July 15, 2024
(1)
Does the
			 department use the words "and," "or," or the slash symbol "/" when recording
			 multiple interests on a certificate of ownership?
No, the department has
			 not used these designations since 1974 when recording ownership interest. For
			 certificates of ownership that have been issued using one of these
			 designations:
(a) Any registered owners so
			 shown are considered to have equal registered owner interest in the
			 vehicle;
(b) Any lien holder so
			 shown is considered to have equal security interest in the vehicle.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-56A - Certificates of title-Motor vehicles, etc › Section 308-56A-060 - Ownership in joint tenancy

Current through Register Vol. 24-14, July 15, 2024
(1)
What does joint tenancy with rights of survivorship mean when noted on a
			 certificate of ownership?
If owners own a vehicle in joint tenancy with
			 rights of survivorship and one of the named parties dies, ownership vests in
			 the surviving joint owner(s). The department will issue a certificate of
			 ownership in the name of the surviving joint owner(s) upon application
			 supported by a copy of the death certificate.
(2)
How is joint tenancy with rights of
			 survivorship shown on the application for certificate of ownership?
The
			 application for certificate of ownership must show the name of every owner and
			 include the phrase "Joint tenants with rights of survivorship" spelled
			 out.
(3)
How is joint tenancy
			 with rights of survivorship shown on the certificate of ownership?
The
			 certificate of ownership will be printed showing the abbreviation "JTWROS" in
			 the brands/comments section.
Statutory Authority:
				  RCW
				  46.01.110. 03-05-081, § 308-56A-060,
				  filed 2/19/03, effective 3/22/03; 99-08-064, § 308-56A-060, filed 4/5/99,
				  effective 5/6/99; Order MV 208, § 308-56A-060, filed
				  7/31/74.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-56A - Certificates of title-Motor vehicles, etc › Section 308-56A-065 - Vehicles held in trust

Current through Register Vol. 24-14, July 15, 2024
(1)
How is a trust shown on a certificate of ownership?
A certificate
			 of ownership may show the name of the trustee(s) or trust in one of the
			 following manners:
(a) The trustee(s) name(s)
			 only followed by the designation
trustee, i.e., John Doe, trustee;
or
(b) The
trustee(s)
			 name(s)
followed by the designation trustee and the name of the trust,
			 i.e., John Doe, trustee John Doe Family Trust; or
(c) The name of the trust only, i.e., John
			 Doe Family Trust.
Note:
If necessary, the name of the trust will be
							 abbreviated to meet the department's system limitations.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-56A - Certificates of title-Motor vehicles, etc › Section 308-56A-070 - Leased vehicles

Current through Register Vol. 24-14, July 15, 2024
(1)
How
			 are the lessee and lessor designated on Washington certificates of
			 ownership?
(a) The certificate of
			 ownership will show the name of the lessee as registered owner, followed by
			 LSE. The name of the lessor will be shown as the secured party or legal owner,
			 followed by LSR.
(b) If the vehicle
			 is subject to a security agreement the certificate of ownership will show the
			 lessor's name immediately below the lessee's name as a subsequent registered
			 owner followed by LSR. The address shown will be the lessee's. The secured
			 party's name and address will be shown as the legal owner.
(c) Dealers and persons engaged in the
			 business of vehicle leasing may simply be shown as sole registered owner if a
			 copy of the lease or rental agreement is attached to the application. This does
			 not apply if the lease contains an option to purchase or if it is for more than
			 one year.