reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-06 - Public records › Section 44-06-030 - Function-Organization-Administrative offices-General inquiries to the office

Current through Register Vol. 24-14, July 15, 2024
(1)
Function, organization and administrative
				offices
.
The office is charged by the constitution and statutes with the
				general obligation of advising and legally representing the state of
				Washington, its officials, departments, boards, commissions and agencies but
				not the local units of government. In response to requests from state officers,
				legislators and prosecuting attorneys, the office issues attorney general
				opinions. More information about the office's roles is available on the office
				website at www.atg.wa.gov.
The office is organized into several divisions that provide
				legal advice to state agencies. Offices are located in cities across the state.
				The main office is in Olympia. The mailing address and phone number of the
				Olympia main office is:
Office of the Attorney General
1125 Washington Street S.E.
P.O. Box 40100
Olympia, WA 98504-0100
Phone: 360-753-6200
An online form for contacting the main office is also available
				on the office website. More information about the Olympia main office, and
				offices outside the Olympia main office is on the office website.
(2)
General inquiries and correspondence unrelated to a
				Public Records Act request to the office.
Inquiries and correspondence
				concerning a matter unrelated to a Public Records Act request to the office and
				where a specific assistant attorney general is identified as representing a
				specific agency should be directed to thatassistant attorney general, if known;
				or the appropriate division of the office, if known (example: Washington State
				University division).
Other inquiries and correspondence concerning a matter
				unrelated to a Public Records Act request to the office, including where the
				relevant attorney, division or regional office is not known, should be sent or
				directed to the Olympia main office.
Statutory Authority:
				  RCW   43.10.110, chapters 42.17 and
				  34.05 RCW. 98-01-013, §
										44-06-030, filed 12/5/97, effective 1/5/98. Statutory Authority:
				  RCW   43.10.110, chapters 42.17, 19.118 and
				  34.05 RCW. 94-13-039, §
										44-06-030, filed 6/6/94, effective 7/7/94. Statutory Authority: RCW   42.17.250 through 42.17.320. 84-10-031 (Order 103), §
										44-06-030, filed 4/30/84;
				  Order 102, §
										44-06-030, filed
				  2/20/74.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-06 - Public records › Section 44-06-040 - Public records available

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW   43.10.110, chapters 42.17 and
				  34.05 RCW. 98-01-013, §
										44-06-040, filed 12/5/97, effective 1/5/98. Statutory Authority:
				  RCW   43.10.110, chapters 42.17, 19.118 and
				  34.05 RCW. 94-13-039, §
										44-06-040, filed 6/6/94, effective 7/7/94; Order 102, §
										44-06-040, filed
				  2/20/74.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-06 - Public records › Section 44-06-050 - Index

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW   43.10.110, chapters 42.17 and
				  34.05 RCW. 98-01-013, §
										44-06-050, filed 12/5/97, effective 1/5/98. Statutory Authority:
				  RCW   43.10.110, chapters 42.17, 19.118 and
				  34.05 RCW. 94-13-039, §
										44-06-050, filed 6/6/94, effective 7/7/94. Statutory Authority: RCW   42.17.250 through 42.17.320. 84-10-031 (Order 103), §
										44-06-050, filed 4/30/84;
				  Order 102, §
										44-06-050, filed
				  2/20/74.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-06 - Public records › Section 44-06-060 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW   43.10.110, chapters 42.17 and
				  34.05 RCW. 98-01-013, §
										44-06-060, filed 12/5/97, effective 1/5/98. Statutory Authority:
				  RCW   43.10.110, chapters 42.17, 19.118 and
				  34.05 RCW. 94-13-039, §
										44-06-060, filed 6/6/94, effective 7/7/94. Statutory Authority: RCW   42.17.250 through 42.17.320. 84-10-031 (Order 103), §
										44-06-060, filed 4/30/84;
				  Order 102, §
										44-06-060, filed
				  2/20/74.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-06 - Public records › Section 44-06-070 - Hours for inspection and copying

Current through Register Vol. 24-14, July 15, 2024
Public records shall be available for inspection and copying
				from 9:00 a.m. to noon and from 1:00 p.m. to 4:30 p.m., Monday through Friday,
				excluding legal holidays.
Statutory Authority:
				  RCW   43.10.110, chapters 42.17, 19.118 and
				  34.05 RCW. 94-13-039, §
										44-06-070, filed 6/6/94, effective 7/7/94; Order 102, §
										44-06-070, filed
				  2/20/74.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-06 - Public records › Section 44-06-085 - Response to Public Records Act requests

