[WSBARP] Lien Question

[Clark, Catherine]

Thank you.  Very helpful.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
701 Fifth Avenue, Suite 4105
Seattle, WA  98104
Phone:  (206) 838-2528
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
Sent: Saturday, January 24, 2015 9:05 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Lien Question


An agency has the power conferred on it by the legislature, either expressly or by necessary implication.  Wash. Ind. Telephone Ass'n. v. Utilities and Transportation Comm'n, 148 Wn.2d 887 (2003).  An agency may fill in the gaps, if rules are necessary to effect the statute.  Wash. Pub. Ports Ass'n. v. DOR, 148 Wn.2d 637 (2003).  Filing a lien when there are other means to secure payment would arguably be a stretch.


On January 23, 2015 at 4:57 PM Mark Higgins <markthiggins at gmail.com<mailto:markthiggins at gmail.com>> wrote:
My understanding is that a regulation has to be properly authorized by a statute or it is invalid.  I am more used to this principle in the arena of IRS treasury regulations possibly being invalid as being beyond the scope of the internal revenue code.​

On Fri, Jan 23, 2015 at 3:40 PM, Clark, Catherine <Cat at loccc.com<mailto:Cat at loccc.com>> wrote:
Listmates:

May the state lien personal property based solely on a WAC where there is no underlying RCW which authorizes such a lien?

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
701 Fifth Avenue, Suite 4105
Seattle, WA  98104
Phone:  (206) 838-2528<tel:%28206%29%20838-2528>
Fax: (206) 374-3003<tel:%28206%29%20374-3003>
Email:  cat at loccc.com<mailto:cat at loccc.com>

NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited.  If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528<tel:%28206%29%20838-2528>. Thank you.


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--
Mark T. Higgins
Mark T. Higgins, P.C.
P.O. Box 57
Darrington, WA 98241
206-491-2420
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Scott G. Thomas
Law Office of Scott G. Thomas
1204 Cleveland Avenue
Mount Vernon, WA 98273
(360) 503-1042
www.scottgthomaslaw.com<http://www.scottgthomaslaw.com>

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