WSR 06-20-044

EMERGENCY RULES

DEPARTMENT OF LICENSING


[ Filed September 27, 2006, 8:31 a.m. , effective September 27, 2006 ]


Effective Date of Rule: Immediately.

Purpose: Rule making is a result of subsections (3)(a) say [which says] 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.

Citation of Existing Rules Affected by this Order: Amending WAC 308-93-445 and 308-56A-310.

Statutory Authority for Adoption: RCW 88.02.070 and 88.02.100.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Correct an error with these two rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 24, 2006.

Liz Luce

Director

OTS-9226.1


AMENDATORY SECTION(Amending WSR 06-17-145, filed 8/22/06, effective 9/22/06)

WAC 308-56A-310   Personal property lien -- Chattel.   (1) What is a chattel lien? For the purposes of this section a chattel lien is a process by which a person may sell or take ownership of a vehicle when:

(a) They provide services or materials for a vehicle at the request of the registered owner; and

(b) The person who provided the services and/or materials has not been compensated.

(2) What documents are required to obtain a certificate of ownership for a vehicle? The required documents include:

(a) A completed affidavit of sale chattel lien form provided or approved by the department; and

(b) A certified copy of the lien filing that is filed with the county auditor; and

(c) A copy of the letter(s) sent by the lien applicant via first class mail, and certified or registered mail, to the registered and legal owners of record, including the return receipt; and

(d) ((A copy of the certified or registered mail, including the return receipt, to the address of the current registered and legal owners of the lien filing; and

(e))) Affidavit of service by mail; and

(((f))) (e) Application for certificate of ownership; and

(((g))) (f) Other documents that may be required by law or rule.

(3) When is a Washington court order required to issue a certificate of ownership as a result of a chattel lien? A Washington court order is required when:

(a) ((The vehicle is no longer in the possession of the person claiming the chattel lien; or

(b))) Someone other than the owner of record requested the services and/or materials; or

(((c))) (b) There is no record of the vehicle on file with the department((; or)).

(4) What laws regulate chattel liens? Chapter 60.08 RCW regulates chattel liens.

[Statutory Authority: RCW 46.01.110. 06-17-145, 308-56A-310, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 88.02.070 and 88.02.100. 01-21-071, 308-56A-310, filed 10/18/01, effective 11/18/01. Statutory Authority: RCW 46.01.110, 88.02.070 and 88.02,100 [88.02.100]. 01-08-022, 308-56A-310, filed 3/27/01, effective 4/27/01. Statutory Authority: RCW 46.01.110 and 46.12.101. 99-13-150, 308-56A-310, filed 6/21/99, effective 7/22/99; Order MV 208, 308-56A-310, filed 7/31/74.]

OTS-9227.1


AMENDATORY SECTION(Amending WSR 06-17-145, filed 8/22/06, effective 9/22/06)

WAC 308-93-445   Personal property lien -- Chattel.   (1) What is a chattel lien? For the purposes of this chapter, a chattel lien is a process by which a person may sell or take ownership of a vessel when:

(a) They provide services or materials for the vessel at the request of the registered owner; and

(b) The person who provided the services and/or materials has not been compensated.

(2) What documents are required to issue a certificate of ownership for a vessel? The required documents include:

(a) A completed affidavit of sale chattel lien form provided or approved by the department; and

(b) A certified copy of the lien filing that is filed with the county auditor; and

(c) A copy of the letter(s) sent by the lien applicant via first class mail, and certified or registered mail, to the registered and legal owners of record, including the return receipt; and

(d) ((A copy of the certified or registered mail, including the return receipt, to the address of the current registered and legal owner notifying the current registered and legal owner of the lien filing, and an)) Affidavit of service by mail; and

(e) Application for certificate of ownership; and

(f) Other documents that may be required by law or rule.

(3) When is a Washington court order required to issue a certificate of ownership as a result of a chattel lien? A court order is required when:

(a) ((The vessel is no longer in the possession of the person claiming the chattel lien; or

(b))) Someone other than the owner of record requested the services and/or materials; or

(((c))) (b) There is no record of the vessel on file with the department.

(4) What laws regulate chattel liens? Chapters 60.08 and 60.10 RCW regulate chattel liens.

[Statutory Authority: RCW 46.01.110. 06-17-145, 308-93-445, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 88.02.070 and 88.02.100. 01-21-071, 308-93-445, filed 10/18/01, effective 11/18/01.]

Washington State Code Reviser's Office