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
The office shall respond promptly to requests for records
			 made under chapter 42.56 RCW, the Public Records Act. Within five business days
			 of receiving a Public Records
Act request at the main Olympia office, the office will assign
				the request a tracking number and log it in. The public records officer or
				designee will evaluate the request according to the nature of the request,
				clarity, volume, and availability of requested records.
(2)
Response.
Following the
			 initial evaluation of the request, and within five business days of receipt of
			 the request, the public records officer or designee will do one or more of the
			 following:
(a)Make the records available for
			 inspection or copying including:
(i) If copies
			 are available on the office's website, provide an internet address and link on
			 the website to specific records requested;
(ii) If copies are requested and payment of a
			 deposit for the copies, if any, is made or other terms of payment are agreed
			 upon and satisfied, send the copies to the requestor.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-06 - Public records › Section 44-06-090 - Copying fees (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW   43.10.110, chapters 42.17 and
				  34.05 RCW. 98-01-013, §
										44-06-090, filed 12/5/97, effective 1/5/98. Statutory Authority:
				  RCW   43.10.110, chapters 42.17, 19.118 and
				  34.05 RCW. 94-13-039, §
										44-06-090, filed 6/6/94, effective 7/7/94; Order 102, §
										44-06-090, filed
				  2/20/74.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-06 - Public records › Section 44-06-092 - Copying fees-Payments

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 following copy fees and payment procedures apply to requests to the office
			 under chapter 42.56.
(2) Pursuant
			 to RCW    42.56.120(2)(b), the office is not calculating all actual costs for
			 copying records because to do so would be unduly burdensome for the following
			 reasons:
(i) The office does not have the
			 resources to conduct a study to determine all its actual copying costs;
(ii) to conduct such a study would
			 interfere with other essential agency functions; and
(iii) through the 2017 legislative process,
			 the public and requesters have commented on and been informed of authorized
			 fees and costs, including for electronic records, provided in RCW    42.56.120(2)(b) and (c), (3) and (4).
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-06 - Public records › Section 44-06-110 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The Public Records Act provides that a
			 number of types of documents are exempt from public inspection and copying. In
			 addition, documents are exempt from disclosure if any "other statute" exempts
			 or prohibits disclosure. The office maintains a list of exemptions commonly
			 applicable to its records which can be found on the office website,
www.atg
. wa.gov. Requestors should view this list
			 to be aware of some of the exemptions, some of which are outside the Public
			 Records Act, that restrict the availability of some records held by the office
			 including, but not limited to, attorney-client privilege and work product
			 doctrine.
(2) The office is
			 prohibited by statute from disclosing lists of individuals for commercial
			 purposes.
Statutory Authority:
				  RCW   43.10.110, chapters 42.17, 19.118 and
				  34.05 RCW. 94-13-039, §
										44-06-110, filed 6/6/94, effective 7/7/94; Order 102, §
										44-06-110, filed
				  2/20/74.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-06 - Public records › Section 44-06-120 - Review of denials of public records requests, estimates of time, estimates of costs

Current through Register Vol. 24-14, July 15, 2024
(1) The requestor
			 is encouraged to communicate with the public records officer or assigned
			 designee regarding denials of public records requests, estimates of time, or
			 estimates of costs. If the requestor remains unsatisfied, the requestor may
			 seek formal review of the issue.
(2)Any person who objects to the office's
			 denial or partial denial of a request for a public record, or contends an
			 estimate of time to provide records or copying costs to provide records is not
			 reasonable, may petition for prompt review of such decision by submitting a
			 written request for a formal internal administrative review to the public
			 records officer.
(3)The written
			 request for formal review shall specifically refer to the written statement by
			 the public records officer or designee which constituted or accompanied the
			 denial or estimate.
(4) The request
			 for formal review is to be directed to:
Public Records Unit
Office of the Attorney General
1125 Washington Street S.E.
P.O. Box 40100
Olympia, WA 98504-0100
publicrecords@atg.wa.gov
(5)After receiving a written request for
			 formal review of a decision denying a public record or estimate, the public
			 records officer or designee denying the request shall refer it to the
			 designated deputy attorney general or public records counsel. The office will,
			 within two business days following receipt of written request. respond with an
			 estimate of time to consider the matter. Following such review, the deputy
			 attorney general or public records counsel will either affirm, reverse, or
			 amend the denial or estimate.
(6)
			 For purposes of WAC 44-06-160, the office shall have concluded a public record
			 is exempt from disclosure only after the review conducted under this section
			 has been completed.
Statutory Authority:
				  RCW   43.10.110, chapters 42.17, 19.118 and
				  34.05 RCW. 94-13-039, §
										44-06-120, filed 6/6/94, effective 7/7/94. Statutory Authority: RCW   42.17.250 through 42.17.320. 84-10-031 (Order 103), §
										44-06-120, filed 4/30/84;
				  Order 102, §
										44-06-120, filed
				  2/20/74.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-06 - Public records › Section 44-06-140 - Adoption of form

