To what do they apply? The department of licensing, dealer and manufacturer services section, adopts the provisions of RCW
34.05.482 through
34.05.494 for the matters listed in this section. The department may use brief adjudicative proceedings (BAPs) where their use will not violate any provisions of law, and where protection of the public interest does not require the department to give notice and an opportunity to participate to persons other than the parties.
The department may use BAPs including, but not limited to, the following matters:
(4) Whether a licensee has been selling, exchanging, offering, brokering, auctioning, soliciting, advertising new or current model vehicles without a service agreement with a manufacturer, pursuant to RCW
46.70.101 or
46.70.041;
(6) Whether a licensee had failed to notify the department of a fact in which the licensee is required to timely notify the department (e.g., WAC
308-66-210 or
308-61-108);
(7) Whether a licensee has failed to have a current certificate or registration with the department of revenue pursuant to RCW
46.70.101;
(8) Whether the applicant whose license was suspended for cause and the terms of the suspension have not been fulfilled pursuant to RCW
46.70.101;
(9) Whether the applicant having been adjudged guilty of a crime which directly relates to the business of a vehicle dealer and the time elapsed since the adjudication is less than ten years, or suffering any judgment within the preceding five years in any civil action involving fraud, misrepresentation, or conversion pursuant to RCW
46.70.101 or
46.80.110 in the case of vehicle wreckers, or RCW
46.79.070 in the case of hulk haulers or scrap processors;
(10) Whether the applicant knowingly or with reason to know made a false statement of a material fact in his or her application for license or any data attached thereto pursuant to RCW
46.70.101;
(11) Whether an applicant or licensee has sufficient education credits as required by RCW
46.70.079;
(12) Whether a person is engaging in or about to engage in the business of a licensee as referenced in RCW
46.70.115,
46.80.180, or
46.55.210;
(13) Whether an applicant or licensee is solvent within the meaning of RCW
46.70.101;
The sole issue to be heard at the adjudicative proceedings shall be whether the applicant is in compliance with the requirements set forth in subsections (1) through (14) of this section.
[Statutory Authority: RCW
34.05.220. WSR 05-21-025, § 308-08-545, filed 10/10/05, effective 11/10/05.]