WSR 01-09-062

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed April 16, 2001, 2:47 p.m. ]

Date of Adoption: April 16, 2001.

Purpose: Amends the department's criteria for determining the need to enter into an agreement with third parties to test applicants for commercial driver's licenses.

Citation of Existing Rules Affected by this Order: Amending WAC 308-100-140.

Statutory Authority for Adoption: RCW 46.01.110 and 46.25.060.

Adopted under notice filed as WSR 01-04-075 on February 6, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

April 16, 2001

Denise M. Movius

Assistant Director


AMENDATORY SECTION(Amending WSR 00-18-068, filed 9/1/00, effective 10/2/00)

WAC 308-100-140   Third party tester.   The department may enter into an agreement with third party testers to conduct the commercial driver's license classified skill examination. An agreement will only be made where the department has determined that a need for a third party tester exists in the location covered by the third party tester, and that the third party tester is otherwise qualified. In counties where there are no third party testers, the department will not base the determination of need solely on the expected number of applicants for a commercial driver's license in those locations. The department may suspend an agreement with a third party tester for any length of time upon a showing of good cause. An agreement between the department and a third party tester will be valid for no more than two years, provided that the department may extend an agreement for up to an additional two years at its discretion. The department may renew an agreement if it has determined that a need for a third party tester still exists in the location covered by the third party tester.

[Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. 00-18-068, 308-100-140, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 3, 5, 8 and 16. 89-18-003, 308-100-140, filed 8/24/89, effective 9/24/89.]

Washington State Code Reviser's Office