reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
Assistance van:
A vehicle that has been approved by the state
			 patrol to provide aid, free of charge, to vehicles with equipment or fuel
			 problems. An assistance van will be referred to as "van" in this
			 regulation.
(2)
Commander:
Means the commanding officer, or their designee, of a
			 Washington state patrol district or division.
(3)
ESR:
Equipment and standards
			 review section of the Washington state patrol.
(4)
Driver:
Means any person who
			 drives the van and furnishes the actual service.
(5)
Geographic area:
Means the
			 city, county, state routes or interstate roads on which the vehicle will be
			 operated under the authorized emergency vehicle permit if approved.
(6)
Highway:
Means the entire
			 width between the boundary lines of every way publicly maintained when any part
			 thereof is open to the use of the public for purposes of vehicular
			 travel.
(7)
Inspector:
Means an officer of the Washington state patrol who has been designated
			 by his/her commander to conduct inspections of assistance vans.
(8)
Operator:
Means the
			 person(s) or firm so named in the letter of appointment, who operates the
			 assistance van.
(9)
Owner:
Means the legal owner of the assistance van.
(10)
Patrol:
Means the
			 Washington state patrol as defined in
			 RCW
			    43.43.010.
(11)
Permit:
Means the document
			 issued by ESR that authorized the assistance van to operate.
(12)
Primary jurisdiction:
Means
			 lead department who has jurisdiction on the roads that the applicant wishes to
			 use the emergency lighting on.
(13)
Political subdivision:
Means the individual who has authority over
			 the applicant if the applicant is the chief law enforcement officer or fire
			 chief.
Statutory Authority:
				  RCW
				  46.37.005, 46.37.197, and
				  46.52.120. 09-18-072, §
				  204-93-030, filed 8/31/09, effective 10/1/09. Statutory Authority:
				  RCW
				     47.52.120. 90-18-049, § 204-93-030,
				  filed 8/30/90, effective 9/30/90. Statutory Authority:
				  RCW
				     47.52.120 and
				  46.37.005. 85-20-090 (Order
				  002-85), § 204-93-030, filed
				  10/1/85.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-040 - Driver standards

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 driver's minimum age is to be 21 years, and the driver must possess a valid:
(a) First-aid card.
(b) Washington operator's license.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-050 - Van standards

Current through Register Vol. 24-14, July 15, 2024
(1) The minimum
			 size vehicles must be a half-ton rated van or pickup truck.
(2) The van must:
(a) Be equipped with adequate front pushbars
			 of a design that protects the finish of any vehicle being pushed.
(b) Not have towing capabilities.
(c) Have the primary sponsor or operator's
			 name, address, and telephone number painted on both sides of the vehicle in a
			 contrasting color. The lettering must be at least 3 inches in height with a 3/4
			 inch stroke. Other sponsors may be shown in smaller lettering.
(d) Have the words "assistance van" painted
			 on the front and rear of the van. The size of the lettering must be the same as
			 the primary sponsor's or operator's name.
(e) Have the capability to jump start another
			 vehicle without going the wrong direction on the highway.
(f) Have the ability to transfer fuel, or
			 carry a minimum of 2.5 gallons of gasoline.
(g) Be maintained in a clean and neat
			 manner.
(h) Be equipped with an
			 approved light bar that displays amber lighting in a 360° radius. The amber
			 lights must be used only at the scene of a disabled vehicle or when a disabled
			 vehicle is being pushed from the travel lane to the nearest shoulder of the
			 highway. If the van is used for private purposes, or for purposes in an area or
			 by an operator/driver other than as set forth in the application, all emergency
			 equipment which is exposed to public view must be removed or covered with an
			 opaque hood, and must not be operated during such period of time.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-060 - Two-way communications requirements

Current through Register Vol. 24-14, July 15, 2024
The van must have:
(1)
			 The capability to monitor channel 9 of the citizen's band radio.
(2) A mobile telephone system in proper
			 working order, functions correctly throughout the assigned area of operation,
			 and is used in a correct and lawful manner.
(3) A public address system.
Statutory Authority:
				  RCW
				  46.37.005, 46.37.197, and
				  46.52.120. 09-18-072, §
				  204-93-060, filed 8/31/09, effective 10/1/09. Statutory Authority:
				  RCW
				     47.52.120. 90-18-049, § 204-93-060,
				  filed 8/30/90, effective 9/30/90. Statutory Authority:
				  RCW
				     47.52.120 and
				  46.37.005. 85-20-090 (Order
				  002-85), § 204-93-060, filed
				  10/1/85.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-070 - Equipment requirements

