Revised Code of Washington
Chapter 46.70 - Dealers and Manufacturers.
46.70.115 - Cease and desist orders—Penalty, "curbstoning" defined.

RCW 46.70.115
Cease and desist orders—Penalty, "curbstoning" defined.

(1) If it appears to the director that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, or a rule adopted or an order issued under this chapter, the director may issue an order directing the person to cease and desist from continuing the act or practice. Reasonable notice of and opportunity for a hearing shall be given. The director may issue a temporary order pending a hearing. The temporary order shall remain in effect until ten days after the hearing is held and shall become final if the person to whom the notice is addressed does not request a hearing within fifteen days after receipt of the notice.
(2) The director may levy and collect a civil penalty, in an amount not to exceed one thousand dollars for each violation, against a person found by the director to be curbstoning, as that term is defined in subsection (3) of this section. A person against whom a civil penalty has been imposed must receive reasonable notice and an opportunity for a hearing on the issue. The civil penalty is due ten days after issuance of a final order.
(3) For the purposes of subsection (2) of this section,"curbstoning" means a person or firm engaged in buying and offering for sale, or buying and selling, five or more vehicles that are each less than thirty years old in a twelve-month period without holding a vehicle dealer license. For the purpose of subsections (1) and (2) of this section, "curbstoning" does not include the sale of equipment or vehicles used in farming as defined in RCW 46.04.183 and sold by a farmer as defined in RCW 46.04.182.

[ 2000 c 131 § 1; 1986 c 241 § 15.]
NOTES:

Severability—2000 c 131: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2000 c 131 § 3.]

Structure Revised Code of Washington

Revised Code of Washington

Title 46 - Motor Vehicles

Chapter 46.70 - Dealers and Manufacturers.

46.70.005 - Declaration of purpose.

46.70.011 - Definitions.

46.70.021 - License required for dealers or manufacturers—Penalties.

46.70.023 - Place of business.

46.70.025 - Established place of business—Waiver of requirements.

46.70.027 - Accountability of dealer for employees—Actions for damages on violation of chapter.

46.70.028 - Consignment.

46.70.029 - Listing dealers, transaction of business.

46.70.031 - Application for license—Form.

46.70.041 - Application for license—Contents.

46.70.042 - Application for license—Retention by department—Confidentiality.

46.70.045 - Denial of license.

46.70.051 - Issuance of license—Private party dissemination of vehicle database.

46.70.055 - Wholesale vehicle dealer licenses.

46.70.061 - Fees—Disposition.

46.70.070 - Dealers—Bond required, exceptions—Actions—Cancellation of license.

46.70.075 - Manufacturers—Bond required—Actions—Cancellation of license.

46.70.079 - Education requirements.

46.70.083 - Expiration of license—Renewal—Certification of established place of business.

46.70.085 - Licenses—Staggered renewal.

46.70.090 - License plates—Use.

46.70.101 - Denial, suspension, or revocation of licenses—Grounds.

46.70.102 - Denial, suspension, or revocation of licenses—Notice, hearing, procedure.

46.70.111 - Investigations or proceedings—Powers of director or designees—Penalty.

46.70.115 - Cease and desist orders—Penalty, "curbstoning" defined.

46.70.120 - Record of transactions.

46.70.122 - Duty when purchaser or transferee is a dealer.

46.70.124 - Evidence of ownership for dealers' used vehicles—Consignments.

46.70.125 - Used vehicles—Asking price, posting or disclosure.

46.70.130 - Details of charges must be furnished buyer or mortgagor.

46.70.132 - Manufactured home sale—Implied warranty.

46.70.134 - Manufactured home installation—Warranty, state installation code.

46.70.135 - Mobile homes—Warranties and inspections—Delivery—Occupancy—Advertising of dimensions.

46.70.140 - Handling "hot" vehicles—Unreported motor "switches"—Unauthorized use of dealer plates—Penalty.

46.70.160 - Rules and regulations.

46.70.170 - Penalty for violations.

46.70.180 - Unlawful acts and practices.

46.70.183 - Notice of bankruptcy proceedings.

46.70.190 - Civil actions for violations—Injunctions—Claims under Federal Automobile Dealer Franchise Act—Time limitation.

46.70.220 - Duties of attorney general and prosecuting attorneys to act on violations—Limitation of civil actions.

46.70.230 - Duties of attorney general and prosecuting attorneys to act on violations—Assurance of compliance—Filing.

46.70.240 - Penalties—Jurisdiction.

46.70.250 - Personal service of process outside state.

46.70.260 - Application of chapter to existing and future franchises and contracts.

46.70.270 - Provisions of chapter cumulative—Violation of RCW 46.70.180 deemed civil.

46.70.290 - Mobile homes and persons engaged in distribution and sale.

46.70.300 - Chapter exclusive—Local business and occupation tax not prevented.

46.70.310 - Consumer Protection Act.

46.70.320 - Buyer's agents.

46.70.330 - Wholesale motor vehicle auction dealers.

46.70.340 - Issuance of temporary subagency licenses for recreational vehicle shows.

46.70.900 - Liberal construction.