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW   43.10.110, chapters 42.17 and
				  34.05 RCW. 98-01-013, §
										44-06-140, filed 12/5/97, effective 1/5/98. Statutory Authority:
				  RCW   43.10.110, chapters 42.17, 19.118 and
				  34.05 RCW. 94-13-039, §
										44-06-140, filed 6/6/94, effective 7/7/94. Statutory Authority: RCW   42.17.250 through 42.17.320. 84-10-031 (Order 103), §
										44-06-140, filed 4/30/84;
				  Order 102, §
										44-06-140, filed
				  2/20/74.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-06 - Public records › Section 44-06-150 - Availability of pamphlet

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW   43.10.110, chapters 42.17 and
				  34.05 RCW. 98-01-013, §
										44-06-150, filed 12/5/97, effective 1/5/98. Statutory Authority:
				  RCW   43.10.110, chapters 42.17, 19.118 and
				  34.05 RCW. 94-13-039, §
										44-06-150, filed 6/6/94, effective
				  7/7/94.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-06 - Public records › Section 44-06-160 - Requests for review

Current through Register Vol. 24-14, July 15, 2024
A person may request that the office conduct a review pursuant
				to RCW    42.56.530 of a state agency's denial of records requested by him or her.
				Requests for such review shall be directed to Public Records Review, Office of
				the Attorney General, P.O. Box 40100, Olympia, Washington 98504-0100,
				publicrecords@atg.wa.gov. If the state agency provides the records, the office
				will not issue a written opinion because the question has become moot. However,
				if the state agency continues to deny access to the records, the office will
				provide the person with a written opinion on whether the record is
				exempt.
Nothing in this section shall be deemed to establish an
				attorney-client relationship between the attorney general and a person making a
				request under this section.
Statutory Authority:
				  RCW   43.10.110, chapters 42.17, 19.118 and
				  34.05 RCW. 94-13-039, §
										44-06-160, filed 6/6/94, effective
				  7/7/94.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-020 - Designation of manufacturer contact

Current through Register Vol. 24-14, July 15, 2024
(1) A new motor vehicle manufacturer shall submit, in writing,
				to the Attorney General's Office, Lemon Law administration the name, address,
				e-mail or electronic address and telephone number of an individual designated
				by the manufacturer to receive notices related to the arbitration program,
				service of subpoenas, and other correspondence from the attorney general
				related to the manufacturer's duties and responsibilities set forth in chapter
				19.118 RCW.
(2) Where a manufacturer's production or distribution system is
				accomplished through more than one division or region, the manufacturer may
				designate an individual for a division or region for the purpose of receiving
				notices related to the arbitration program, service of subpoenas, and other
				correspondence from the attorney general related to the manufacturer's duties
				and responsibilities set forth in chapter 19.118 RCW.
(3) The manufacturer is responsible for providing written
				notice to the attorney general of its replacement of the designated individual
				or changes to the related address and telephone number.
(4) If no individual is designated or an insufficient address
				is provided all notices shall be sent to the corporate headquarters of the
				manufacturer.
Statutory Authority:
				  RCW 19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-020, filed 12/11/09, effective 1/11/10. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-020, filed 1/24/96, effective
				  2/24/96.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-030 - Arbitration requests

Current through Register Vol. 24-14, July 15, 2024
A consumer must submit a request for arbitration form with
				copies of supporting documentation to the Attorney General's Office, Lemon Law
				Administration in Seattle or in the Attorney General's Office in Spokane, in
				order to apply for the new motor vehicle arbitration process. The request for
				arbitration form will be supplied, upon request, by the attorney general's
				office.
Statutory Authority:
				  RCW 19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-030, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW 19.118.080(2) and (7).
				  88-01-093 (Order 87-4), §
										44-10-030, filed
				  12/22/87.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-031 - Effect of request for arbitration filing

Current through Register Vol. 24-14, July 15, 2024
(1) A request for arbitration is deemed to have been received
				within the thirty month manufacturer mandatory arbitration participation period
				established in
				RCW   19.118.090(3), if it:
(a) Is received by the Office of the Attorney General within
				thirty months from the date of original delivery of the new motor vehicle to a
				consumer at retail; and
(b) Identifies the consumer and the new motor vehicle which is
				the subject of the requested arbitration.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-035 - Arbitration requests - Forty day written request to replace or repurchase vehicle

