WSR 06-12-126

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed June 7, 2006, 11:27 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-02-036.

Title of Rule and Other Identifying Information: Driver's licenses -- Prohibited practices -- Suspension, cancellation, or denial period.

Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA, on July 12, 2006, at 4:00 p.m.

Date of Intended Adoption: July 13, 2006.

Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail cholloway@dol.wa.gov, fax (360) 586-8351, by July 11, 2006.

Assistance for Persons with Disabilities: Contact Clark J. Holloway by July 11, 2006, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Creates a new section in chapter 308-104 WAC to set the range of the driver's license suspension, cancellation, or denial imposed by the department when a driver has been convicted of or has been determined to have committed one of the prohibited practices relating to driver's licenses listed under RCW 46.20.0921, such as license fraud or providing false information when applying for a license. Makes it clear that for purposes of the prohibited practices, an application for a commercial driver's license includes both the application for the regular driver's license and for the commercial driver's license endorsement.

Reasons Supporting Proposal: Federal regulations, 49 C.F.R. 383.73(g) requires that the state shall at a minimum suspend, cancel, or revoke a person's commercial driver's license or his or her pending application, or disqualify the person from operating a commercial motor vehicle for a period of at least sixty consecutive days if he or she has falsified information in connection with an application for a commercial driver's license. The state laws that apply to suspension, cancellation, or denial of commercial driver's licenses for fraudulent application or falsifying information apply equally to regular driver's licenses, so the proposed rule covers both licenses. Adopting a rule on this subject will ensure that the state of Washington remains in compliance with federal requirements.

Statutory Authority for Adoption: RCW 46.01.110, 46.20.207, 46.20.291.

Statute Being Implemented: RCW 46.20.207 and 46.20.291.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting: Clark J. Holloway, Highways-Licenses Building, Olympia, Washington, (360) 902-3846; Implementation and Enforcement: Becky Loomis, Highways-Licenses Building, Olympia, Washington, (360) 902-3850.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.025(3).

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).

June 6, 2006

Barbara Sandahl, Director

Policy and Legislative Affairs


NEW SECTION
WAC 308-104-075   Driver's licenses -- Prohibited practices -- Suspension, cancellation, or denial period.   The department shall suspend, cancel, or deny all driving privileges of a person who has been convicted of or determined by the department to have committed one of the prohibited practices relating to drivers' licenses listed in RCW 46.20.0921 for a period of not less than sixty consecutive days and not more than three hundred sixty-four consecutive days. For purposes of RCW 46.20.0921 (1)(e), an application for a commercial driver's license includes the application for a driver's license under RCW 46.20.091 and the application for a commercial driver's license under RCW 46.25.070.

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Washington State Code Reviser's Office