Current through Register Vol. 24-14, July 15, 2024
The van must be equipped with the following items:
(1) Floor jack - 2-1/2 ton rating.
(2) Portable tank of compressed air with a
			 gauge indicating a minimum capacity of 100 psi.
(3) One 36 unit first-aid kit or
			 larger.
(4) One 20 BC rated fire
			 extinguisher or two 10 BC rated fire extinguishers.
(5) Mechanics tools for minor
			 repairs.
(6) Five-gallon container
			 of water.
(7) Six orange or red
			 traffic cones.
(8) One case of
			 20-minute fuses.
(9) Operable 12
			 volt jump pack and jumper cables that are at least eight feet in
			 length.
(10) Absorbent material
			 capable of absorbing one gallon of vehicular fluid leaks.
(11) Four-way lug wrench in metric and
			 Society of Automotive Engineer (SAE) sizes.
(12) Two wheel chocks or wheel blocking
			 devices.
(13) One pair of heavy
			 duty leather gloves.
Statutory Authority:
				  RCW
				  46.37.005, 46.37.197, and
				  46.52.120. 09-18-072, §
				  204-93-070, filed 8/31/09, effective 10/1/09. Statutory Authority:
				  RCW
				     47.52.120. 90-18-049, § 204-93-070,
				  filed 8/30/90, effective 9/30/90. Statutory Authority:
				  RCW
				     47.52.120 and
				  46.37.005. 85-20-090 (Order
				  002-85), § 204-93-070, filed
				  10/1/85.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-080 - Insurance requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Each
			 van must be covered with the following minimum insurance coverage:
(a) One hundred thousand dollars of legal
			 liability per occurrence to protect against vehicle damage.
(b) Two hundred fifty thousand dollars for
			 liability for bodily injury or property damage per occurrence.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-090 - Permit requirements

Current through Register Vol. 24-14, July 15, 2024
(1) An
			 application for a permit to operate an assistance van shall be filed with the
			 ESR on a form prescribed and furnished by the state patrol.
(2) The application must furnish the
			 following information to the patrol:
(a) A
			 listing of the names of all operators or drivers of the van and a completed
			 fingerprint card and associated fee for the applicant and each person who
			 operates and/or drives the van.
(b)
			 A description of the specific geographic area in which the vehicle will be used
			 as an assistance van.
(c) A
			 description of each vehicle, to include, year, make, model, VIN, license
			 number, and registered owner.
(d)
			 Certification from each primary jurisdiction identified in (b) of this
			 subsection that the vehicle is to be used as described. Such certification must
			 be by the chief law enforcement officer. If the person making the application
			 is the chief law enforcement officer, certification must be made by the chief
			 executive officer of the political subdivision of the jurisdiction. The
			 certification must state that a need exists in the jurisdiction for the vehicle
			 to be used as described and that the certifier knows of no reason why the
			 application should be denied.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-100 - Inspections and approval decals

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of an application for a permit, the patrol will
				conduct an inspection of the applicant's van, to determine if the applicant
				qualifies for the issuance of a permit.
(1) After a permit has been issued, the state
			 patrol will cause to be affixed to each qualified van a window decal indicating
			 that it has been approved by the state patrol.
The decal will be furnished by the state patrol and affixed to
				the windshield on the lower right hand corner by the inspector.
(2) Reinspections of approved vans
			 will be conducted at least once a year by an inspector.
(a) Upon subsequent inspections, the
			 inspector may remove the decal from the van if it is no longer found to be
			 qualified, subject to the following procedures:
(i) In the event of a safety-related defect
			 which would render the van a safety hazard upon the public highway, the decal
			 may be removed immediately by the inspector. Upon a protest by the operator
			 that the defect does not represent a safety hazard, the decal may not be
			 removed until such time as the defect is verified as a safety hazard by the
			 inspector's supervisor.
(ii) In the
			 event of missing or defective equipment which is not a safety hazard but is
			 required for initial approval, the inspector must issue a correction notice for
			 the defect. If after ten days the operator fails or refuses to repair the
			 defect, the decal may be removed.
(iii) Upon repair of a defect which has
			 previously caused removal of a decal, the inspector will reinspect the
			 equipment which had been defective. If the specified corrections have been
			 satisfactorily completed, the inspector will reapply another decal to the
			 windshield. In the event that the inspector is not readily available to
			 reinspect and reapply the decal, such other patrol officer as may be appointed
			 by the patrol may reinspect and reapply the decal. The reinspection and
			 reapplication will be done as soon as possible after the operator advises that
			 the defect has been repaired.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-110 - Certification

