Washington Administrative Code

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 10…

How may I obtain a place of business waiver?(1) An applicant for a vehicle dealer license, or a licensee, who requests a waiver of any established place of business requirement(s) must submit the following to the department:(a) All applicable documents and fees in RCW 46.70.041, …

(1) It shall not be considered unlawful under the provisions of RCW 46.70.180 (14)(f) for a vehicle manufacturer to provide under the terms of any warranty that a purchaser of a vehicle must make warranty claims against only the manufacturer of an integral part of a vehicle if th…

(1) Examples of unlawful acts or practices, as defined by RCW 46.70.180 (1)(a), include, but are not limited to representations such as "no down payment," "a dollar down," "five dollars down," "take-over payments," "no cash out of your pocket," "no cash needed," and others of sim…

(1) Contract. How must I handle a consignment transaction?(a) It shall be considered an unlawful practice within the meaning of RCW 46.70.180(2) for a vehicle dealer to accept any vehicle on consignment without first reducing the terms of the consignment to writing.(b) All consig…

How do I handle a manufactured home listing?(1) Dealer responsibilities.(a) The listing dealer shall be responsible for negotiating the agreement between seller and purchaser as follows:(b) All written offers shall be presented to the seller for acceptance or refusal. A copy of t…

(1) When dealer's plates are used on any vehicle being demonstrated to a prospective customer, it is not necessary that the dealer or a member of his firm accompany the prospective customer except as provided in RCW 46.70.090 (7)(c). Prospective customers, when not accompanied by…

How do I report vehicle sales for purposes of renewing my dealer license? To report sales for purposes of license renewal as required by RCW 46.70.083, the dealer will report the number of vehicles leased and sold at both retail and wholesale during the twelve-month period ending…

(1) When the license of a vehicle dealer has been suspended or revoked, the department shall post a closure notice at or near the principal entry to the place of business. Such notice shall include a statement that the dealership is closed as to the sale of vehicles because of th…

Must a buyer's agent disclose their activities? The written agreement between a buyer's agent and its customer shall contain precisely the following disclosure language in a single paragraph on the first page of the agreement, in a type size sufficiently large to be read with rea…

The deposit trust account required by RCW 46.70.180(9) must be established and maintained within Washington state.[Statutory Authority: RCW 46.70.160. WSR 07-03-119, § 308-66-177, filed 1/22/07, effective 2/22/07.]

(1) The record of the purchase and sale of a vehicle maintained by a dealer must include, but not be limited to:(a) A description of the vehicle, which shall include those items of description required on the Washington application for title, and in the case of a retail sale requ…

Dealers shall keep for a period of five years the following records concerning their buyer's agent activities:(1) A copy of the required written agreement with the customer.(2) A record of any fees received from the customer.[Statutory Authority: RCW 46.70.180(13) as amended in 1…

How is the transfer to be done? (1) When a vehicle displaying current Washington plates is sold, leased or otherwise disposed of by a dealer, the dealer must make an application for a certificate of title in the purchaser's or lessee's name within forty-five calendar days commenc…

How do I possess such documents? (1) A vehicle dealer must have possession of a separate certificate of ownership for each used vehicle kept in the dealer's inventory unless the certificate of ownership is in the possession of the person holding a security interest in the dealer'…

How is the assignment to be done? When a dealer sells a vehicle to a second dealer, the first dealer must complete and sign the assignment, either on the secure title, on an odometer extension form or on an equivalent document if the vehicle is exempt from requiring an odometer d…

When do I report such a change? (1) With the exception of a corporation any person licensed as a dealer under chapter 46.70 RCW must, within ten days following any change in its business structure, file a new application and pay original licensing fees under the new entity.(2) In…

What if I terminate the business? A dealer or a manufacturer who terminates the business shall return the license and special license plates to the department, for cancellation, within ten business days of such termination.[Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308…

When does such a transfer require a new license? Upon the sale, transfer or other disposition of fifty-one percent ownership interest in a noncorporate licensee, a new application for the appropriate license is required and the fee will be the same as for an original application.…

What if I incorporate while licensed? A licensee which incorporates or forms a limited liability company while licensed shall file a new application for the appropriate license and the fee will be the same as for an original application.The special license plates issued to the or…

A dealer who is also an auto wrecker shall keep vehicles held for resale physically separated from vehicles which have been or are to be dismantled for parts. Vehicles not in running condition are to be stored within the segregated area of the fenced wrecking area per WAC 308-63-…

What is the nature of remanufacturing? (1) If the remanufacturing process of the vehicle will involve the removal, destruction, or concealment of any identification number, the parts shall be inspected by an authorized member of the Washington state patrol prior to the removal, d…

How must I disclose title brands when I sell a vehicle at retail or wholesale? Any title brand required in RCW 46.70.101 (1)(b)(xi) must be clearly disclosed on the face of the purchase order.[Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-227, filed 8/3/04, effectiv…

(1) When the department of licensing has received notification from a bonding company that a dealer's bond has been cancelled or the bond has expired and has not been renewed or a replacement bond has not been received with no lapse in coverage, the department shall notify the li…

Is a license required for an internet business? The department will require a Washington state dealer license for an internet business that has no physical presence in this state if that business:(1) Brings together a Washington state customer with a licensed Washington state dea…

