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Washington State Collection Agency Board: Regulatory Process Grace Hamilton, Investigator Department of Licensing – Collection Agency Board Complaint Process.

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Presentation on theme: "Washington State Collection Agency Board: Regulatory Process Grace Hamilton, Investigator Department of Licensing – Collection Agency Board Complaint Process."— Presentation transcript:

1 Washington State Collection Agency Board: Regulatory Process Grace Hamilton, Investigator Department of Licensing – Collection Agency Board Complaint Process 1

2 Collection Agency Regulatory History Advisory vs. Regulatory In 2007, the Collection Agency Licensing Board was changed to a regulatory board. In June of 2014, the Collection Agency Board became part of the Regulatory Board Section within the Department of Licensing. Department of Licensing – Collection Agency Board Complaint Process 2

3 Case Statistics 108 complaints were submitted and opened in 2015. 131 cases closed in 2015. 12 cases had a Board decision to charge. Department of Licensing – Collection Agency Board Complaint Process 3

4 Review Complaint Formal Charges Receive Complaint No Violation Determine How to Proceed Jurisdiction Charges No Informal Yes Formal Closure Informal Charges 4 Initial Complaint Processing

5 Department of Licensing – Collection Agency Board Complaint Process 5 Yes Wait to receive information back Referred to Case Manager Gather necessary information Referred to Investigations Investigation team reviews the case No More information needed? Investigation Process

6 Staff, AAG reviews charging Documents CM makes recommendation 6 Investigator carries out request Discuss sanctions with CM Investigator sends information to CM Send info to Legal to draft charging documents Case Manager Review Charging Docs Response Need more investigation No Yes Is there a Violation? Yes No Closure Serve respondent charging documents

7 No Schedule Settlement Conference Responds to charging documents 7 Respond to Charging Documents Request Settlement Conference Yes No Accept Agreed Order Settlement Conference No Request Hearing Yes Present Order to Board to vote on terms No Response to charging documents Hearing Case is monitored for compliance Closure

8 No Response to NOID Request Hearing Comply Yes No Hearing 8 Brief Adjudicative Process (BAP) informal charges Referred for BAP Send Notice of Intent to Discipline (NOID) letter to respondent Wait for response Closure Yes

9 Presiding Officer reviews the case Referred BAP Hearing 9 BAP Hearing Process Schedule Hearing date with Presiding Officer Presiding Officer drafts the Final Order Case is monitored for compliance Mail the Final Order to Respondent Send schedule letter with a deadline for additional information Closure

10 Comply No 10 No response to NOID Send a Default Order informing the Respondent that NOID is in affect Wait for response Closure Yes No Response to BAP NOID Formal Proceeding Convert to Formal Proceedings

11 Ways to avoid Board Attention Comply with the laws and rules. Document your business interactions: – Record phone calls. – Take good notes with your customers. – Have all letters reviewed by attorney for state and federal compliance. – Audit written compliance policy annually. – Test all collectors annually for knowledge of state and federal collection laws. If a complaint is filed against you, cooperate with Board investigators Department of Licensing – Collection Agency Board Complaint Process 11

12 Department of Licensing – Collection Agency Board Complaint Process 12 New License Applications

13 Business Licensing Changes Effective June 2016 Online application and renewals available Business Licensing Services Phone: 800-451-7985 Email: BLS@dor.wa.govBLS@dor.wa.gov Department of Licensing – Collection Agency Board Complaint Process 13

14 Department of Licensing – Collection Agency Board Complaint Process 14

15 Department of Licensing – Collection Agency Board Complaint Process 15 Questions? Contact us at… Grace Hamilton Program Investigator 360-664-6652 ghamilton@dol.wa.gov Troy Lincoln Licensing Specialist 360-664-1388 collect@dol.wa.gov Business Licensing Services 800-451-7985 BLS@dor.wa.gov


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