Current through Register Vol. 24-14, July 15, 2024
A consumer may file a request for arbitration any time after
				having sent the manufacturer a written request to replace or repurchase the new
				motor vehicle pursuant to
				RCW   19.118.041(1). However, no
				arbitration hearing shall be conducted before the manufacturer has had forty
				calendar days to comply with the consumer's written request.
Statutory Authority:
				  RCW 19.118.061 and
				  19.118.080. 88-19-064 (Order
				  88-8), §
										44-10-035, filed
				  9/16/88.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-040 - Attorney general screening of arbitration requests

Current through Register Vol. 24-14, July 15, 2024
(1) The attorney general will review a request for arbitration
				and supporting documentation for a statement of claim and appearance of
				jurisdiction within the authority established pursuant to chapter 19.118 RCW,
				timeliness, and completeness of the form and accompanying documents.
(2) The attorney general will reject a request for arbitration
				that is incomplete, untimely, or if there is reason to believe that the claim
				is frivolous, fraudulent, filed in bad faith, res judicata or beyond the
				authority of chapter 19.118 RCW.
A request for arbitration based on an alleged defect that does
				not manifest when inspected or tested, is intermittent or unconfirmed shall not
				preclude an attorney general determination of the appearance of jurisdiction
				and a statement of claim for purposes of initial screening.
(3) Nothing in this section precludes a party from raising
				jurisdictional or factual issues at the arbitration hearing or subsequent court
				proceedings.
(4) A request for arbitration will be considered complete when
				the information required by the request form is provided in full with copies of
				specified documents or if the consumer provides a reasonable explanation for
				the absence of any supporting documentation.
(5) If a request for arbitration is rejected, the attorney
				general will notify the consumer of the reason for the rejection and any
				procedures or information required to complete the request.
Statutory Authority:
				  RCW 19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-040, filed 12/11/09, effective 1/11/10. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-040, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.061,
				  19.118.080 and
				  19.118.090. 89-16-024 (Order
				  89-4), §
										44-10-040, filed 7/24/89, effective 8/24/89. Statutory Authority:
				  RCW   19.118.080(2) and (7).
				  88-04-081 (Order 88-2), §
										44-10-040, filed
				  2/3/88.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-050 - Assignment to board

Current through Register Vol. 24-14, July 15, 2024
(1) Review by
			 the attorney general, a request for arbitration appearing to be timely,
			 complete and to have met the jurisdictional requirements of chapter 19.118 RCW
			 will be assigned to the board.
(2)
			 A notice that the request has been assigned to the board to be scheduled for an
			 arbitration hearing will be sent to the consumer and manufacturer by email,
			 standard U.S. mail or certified mail. The designated manufacturer contact will
			 be sent a copy of the consumer's request for arbitration and a manufacturer's
			 statement form with the notice of assignment.
(3) Upon receipt of a request for arbitration
			 from the attorney general, the board will record the date it receives the
			 assignment in the request for arbitration record and immediately notify the
			 Lemon Law administration.
Statutory Authority:
				  RCW   19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-050, filed 12/11/09, effective 1/11/10; 02-12-093, §
										44-10-050,
				  filed 6/4/02, effective 7/5/02. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-050, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.061,
				  19.118.080 and
				  19.118.090. 89-16-024 (Order
				  89-4), §
										44-10-050, filed 7/24/89, effective 8/24/89. Statutory Authority:
				  RCW   19.118.080(2) and (7).
				  88-04-081 (Order 88-2), §
										44-10-050, filed 2/3/88; 88-01-093 (Order 87-4),
				  §
										44-10-050, filed 12/22/87.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-060 - Powers and duties of arbitration special master