How do I request more than my allotted number of dealer license plates? (1) A licensed vehicle dealer may request a waiver of the three dealer license plates or six percent or sales formula in RCW 46.70.090(2).The request:(a) Must be in writing; and(b) Must explain why the statut…

The term "vehicle industry organization" means a dues-based business representing the interests of Washington state vehicle dealers that is licensed or registered to conduct business in Washington.[Statutory Authority: RCW 46.70.170 and 46.70.79 [46.70.079]. WSR 12-24-041, § 308-…

(1) Education providers must:(a) Meet the definition of a vehicle industry organization;(b) Submit a vehicle dealer course curriculum to the department for approval; and(c) Have the course approved by the department prior to the date the course is offered for education credit.(2)…

(1) The application for course approval must be submitted by an education provider that meets the definition of a vehicle industry organization.(2) The course curriculum must provide for a minimum of either eight hours of initial classroom instruction or five hours of yearly upda…

(1) The department has the authority on its own initiative or upon complaint to investigate or audit any course to determine compliance with chapter 46.70 RCW and with the rules and regulations of this chapter.(2) Complaints from students or citizens concerning approved courses m…

(1) Course or education provider approval may be denied or withdrawn if the education provider:(a) Has had any disciplinary action taken against his or her license in this or any other jurisdiction;(b) Falsified any student records or classroom hour certificates;(c) Falsified any…

Upon notice of education provider or course denial, conditional approval, disapproval or withdrawal of course approval, the provider or proposed provider is entitled to a hearing conducted in accordance with the Administrative Procedure Act, chapter 34.05 RCW.(1) The provider or …

(1) Each education provider must:(a) Maintain each student's record and each edition of any education related publication for a minimum of three years; and(b) Provide a copy of a student's record to the student upon request.(2) Student records must include:(a) Full name, address,…

The filing fee for petitioning the department of licensing concerning franchise disputes pursuant to chapters 46.93 and 46.96 RCW is $500.00.[Statutory Authority: 2003 c 354 § 3(1). WSR 06-21-037, § 308-67-010, filed 10/10/06, effective 11/10/06. Statutory Authority: 1989 c 415 §…

(1) Employee means an employee of a scrap metal business who is a person who appears on the payroll records of the business as an employee and for whom Social Security, withholding tax, and all deductions required by law have been made.(2) Agent, other than an authorized agent of…

The application for a scrap metal business's license shall contain, in addition to any other information the department may require, evidence the application is approved by the local government planning and zoning authorities pursuant to the provisions of the State Environmental …

The following fees shall be charged by the department of licensing:Processor and Recycler Application, Initial$1,290.00Processor and Recycler Application, Renewal$665.00Supplier Application, Initial$390.00Supplier Application, Renewal$205.00[Statutory Authority: RCW 46.01.110 and…

(1) Scrap metal processor.(a) A scrap metal processor's established place of business is a place where:(i) Scrap metal property may be stored lawfully; and(ii) Hydraulic balers, shears, or shredders for recycling scrap metal property may be used lawfully.(b) There must be a build…

Any records originally created and retained electronically must be made available in hard copy upon the request of any designated authority named in chapter 19.290 RCW.[Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-150, filed 11/21/13, effecti…

(1) Each plate set must be renewed annually. The cost for each plate set is five dollars.(2) The scrap metal business plates may be split, with one being displayed on the front of the towing vehicle and the other on the rear of the vehicle being towed.[Statutory Authority: Chapte…

(1) The scrap metal business license expiration is established by the business licensing service upon department approval of the license. Proration of fees may be necessary to align the scrap metal business license expiration with other licenses held by the business. The license …

A licensee must notify the department within ten days of any change of address of any business location or of the addition of a new location.[Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-180, filed 11/21/13, effective 1/1/14.]

A licensee must, within ten days of any change in its business ownership or structure, file with the department a statement that specifically describes the change that has occurred in its business structure or in its ownership interest.[Statutory Authority: Chapter 19.290 RCW and…

Upon a change of business structure of a licensed scrap metal business, the licensee must apply for a new license and pay original licensing fees under the new entity. Examples of a change of business structure include, but are not limited to, changing from a sole proprietorship …

Upon the sale, transfer or other disposition of a sole proprietorship licensee's scrap metal business:(1) The purchaser or transferee must file a new application for a license; the fees are the same as for an original application.(2) The former owner must surrender to the departm…

Within ten business days of the closure of a scrap metal business, the business must return the license and the special license plates to the department for cancellation.[Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-220, filed 11/21/13, effec…

(1) "Biodiesel" a nonpetroleum-based diesel fuel consisting of short chain alkyl (methyl or ethyl) esters, made by transesterification of vegetable oil or animal fat (tallow), which can be used alone, or blended with conventional petro-diesel in unmodified diesel-engine vehicles.…

(1) When is the incidental operation of a nonlicensed vehicle exempt the fuel tax? Fuel is exempt the fuel tax if used in a vehicle which is not licensed or required to be licensed under chapter 46.16 or 46.87 RCW and is operated between two pieces of private property for a dista…

When is a special fuel permit required? If you are not an International Fuel Tax Agreement (IFTA) licensee, you must purchase a special fuel permit when entering this state if the commercial vehicle being operated has:(1) Two axles and a gross vehicle weight or registered gross v…

What happens when my license is canceled, suspended, or revoked? The department will post information about these changes in license status for all licensees, except for IFTA.[Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-035, filed 6/9/16, effective 7/10/16; WSR 09…