(1) An application
for a license issued under this chapter shall be made to the
department on forms to be furnished by the department and shall
contain such information as the department deems necessary.
(2) Every application for a license must contain the
following information to the extent it applies to the applicant:
(a) Proof as the department may require concerning the
applicant's identity, including but not limited to his or her
fingerprints or those of the officers of a corporation making the
application;
(b) The applicant's form and place of organization including
proof that the individual, partnership, or corporation is
licensed to do business in this state;
(c) The qualification and business history of the applicant
and any partner, officer, or director;
(d) The applicant's financial condition or history including
a bank reference and whether the applicant or any partner,
officer, or director has ever been adjudged bankrupt or has an
unsatisfied judgment in a federal or state court;
(e) Whether the applicant has been adjudged guilty of a
crime that directly relates to the business for which the license
is sought and the time elapsed since the conviction is less than
ten years, or has suffered a judgment within the preceding five
years in a civil action involving fraud, misrepresentation, or
conversion and in the case of a corporation or partnership, all
directors, officers, or partners.
(3) An applicant for a license as a motor vehicle fuel
importer must list on the application each state, province, or
country from which the applicant intends to import motor vehicle
fuel and, if required by the state, province, or country listed,
must be licensed or registered for motor vehicle fuel tax
purposes in that state, province, or country.
(4) An applicant for a license as a motor vehicle fuel
exporter must list on the application each state, province, or
country to which the exporter intends to export motor vehicle
fuel received in this state by means of a transfer outside of the
bulk transfer-terminal system and, if required by the state,
province, or country listed, must be licensed or registered for
motor vehicle fuel tax purposes in that state, province, or
country.
(5) An applicant for a license as a motor vehicle fuel
supplier must have a federal certificate of registry that is
issued under the internal revenue code and authorizes the
applicant to enter into federal tax-free transactions on motor
vehicle fuel in the terminal transfer system.
(6) After receipt of an application for a license, the
director may conduct an investigation to determine whether the
facts set forth are true. The director shall require a
fingerprint record check of the applicant through the Washington
state patrol criminal identification system and the federal
bureau of investigation before issuance of a license. The
results of the background investigation including criminal
history information may be released to authorized department
personnel as the director deems necessary. The department shall
charge a license holder or license applicant a fee of fifty
dollars for each background investigation conducted.
An applicant who makes a false statement of a material fact
on the application may be prosecuted for false swearing as
defined by RCW 9A.72.040.
(7) Except as provided by subsection (8) of this section,
before granting any license issued under this chapter, the
department shall require applicant to file with the department,
in such form as shall be prescribed by the department, a
corporate surety bond duly executed by the applicant as
principal, payable to the state and conditioned for faithful
performance of all the requirements of this chapter, including
the payment of all taxes, penalties, and other obligations
arising out of this chapter. The total amount of the bond or
bonds shall be fixed by the department and may be increased or
reduced by the department at any time subject to the limitations
herein provided. In fixing the total amount of the bond or
bonds, the department shall require a bond or bonds equivalent in
total amount to twice the estimated monthly excise tax determined
in such manner as the department may deem proper. If at any time
the estimated excise tax to become due during the succeeding
month amounts to more than fifty percent of the established bond,
the department shall require additional bonds or securities to
maintain the marginal ratio herein specified or shall demand
excise tax payments to be made weekly or semimonthly to meet the
requirements hereof.
The total amount of the bond or bonds required of any
licensee shall never be less than five thousand dollars nor more
than one hundred thousand dollars.
No recoveries on any bond or the execution of any new bond
shall invalidate any bond and no revocation of any license shall
effect the validity of any bond but the total recoveries under
any one bond shall not exceed the amount of the bond.
In lieu of any such bond or bonds in total amount as herein
fixed, a licensee may deposit with the state treasurer, under
such terms and conditions as the department may prescribe, a like
amount of lawful money of the United States or bonds or other
obligations of the United States, the state, or any county of the
state, of an actual market value not less than the amount so
fixed by the department.
Any surety on a bond furnished by a licensee as provided
herein shall be released and discharged from any and all
liability to the state accruing on such bond after the expiration
of thirty days from the date upon which such surety has lodged
with the department a written request to be released and
discharged, but this provision shall not operate to relieve,
release, or discharge the surety from any liability already
accrued or which shall accrue before the expiration of the thirty
day period. The department shall promptly, upon receiving any
such request, notify the licensee who furnished the bond; and
unless the licensee, on or before the expiration of the thirty
day period, files a new bond, or makes a deposit in accordance
with the requirements of this section, the department shall
forthwith cancel the license. Whenever a new bond is furnished
by a licensee, the department shall cancel the old bond as soon
as the department and the attorney general are satisfied that all
liability under the old bond has been fully discharged.
The department may require a licensee to give a new or
additional surety bond or to deposit additional securities of the
character specified in this section if, in its opinion, the
security of the surety bond theretofore filed by such licensee,
or the market value of the properties deposited as security by
the licensee, shall become impaired or inadequate; and upon the
failure of the licensee to give such new or additional surety
bond or to deposit additional securities within thirty days after
being requested so to do by the department, the department shall
forthwith cancel his or her license.
(8) The department may waive the requirements of subsection
(7) of this section for licensed distributors if, upon
determination by the department, the licensed distributor has
sufficient resources, assets, other financial instruments, or
other means, to adequately make payments on the estimated monthly
motor vehicle fuel tax payments, penalties, and interest arising
out of this chapter. The department shall adopt rules to
administer this subsection. An application for an international
fuel tax agreement license must be made to the department. The
application must be filed upon a form prescribed by the
department and contain such information as the department may
require. The department shall charge a fee of ten dollars per
set of international fuel tax agreement decals issued to each
applicant or licensee. The department shall transmit the fee to
the state treasurer for deposit in the motor vehicle fund.
[2007 c 515 § 10; 2001 c 270 § 5; 1998 c 176 § 18; 1996 c 104 § 3; 1994 c 262 § 19; 1973 c 96 § 1; 1961 c 15 § 82.36.060. Prior: 1933 c 58 § 2; RRS § 8327-2.]
NOTES:
Severability -- Effective date -- 2007 c 515: See notes following RCW 82.36.010.