WSR 04-14-016

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed June 28, 2004, 9:38 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-08-006.

Title of Rule and Other Identifying Information: Chapter 308-56A-250 Signature of registered owner on application -- Exceptions, to allow the department to correct a mistake on the record without needing the owner's signature again.

Hearing Location(s): Department of Licensing, Conference Room, 1125 Washington Street S.E., Olympia, WA 98507, on August 13, 2004, at 10:00 a.m.

Date of Intended Adoption: September 7, 2004.

Submit Written Comments to: Dale R. Brown, P.O. Box 2957, 1125 Washington Street S.E., Olympia, WA 98507-2957, e-mail dbrown@dol.wa.gov, fax (360) 902-3827, by August 12, 2004.

Assistance for Persons with Disabilities: Contact Dale R. Brown by August 12, 2004, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify that the agency has authority to correct an error made by the department on a vehicle record without requiring the registered owner to resign the application.

This will have the effect of reducing the time to correct errors detected on vehicle records. It will also save the customer time and effort in case of an error made by the department.

Reasons Supporting Proposal: The department may leave something off or add something to a vehicle record that needs to be corrected. It should be the department's responsibility to correct such errors.

Statutory Authority for Adoption: RCW 46.16.110.

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

Name of Proponent:

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

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 businesses in the industry.

A cost-benefit analysis is not required under RCW 34.05.328. The contents of the proposed rules are explicitly and specifically dictated by statute.

June 28, 2004

Steve Boruchowitz

Policy and Projects Office

OTS-7325.1


AMENDATORY SECTION(Amending WSR 03-08-055, filed 3/31/03, effective 5/1/03)

WAC 308-56A-250   Signature of registered owner on application -- Exceptions.   (1) When is the signature of a registered owner(s) required? Each registered owner is required to sign the application for certificate of ownership except when:

(a) The application is for the sole purpose of removing a secured party of record from the certificate of ownership;

(b) Authorized supportive documentation is used in lieu of the signature or signatures;

(c) The legal owner applies for a duplicate certificate of ownership;

(d) There is a statutorily authorized lien filed by a government agency against the vehicle;

(e) An existing legal owner's perfected security interest is transferred to another party and the new secured party is perfecting its security interest;

(f) The department determines from a review of supporting documentation that the vehicle record must be corrected and a new certificate of ownership issued to correct an error made by the department.

(2) When is one signature acceptable on an application for certificate of ownership with multiple registered owners? Only one registered owner's signature is required when:

(a) The last certificate of ownership was issued in another jurisdiction; and

(b) The last certificate of ownership shows multiple registered owners; and

(c) Ownership is not changing.

[Statutory Authority: RCW 46.01.110. 03-08-055, 308-56A-250, filed 3/31/03, effective 5/1/03; 99-08-065, 308-56A-250, filed 4/5/99, effective 5/6/99; 92-15-024, 308-56A-250, filed 7/6/92, effective 8/6/92; Order MV 208, 308-56A-250, filed 7/31/74.]

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