Menu
Search
Enter search terms
Go
Enter search terms
Legislature Home
House of Representatives
Senate
Find Your District
Find Your District
Laws & Agency Rules
Bill Information
Agendas, Schedules, and Calendars
Legislative Committees
Coming to the Legislature
Civic Education
Legislative Agencies
Legislative Information Center
Email Updates (GovDelivery)
View All Links
Main Sections
Legislature Home
House of Representatives
Senate
Find Your District
Find Your District
Laws & Agency Rules
Bill Information
Agendas, Schedules, & Calendars
Legislative Committees
Legislative Agencies
Legislative Information Center
Email Updates (GovDelivery)
View all links
WACs
>
Title 446
>
Chapter 446-30
HTML has links - PDF has Authentication
Print This Page
Return to Chapter Listing
Chapter 446-30 WAC
Last Update: 9/3/14
DISPOSITION OF VEHICLES SEIZED FOR ALTERED VEHICLE IDENTIFICATION NUMBERS—HEARINGS
WAC Sections
HTML
PDF
446-30-010
Purpose.
HTML
PDF
446-30-020
Definitions.
HTML
PDF
446-30-030
Hearing officer.
HTML
PDF
446-30-040
Procedure.
HTML
PDF
446-30-050
Burden of proof.
HTML
PDF
446-30-060
Record.
HTML
PDF
446-30-070
Appeal.
PDF
446-30-010
Purpose.
The purpose of this regulation is to provide administrative rules and standards for hearings conducted pursuant to chapter 124, Laws of 1974 1st ex. sess. (RCW
9.54.130
and
46.12.725
) relating to the disposition of motor vehicles, motorcycles, motor-driven cycles, trailers, vessels, motorboats, or component parts thereof impounded by the Washington state patrol.
[Statutory Authority: RCW
46.12.725
. WSR 14-18-075, § 446-30-010, filed 9/3/14, effective 10/4/14. Statutory Authority: RCW
46.12.330
. WSR 00-02-069, § 446-30-010, filed 1/4/00, effective 2/4/00; Order II, § 446-30-010, filed 11/22/74.]
PDF
446-30-020
Definitions.
(1) The term "aggregate value" of an article or articles whose ownership is in question will be the current market value of the article as determined by procedures set out in WAC
446-30-040
(2) as of the time of the proposed disposition.
(2) The term "interested party" or "party in interest" is defined as a party claiming ownership or a right to possession of the article involved.
(3) The term "article" will encompass the plural "articles" and includes motor vehicles, motorcycles, motor-driven cycles, trailers, vessels, motorboats, or component parts thereof.
[Statutory Authority: RCW
46.12.725
. WSR 14-18-075, § 446-30-020, filed 9/3/14, effective 10/4/14; Order II, § 446-30-020, filed 11/22/74.]
PDF
446-30-030
Hearing officer.
The hearing will be conducted by a person appointed by the chief of the Washington state patrol. The hearing will be conducted at a place within the state designated by the hearing officer who will consider the convenience of the witnesses involved in the hearing, and the convenience of the parties in interest. The hearing officer, after having heard evidence submitted to him and having conducted a hearing in accordance with this chapter and chapter
446-08
WAC, will decide whether a party in interest has presented a claim of ownership or right to possession of the article involved sufficient to award possession of the article to the party. If so, the hearing officer will order the article released to such party.
[Statutory Authority: RCW
46.12.725
. WSR 14-18-075, § 446-30-030, filed 9/3/14, effective 10/4/14; Order II, § 446-30-030, filed 11/22/74.]
PDF
446-30-040
Procedure.
(1) Insofar as it is applicable, hearings under this chapter will be pursuant to chapters
34.05
RCW and
446-08
WAC as supplemented by this chapter.
(2) In accordance with RCW
46.12.735
, any person claiming ownership or right of possession hereunder may remove the matter to a court of competent jurisdiction if the aggregate value of the article involved is one hundred dollars or more. If the article involved is a component part or parts of a vehicle, then the right to remove the matter to a court of competent jurisdiction will be conditioned on the component part or parts having an aggregate value of one hundred dollars or more. An officer of the Washington state patrol assigned to the motor vehicle theft section must determine the current market value of the article based on such factors as the condition of the vehicle, the year, and the make of the vehicle, etc. The value finally arrived at by the officer should reflect the value of the vehicle on the open market. If the value of the article cannot be agreed upon by the officer and the interested party, a dealer who specializes in the type article must be contacted to determine the current market value.
(3) The hearing officer, after having heard all pertinent evidence submitted to him/her will make written findings of fact based on the evidence and written conclusions based on the findings and applicable law in accordance with WAC
446-08-410
. The findings and conclusions of the hearing officer will be served on all parties to the hearing within fifteen days of the close of the hearing. If a decision adverse to an interested party is made, no disposition will be made of the property until after thirty days following service of the hearing officer's decision, or until expiration of any stay of disposition granted by the hearing officer or court of competent jurisdiction, whichever date comes last.
(4) Upon application to the hearing officer by any interested party aggrieved by the decision for a stay of disposition in any matter in which an appeal has been filed, the hearing officer shall stay his or her order of disposition pending the outcome of the appeal to a court of competent jurisdiction.
[Statutory Authority: RCW
46.12.725
. WSR 14-18-075, § 446-30-040, filed 9/3/14, effective 10/4/14; Order II, § 446-30-040, filed 11/22/74.]
PDF
446-30-050
Burden of proof.
The person or party in interest claiming to be the lawful owner or to have the lawful right to possession will have the burden of establishing his claim of ownership.
[Statutory Authority: RCW
46.12.725
. WSR 14-18-075, § 446-30-050, filed 9/3/14, effective 10/4/14; Order II, § 446-30-050, filed 11/22/74.]
PDF
446-30-060
Record.
Any oral proceedings will be recorded on tape and such tape will become part of the hearing record.
[Statutory Authority: RCW
46.12.725
. WSR 14-18-075, § 446-30-060, filed 9/3/14, effective 10/4/14; Order II, § 446-30-060, filed 11/22/74.]
PDF
446-30-070
Appeal.
Appeal from the decision of the hearing officer to a superior court by an interested party aggrieved by a decision in a contested case must be in accordance with RCW
34.05.570
and applicable court rules.
[Statutory Authority: RCW
46.12.725
. WSR 14-18-075, § 446-30-070, filed 9/3/14, effective 10/4/14; Order II, § 446-30-070, filed 11/22/74.]
Site Contents
Selected content listed in alphabetical order under each group
Let Your Voice Be Heard
Contact Your Legislators
Comment on a Bill
Participate in Committee Hearings
Find
Bills
Committee Meeting Schedules & Agendas
District & Legislators
Laws & Rules
Member Information / Rosters
Video & Audio on TVW
About the Legislature
Committees
House of Representatives
Legislative Agencies
Legislative Information Center
Legislature Home
Senate
Track Legislation
Bills
Email Updates (GovDelivery)
RSS Feeds
Web Services
Additional Information
Accessibility Information
Civic Education
Comments about this site
Contact Us
Disclaimer
Employment Opportunities
Gift Center
Glossary of Terms
Help
History of the State Legislature
Privacy Notice
Reports to the Legislature
Search
Outside the Legislature
Contact Congress - the Other Washington
Governor's Website
OFM Fiscal Note Website
Washington Courts