Current through Register Vol. 24-14, July 15, 2024
(1) An arbitration special master may be appointed by the
				arbitration board to hear and decide preliminary and post-hearing issues within
				the arbitration board's authority. Requests for an arbitration special master
				must be made in writing by a party to the Lemon Law administration. The request
				will be reviewed by the program manager to determine whether issues identified
				in the special master request will be resolved by the program manager,
				forwarded to the board or denied. Post-hearing arbitration special masters and
				the program manager shall not resolve matters previously presented in the
				arbitration hearing and addressed in the arbitration decision except for
				clarification, or extend the time for compliance beyond the time necessary to
				hear and notify the parties of a decision about the issues in dispute or
				requiring clarification.
(2) Issues which may be decided by the program manager or
				arbitration special master include but are not limited to: Motions to quash or
				limit the scope of subpoenas, disputes related to requests to view the vehicle,
				disputes relating to an arbitration award including specification of the award
				amounts which could not have been or were not resolved at the arbitration
				hearing or matters necessary for compliance with the arbitration decision such
				as: Time and place for compliance, condition of the vehicle to be returned,
				clarification or recalculation of refund amounts or a determination that an
				offered vehicle is reasonably equivalent to the vehicle being replaced. The
				program manager or the arbitration special master may conduct telephonic
				conferences with a party or parties, as appropriate, and may request additional
				written information in order to rule on issues.
(3) The program manager or the arbitration special master shall
				not extend the forty day period during which the manufacturer must comply with
				the arbitration decision except where the program manager or arbitration
				special master makes a finding that:
(a) The issues identified in the special master request could
				not have been brought allowing sufficient time to conclude compliance within
				the forty day compliance period; and
(b) If the manufacturer made the request for a special master,
				the manufacturer's position in the dispute is supported by the special master's
				decision.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-070 - Manufacturer's statement

Current through Register Vol. 24-14, July 15, 2024
(1) The manufacturer shall provide information relevant to the
				resolution of the dispute to the consumer and board on a form created by the
				Lemon Law administration. The manufacturer's statement form shall be completely
				answered and shall include, but not be limited to, the following
				information:
(a) A statement of any affirmative defenses, and any legal or
				factual issues to be raised at the hearing. Any issues or affirmative defenses
				not raised in a timely manufacturer's statement or other documents not provided
				to the consumer and submitted to the board prior to the hearing may be excluded
				or limited by the arbitrator at the hearing; except as provided in WAC
				44-10-080(6).
(b) The name, title, and business address of any person(s) the
				manufacturer plans to call as witnesses or from whom affidavits or written
				testimony will be presented;
(c) A statement identifying the year, make, model, options,
				color and any other significant information pertaining to the vehicle or
				vehicles it intends to offer as a reasonably equivalent replacement vehicle if
				the consumer prevails and requests replacement. If the manufacturer believes in
				good faith that replacement is impossible, or unreasonable, or cannot be
				provided timely pursuant to compliance requirements the manufacturer must raise
				such issue in its statement.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-080 - Manufacturer's option to request a viewing of motor vehicle

Current through Register Vol. 24-14, July 15, 2024
(1) A manufacturer may request a viewing of the vehicle to aid
				in preparation of its defense. The request for a viewing of the vehicle must be
				indicated in the manufacturer's statement.
(2) The manufacturer and the consumer shall arrange a mutually
				agreeable time and location for such viewing. If after reasonable good faith
				attempts to arrange a viewing, a mutually agreeable time and location is not
				established, the manufacturer may request the Lemon Law administration program
				manager to set a time and location for viewing.
(3) Upon receipt of a request to set a viewing, the Lemon Law
				administration program manager shall establish a time and location for viewing
				that is reasonably convenient for the parties. The location may be the
				consumer's residence if other locations are not reasonably convenient for the
				parties. The consumer must be present during the viewing, unless the consumer
				expressly waives in writing the right to be present.
(4) The viewing is not meant to be another attempt to repair
				the vehicle and no repair procedures shall be conducted.
(5) The manufacturer may perform limited nonrepair diagnostic
				examinations and inspection procedures, such as test driving the vehicle or
				attaching a testing device to the vehicle. The results of any diagnostic
				procedures or data gathered as a result of such procedures shall be supplied to
				the consumer as soon as it is available.
(6) If the viewing of the vehicle reveals any affirmative
				defenses or legal or factual issues not previously raised in the manufacturer's
				statement or consumer's request for arbitration, either party may file
				amendments with the Lemon Law administration within three business days of the
				viewing, or, no later than three business days prior to the hearing date,
				whichever is earlier.
Statutory Authority:
				  RCW 19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-080, filed 12/11/09, effective 1/11/10; 02-12-093, §
										44-10-080,
				  filed 6/4/02, effective 7/5/02. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-080, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.080(2) and (7).
				  88-04-081 (Order 88-2), §
										44-10-080, filed
				  2/3/88.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-090 - Arbitration fee

