WSR 09-19-086

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed September 18, 2009, 8:52 a.m. , effective October 19, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 308-107-020.

Statutory Authority for Adoption: RCW 46.01.110 and 46.20.385.

Adopted under notice filed as WSR 09-15-195 on July 22, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 17, 2009.

Walt Fahrer

Rules Coordinator


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

WAC 308-107-020   Ignition interlock driver's 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