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AWB Case Studies
Hulbert Pontiac-Cadillac
Equal Access to Justice for AWB’s Small Business Members
The Mother of All Inspections:
It was called the “Mother of All Inspections!” Steve Hulbert, then owner
of Hulbert Pontiac-Cadillac, invited federal, state and local inspectors to
his small dealership in Olympia in the early 1990s. Steve’s goal was to
write a State of Washington addendum to General Motors “Best Practices”
Manual. It was a voluntary effort on Hulbert’s part but in the end, that
voluntary inspection landed Hulbert with three citations from Washington’s
Dept. of Labor and Industries (L&I) and fines of $4,000 for minor
infractions he didn’t know existed. When asked where he would find the
information about the minor infractions, the inspectors handed him a book of
regulations the size of the Seattle telephone directory and said: “They are
in here! You’re suppose to know what is in this manual.” Through the appeals
process and after $2,000 in legal expenses, L&I dropped the citations and
fines, but Hulbert was out his legal costs.
Here’s How AWB Helped Hulbert and Our Members by Changing the Law
Using Steve Hulbert’s example, AWB launched its regulatory reform effort.
As a result, legislation was enacted in 1994 and 1995 which provided for the
following:
- Technical Assistance Visits—not inspections—which allows inspectors
and employers to correct problems without fines, citations and
retribution. If an employer unknowingly is violating laws or
regulations—like Steve Hulbert—the agency would assist rather than cite
and fine. Fines and penalties would kick in if the employer refuses and is
recalcitrant.
- Small business was allowed to recover legal fees up to $10,000 if
cited by a state inspector cites and fines an employer inappropriately. We
call it “Equal Access to Justice” and the legislature agreed and passed
that concept into law. In Hulbert’s case, he would have not only been
relieved of his $4,000 fines, but reimbursed for his $2,000 in legal
expenses.
Without AWB, Regulatory Reform in Our State Would Be Just a Pipe Dream
….Just Ask Steve Hulbert How AWB Came Through for His Small Business
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