Current through Register Vol. 24-14, July 15, 2024
A three dollar arbitration fee shall be collected by the new
				motor vehicle dealer or lease company from the consumer at completion of the
				sale or lease of a new motor vehicle except for a transaction with a consumer
				who is not a resident of this state and who does not intend to register the
				vehicle in this state. No fee shall be collected where the purchase, lease or
				transfer is made to a party other than a consumer.
Statutory Authority:
				  RCW 19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-090, filed 12/11/09, effective 1/11/10. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-090, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.080 and
				  19.118.090. 90-19-024, §
										44-10-090, filed 9/11/90, effective 10/12/90. Statutory Authority:
				  RCW   19.118.080(7). 87-23-030
				  (Order 87-2), §
										44-10-090, filed
				  11/13/87.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-100 - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1) A party's request for a subpoena to be
			 issued must be received by the Lemon Law administration with the consumer's
			 request for arbitration or the manufacturer's statement to be considered. A
			 consumer may submit a request for a subpoena within three business days of
			 receipt of a manufacturer's statement. The attorney general shall make a
			 determination of whether the documents and records sought by the party are
			 reasonably related to the dispute.
(2) A subpoena issued by the attorney general
			 shall identify the party causing the issuance of the subpoena, designate that
			 the subpoena is issued by the attorney general pursuant to RCW    19.118.080,
			 state the purpose of the proceeding, and command the person to whom it is
			 directed to produce at the time and place set in the subpoena the designated
			 documents or records under his or her control.
(3) Service of the subpoena may be made by
			 email or certified mail.
(4) A
			 person to whom a subpoena is directed may submit a written request to suspend
			 or limit the terms of the subpoena to the Lemon Law administration within five
			 business days of receipt of the subpoena and shall notify the party who
			 requested the subpoena, of the request to suspend or limit it. The request must
			 be accompanied by a short statement setting forth the basis for the request.
			 The Lemon Law administration program manager may suspend or modify the subpoena
			 or shall assign the request to be heard at the arbitration hearing.
(5) Where the Lemon Law administration
			 program manager upholds or modifies the subpoena, the responding person or
			 party shall comply with the date set in the subpoena or within five business
			 days, whichever is greater.
Statutory Authority:
				  RCW   19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-100, filed 12/11/09, effective 1/11/10; 02-12-093, §
										44-10-100,
				  filed 6/4/02, effective 7/5/02. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-100, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.061,
				  19.118.080 and
				  19.118.090. 89-16-024 (Order
				  89-4), §
										44-10-100, filed 7/24/89, effective 8/24/89. Statutory Authority:
				  RCW   19.118.080(2) and (7).
				  88-01-093 (Order 87-4), §
										44-10-100, filed
				  12/22/87.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-110 - Scheduling of arbitration hearings

Current through Register Vol. 24-14, July 15, 2024
The board has the authority to schedule the arbitration hearing
				at its discretion. The Lemon Law administration shall notify the parties of the
				date, time and place by letter sent by standard U.S. mail and email at least
				ten calendar days prior to the hearing. Hearings may be scheduled during
				business hours, Monday through Thursday evenings, or Saturdays. If for any
				reason an arbitration hearing must be rescheduled, the board or the Lemon Law
				administration shall promptly notify the parties by mail, email if requested by
				a party or telephone.
Statutory Authority:
				  RCW   19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-110, filed 12/11/09, effective 1/11/10; 02-12-093, §
										44-10-110,
				  filed 6/4/02, effective 7/5/02. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-110, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.061,
				  19.118.080 and
				  19.118.090. 89-16-024 (Order
				  89-4), §
										44-10-110, filed 7/24/89, effective 8/24/89. Statutory Authority:
				  RCW   19.118.080(2) and (7).
				  88-04-081 (Order 88-2), §
										44-10-110, filed
				  2/3/88.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-120 - Withdrawal

Current through Register Vol. 24-14, July 15, 2024
A consumer may withdraw a request for arbitration at any
				time.
A first withdrawal shall be granted without prejudice. Upon
				notice to the Lemon Law administration of withdrawal, the thirty month period
				manufacturer mandatory arbitration participation period shall resume running. A
				consumer who has withdrawn may resubmit the claim for arbitration. However, if
				the consumer withdraws the second request, the withdrawal shall be considered a
				withdrawal with prejudice and the consumer shall not be allowed to resubmit the
				claim for arbitration.
Statutory Authority:
				  RCW 19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-120, filed 12/11/09, effective 1/11/10; 02-12-093, §
										44-10-120,
				  filed 6/4/02, effective 7/5/02. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-120, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW 19.118.080. 89-06-026 (Order 89-2), §
										44-10-120, filed 2/24/89. Statutory Authority:
				  RCW   19.118.080(2) and (7).
				  88-01-093 (Order 87-4), §
										44-10-120, filed
				  12/22/87.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-130 - Defaults