Current through Register Vol. 24-14, July 15, 2024
After inspection of the van, driver qualifications, and
				required equipment, the inspecting officer will certify one of the
				following:
(1) The van operation of
			 the applicant fully conforms to the requirements established by this
			 rule.
(2) The van operation of the
			 applicant does not fully conform to the requirements. The deficiencies will be
			 listed on the inspection form. The operator will be informed of the
			 deficiencies by the inspector. The operator may reapply to the inspector or the
			 ESR when he/she has corrected the deficient areas and request another
			 inspection.
Upon certification of compliance by the inspector and after all
				other requirements of this regulation have been met, the ESR will issue a
				permit to the applicant.
A copy of the current permit must be posted in the place of
				business of the applicant, and carried in each vehicle at all times.
Failure of the operator to comply with any of the various
				regulations in this chapter may result in cancellation of the operator's permit
				by the ESR.
Statutory Authority:
				  RCW
				  46.37.005, 46.37.197, and
				  46.52.120. 09-18-072, §
				  204-93-110, filed 8/31/09, effective 10/1/09. Statutory Authority:
				  RCW
				     47.52.120. 90-18-049, § 204-93-110,
				  filed 8/30/90, effective 9/30/90. Statutory Authority:
				  RCW
				     47.52.120 and
				  46.37.005. 85-20-090 (Order
				  002-85), § 204-93-110, filed
				  10/1/85.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-120 - Free service

Current through Register Vol. 24-14, July 15, 2024
All services provided to a disabled motorist at the location of
				the disablement must be free. This will include any vehicle repair parts that
				may be furnished by the operator.
Statutory Authority:
				  RCW
				  46.37.005, 46.37.197, and
				  46.52.120. 09-18-072, §
				  204-93-120, filed 8/31/09, effective 10/1/09. Statutory Authority:
				  RCW
				     47.52.120 and
				  46.37.005. 85-20-090 (Order
				  002-85), § 204-93-120, filed
				  10/1/85.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-130 - Notification to law enforcement agencies

Current through Register Vol. 24-14, July 15, 2024
The appropriate law enforcement agency must be notified of the
				following circumstances:
(1) Motor
			 vehicle accidents
(2) Ill or
			 incapacitated motorists
(3)
			 Intoxicated motorists
(4) If a
			 disabled vehicle is to be left on the highway shoulder and the driver is to be
			 transported away from the scene.
Statutory Authority:
				  RCW
				  46.37.005, 46.37.197, and
				  46.52.120. 09-18-072, §
				  204-93-130, filed 8/31/09, effective 10/1/09. Statutory Authority:
				  RCW
				     47.52.120 and
				  46.37.005. 85-20-090 (Order
				  002-85), § 204-93-130, filed
				  10/1/85.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-140 - Restrictions to van operation and movement on highway

Current through Register Vol. 24-14, July 15, 2024
Any van authorized under this section must:
(1) Not travel in high-occupancy vehicle lane
			 unless traveling to assist a disabled vehicle.
(2) Not travel in the wrong direction on any
			 highway or on/off ramps of highway, unless directed by a law enforcement
			 officer.
(3) Safely push a disabled
			 vehicle only to the nearest safe highway shoulder area.
(4) Not tow disabled vehicles for any
			 distance.
(5) Obey all "rules of
			 the road" as defined by
			 chapter
			 46.61 RCW with the
			 exception of
			 RCW
			    46.61.570 and
			 46.61.575 as they relate to
			 stopping, standing, or parking restrictions on public highways.
(6) Obey
			 RCW
			    47.52.120, except section (5) as it relates
			 to the stopping or parking of a vehicle on a limited access highway
			 facility.
Statutory Authority:
				  RCW
				  46.37.005, 46.37.197, and
				  46.52.120. 09-18-072, §
				  204-93-140, filed 8/31/09, effective 10/1/09. Statutory Authority:
				  RCW
				     47.52.120 and
				  46.37.005. 85-20-090 (Order
				  002-85), § 204-93-140, filed
				  10/1/85.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-150 - Record of assistance furnished

Current through Register Vol. 24-14, July 15, 2024
Each van operator must maintain a permanent daily log or record
				of all assistance furnished to disabled motorists. These records will be made
				available to the inspector, any law enforcement officer, or ESR upon request.
				This record must include, but is not limited to, the following items:
(1) Van driver's name
(2) Location and time of assistance
(3) Vehicle license number of vehicle
			 assisted
(4) Type of assistance
			 given
(5) Date and time of day that
			 van is placed in service and taken out of service.
Statutory Authority:
				  RCW
				  46.37.005, 46.37.197, and
				  46.52.120. 09-18-072, §
				  204-93-150, filed 8/31/09, effective 10/1/09. Statutory Authority:
				  RCW
				     47.52.120. 90-18-049, § 204-93-150,
				  filed 8/30/90, effective 9/30/90. Statutory Authority:
				  RCW
				     47.52.120 and
				  46.37.005. 85-20-090 (Order
				  002-85), § 204-93-150, filed
				  10/1/85.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-160 - Driver's clothing

