Date of Adoption: May 4, 2004.
Purpose: Repealing subsection (2)(c) as the authority to determine final ownership rests solely with the courts as determined by due process not with the department.
Citation of Existing Rules Affected by this Order: Amending WAC 308-61-190 Unauthorized and abandoned vehicles.
Statutory Authority for Adoption: RCW 46.55.190.
Adopted under notice filed as WSR 04-06-004 on February 19, 2004.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
May 20, 2004
AMENDATORY SECTION(Amending WSR 02-20-035, filed 9/24/02, effective 10/25/02)
WAC 308-61-190 After sale. What documentation follows the abandoned vehicle auction and who may claim surplus auction funds?
(1) Following the auction of an abandoned vehicle the operator must give to the successful bidder an affidavit of sale, as defined, which must disclose the amount of the lien and the amount of the successful bid. The public auction shall terminate the ownership interest of prior owners, both registered owners and legal owners.
(2) The following guidelines shall apply in establishing a valid claim for surplus funds which have been remitted to the state as the result of the auctioning of abandoned vehicles pursuant to RCW 46.55.130 (2)(h):
(a) The claiming individual must show reasonable proof of their identity and the claim must be in writing and must be notarized.
(b) The claimant must have been the registered owner of the vehicle as reflected in the records of the department of licensing at the time the vehicle was auctioned. The person indicated as purchaser on a seller's report of sale, pursuant to RCW 46.12.101, will be considered the registered owner of record for purposes of this section.
(c) Any person whose claim is denied by the state shall
have the opportunity to request a departmental hearing as
provided in chapter 34.05 RCW.))
(3) The fifteen-day title transfer requirement provided for in RCW 46.55.130 (2)(f) shall not apply to properly licensed hulk haulers, scrap processors, and wreckers who have acquired the vehicle for salvage purposes in accordance with chapters 46.79 and 46.80 RCW.
[Statutory Authority: RCW 46.55.190. 02-20-035, § 308-61-190, filed 9/24/02, effective 10/25/02; 00-01-058, § 308-61-190, filed 12/10/99, effective 1/10/00; 90-01-060, § 308-61-190, filed 12/18/89, effective 1/18/90. Statutory Authority: Chapter 46.55 RCW. 86-03-011 (Order DLR-088), § 308-61-190, filed 1/6/86.]