Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-10 - Arbitration and the arbitration process › Section 44-10-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Terms, when used in this chapter, shall have the same meaning
				as terms used in chapter 19.118 RCW. The following definitions shall supplement
				or aid in the interpretation of the definitions set forth in chapter 19.118
				RCW.
"Arbitration special master" means the individual or group of
				individuals selected by the board to hear and decide special issues timely
				brought before the board.
"Attorney general" or "attorney general's office" means the
				person duly elected to serve as attorney general of the state of Washington and
				delegates authorized to act on his or her behalf.
"Board" or "arbitration board" means the new motor vehicle
				arbitration board established by the attorney general pursuant to RCW
				   19.118.080.
"Intervening transferor" means any person or entity which
				receives, buys or otherwise transfers the returned new motor vehicle prior to
				the first retail transfer, sale or lease subsequent to being repurchased or
				replaced by the manufacturer.
"Lemon Law administration" means the section within the
				attorney general's office, consumer protection division, designated by the
				attorney general to be responsible for the implementation of chapter 19.118 RCW
				and related rules.
"Lemon Law resale documents" refers to the following:
(a) "Lemon Law resale windshield display" means a document
				created and provided by the attorney general which identifies that:
(i) The vehicle was reacquired by the manufacturer after a
				determination, settlement or adjudication of a dispute;
(ii) the vehicle has one or more nonconformities or serious
				safety defects, or was out-of-service thirty or more days due to diagnosis or
				repair of one or more nonconformities; and
(iii) the defects or conditions causing the vehicle to be
				reacquired by the manufacturer.
(b) "Lemon Law resale disclosure": Means a document created and
				provided by the attorney general which identifies that:
(i) The vehicle was reacquired by the manufacturer after a
				settlement, determination or adjudication of a dispute;
(ii) the vehicle has one or more nonconformities or serious
				safety defects, or was out-of-service thirty or more days due to diagnosis or
				repair of one or more nonconformities; and
(iii) the defects or conditions causing the vehicle to be
				reacquired by the manufacturer. The document will provide space for the
				manufacturer to indicate if each nonconformity or serious safety defect has
				been corrected and is warranted by the manufacturer.
"Manufacturer dispute program" means a program offered by a
				manufacturer to owners or lessees of vehicles covered by or previously covered
				by the manufacturer's warranty to resolve complaints or claims:
(a) Established in substantial compliance with the applicable
				provision of Title 16, Code of Federal Regulations Part 703;
(b) where the basis of the program's standards for decision
				making are substantially equivalent to chapter 19.118 RCW;
(c) where the basis of the program's standards for decision
				making are identified as some or all of the provisions of chapter 19.118 RCW;
				or
(d) references the "Lemon Law" in a manner suggesting or
				inferring that chapter 19.118 RCW is the program's basis for the decision
				making, determining remedies or has been approved by the attorney
				general.
"Person" includes every natural person, firm, partnership,
				corporation, association, or organization.
"Settlement" means an agreement between a consumer and a
				manufacturer to resolve a claim under chapter 19.118 RCW after a request for
				arbitration has been assigned to the arbitration board and where the agreement
				results in the manufacturer reacquiring a new motor vehicle directly or
				indirectly, through an agent or a motor vehicle dealer.
"Similar law of another state" refers to the law of another
				state which creates remedies for a manufacturer's failure to conform a vehicle
				to its warranty and under which the vehicle was reacquired by the
				manufacturer.
Statutory Authority:
				  RCW   19.118.080(2) and
				  19.118.061. 10-01-069, §
										44-10-010, filed 12/11/09, effective 1/11/10; 02-12-093, §
										44-10-010,
				  filed 6/4/02, effective 7/5/02. Statutory Authority:
				  RCW 19.118.808(2),
				  
											19.118.061, and 1998 c 298 §
				  6. 00-08-068, §
										44-10-010, filed 4/3/00, effective 5/4/00. Statutory
				  Authority:
				  RCW   19.118.080(2) and
				  (7), 19.118.061 and 1995 c 254 §
				  4. 96-03-155, §
										44-10-010, filed 1/24/96, effective 2/24/96. Statutory
				  Authority:
				  RCW   19.118.080 and
				  19.118.090. 92-11-037, §
										44-10-010, filed 5/18/92, effective 6/18/92. Statutory Authority:
				  RCW   19.118.080(2) and (7).
				  88-01-093 (Order 87-4), §
										44-10-010, filed
				  12/22/87.