WSR 02-06-046

PREPROPOSAL STATEMENT OF INQUIRY

ATTORNEY GENERAL'S OFFICE


[ Filed February 28, 2002, 1:19 p.m. ]

Subject of Possible Rule Making: (1) Amend chapter 44-10 WAC to modify definition of "Settlement" to include vehicles reacquired by a manufacturer resulting from an award of a manufacturer sponsored dispute resolution program based on standards equivalent to or directly taken from chapter 19.118 RCW and to require title notations and written resale disclosure to a subsequent retail purchaser/lessee; (2) make procedural revisions to provide for the Attorney General's Office to prepare and distribute various correspondence and notices for the motor vehicle arbitration board; and (3) make procedural revisions to special master arbitrator procedures.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.118.080(2), 19.118.061.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: (1) Revise definition of "Settlement" to extend title notation and written resale disclosure to manufacturer reacquired vehicles that are considered to meet the standards of RCW 19.118.041 by manufacturer sponsored dispute resolution programs for the benefit and safety of future purchases/lessees; and (2) make modifications and procedural changes in practices of the Attorney General's Office and the motor vehicle arbitration board to reduce contracted arbitration services. Purpose is to accomplish reasoned and predictable procedures for the administration of the Lemon Law program, the dispute resolution mechanism, consistency in arbitration decisions, compliance with arbitration awards and enforcement of statutory disclosures upon resale of subject vehicles.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Attorney General's Office is the agency with sole enforcement and administrative authority under chapter 19.118 RCW.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties are welcome to send written comments or suggestions to Paul N. Corning, Lemon Law Administrator, Office of the Attorney General, 900 Fourth Avenue, Suite 2000, Seattle, WA 98164-1012. Facsimile transmissions may be sent to Paul N. Corning at (206) 464-6451. Internet e-mail may be sent to Paul N. Corning at lemon@atg.wa.gov. Paul N. Corning, (206) 464-6372 is available to receive comments or suggestions by phone and voicemail.

February 28, 2002

Paul N. Corning

Lemon Law Administrator

Washington State Code Reviser's Office