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PDFWAC 308-93-750

Improper Indian tribe registration.

(1) May the department either object to or seek revocation of tribal issuance of a registration contained in the tribal vessel registration maintained with the department? Yes. The department may object to and seek revocation of tribal issuance of a registration contained in the tribal vessel registration program maintained with the department only if it is determined that:
(a) Inaccurate or false information has been submitted; or
(b) Information required pursuant to WAC 308-93-740(3) is omitted; or
(c) The department obtains information that the vessel is stolen or is not owned by the registrant.
(2) Is the department required to notify the tribe that the registration appears to be improper? Yes, the department must notify the tribe that the registration appears to be improper. The department's objection must be made either in person or by certified mail, return receipt requested. Within thirty days of receipt of the notice, the tribe must provide the information requested, take the requested action, clarify any misunderstanding, or inform the department that the tribe does not intend to take the action requested or provide the requested information.
(3) Does the department have the right to request revocation of a tribally issued registration and number? Yes, the department may request a tribally issued registration and number be revoked at any time should it be determined that the information originally submitted was false or inaccurate, the vessel is stolen or not owned by the registrant. The registrant and tribe must be given a reasonable opportunity to correct inaccurate information.
(4) Is the revocation of a tribal vessel registration request effective immediately? No, nor will any tribe be required to revoke, the registration, number, or vessel decal issued by the tribe to the tribal member until all dispute resolution procedures have been exhausted. If the state establishes the registration is improper, the tribe must revoke the registration number and decal.
[Statutory Authority: RCW 88.02.100. WSR 02-05-058, § 308-93-750, filed 2/15/02, effective 3/18/02. Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. WSR 96-16-038, § 308-93-750, filed 8/1/96, effective 9/1/96.]
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