Current through Register Vol. 24-14, July 15, 2024
The van driver must wear clothing that identifies the operator
				or primary sponsor.
(1) This must
			 include:
(a) A legible name tag.
(b) Clothing maintained in a presentable and
			 clean manner.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-93 - Assistance vans › Section 204-93-170 - Revocation or suspension

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Violation of any of these regulations will be grounds for suspension or
			 revocation of the permit. Notice will be furnished to the applicant at least
			 twenty days prior to the effective date of such suspension or revocation. The
			 notice will describe the grounds for the order and will furnish the applicant
			 an opportunity to be heard within the twenty-day period. The notice may provide
			 for immediate suspension of the permit prior to any hearing, or the patrol may
			 suspend the permit following the hearing but prior to final determination, if
			 it is necessary to do so in the interests of the public health, safety, or
			 welfare.
(2) The chief law
			 enforcement officer of each primary jurisdiction in which the vehicle is
			 operated as an assistance van may revoke his certification of the vehicle by
			 notifying the patrol in writing of such revocation and their reasons therefore.
			 Following notice to the applicant and an opportunity to be heard, the permit
			 may be invalidated by the patrol.
(3) Mailing by certified mail of any notice
			 or correspondence by the patrol to the last address of the applicant shown on
			 his/her application will be sufficient service of notice as required by this
			 chapter.
Statutory Authority:
				  RCW
				  46.37.005, 46.37.197, and
				  46.52.120. 09-18-072, §
				  204-93-170, filed 8/31/09, effective
				  10/1/09.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-95 - Limousine businesses › Section 204-95-030 - Fees

Current through Register Vol. 24-14, July 15, 2024
(1) The fee for
			 each vehicle inspection will be $25.00. The department of licensing, as
			 authorized in
			 RCW
			    46.72A.030 and
			 46.72A.090, will charge the
			 inspection fees on behalf of the inspecting agency, except a city or port that
			 meets the criteria in chapter 46.72A RCW may collect the fee at the time of the
			 inspection.
(2) When required for a
			 limousine carrier business license applicant, licensee, or limousine chauffeur,
			 the background check will consist of a background check as allowed through the
			 Washington state Criminal Records Privacy Act under
			 RCW
			    10.97.050, the Washington state patrol
			 criminal identification system under
			 RCW
			    43.43.832 through
			 43.43.834 as outlined in WAC
			 308-87-070. Pursuant to
			 RCW
			    43.43.742, the applicant, driver, or employer
			 will pay cost associated with the record check.
Statutory Authority:
				  RCW
				  46.37.005 and
				  46.37.320. 12-03-082, §
				  204-95-030, filed 1/13/12, effective 2/13/12. Statutory Authority:
				  RCW
				  46.37.005. 02-21-001, § 204-95-030,
				  filed 10/2/02, effective 11/2/02. Statutory Authority:
				  RCW
				     46.72A.030. 97-03-127, § 204-95-030,
				  filed 1/22/97, effective 2/22/97.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-95 - Limousine businesses › Section 204-95-080 - Annual inspections, safety of equipment

Current through Register Vol. 24-14, July 15, 2024
(1) Upon the request of a limousine carrier
			 business license applicant or licensee applying for the initial issuance, or
			 annual renewal of their limousine vehicle certificate(s) with the department of
			 licensing, the inspecting agency as outlined in
			 RCW
			    46.72A.030 will conduct a safety inspection
			 of the vehicle(s) to be used in the limousine service. Applicants and licensees
			 must present their limousine vehicle(s) at an inspection site established by
			 the inspection agency, by appointment. The limousine vehicle must pass the
			 inspection to qualify for initial issuance or renewal of the limousine vehicle
			 certificate by the department of licensing. The vehicle inspection will consist
			 of the following:
(a) Verification of vehicle
			 liability insurance and current vehicle registration.
(b) Check of all standard equipment for
			 vehicles for conformance with requirements as outlined in
			 chapter
			 46.37 RCW, to include:
			 Brake equipment, functional brake performance test, wheel systems, steering and
			 suspension, fuel system, exhaust system, lighting and signal system, visibility
			 system, window safety glazing and sunscreening or coloring, body components,
			 horn, doors, hood, trunk latch, seatbelts, and bumpers.
(c) Review of interior condition and
			 cleanliness.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-96 - Vehicle impounds › Section 204-96-010 - Vehicle impounds

