WSR 08-18-067

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF LICENSING


[ Filed September 2, 2008, 1:45 p.m. ]

Subject of Possible Rule Making: Ignition interlock driver licensing, ignition interlock device compliance pilot program, WAC 308-104-100, regarding eligibility for occupational/temporary restricted driver's licenses, and WAC 308-104-105, regarding occupational/temporary restricted license denial hearings.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.01.110, 46.20.308, 46.20.385, 46.20.391, and 46.20.745.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is directed by RCW 46.20.385 to adopt rules to implement ignition interlock licensing, to provide for ignition interlock driver license denial hearings, and to provide monetary assistance for indigent persons required to apply for an ignition interlock license according to greatest need and when funds are available in the ignition interlock device revolving account. RCW 46.20.745 requires the department to work with the Washington state patrol and the Washington traffic safety commission to establish an ignition interlock device compliance pilot program. Rules will be necessary to implement ignition interlock licensing and to establish the compliance pilot program. It will also be necessary to make conforming amendments to rules regarding occupational/temporary restricted driver's license eligibility criteria and denial hearings.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Agency study; and the department will be working with the Washington traffic safety commission, the administrative office of the courts, the Washington state patrol, the Washington Association of Sheriffs and Police Chiefs, ignition interlock companies, and other interested organizations and entities in the development of the rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Clark J. Holloway, Department of Licensing, P.O. Box 9020, Olympia, WA 98507-9020, (360) 902-3846, cholloway@dol.wa.gov.

August 28, 2008

Clark J. Holloway

Legislative Liaison

Washington State Code Reviser's Office