WSR 06-19-023

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF LICENSING


[ Filed September 11, 2006, 1:59 p.m. ]

Subject of Possible Rule Making: Chapter 308-56A WAC, Certificates of title -- Motor vehicles, etc., and chapter 308-93 WAC, Vessel registration and certificate of title, to include but not limited to WAC 308-56A-310 Personal property lien -- Chattel and 308-93-445 Personal property lien -- Chattel.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 88.02.070 and 88.02.100.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Subsection (3)(a) of these rules say a court order is required when the vehicle/vessel is no longer in the possession of the person claiming the lien. However, RCW 60.08.010 says the chattel lien is valid even if the chattel is returned to the owner. RCW 60.08.020 also says a person has ninety days from the date of delivery of the chattel to the owner to file the lien. A rule change is required to bring these rules into compliance with applicable laws.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Committee with stakeholder review.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Dale R. Brown, Management Analyst, Vehicle Services, Assistant Director's Office, Mailstop 48200, P.O. Box 2956, Olympia, WA 98507-2957, or by phone (360) 902-4020, fax (360) 902-0140, TTY (360) 664-8885, e-mail DBROWN@dol.wa.gov.

September 11, 2006

Eric Andersen

for Julie Knittle, Administrator

Title and Registration Services

Washington State Code Reviser's Office