BILL REQ. #:  S-1471.1 

READ FIRST TIME 02/09/09.   

     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.
     (3) This section may not be construed to apply to registered tow truck operators, as defined in RCW 46.55.010, who are lawfully engaged in the normal course of their business.