WSR 09-15-195

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed July 22, 2009, 11:38 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-09-127.

Title of Rule and Other Identifying Information: Chapter 308-107 WAC, Ignition interlock driver's license -- Application, eligibility, requirements, deadlines, duration.

Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on August 26, 2009, at 3:00 p.m.

Date of Intended Adoption: August 27, 2009.

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 August 25, 2009.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend WAC 308-107-020 to clarify application and eligibility requirements for an ignition interlock driver's license, impose a deadline for meeting requirements after an application has been submitted, and add information on license duration.

Reasons Supporting Proposal: Administrative review and informal advice from attorney general's office.

Statutory Authority for Adoption: RCW 46.01.110 and 46.20.385.

Statute Being Implemented: RCW 46.20.385.

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: Doron Maniece, 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).

July 22, 2009

D. Maniece

Assistant Director


AMENDATORY SECTION(Amending WSR 08-24-059, filed 11/26/08)

WAC 308-107-020   Ignition interlock license -- Application -- License term.   (1) A person applying for an ignition interlock driver's license must meet the requirements of RCW 46.20.380 and 46.20.385, and submit ((a nonrefundable fee as required by RCW 46.20.380, and submit an application on a form provided by the department)) the following:

(a) A nonrefundable application fee of one hundred dollars;

(b) An application on a form provided by the department;

(c) Satisfactory proof of financial responsibility under chapter 46.29 RCW; and

(d) Proof from an installer approved by the department that a functioning ignition interlock device has been installed.

If all the requirements for an ignition interlock driver's license are not met within thirty days after the application has been accepted by the department, the license will be denied.

(2) In the event of an alcohol-related deferred prosecution, the ignition interlock driver's license requirement shall extend for a two-year term from the date the deferral was granted.

(3) Reapplication for the ignition interlock driver's license may be required whenever a new administrative suspension or revocation is imposed.

[Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. 08-24-059, 308-107-020, filed 11/26/08, effective 1/1/09.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office