DEPARTMENT OF LICENSING

[Filed July 23, 2025, 10:16 a.m.]

Title of Rule and Other Identifying Information: WAC 308-66-140 Place of business and places of business.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of licensing (department) is conducting expedited rule making to align WAC 308-66-140(3) with RCW 46.70.083. Under the current rule, the language appears to be more restrictive to licensees than the law. The department is seeking to remedy this.

Reasons Supporting Proposal: The department is amending rule to explicitly align with statute.

Statutory Authority for Adoption: RCW 46.70.083 Expiration of license—Renewal—Certification of established place of business, 46.70.160 Rules and regulations, and 46.01.110.

Statute Being Implemented: RCW 46.70.083 Expiration of license—Renewal—Certification of established place of business.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Bill Dutra, 1125 Washington Street S.E., Olympia, WA 98501, 360-664-6510.

This notice meets the following criteria to use the expedited adoption process for these rules:

Content is explicitly and specifically dictated by statute.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The department is amending language in rule that is explicitly dictated in statute. The department is aligning the language in rule to match the language in statute.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Ellis Starrett, Department of Licensing, 1125 Washington Street S.E., Olympia, WA 98501, phone 360-902-3846, email estarrett@dol.wa.gov, BEGINNING August 6, 2025, AND RECEIVED BY September 23, 2025.

Rules and Policy Manager

AMENDATORY SECTION(Amending WSR 10-06-058, filed 2/25/10, effective 3/28/10)

WAC 308-66-140Place of business and places of business.

Which business names and locations do I need to license?

(1) A dealer must inform the department in writing of each and every:

(a) Name under which the dealer does business((,)); and

(b) Location at which the dealer does business.

The dealer must inform the department in writing within ((ten))10 days of any addition, deletion, or change in the name or location. The dealer must apply for a temporary subagency license at least ((ten))10 days prior to the sales event that requires that license. There must be at least one day with no sales activity between any two ((ten))10-day temporary permit periods.

(2) A dealer shall designate one name and one location as the principal name and principal place of business.

(a) All other names under which the dealer does business shall be designated and licensed as subagencies of that dealership((;)).

(b) All other locations that are physically and geographically separated from the principal place of business shall be designated and licensed as subagencies of that dealership((;)).

(c) If a dealer is required to obtain a subagency license under (((2)))(b) of this ((section))subsection, the dealer shall not be required to obtain an additional subagency license under (((2)))(a) of this ((section))subsection, unless the dealer does business under more than one name at that subagency location((;)).

(d) The department will not require a subagency license for a name solely due to the use of a ".com" or other URL extension in an internet address; or because a dealership uses a derivative of its licensed "doing business as" name for its internet address. The website must clearly display the licensed "doing business as" name.

(3) If the dealer ceases to maintain "an established place of business" at that subagency location, it is grounds for the director ((shall))to suspend, revoke, and/or ((refuse to renew a))deny the renewal of the subagency license of a dealership.

(4) All temporary subagencies must be covered by the bond of the dealer's principal place of business.

(5) A vehicle dealer, whether franchised or nonfranchised, that is unable to locate the dealer's used vehicle sales facilities adjacent to or at the established place of business need not obtain and hold a subagency license if:

(a) The vehicle sales lot is contained within the same city block((,)); or

(b) Is directly across the street((,)); or

(d) Its location is zoned properly((,)); and

(e) The dealer bond covers the sales lot.

(6) If the sales lot referred to in ((section 5))subsection (5) of this section is in sight of the principal place of business, no sign is required at that sales lot.

(7) The department may require that a dealer provide evidence that each place of business conforms to all zoning and land use ordinances.

(8) Each and every subagency license of a dealership shall automatically be deemed canceled upon the termination, for whatever reason, of the principal license of that dealership.

(9) No license shall be issued to any applicant for a vehicle dealer or vehicle manufacturer license under a name that is the same as that of any dealer or manufacturer holding a current license issued pursuant to chapter 46.70 RCW.

(10) The sign at the certified location and the business telephone listing must reflect the "doing business as" (dba) name.