Washington Administrative Code

Promoters of an amateur mixed martial arts event held under an amateur mixed martial arts sanctioning organization shall have at least one physician in attendance at the event and an ambulance or paramedical unit with transportation and resuscitation capabilities to be present at…

Pursuant to RCW 74.66.020(5), the civil penalties under RCW 74.66.020(1) are adjusted for violations that occur after November 2, 2015, from not less than five thousand five hundred dollars and not more than eleven thousand dollars to not less than ten thousand nine hundred fifty…

The purpose of these rules is to establish the procedures the attorney general's office (office) will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the office and establish proce…

(1) Function, organization and administrative offices. The office is charged by the constitution and statutes with the general obligation of advising and legally representing the state of Washington, its officials, departments, boards, commissions and agencies but not the local u…

Public records shall be available for inspection and copying from 9:00 a.m. to noon and from 1:00 p.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.[Statutory Authority: RCW 42.56.040, 42.56.100, 42.56.070, 42.56.120, 43.10.110, and 34.05.310 - 34.05.395. WSR 20-…

(1) Website records. Persons seeking public records of the office under the act are strongly encouraged to, before submitting a records request, first review the office's website at www.atg.wa.gov. Indexed records may include formal attorney general's opinions and some orders. Th…

(1) General. The office shall respond promptly to requests for records made under chapter 42.56 RCW, the Public Records Act. Within five business days of receiving a Public Records Act request at the main Olympia office, the office will assign the request a tracking number and lo…

(1) The following copy fees and payment procedures apply to requests to the office under chapter 42.56 RCW.(2) Pursuant to RCW 42.56.120 (2)(b), the office is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reason…

(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. The office maintains a list of exemptions commonly appl…

(1) The requestor is encouraged to communicate with the public records officer or assigned designee regarding denials of public records requests, estimates of time, or estimates of costs. If the requestor remains unsatisfied, the requestor may seek formal review of the issue.(2) …

A person may request that the office conduct a review pursuant to RCW 42.56.530 of a state agency's denial of records requested by him or her. Requests for such review shall be directed to Public Records Review, Office of the Attorney General, P.O. Box 40100, Olympia, Washington …

Terms, when used in this chapter, shall have the same meaning as terms used in chapter 19.118 RCW. The following definitions shall supplement or aid in the interpretation of the definitions set forth in chapter 19.118 RCW."Arbitration special master" means the individual or group…

(1) A new motor vehicle manufacturer shall submit, in writing, to the Attorney General's Office, Lemon Law administration the name, address, email or electronic address and telephone number of an individual designated by the manufacturer to receive notices related to the arbitrat…

A consumer must submit a request for arbitration form with copies of supporting documentation to the Attorney General's Office, Lemon Law Administration in Seattle or in the Attorney General's Office in Spokane, in order to apply for the new motor vehicle arbitration process. The…

(1) A request for arbitration is deemed to have been received within the thirty month manufacturer mandatory arbitration participation period established in RCW 19.118.090(3), if it:(a) Is received by the Office of the Attorney General within thirty months from the date of origin…

A consumer may file a request for arbitration any time after having sent the manufacturer a written request to replace or repurchase the new motor vehicle pursuant to RCW 19.118.041(1). However, no arbitration hearing shall be conducted before the manufacturer has had forty calen…

(1) The attorney general will review a request for arbitration and supporting documentation for a statement of claim and appearance of jurisdiction within the authority established pursuant to chapter 19.118 RCW, timeliness, and completeness of the form and accompanying documents…

(1) Review by the attorney general, a request for arbitration appearing to be timely, complete and to have met the jurisdictional requirements of chapter 19.118 RCW will be assigned to the board.(2) A notice that the request has been assigned to the board to be scheduled for an a…

(1) An arbitration special master may be appointed by the arbitration board to hear and decide preliminary and post-hearing issues within the arbitration board's authority. Requests for an arbitration special master must be made in writing by a party to the Lemon Law administrati…

(1) The manufacturer shall provide information relevant to the resolution of the dispute to the consumer and board on a form created by the Lemon Law administration. The manufacturer's statement form shall be completely answered and shall include, but not be limited to, the follo…

(1) A manufacturer may request a viewing of the vehicle to aid in preparation of its defense. The request for a viewing of the vehicle must be indicated in the manufacturer's statement.(2) The manufacturer and the consumer shall arrange a mutually agreeable time and location for …

A three dollar arbitration fee shall be collected by the new motor vehicle dealer or lease company from the consumer at completion of the sale or lease of a new motor vehicle except for a transaction with a consumer who is not a resident of this state and who does not intend to r…

(1) A party's request for a subpoena to be issued must be received by the Lemon Law administration with the consumer's request for arbitration or the manufacturer's statement to be considered. A consumer may submit a request for a subpoena within three business days of receipt of…

The board has the authority to schedule the arbitration hearing at its discretion. The Lemon Law administration shall notify the parties of the date, time and place by letter sent by standard U.S. mail and email at least ten calendar days prior to the hearing. Hearings may be sch…

A consumer may withdraw a request for arbitration at any time.A first withdrawal shall be granted without prejudice. Upon notice to the Lemon Law administration of withdrawal, the thirty month period manufacturer mandatory arbitration participation period shall resume running. A …

