Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-545 - Brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
To what do they apply?
The department of
				licensing, dealer and manufacturer services section, adopts the provisions of
				RCW
				34.05.482 through
				34.05.494 for the matters listed
				in this section. The department may use brief adjudicative proceedings (BAPs)
				where their use will not violate any provisions of law, and where protection of
				the public interest does not require the department to give notice and an
				opportunity to participate to persons other than the parties.
The department may use BAPs including, but not limited to, the
				following matters:
(1) Whether a
			 surety bond (or insurance) has been exhausted or cancellation pursuant to
			 RCW
			 46.70.070,
			 46.80.070,
			 46.55.030 or 88.02.060, or the
			 insurance required in
			 RCW
			 46.55.030;
(2) Whether the licensee has failed to
			 maintain an established place of business pursuant to
			 RCW
			 46.70.023, WAC
			 308-66-140,
			 RCW
			 46.80.130, WAC
			 308-63-070,
			 RCW
			 46.55.060, WAC
			 308-61-108, RCW 88.02.078,
			 46.79.030, or WAC
			 308-65-030;
(3) Whether a person has failed to comply
			 with an order or to pay a previously assessed fine, pursuant to
			 RCW
			 46.70.101,
			 46.55.200,
			 46.80.110, or 88.02.188;
(4) Whether a licensee has been selling,
			 exchanging, offering, brokering, auctioning, soliciting, advertising new or
			 current model vehicles without a service agreement with a manufacturer,
			 pursuant to
			 RCW
			 46.70.101 or
			 46.70.041;
(5) Whether a licensee had failed to promptly
			 transfer title, pursuant to
			 RCW
			 46.70.122, WAC
			 308-66-190,
			 308-56A-420, or
			 308-90-150;
(6) Whether a licensee had failed to notify
			 the department of a fact in which the licensee is required to timely notify the
			 department (e.g., WAC
			 308-66-210 or
			 308-61-108 );
(7) Whether a licensee has failed to have a
			 current certificate or registration with the department of revenue pursuant to
			 RCW
			 46.70.101;
(8) Whether the applicant whose license was
			 suspended for cause and the terms of the suspension have not been fulfilled
			 pursuant to
			 RCW
			 46.70.101;
(9) Whether the applicant having been
			 adjudged guilty of a crime which directly relates to the business of a vehicle
			 dealer and the time elapsed since the adjudication is less than ten years, or
			 suffering any judgment within the preceding five years in any civil action
			 involving fraud, misrepresentation, or conversion pursuant to
			 RCW
			 46.70.101 or
			 46.80.110 in the case of vehicle
			 wreckers, or
			 RCW
			 46.79.070 in the case of hulk haulers or
			 scrap processors;
(10) Whether the
			 applicant knowingly or with reason to know made a false statement of a material
			 fact in his or her application for license or any data attached thereto
			 pursuant to
			 RCW
			 46.70.101;
(11) Whether an applicant or licensee has
			 sufficient education credits as required by
			 RCW
			 46.70.079;
(12) Whether a person is engaging in or about
			 to engage in the business of a licensee as referenced in
			 RCW
			 46.70.115,
			 46.80.180, or
			 46.55.210;
(13) Whether an applicant or licensee is
			 solvent within the meaning of
			 RCW
			 46.70.101;
(14) Whether a licensee has failed to
			 maintain records as required by
			 RCW
			 46.70.120, WAC
			 308-66-180,
			 RCW
			 46.55.150 or
			 46.80.080.
The sole issue to be heard at the adjudicative proceedings
				shall be whether the applicant is in compliance with the requirements set forth
				in subsections (1) through (14) of this section.
Statutory Authority:
				  RCW
				  34.05.220. 05-21-025, § 308-08-545,
				  filed 10/10/05, effective 11/10/05.