Current through Register Vol. 24-14, July 15, 2024
(1) When a
			 driver of a vehicle is arrested for a violation of
			 RCW
			    46.20.342, the arresting officer may, in
			 his/her own discretion, considering reasonable alternatives, cause the vehicle
			 to be impounded.
(a) When an arrest is made
			 for violation of
			 RCW
			    46.20.342 and the vehicle is a commercial
			 vehicle, the driver of the vehicle is not the owner of the vehicle, the owner
			 was not in the vehicle at the time, and the owner has not received a prior
			 release under
			 RCW
			    46.55.113(3) or
			 46.55.120(1)(a)(ii),
			 prior to impounding the vehicle the officer will attempt in a reasonable and
			 timely manner to contact the owner of the vehicle and may release the vehicle
			 to the owner if the owner is reasonably available.
(b) If the driver is arrested for a violation
			 of RCW
			    46.20.342(1)(c) (3rd degree
			 suspended/revoked) and has no convictions for violations of
			 RCW
			    46.20.342 in the past five years, the vehicle
			 may be impounded, but no suspended driver hold will be placed on the vehicle.
			 If the driver is also the registered owner then the vehicle will be held until
			 all outstanding penalties, fines, and forfeitures owed by him/her are
			 satisfied. The driver/registered owner must present proof from a court of law
			 that he/she has no outstanding penalties, fines, or forfeitures.
(c) If the driver is arrested for a violation
			 of RCW
			    46.20.342(1)(c) (3rd degree
			 suspended/revoked) and has any prior convictions for violations of
			 RCW
			    46.20.342 in the past five years, the vehicle
			 may be held for thirty days.
(d) If
			 the driver of the vehicle is arrested for a violation of
			 RCW
			    46.20.342(1)(a) or (b)    (1st
			 or 2nd degree suspended/revoked) and has no convictions for violations of
			 RCW
			    46.20.342 in the past five years, the vehicle
			 may be held for thirty days.
(e) If
			 the driver of the vehicle is arrested for a violation of
			 RCW
			    46.20.342(1)(a) or (b)    (1st
			 or 2nd degree suspended/revoked) and has been convicted of a violation of
			 RCW
			    46.20.342(1)(a) or (b)    in
			 the past five years, the vehicle may be held for sixty days.
(f) If the driver of the vehicle is arrested
			 for a violation of
			 RCW
			    46.20.342(1)(a) or (b)    (1st
			 or 2nd degree suspended/revoked) and has been convicted of a violation of
			 RCW
			    46.20.342(1)(a) or (b)    two
			 or more times in the past five years, the vehicle may be held for ninety
			 days.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-96 - Vehicle impounds › Section 204-96-030 - Impound form

Current through Register Vol. 24-14, July 15, 2024
A uniform Washington state tow/impound and inventory record
				form established under
				RCW
				   46.55.075 as outlined in this chapter will be
				made available through the office of the state printer.
Statutory Authority:
				  RCW
				  46.55.075. 12-03-081, § 204-96-030,
				  filed 1/13/12, effective 2/13/12.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-04 - General provisions › Section 208-04-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter:
(1) "Department" means the department of
					financial institutions.
(2)
					"Director" means director of the department.
(3) "Financial institution" means any bank,
					consumer loan company, credit union, foreign bank branch, savings bank, savings
					and loan association, trust company or department, securities broker-dealer,
					investment advisor, or similar lending institution under the department's
					direct jurisdiction.
Statutory Authority: RCW 43.19.080. 94-09-010, §
										208-04-010, filed 4/11/94,
							effective 5/12/94.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-04 - General provisions › Section 208-04-020 - Purpose; effective date

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to implement RCW 43.19.080,
						which regulates the manner by which the director and employees of the
						department may lawfully borrow money from financial institutions under the
						jurisdiction of the department. This chapter applies to loans and material
						changes to loans made on or after October 1, 1993.
Statutory Authority: RCW 43.19.080. 94-09-010, §
										208-04-020, filed 4/11/94,
							effective 5/12/94.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-010 - Application of this chapter

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to all adjudicative proceedings under the
						jurisdiction of the department of financial institutions or the director of the
						department of financial institutions. This chapter does not apply to
						investigations conducted under the authority granted by the acts administered
						by the department.
Statutory Authority:
							RCW
							43.320.040 and
							34.05.250. 96-11-035, §
										208-08-010, filed 5/6/96,
							effective 6/6/96.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-020 - Adoption of rules of procedure