(1) A party who fails to appear at the arbitration hearing will be considered in default.(2) If a manufacturer defaults the arbitrator shall hold the hearing. The arbitrator shall make a decision based on the evidence presented by the consumer, and any files or documentation cont…

(1) Any party to the arbitration hearing may be represented by counsel. If either party opts to be so represented, said party shall immediately notify the Lemon Law administration and the other party of the name and address of the attorney.(2) The consumer may be represented by h…

(1) Both parties shall notify the Lemon Law administration of a resolution for settlement of the dispute after the request for arbitration has been assigned to the arbitration board. The Lemon Law administration shall verify the terms of the settlement or resolution. The disclosu…

(1) A technical expert is assigned by the board to advise and consult with an arbitrator. Technical experts shall not be directly involved in the manufacture, distribution, sale, or warranty service of any motor vehicle.(2) Either party may request that a technical expert be assi…

(1) Arbitrators shall have the duty to conduct fair and impartial hearings, to take all necessary actions to avoid delay in the disposition of proceedings, to maintain order, and to meet the sixty day time frame required by RCW 19.118.090 for the rendering of a decision. They sha…

(1) The conduct of the hearing shall encourage a full and complete disclosure of the facts.(2) Arbitrators may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent people in the conduct of their affairs. They shall gi…

(1) The arbitration board shall issue the decision in each case to the Lemon Law administration within sixty calendar days of receipt of the request for arbitration:(a) All decisions shall be written, in a form to be provided by the Lemon Law administration, dated and signed by t…

(1) The board or the Lemon Law administration program manager may make "technical corrections" to an arbitration decision. "Technical corrections" shall generally be defined as computational corrections, typographical corrections, or other minor corrections.(2) A party may submit…

(1) When a vehicle has been determined by the new motor vehicle arbitration board, or has been adjudicated in a superior or appellate court of this state, as having one or more nonconformities or serious safety defects that have been subject to a reasonable number of attempts by …

The manufacturer must:(1) Notify the Lemon Law administration and the department of licensing upon receipt of the vehicle from the consumer due to a determination, adjudication or settlement pursuant to chapter 19.118 RCW and chapter 44-10 WAC.(2) Correct and warrant a serious sa…

After the manufacturer's receipt of a vehicle and prior to first subsequent retail transfer, sale or lease of a vehicle subject to the requirements of RCW 19.118.061:(1) The manufacturer, agent or new motor vehicle dealer with actual knowledge of a determination, adjudication or …

(1) A manufacturer may submit to the attorney general for approval a proposed substitute form(s) for the consumer disclosure notice and certification of repair and warranty as required for resale of a vehicle.(2) A substitute form must include:(a) A disclosure that the manufactur…

Any warranty of a correction of a defect issued pursuant to the provisions of RCW 19.118.061 shall be for not less than one year from the date of resale or an additional twelve thousand miles from the date of resale, whichever occurs first.[Statutory Authority: RCW 19.118.061, 19…

(1) Pursuant to RCW 19.118.090, the Lemon Law administration program manager may impose a fine against a manufacturer if, after forty calendar days from the manufacturer's receipt of notice of consumer's acceptance of an arbitration decision, the manufacturer has not complied wit…

(1) The manufacturer shall have ten days from the date of receipt of notice of imposition of fine to request a review of imposition of fine. The manufacturer's request for review of imposition of fine shall be sent to the Lemon Law administration in writing and shall state the re…

The legislature directed the attorney general to adopt advisory model rules on public records compliance and to revise them from time to time. RCW 42.56.570 (2) and (3). The purpose of the model rules is to provide information to records requestors and state and local agencies ab…

The model rules are published with comments. The comments have five-digit WAC numbers such as WAC 44-14-04001. The model rules themselves have three-digit WAC numbers such as WAC 44-14-040.The comments are designed to explain the basis and rationale for the rules themselves as we…

The model rules, and the comments accompanying them, are advisory only and do not bind any agency. Accordingly, many of the comments to the model rules use the word "should" or "may" to describe what an agency or requestor is encouraged to do. The use of the words "should" or "ma…

On July 1, 2006, the act was recodified from chapter 42.17 to 42.56 RCW, and titled the "Public Records Act." The recodification did not change substantive law. The initial model rules and older court decisions referred to the prior codification numbers in chapter 42.17 RCW. A re…

The act is complicated, and compliance requires training. Training on the act is required for local elected officials, statewide elected officials, persons appointed to fill vacancies in a local or statewide office, and public records officers. RCW 42.56.150; 42.56.152. Public re…

Several websites provide information on the act. The attorney general office's website on public records is http://www.atg.wa.gov/obtaining-records, which also includes a link to an Open Government Resource Manual. The municipal research and services center, an entity serving loc…

(1) RCW 42.56.070(1) requires each agency to make available for inspection and copying nonexempt "public records" in accordance with published rules. The act defines "public record" at RCW 42.56.010(3) to include any "writing containing information relating to the conduct of gove…

The act applies to an "agency." RCW 42.56.070(1). "'Agency' includes all state agencies and all local agencies. 'State agency' includes every state office, department, division, bureau, board, commission, or other state agency. 'Local agency' includes every county, city, town, mu…

The act provides that state agencies are to publish a rule in the Washington Administrative Code (WAC) and local agencies are to make publicly available at the central office guidance for the public that includes where the public may obtain information and make submittals and req…

The act declares: "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The pe…