BILL REQ. #: S-0088.1
State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/21/09. Referred to Committee on Transportation.
AN ACT Relating to issuing cease and desist orders and civil penalties for violations committed by unlicensed persons engaging in scrap processing or hulk hauling activities; adding a new section to chapter 46.79 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 In keeping with the intent of chapter 46.79
RCW to protect the public from harm from unlicensed persons illegally
engaged in the activities of hulk haulers or scrap processors,
considering the fact that current violations by individuals in these
activities require a criminal prosecution in order to carry out
enforcement, and considering the fact that current laws for licensed
vehicle dealers and licensed vehicle wreckers, which provide the
department of licensing with the authority to issue cease and desist
orders and civil penalties for violations by unlicensed persons
engaging in those activities, have worked very well and have been very
cost-effective at reducing violations, it is the intent of the
legislature to authorize the department of licensing to issue cease and
desist orders and civil penalties for violations committed by
unlicensed persons engaging in the activities of a hulk hauler or scrap
processor.
NEW SECTION. Sec. 2 A new section is added to chapter 46.79 RCW
to read as follows:
(1) If it appears to the director that an unlicensed person has
engaged in an act or practice constituting a violation of this chapter
or a rule adopted or an order issued under this chapter, the director
may issue an order directing the person to cease and desist from
continuing the act or practice. The director shall provide the
unlicensed person reasonable notice of and opportunity for a hearing.
The director may issue a temporary order pending a hearing. The
temporary order remains in effect until ten days after the hearing is
held and becomes final if the unlicensed person to whom the notice is
addressed does not request a hearing within fifteen days after receipt
of the notice.
(2) The director may assess a fine of up to one thousand dollars
with the final order for each act or practice constituting a violation
of this chapter by an unlicensed person.