Current through Register Vol. 24-14, July 15, 2024
(1) The department adopts the model rules of
					procedure as set forth in WAC
					10-08-035 through
					10-08-230, as amended. If there is
					a conflict between the model rules and this chapter, the rules in this chapter
					govern. Wherever the term "agency" appears in the model rules it means the
					department of financial institutions.
(2)
Brief adjudicative
					proceedings.
The department specifically adopts the criteria and
					procedures for brief adjudicative proceedings contained in
					RCW
					   34.05.482 through
					34.05.494.
(3)
Securities division rules.
If there is a conflict between Title 460 WAC and these rules, Title 460 WAC
					governs.
Statutory Authority:
							RCW
							   43.320.040 and
							34.05.250. 96-11-035, §
										208-08-020, filed 5/6/96,
							effective 6/6/96.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-025 - Electronic service

Current through Register Vol. 24-14, July 15, 2024
(1) Any party
					may elect to be served by electronic transmission (fax or email) upon waiver of
					service by other lawful means.
(2)
					As used in this chapter, "fax" means electronic telefacsimile
					transmission.
(3) The waiver must
					be in writing, filed with all parties and the presiding officer, and provide
					the fax number or email address to be used for service. The waiver does not
					preclude any party from effecting service by other lawful means, and can be
					revoked upon written notice to all parties and the presiding officer. A party
					agreeing to accept service by email must utilize an email program that
					generates a delivery receipt for proof of service.
(4) The waiver permits the other parties and
					the presiding officer to serve via electronic transmission as described in this
					section in lieu of the means of service set forth in WAC
					10-08-110(2)(b).
(5) Service by fax is complete upon
					production by the fax machine of confirmation of transmission. Proof of service
					by fax is the successful "confirmation of transmission" or similar document
					showing successful transmission to the fax number provided with the
					waiver.
(6) Service by email is
					complete upon transmission to the email address provided with the waiver. Proof
					of service by email is successful upon the sender receiving a delivery receipt
					or similar document showing successful transmission to the email address
					provided with the waiver.
(7)
					Should the transmitting party receive notification within twenty-four hours
					that a fax or email was not delivered, the waiver is void, service is not
					perfected, and must be made pursuant to WAC
					10-08-110(2)(b).
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-030 - Appearance and practice before the department

Current through Register Vol. 24-14, July 15, 2024
(1) Only the following persons may appear in
					a representative capacity before the department or presiding officer:
(a) Attorneys entitled to practice before the
					supreme court of the state of Washington.
(b) Attorneys entitled to practice before the
					highest court of record of another state, United States territory, or the
					District of Columbia, if attorneys are permitted to appear in a representative
					capacity before administrative agencies of that state, United States territory,
					or the District of Columbia, and if not otherwise prohibited by the laws of
					this state.
(c) A bona fide
					officer, partner, or full-time employee of an individual firm, association,
					partnership, or corporation who appears for such individual firm, association,
					partnership, or corporation.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-040 - Notice of appearance or withdrawal

Current through Register Vol. 24-14, July 15, 2024
(1)
Appearance.
Each attorney or
					other representative must file a written notice of appearance with the
					department and the presiding officer and must serve a notice of appearance on
					all attorneys and representatives then of record and on all unrepresented
					parties. The notice must contain the name, address and telephone number of the
					attorney or representative and the name, address, and telephone number of each
					party represented.
(2)
Withdrawal.
Any attorney or representative who withdraws from
					representing a party must file a written notice of withdrawal with the
					department and the presiding officer and must serve the notice of withdrawal on
					all attorneys and representatives then of record and on all unrepresented
					parties. The notice must contain the effective date of the withdrawal, the
					current name, address, and telephone number of each party who will no longer be
					represented, and, if known, the name of the person who will represent the party
					from that time forward. Withdrawal of a party's attorney or representative
					after the service of a notice of hearing is not grounds for the continuance of
					the hearing unless good cause is shown.
Statutory Authority:
							RCW
							   43.320.040 and
							34.05.250. 96-11-035, §
										208-08-040, filed 5/6/96,
							effective 6/6/96.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-050 - Requests for adjudicative hearing

Current through Register Vol. 24-14, July 15, 2024
(1)
Where filed-Form.
All
					requests for an adjudicative hearing must be filed with the department on the
					form provided by the department or on a form that is substantially
					similar.
(2)
Time limits for
					request.
The department must receive the request for an adjudicative
					hearing no later than twenty calendar days after the department serves the
					respondent with a written notice of an opportunity to request a hearing on the
					department's action or contemplated action. Service upon the respondent is
					completed when made in accordance with WAC
					10-08-110(2) and
					(3), 208-08-025, or as provided by the
					statute under which the department initiated the action. If the statute under
					which the department initiated the action specifically provides for a different
					time limit, the time limit in that statute governs unless it has been
					superseded by the Administrative Procedure Act, chapter 34.05 RCW, but in no
					case can the time limit for requesting an adjudicative hearing be less than
					twenty calendar days.
(3)
Failure to request hearing.
Failure of a respondent to file an
					application for an adjudicative hearing within the time limit set forth in
					subsection (2) of this section constitutes a default and results in the loss of
					the respondent's right to an adjudicative hearing. When a respondent defaults,
					the department may proceed to resolve the case pursuant to
					RCW
					   34.05.440(1).
Statutory Authority:
							RCW
							   43.320.040 and
							34.05.250. 96-11-035, §
										208-08-050, filed 5/6/96,
							effective 6/6/96.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-053 - Submission of answer to department

