82.36.070 - Issuance of license -- Display -- Refusal of issuance--Inspection of records.

Issuance of license — Display — Refusal of issuance — Inspection of records.

The application in proper form having been accepted for filing, the filing fee paid, and the bond or other security having been accepted and approved, the department shall issue to the applicant the appropriate license, and such license shall be valid until canceled or revoked.

     The license so issued by the department shall not be assignable, and shall be valid only for the person in whose name issued.

     Each licensee shall be assigned a license number, and the department shall issue to each licensee a license certificate which shall be displayed conspicuously at his or her principal place of business. The department may refuse to issue or may revoke a motor vehicle fuel license, to a person:

     (1) Who formerly held a motor vehicle fuel license that, before the time of filing for application, has been revoked or canceled for cause;

     (2) Who is a subterfuge for the real party in interest whose license has been revoked or canceled for cause;

     (3) Who, as an individual licensee or officer, director, owner, or managing employee of a nonindividual licensee, has had a motor vehicle fuel license revoked or canceled for cause;

     (4) Who has an unsatisfied debt to the state assessed under either chapter 82.36, 82.38, 82.42, or 46.87 RCW;

     (5) Who formerly held as an individual, officer, director, owner, managing employee of a nonindividual licensee, or subterfuge for a real party in interest, a license issued by the federal government or a state that allowed a person to buy or sell untaxed motor vehicle or special fuel, which license, before the time of filing for application, has been revoked for cause;

     (6) Who pled guilty to or was convicted as an individual, corporate officer, director, owner, or managing employee in this or any other state or in any federal jurisdiction of a gross misdemeanor or felony crime directly related to the business or has been subject to a civil judgment involving fraud, misrepresentation, conversion, or dishonesty, notwithstanding chapter 9.96A RCW;

     (7) Who misrepresented or concealed a material fact in obtaining a license or in reinstatement thereof;

     (8) Who violated a statute or administrative rule regulating fuel taxation or distribution;

     (9) Who failed to cooperate with the department's investigations by:

     (a) Not furnishing papers or documents;

     (b) Not furnishing in writing a full and complete explanation regarding a matter under investigation by the department; or

     (c) Not responding to subpoenas issued by the department, whether or not the recipient of the subpoena is the subject of the proceeding;

     (10) Who failed to comply with an order issued by the director; or

     (11) Upon other sufficient cause being shown.

     Before such a refusal or revocation, the department shall grant the applicant a hearing and shall give the applicant at least twenty days' written notice of the time and place of the hearing.

     For the purpose of considering an application for a license issued under this chapter, the department may inspect, cause an inspection, investigate, or cause an investigation of the records of this or any other state or of the federal government to ascertain the veracity of the information on the application form and the applicant's criminal and licensing history.

     The department may, in the exercise of reasonable discretion, suspend a motor vehicle fuel license at any time before and pending such a hearing for unpaid taxes or reasonable cause.

[1998 c 176 § 19; 1998 c 115 § 2; 1996 c 104 § 4; 1994 c 262 § 20; 1973 c 96 § 2; 1965 ex.s. c 79 § 3; 1961 c 15 § 82.36.070. Prior: 1957 c 247 § 5; 1955 c 207 § 4; prior: 1933 c 58 § 3, part; RRS § 8327-3, part.]

Notes: Reviser's note: This section was amended by 1998 c 115 § 2 and by 1998 c 176 § 19, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).