WSR 04-21-049

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed October 18, 2004, 1:16 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-18-040.

Title of Rule and Other Identifying Information: Chapter 308-56A WAC, Certificates of title--Motor vehicles, etc., WAC 308-56A-505 Elimination of manufactured home certificate of ownership.

Hearing Location(s): Department of Licensing, Conference Room 107, 1125 Washington Street S.E., Olympia, WA 98507, on November 23, 2004, at 11 a.m.

Date of Intended Adoption: December 21, 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 November 22, 2004.

Assistance for Persons with Disabilities: Contact Dale R. Brown by November 22, 2004, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The last amendment to WAC 308-56A-505(5) existing reference to a $25.00 fee was deleted although the regulation continued to indicate that a fee would be charged for manufactured home certificate of title elimination. This proposed rule would clarify the statutory requirement for a fee amount to be set in rule.

Reasons Supporting Proposal: This proposal will provide the public with a clear statement of fee and other requirements.

Statutory Authority for Adoption: RCW 65.20.090.

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

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting: Katherine Iyall Vasquez, 1125 Washington Street S.E., Olympia, WA, (360) 902-3718; Implementation and Enforcement: Lynda Henriksen, 1125 Washington Street S.E., Olympia, WA, (360) 902-3811.

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.

October 18, 2004

Steve Boruchowitz

Policy and Projects Office

OTS-7582.1


AMENDATORY SECTION(Amending WSR 04-08-081, filed 4/6/04, effective 5/7/04)

WAC 308-56A-505   Elimination of manufactured home certificate of ownership (title) -- Eligibility.   (1) May I eliminate the certificate of ownership (title) on my manufactured home? You may eliminate the certificate of ownership (title) on your manufactured home provided you own or are purchasing the manufactured home and the land to which it is affixed as defined in RCW 65.20.020 and 65.20.030.

(2) How do I apply to eliminate the certificate of ownership on my manufactured home? You must complete, record and submit a manufactured home application. The application to eliminate the certificate of ownership under chapter 46.12 RCW, and record ownership as real property under chapter 65.20 RCW or to transfer ownership in real property to a title under chapter 46.12 RCW, must be signed by all persons having an interest in the land and the manufactured home as defined in RCW 65.20.020.

(3) What conditions must be met before the certificate of ownership can be eliminated? The following conditions must be met before the certificate of ownership will be eliminated:

(a) The manufactured home must be affixed or be in the process of being affixed to the land.

(b) The building permit office certification box on the elimination application must be completed by the issuing authority stating that the home was affixed or that a building permit has been issued for this purpose as described in RCW 65.20.040(3).

(c) If a title company is involved in the elimination transaction, they must certify that the legal description of the land is true and correct per real property records.

(d) The county auditor's recording office must certify that the manufactured home application has been completed correctly and that the applicant has sufficient documentation to proceed with recording the application.

(e) The completed application must be recorded with the county auditor's office in the county where the manufactured home and land are located.

(f) After recording, the original or a certified copy of the elimination application and any other documents required by the department must be submitted to a vehicle licensing office to complete the elimination process with the appropriate fees. A confirmation letter is sent from the department confirming the elimination of the certificate of ownership.

(g) Failure to finalize the elimination process with a vehicle licensing office will render the elimination incomplete until such time the original or certified copy of the recorded application and any other documents required by the department are submitted to a vehicle licensing office with the appropriate fees.

(4) How do I complete the elimination of my manufactured home certificate of ownership with the department? ((You must submit the recorded manufactured home application)) After recording the original or a certified copy of the elimination application and any other documents required, it must be submitted to the department for processing and pay the applicable fees. After it has been processed, you will receive a confirmation letter from the department that your manufactured home certificate of ownership has been eliminated.

(5) What are the fees for elimination of a manufactured home title? The fees for elimination of a manufactured home title are as follows:

(a) Fees as provided in RCW 46.01.140 for each application.

(b) Fees as provided in RCW 46.12.040 for each application.

(c) A fee for each application to transfer a new or used manufactured home as provided in RCW 59.22.080.

(d) A fee of twenty-five dollars for each application to ((defray)) cover the cost of processing documents and performing services as ((required by chapter 65.20)) described in RCW 65.20.090.

[Statutory Authority: RCW 46.01.110. 04-08-081, 308-56A-505, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 65.20.110. 01-11-069, 308-56A-505, filed 5/14/01, effective 6/14/01; 00-06-004, 308-56A-505, filed 2/18/00, effective 3/20/00; 90-11-091, 308-56A-505, filed 5/18/90, effective 6/18/90.]

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