Current through Register Vol. 24-14, July 15, 2024
(1)
Answer to statement of
					charges.
Each respondent must file an answer to the department's
					statement of charges. The answer must be filed with the department no later
					than thirty days after the respondent's request for an adjudicative hearing
					unless the parties agree in writing to a longer time period.
(2)
Contents of answer.
The
					answer must state whether each of the factual allegations in the statement of
					charges is admitted, denied, or not contested, and must include a summary of
					the party's position on each factual allegation denied.
(3)
Effect of admission or no
					contest.
When a factual allegation is admitted or not contested, it is
					deemed to be conclusive for all further proceedings between the department and
					the respondent in regard to the statement of charges.
(4)
Failure to file answer.
Failure by the respondent to file an answer within the time limit constitutes a
					default and, upon motion by the department, results in the loss of the
					respondent's right to an adjudicative hearing on the statement of
					charges.
(5)
Curing the
					default.
A respondent may cure the default by filing and serving an
					answer prior to the hearing on the motion for default. Notice of the motion for
					default must be served on respondent at least seven days prior to the hearing
					on the motion. When a respondent defaults, the department may proceed to
					resolve the case as to that respondent pursuant to
					RCW
					   34.05.440(2).
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-055 - Authority of administrative law judge

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to the authority provided
					under chapter 10-08 WAC, the administrative law judge has the following
					authority:
(a) To make negative inferences
					based upon discovery violations;
(b) To schedule hearings on temporary orders
					to cease and desist within fourteen days of receipt of such request by the
					department;
(c) To determine
					whether the applicable statutes or rules authorize the imposition of punitive
					or remedial sanctions by the director; and
(d) To determine whether the applicable
					statutes or rules authorize the imposition of fines, costs, fees, or any
					combination thereof, by the director.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-060 - Discovery

Current through Register Vol. 24-14, July 15, 2024
(1)
Application of superior court civil rules.
(a) When applicable and not in conflict with
					this section, civil rules 26 through 34 and rule 36 of the Washington state
					superior court civil rules apply.
(b) Civil rule 45 may be applied to the
					extent set forth in civil rules 30 and 31.
(c) Civil rules not set forth in this
					subsection do not apply unless they are referred to by one of the civil rules
					enumerated in this subsection.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-070 - Production of documents to parties

Current through Register Vol. 24-14, July 15, 2024
(1)
Place of production.
When
					production of documents is allowed, they will be produced for inspection and
					copying at the department's headquarters, at such other place as the parties
					may agree in writing, or as the presiding officer orders.
(2) Removal from the department's
					headquarters by agreement. In the case of documents produced by the department,
					a party may not remove the documents from the department's offices other than
					by written agreement of the department. This agreement must specify the
					document subject to the agreement, the date for return of the document, and any
					other terms or conditions as are appropriate to provide for the safe keeping of
					the documents.
(3)
Copying
					procedures and charges.
The party requesting production may photocopy
					any documents produced. The requesting party is responsible for the cost of
					photocopying. The documents produced by the department may be copied at the
					department's offices or such other places as the parties may agree. Charges for
					copies made by the department for a requesting party will be at a rate agreed
					upon by the parties, or as ordered by the presiding officer.
Statutory Authority:
							RCW
							   43.320.040 and
							34.05.250. 96-11-035, §
										208-08-070, filed 5/6/96,
							effective 6/6/96.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-080 - Depositions upon oral examination

Current through Register Vol. 24-14, July 15, 2024
(1)
Recording, signing, and filing of
					transcripts.
If a deposition is allowed, it shall be recorded, including
					all questions and objections. If one of the parties orders a transcript, the
					testimony must be transcribed verbatim under the direction of the court
					reporter, who must certify the transcript. The witness must sign the transcript
					or waive signature. If a deposition is transcribed, the court reporter must
					file the original transcript and any exhibits to it with the presiding officer.
					The witness and any party may purchase a copy of the transcript from the court
					reporter.
(2)
Cost.
The party requesting the deposition must pay the cost of the deposition,
					including any sitting or facility fee. A party ordering a copy of a transcript
					must make appropriate arrangements to pay the court reporter.
(3)
Videotaping of depositions.
If a videotaped deposition is allowed, Superior Court Civil Rule 30 (b)(8)
					applies.
Statutory Authority:
							RCW
							   43.320.040 and
							34.05.250. 96-11-035, §
										208-08-080, filed 5/6/96,
							effective 6/6/96.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-083 - Authentication of evidence

