An owner of vehicles against whom an assessment is made under RCW 46.87.310 may petition for reassessment within thirty days after service of notice of the assessment upon the owner. If the petition is not filed within the thirty-day period, the amount of the assessment becomes final.

Terms Used In Washington Code 46.87.330

  • Department: means the department of licensing. See Washington Code 46.87.020
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Owner: means a person or business who holds the legal title to a vehicle, or if a vehicle is the subject of an agreement for its conditional sale with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee, or if a vehicle is subject to a lease, contract, or other legal arrangement vesting right of possession or control, for security or otherwise, or if a mortgagor of a vehicle is entitled to possession, then the owner is deemed to be the person or business in whom is vested right of possession or control. See Washington Code 46.87.020
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
If a petition for reassessment is filed within the thirty-day period, the department must reconsider the assessment and, if the petitioner has requested in the petition, grant the petitioner an oral hearing and give the petitioner ten days notice of the time and place of the hearing. The department may continue the hearing from time to time. The decision of the department upon a petition for reassessment becomes final thirty days after service upon the petitioner of notice of the decision.
Every assessment made under RCW 46.87.310 becomes due and payable at the time it is served on the owner. If the assessment is not paid in full when it becomes final, the department must add a penalty of ten percent of the amount of the assessment.
Any notice of assessment, reassessment, oral hearing, or decision required under this section must be served personally or by mail. If served by mail, service is deemed to have been accomplished on the date the notice was deposited in the United States mail and mailed to the owner’s address as it appears in the proportional registration records of the department.
An injunction or writ of mandate or other legal or equitable process may not be issued in any suit, action, or proceeding in any court against any officer of the state to prevent or enjoin the collection under this chapter of any fee or tax or any amount of fee or tax required to be collected, except as specifically provided for in chapter 34.05 RCW.

NOTES:

Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date—1996 c 91: See note following RCW 46.87.150.
Effective dates—1987 c 244: See note following RCW 46.87.010.
  Previous section
Next section  
 Chapter 46.87 Contents