Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-24-001.

     Title of Rule: Chapter 308-56A WAC, Certificate of title -- Motor vehicles, etc.

     Purpose: 1. To meet the criteria set forth in Governor Locke's Executive Order 97-02.

     2. To clarify rules and help make them more comprehensible.

     Statutory Authority for Adoption: RCW 46.01.110, 46.12.101, 88.02.070.

     Summary: Amend WAC 308-56A-021 Assessment criteria for penalty fee.

     Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.

     Name of Agency Personnel Responsible for Drafting: Katherine Iyall Vasquez, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, (360) 902-4045.

     Name of Proponent:

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The anticipated effects will be a clarification of the above-mentioned requirements.

     Proposal Changes the Following Existing Rules: Clarify sections needed and repeal those no longer required.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on business in an industry.

     RCW 34.05.328 does not apply to this rule adoption. The contents of the proposed rules are explicitly and specifically dictated by statute.

     Hearing Location: Highways-Licenses Building, Conference Room 107, 1125 Washington Street S.E., Olympia, WA 98507, on April 23, 2003, at 1:30 p.m.

     Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by April 22, 2003, TTY (360) 664-8885 or (360) 902-3718.

     Submit Written Comments to: Katherine Iyall Vasquez, Rules Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by April 22, 2003.

     Date of Intended Adoption: May 20, 2003.

March 18, 2003

D. McCurley, Administrator

Title and Registration Services

by Katherine Vasquez

OTS-6246.2

AMENDATORY SECTION(Amending WSR 01-08-022, filed 3/27/01, effective 4/27/01)

WAC 308-56A-021   Assessment criteria for penalty fee.   (1) What is the penalty fee? When a used Washington registered vehicle ((with a Washington certificate of ownership)) is sold, the purchaser has fifteen days from the date of delivery of the vehicle to transfer the vehicle ownership into their name. If they wait until the 16th day or later from the date of sale, a penalty fee may be assessed as described in RCW 46.16.101(6) unless the purchaser qualifies for exemption from penalty as set forth in subsection (2) of this section.

     (2) Are there exceptions to when a penalty fee may be assessed when applying for certificate of ownership on the 16th day from the date of sale or later as described in RCW 46.12.101(6)? Yes, if:

     (a) The vehicle was delivered to the purchaser after the date of sale indicated on the supporting documents;

     (b) There are conflicting dates on supporting documents;

     (c) There is no date on the certificate of ownership or other supporting documents;

     (d) The date on the certificate of ownership has been altered;

     (e) The purchaser is incarcerated or sequestered by a judiciary system;

     (f) The purchaser files a seller's report of sale thinking they have filed an application to transfer certificate of ownership;

     (g) The purchaser of a vehicle sells it before transferring ownership into their name and the new purchaser can prove they purchased the vehicle within fifteen days of making application; ((or))

     (h) The director, or their designee, determines other reasons are valid;

     (i) The delay in making application is due to the department requesting additional supporting documents;

     (j) Extended hospitalization or illness of the purchaser;

     (k) Failure of the legal owner to release his or her interest in the vehicle; or

     (l) Due to an action of the department, auditor or subagent.

Note:

((Subsection (2)(a) through (g) of this section require)) When an exception to the penalty fee requirement is made, an affidavit attesting to the actual date of delivery and the reason or reasons for exception to the penalty is required.

     (3) When are penalty fees for late application for certificate of ownership not assessed? Penalty fees are not assessed for late application for certificate of ownership under the following conditions:

     (a) The vehicle is not motorized;

     (b) The vehicle is sold by a Washington dealer (dealer report of sale box on the application is completed);

     (c) A Washington record cannot be found;

     (d) Department of licensing records indicate the vehicle has been destroyed;

     (e) The vehicle is being titled as home made or assembled for the first time;

     (f) The vehicle is acquired as a result of:

     (i) Inheritance or community property;

     (ii) Divorce settlement;

     (iii) Other legal action affecting ownership of the vehicle;

     (iv) Lease buyout;

     (g) The vehicle is a snowmobile; or

     (h) The director, or designee, determines other reasons are valid.

[Statutory Authority: RCW 46.01.110, 88.02.070 and 88.02,100 [88.02.100]. 01-08-022, § 308-56A-021, filed 3/27/01, effective 4/27/01. Statutory Authority: RCW 46.01.110 and 46.12.101. 00-20-065, § 308-56A-021, filed 10/3/00, effective 11/3/00; 98-12-099, § 308-56A-021, filed 6/3/98, effective 7/4/98. Statutory Authority: RCW 46.01.110 and 46.12.101 as amended by 1987 c 127 § 1. 87-21-012 (Order TL/RG/36), § 308-56A-021, filed 10/9/87.]

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