Current through Register Vol. 24-14, July 15, 2024
(1)
Production of documents - Self-authenticating.
A party's
					production of a document in response to written discovery or other legal
					process authenticates the document for use against that party in any prehearing
					proceeding or at hearing unless, within ten days after the producing party has
					actual notice that the document may be used, the party objects to the
					authenticity of the document, or any part of it, stating the specific basis for
					objection.
(2)
Objection.
An objection must be either on the record or in writing
					and must have a good faith factual and legal basis. An objection made to the
					authenticity of only part of a document does not affect the authenticity of the
					remainder. If objection is made, the party attempting to use the document must
					be given a reasonable opportunity to establish its authenticity.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-085 - Validity of unsworn declaration

Current through Register Vol. 24-14, July 15, 2024
(1) If a law of this state requires or
					permits use of a sworn declaration, an unsworn declaration meeting the
					requirements of this section has the same effect as a sworn declaration if it:
(a) Recites that it is certified or declared
					by the person to be true under penalty of perjury;
(b) Is subscribed by the person;
(c) States the date and place of its
					execution; and
(d) States that it
					is so certified or declared under the laws of the state of
					Washington.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-090 - Submission on stipulated facts

Current through Register Vol. 24-14, July 15, 2024
(1)
Department's agreement.
With the agreement of the department, a
					party may waive a hearing and submit its case upon stipulated facts and
					briefs.
(2)
Sufficiency of
					evidence required.
Submission of a case without a hearing does not
					relieve the parties from the necessity of proving the facts supporting their
					allegations or defenses.
(3)
Review by presiding officer.
The presiding officer will review the
					submissions of the parties and must enter a proposed order, including findings
					of fact and conclusions of law.
(4)
Submission to director or designee.
If the parties agree, they may
					submit the stipulated facts to the director or designee for a final order,
					bypassing the presiding officer.
Statutory Authority:
							RCW
							   43.320.040 and
							34.05.250. 96-11-035, §
										208-08-090, filed 5/6/96,
							effective 6/6/96.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-100 - Consolidation of proceedings

Current through Register Vol. 24-14, July 15, 2024
If there are multiple adjudicative proceedings involving common
						issues, the department or a party may notify the presiding officer of the
						common issues and request consolidation of the actions. If no other party
						objects, the presiding officer shall consolidate the proceedings. If another
						party objects, the presiding officer, in his or her discretion, may consolidate
						the proceedings.
Statutory Authority:
							RCW
							43.320.040 and
							34.05.250. 96-11-035, §
										208-08-100, filed 5/6/96,
							effective 6/6/96.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-110 - Prehearing conferences

Current through Register Vol. 24-14, July 15, 2024
The department encourages the use of prehearing conferences.
						If a party requests a prehearing conference, the presiding officer will grant
						the request unless good cause is shown for not holding a prehearing conference.
						WAC 10-08-130 governs the conduct of
						prehearing conferences.
Statutory Authority:
							RCW
							   43.320.040 and
							34.05.250. 96-11-035, §
										208-08-110, filed 5/6/96,
							effective 6/6/96.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-120 - Informal settlements

Current through Register Vol. 24-14, July 15, 2024
The department encourages informal settlement of matters
						before the agency. Any party who believes their interest in an adjudicative
						proceeding may be settled informally may contact the department's designated
						representative and communicate their settlement proposal to the designated
						representative. The department specifically adopts WAC
						10-08-230 setting forth procedures
						for informal settlements.
Statutory Authority:
							RCW
							   43.320.040 and
							34.05.250. 96-11-035, §
										208-08-120, filed 5/6/96,
							effective 6/6/96.
Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-08 - Adjudicative procedures › Section 208-08-130 - Prehearing and posthearing memoranda

Current through Register Vol. 24-14, July 15, 2024
The presiding officer shall grant all timely requests to submit
						prehearing and posthearing memoranda and shall set a reasonable time for the
						submission of the memoranda. If a party files a posthearing memorandum, the
						opposing party has the right to file a response.
Statutory Authority:
							RCW
							43.320.040 and
							34.05.250. 96-11-035, §
										208-08-130, filed 5/6/96,
							effective 6/6/96.