WSR 12-13-055

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed June 15, 2012, 9:47 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-20-095.

Title of Rule and Other Identifying Information: WAC 308-104-004 Definitions, definitions for the terms "notice" and "order."

Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA 98507 (check in at counter on first floor), on July 27, 2012, at 3:00 p.m.

Date of Intended Adoption: July 30, 2012.

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 26, 2012.

Assistance for Persons with Disabilities: Contact Clark J. Holloway by July 26, 2012, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend WAC 308-104-004 to add definitions for the terms "notice" and "order." These terms are defined as being interchangeable for purposes of sending written notices imposing driver's license suspensions, revocations, denials, cancellations, and disqualification of a person from operating a commercial motor vehicle. This clarification may help avoid potential confusion for drivers receiving notice from the department.

Statutory Authority for Adoption: RCW 46.01.110 and 46.20.245.

Statute Being Implemented: RCW 46.20.245.

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) 902-3763.

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 15, 2012

Damon Monroe

Rules Coordinator


AMENDATORY SECTION(Amending WSR 00-18-069, filed 9/1/00)

WAC 308-104-004   RCW definitions.   As used in this chapter, unless the context requires otherwise, the term:

(1) "Examination," for purposes of RCW 46.20.305, means any one or combination of the following:

(a) A medical certificate to be completed by a competent medical authority;

(b) A vision certificate to be completed by a competent vision authority such as an optometrist or ophthalmologist;

(c) A psychiatric evaluation by a competent authority;

(d) An alcohol or drug evaluation or report of progress in alcohol or drug treatment from an alcohol or drug treatment agency approved by the department of social and health services;

(e) A reexamination of knowledge and driving ability conducted by a licensing services representative;

(f) A special examination of knowledge and driving ability conducted by a licensing services representative;

(2) "Jurisdiction" means a state, territory, or possession of the United States; the District of Columbia; or a province of Canada;

(3) "Military personnel" means active members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned officers of the Public Health Service, and members of foreign military organizations assigned to this state on official duty. For purposes of this section, a person in the reserves will not be considered an "active member" unless he or she has been called to active duty for a period exceeding the full period specified for license expiration in RCW 46.20.181;

(4) "Notice" and "order", when used in relation to driver's license suspensions, revocations, denials, and cancellations, and in relation to the disqualification of a person from operating a commercial motor vehicle, may be interchangeable and mean the written notice given by the department to a person under the provisions of RCW 46.20.245 or other law;

"State" means a state of the United States, the District of Columbia, or a United States territory or possession.

[Statutory Authority: RCW 46.01.110. 00-18-069, 308-104-004, filed 9/1/00, effective 10/2/00; 87-19-129 (Order DS 3), 308-104-004, filed 9/22/87.]

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