Current through Register Vol. 24-14, July 15, 2024
(1) A party who fails to appear at the arbitration hearing will
				be considered in default.
(2) If a manufacturer defaults the arbitrator shall hold the
				hearing. The arbitrator shall make a decision based on the evidence presented
				by the consumer, and any files or documentation contained in the record
				including the manufacturer's statement and other evidence or documentation
				submitted by the manufacturer.
(3) If the consumer defaults it shall be considered a
				withdrawal with prejudice of the request for arbitration. The hearing shall be
				canceled if the consumer defaults.
(4) The default shall be final unless within twenty-four hours
				of the hearing time, the manufacturer or consumer contacts the Lemon Law
				administration to request that the default be set aside. The request shall
				include evidence of an unforeseeable circumstance that resulted in the failure
				of the party to appear. Such request shall be considered by the Lemon Law
				administration program manager who will hear arguments from both parties on the
				request to set aside the default which may be conducted via telephone
				conference call. If the default is set aside, a new hearing shall be scheduled
				within ten calendar days of the original hearing date, and the parties shall be
				informed of the new date and time at least five business days prior to the
				hearing date when possible.
(5) If both parties default, the disposition of the case shall
				be handled as if only the consumer defaulted pursuant to WAC
				44-10-130(3).
Statutory Authority:
				  RCW 19.118.080(2),
				  19.118.061. 02-12-093, §
										44-10-130, filed 6/4/02, effective 7/5/02. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-130, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.061,
				  19.118.080 and
				  19.118.090. 89-16-024 (Order
				  89-4), §
										44-10-130, filed 7/24/89, effective 8/24/89. Statutory Authority:
				  RCW   19.118.080(2) and (7).
				  88-04-081 (Order 88-2), §
										44-10-130, filed
				  2/3/88.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-140 - Representation of parties

Current through Register Vol. 24-14, July 15, 2024
(1) Any party to the arbitration hearing may be represented by
				counsel. If either party opts to be so represented, said party shall
				immediately notify the Lemon Law administration and the other party of the name
				and address of the attorney.
(2) The consumer may be represented by himself or herself or by
				legal counsel, but may not be represented by a nonattorney. However, a person,
				acting as an interpreter, may assist a party in the presentation of the case if
				such assistance is necessary because of a mental or physical handicap or
				language barrier which would preclude the party from adequately representing
				himself or herself.
(3) A manufacturer may be represented by legal counsel,
				authorized employee or agent.
Statutory Authority:
				  RCW 19.118.080(2),
				  19.118.061. 02-12-093, §
										44-10-140, filed 6/4/02, effective 7/5/02. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-140, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.061,
				  19.118.080 and
				  19.118.090. 89-16-024 (Order
				  89-4), §
										44-10-140, filed 7/24/89, effective 8/24/89. Statutory Authority:
				  RCW   19.118.080(2) and (7).
				  88-01-093 (Order 87-4), §
										44-10-140, filed
				  12/22/87.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-150 - Settlement of dispute

Current through Register Vol. 24-14, July 15, 2024
(1) Both parties shall notify the Lemon Law administration of a
				resolution for settlement of the dispute after the request for arbitration has
				been assigned to the arbitration board. The Lemon Law administration shall
				verify the terms of the settlement or resolution. The disclosure of terms is
				for statutorily required record keeping only. The settlement or agreement to
				otherwise resolve the dispute is not subject to approval by the board or the
				attorney general.
(2) Notice of settlement or agreement to resolve the dispute
				shall be treated procedurally as if the consumer had withdrawn from the
				arbitration process, as set forth in WAC
				44-10-120.
Statutory Authority:
				  RCW 19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-150, filed 12/11/09, effective 1/11/10; 02-12-093, §
										44-10-150,
				  filed 6/4/02, effective 7/5/02. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-150, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.061,
				  19.118.080 and
				  19.118.090. 89-16-024 (Order
				  89-4), §
										44-10-150, filed 7/24/89, effective 8/24/89. Statutory Authority:
				  RCW   19.118.080(2) and (7).
				  88-01-093 (Order 87-4), §
										44-10-150, filed
				  12/22/87.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-160 - Use of technical expert

