Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-310 - Request for review of imposition of fine

Current through Register Vol. 24-14, July 15, 2024
(1) The manufacturer shall have ten days from the date of
				receipt of notice of imposition of fine to request a review of imposition of
				fine. The manufacturer's request for review of imposition of fine shall be sent
				to the Lemon Law administration in writing and shall state the reasons for the
				manufacturer's noncompliance with the arbitrator's decision within the forty
				calendar day period.
(2) Upon receipt of a request for review of imposition of fine,
				the Lemon Law administration shall have ten days to conduct a review or request
				additional information from the parties or other persons regarding manufacturer
				noncompliance.
(3) The review shall be limited to determining whether the
				manufacturer has shown by clear and convincing evidence that any delay or
				failure of the manufacturer to comply within forty calendar days following the
				manufacturer's receipt of notice of consumer's acceptance was beyond the
				manufacturer's control or was acceptable to the consumer as evidenced by a
				written statement signed by the consumer. No other issues shall be considered
				in the review.
(4) The Lemon Law administration shall issue a written review
				determination which shall be delivered to the manufacturer by certified mail,
				e-mail if requested by the manufacturer or personal service.
(5) If it is determined that the manufacturer's noncompliance
				was beyond the manufacturer's control or was acceptable to the consumer as
				evidenced by a written statement from the consumer, the imposition of fine
				shall be rescinded. The imposition of fine shall be affirmed where the
				manufacturer has failed to show clear and convincing evidence as required by
				WAC 44-10-310(3). If the imposition of fine is affirmed, the manufacturer shall
				be liable for a fine according to the schedule specified in WAC
				44-10-300(2) including all days during the pendency of review under this section and until
				compliance with the arbitrator's decision or until one hundred thousand dollars
				has accrued, whichever comes first.
(6) If a fine is rescinded under WAC 44-10-310(5) the Lemon Law
				administration program manager may impose a fine against the manufacturer where
				the manufacturer fails to comply with the agreement between the manufacturer
				and the consumer, or when the manufacturer fails to comply immediately after
				the circumstances no longer exist which made compliance beyond the control of
				the manufacturer. Notice of such fine shall be by certified mail, e-mail if
				requested by the manufacturer or personal service to the manufacturer and shall
				be imposed according to the schedule in WAC
				44-10-300(2), and
				imposition of such fine is subject to review by the Lemon Law administration
				upon request of the manufacturer under WAC 44-10-310.
Statutory Authority:
				  RCW 19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-310, filed 12/11/09, effective 1/11/10; 02-12-093, §
										44-10-310,
				  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, §
										44-10-310, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.080 and
				  19.118.090(7).
				  91-02-080, §
										44-10-310, filed 12/31/90, effective 1/31/91. Statutory
				  Authority:
				  RCW   19.118.061 and
				  19.118.080. 89-06-025 (Order
				  89-1), §
										44-10-310, filed
				  2/24/89.