WSR 04-13-003

EMERGENCY RULES

DEPARTMENT OF LICENSING


[ Filed June 2, 2004, 4:05 p.m. , effective June 10, 2004 ]


Purpose: This rule establishes the minimum portions of the periods of driver's license suspension, revocation, or denial that are imposed administratively based on a law enforcement officer's report of an arrest for an alcohol-related traffic violation after which a person may apply for a temporary restricted driver's license.

Statutory Authority for Adoption: RCW 46.20.391 (section 7, chapter 95, Laws of 2004), 46.01.110.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: As amended by section 7, chapter 95, Laws of 2004, RCW 46.20.391 (1)(c) requires that the department provide by rule the minimum portions of the periods of suspension, revocation, or denial set forth in RCW 46.20.3101 after which a person may apply for a temporary restricted driver's license. In establishing the minimum portions of these periods, the department is directed to consider the requirements of federal law regarding state eligibility for grants or other funding, and to establish such periods so as to ensure that the state will maintain its eligibility, or establish eligibility, to obtain incentive grants or any other federal funding. Under 23 C.F.R. 1313.5(a), federal regulations include the minimum periods that are established by this rule in the requirements for a state to be eligible for incentive grants. In order to retain state eligibility for this incentive grant, this rule needs to be in effect by the effective date of chapter 95, Laws of 2004, which is June 10, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 2, 2004.

June 2, 2004

Denise M. Movius

Assistant Director


NEW SECTION
WAC 308-104-101A   Temporary restricted driver's license -- Person eligible -- Minimum periods of suspension, revocation, or denial.   No person may petition for, and the department shall not issue, a temporary restricted driver's license that is effective during:

(1) The first thirty days of any suspension or denial imposed under RCW 46.20.3101 (2)(a) or (3)(a);

(2) The first ninety days of any revocation or denial imposed under RCW 46.20.3101 (1)(a); or

(3) The first year of any revocation or denial imposed under RCW 46.20.3101 (1)(b), (2)(b), or (3)(b).

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Register

Washington State Code Reviser's Office