Current through Register Vol. 24-14, July 15, 2024
(1) A technical expert is assigned by the board to advise and
				consult with an arbitrator. Technical experts shall not be directly involved in
				the manufacture, distribution, sale, or warranty service of any motor
				vehicle.
(2) Either party may request that a technical expert be
				assigned to a dispute. Such assignment, however, shall be at the discretion of
				the board. The board may upon their own volition assign a technical expert to a
				dispute.
(3) If a technical expert is assigned to a dispute, and is
				requested by the arbitrator to perform an inspection of the vehicle, other than
				as part of the arbitration hearing, a notice of the time, date and location of
				the technical expert's inspection of the vehicle will be provided to both
				parties. This section does not confer a right, for either party, to be present
				during the inspection of the vehicle, however, either party may be present. Any
				written report or results of the expert's inspection shall be supplied to the
				parties as soon as it is available. The technical expert shall be present at
				the hearing or shall be available by telephone at the time of hearing, and may
				be examined by either party or the arbitrator.
(4) The expert shall sign a written oath attesting to his or
				her impartiality prior to the commencement of each arbitration hearing to which
				he or she has been assigned.
Statutory Authority:
				  RCW 19.118.080(2),
				  19.118.061. 02-12-093, §
										44-10-160, filed 6/4/02, effective 7/5/02. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-160, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.080 and
				  19.118.090. 90-19-024, §
										44-10-160, filed 9/11/90, effective 10/12/90. Statutory Authority:
				  RCW   19.118.061,
				  19.118.080 and
				  19.118.090. 89-16-024 (Order
				  89-4), §
										44-10-160, filed 7/24/89, effective 8/24/89. Statutory Authority:
				  RCW   19.118.080(2) and (7).
				  88-04-081 (Order 88-2), §
										44-10-160, filed
				  2/3/88.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-170 - Powers and duties of arbitrators

Current through Register Vol. 24-14, July 15, 2024
(1) Arbitrators shall have the duty to conduct fair and
				impartial hearings, to take all necessary actions to avoid delay in the
				disposition of proceedings, to maintain order, and to meet the sixty day time
				frame required by
				RCW   19.118.090 for the rendering of a decision.
				They shall have all powers necessary to meet these ends including, but not
				limited to, the power:
(a) To consider any and all evidence offered by the parties
				which the arbitrator deems necessary to an understanding and determination of
				the dispute;
(b) To regulate the course of the hearings and the conduct of
				the parties, their representatives and witnesses;
(c) To schedule vehicle inspection by the technical experts, if
				deemed necessary, at such time and place as the arbitrator determines;
(d) To continue the arbitration hearing to a subsequent date
				if, at the initial hearing, the arbitrator determines that additional
				information is necessary in order to render a fair and accurate decision. Such
				continuance shall be held within ten calendar days of the initial
				hearing;
(e) To impose sanctions for failure of a party to comply with a
				subpoena pursuant to
				RCW   19.118.080(2)(b);
(f) To calculate and order the joint liability for compliance
				obligations of motor home manufacturers, when applicable, as part of
				arbitration decisions when ordering repurchase or replacement of a new motor
				vehicle.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-180 - The arbitration hearing

Current through Register Vol. 24-14, July 15, 2024
(1) The conduct
			 of the hearing shall encourage a full and complete disclosure of the
			 facts.
(2) Arbitrators may admit
			 and give probative effect to evidence which possesses probative value commonly
			 accepted by reasonably prudent people in the conduct of their affairs. They
			 shall give effect to the rules of privilege recognized by law. They may exclude
			 incompetent, irrelevant, immaterial, and unduly repetitious evidence.
(3) The consumer shall present his or her
			 evidence and witnesses, then the manufacturer shall present its evidence and
			 witnesses.
(4) Each party may
			 question the other after each presentation, and may question each witness after
			 testimony. The arbitrator may question any party or witness at any
			 time.
(5) The arbitrator shall
			 ensure that an electronic recording record of the hearing is
			 maintained.
(6) The arbitrator
			 shall administer an oath or affirmation to each individual who
			 testifies.
(7) The hearing
			 procedure contemplates that both parties will be present. However, either party
			 may offer written testimony only if the board and other parties are in receipt
			 of that evidence prior to the day of the hearing.
(8) A party may request presentation of its
			 case by telephone.
Statutory Authority:
				  RCW   19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-180, filed 12/11/09, effective 1/11/10. Statutory Authority:
				  RCW   19.118.080(2) and (7),
				  19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-180, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.061,
				  19.118.080 and
				  19.118.090. 89-16-024 (Order
				  89-4), §
										44-10-180, filed 7/24/89, effective 8/24/89. Statutory Authority:
				  RCW   19.118.080(2) and (7).
				  88-04-081 (Order 88-2), §
										44-10-180, filed
				  2/3/88.