WSR 12-13-080

PROPOSED RULES

WASHINGTON STATE PATROL


[ Filed June 19, 2012, 11:47 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-10-018.

Title of Rule and Other Identifying Information: Traction tire devices.

Hearing Location(s): General Administration Building, Room G-3, 210 11th Avenue S.E., Olympia, WA 98504-2600, on July 27, 2012, at 9:00 a.m.

Date of Intended Adoption: August 1, 2012.

Submit Written Comments to: Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, e-mail wsprules@wsp.wa.gov, fax (360) 596-4015, by July 26, 2012.

Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by July 20, 2012, (360) 596-4017.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule changes are needed to coincide with recent legislative changes in 2012 with the passage of SSB 6112. The changes include but may not be limited to updating the language to reference an alternative traction device and outline the testing/certification process for such a device to be considered in the state of Washington.

Reasons Supporting Proposal: Clarifies the process for an approval of an alternative traction device in the state of Washington.

Statutory Authority for Adoption: RCW 46.37.420.

Statute Being Implemented: RCW 43.37.420.

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

Name of Proponent: Washington state department of transportation, governmental.

Name of Agency Personnel Responsible for Drafting: Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504, (360) 596-4017; Implementation and Enforcement: Washington State Patrol, P.O. Box 42600, Olympia, WA 98504, (360) 596-4000.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

SUMMARY OF PROPOSED RULES: The Washington state patrol (WSP) equipment and standards review (ESR) unit is proposing amendments to chapter 204-24 WAC, Traction tire devices.

These proposed changes are in response to 2012 legislation (SSB 6112) that passed which now allows for an alternative traction device to be considered as an approved device for use on Washington roadways in accordance with the rules of the WSP.

The WSP rules (chapter 204-24 WAC) need to be updated to reference an alterative [alternative] traction device and outling [outlining] the testing/certification process for such a device. In addition, there will need to be updates to the WAC to accommodate for any devices that are certified to outline how/when they can be used. The purpose of this chapter is to provide minimum standards and operating regulations for alternative traction tire devices.

The proposed amendments to this chapter include but may not be limited to:


Updating current language to reference an alternative traction tire device.
Outlining the testing and certification process for an alternative traction device.
Amending the chapter to accommodate any device that is certified to outline the proper use of the device.
Adding a suspension or revocation process if there is evidence that the devices failed to comply or no longer complies with any requirement or provision of law or this chapter.
Adds a hearing and appeal process for suspension/revocations of devices.

SMALL BUSINESS ECONOMIC IMPACT STATEMENT -- DETERMINATION OF NEED: Chapter 19.85 RCW, the Regulatory Fairness Act, requires that the economic impact of proposed regulations be analyzed in relation to small businesses. The statute defines small businesses as those business entities that employ fifty or fewer people and are independently owned and operated.

The ESR unit has analyzed the proposed rule amendments and has determined that small businesses may be impacted by these changes, with some costs that may [be] considered "more than minor" and disproportionate to some small businesses that may apply for approval of the alternative traction tire device manufactured by that small business.

EVALUATION OF PROBABLE COSTS AND PROBABLE BENEFITS: Since the proposed amendments "make significant amendments to a policy or regulatory program" under RCW 34.05.328 (5)(c)(iii), ESR has determined the proposed rules to be "significant" as defined by the legislature.

As required by RCW 34.05.328 (1)(d), ESR has analyzed the probable costs and probable benefits of the proposed amendments, taking into account both the qualitative and quantitative benefits and costs.

COST OF COMPLIANCE: To consider costs of compliance, ESR has elected to look at the cost that current company who brought this proposal forward to the legislature has incurred in performing the required tests outlined in the proposed rule. While we understand that the cost may differ depending on the conditions and circumstances of each company, this is the best indicator of cost that the agency has at this time.

Cost of Outcomes Evaluations: The major cost anticipated by small businesses for proposed rule changes is the cost to do the testing and certification of the device comparing the alternative traction device to a chain that is approved for use in the state of Washington. The testing is a onetime requirement to show that the product meets or exceeds the referenced chain when tested on a vehicle certified by its manufacturer as complying with the United States Federal Motor Vehicle Safety Standards and on summer tires (as Washington state does not require winter tires to be used in conjunction with a traction aid).

In the case of the current company, their original testing results conducted in accordance with the ONORM standards did not show that the product met or exceeded the reference chain standard where the chain is of diamond configuration. In Washington state cable chains are also allowed so the company opted to do testing on the ladder chain and using summer tires in order to achieve better test results while still complying with the requirements outlined in the proposed rule. The duration of the tests will vary depending on the weather conditions and location, but the cost to conduct the test was approximately $10,000-16,000 (less than one percent of the annual profit of the company's sales in the United States). So for a company with only ten employees this is a cost of $1,000-1,600 per employee.

Summation - Disproportionate Impact and Mitigation: When there are more than minor costs to small businesses as a result of proposed rule changes, the Regulatory Fairness Act requires an analysis to be done comparing these expenses between small businesses and ten percent of the largest businesses.

ESR looked at the possible disproportionate impact of this requirement on small businesses, as compared to ten percent of the largest businesses. However, since there is only one business that has expressed interest in applying for approval of an alternative traction device, it is not possible to accurately delineate and compare costs between small businesses and ten percent of the largest agencies. The patrol continues to work with the one company that has come forward in the drafting of the rules. Changes have been made prior to the filing of the rules which were suggested by the company to further clarify the process for approval.

ESR has however looked at ways that the cost to small businesses could be mitigated. To help mitigate the cost to small businesses, the proposed rule allows for the testing to be conducted as a part of testing already underway for certification under a recognized standard. In addition the rule will allow for testing previously conducted to be submitted for approval provided that the requirements as outlined in the rule are met. Therefore although this will impact any company that manufactures alternative traction tire devices, it is not anticipated that every company will be required to conduct additional testing in order to meet the requirements outlined in the rule and that in some cases there will not be an impact to the business.

In addition, the patrol has taken into consideration the companies that are required to use traction devices as outlined in the statute and whether or not these proposed rules will have an impact on their business. The determination was made that these companies will not be impacted by the proposed changes as the current options to use traction tires and chains will remain. This proposal would only provide another alternative option for company vehicles to use when traveling in restricted areas of roadway if the company chooses to use it.

Summary of Benefits: Since alternative traction tire devices will be used during severe weather conditions to ensure the safety of the motoring public it is essential that there is a mechanism to ensure that devices approved in the state of Washington meet a standard. Since the only current standard established in the state of Washington is the chain, the proposed rules would compare the alternative traction device against the chain in order to determine approval of the product.

The benefit for the proposed rule changes is to determine whether or not a product meets or exceeds the chain standard to ensure that the product can function in severe weather conditions. In addition, the language will provide law enforcement with the information they need to enforce the traction requirements during the winter season by providing them with a mechanism to determine when the alternative traction devices are no longer safe to use (similar to tread depth of tires).

The standards are necessary in order to protect motorists who travel in areas where traction devices are required by outlining the minimum standards for alternative traction devices to ensure that the product can function in those conditions.

JOBS CREATED OR LOST: This regulation is not a requirement for small businesses; it is an optional application process that a small business can choose to provide to allow their product to be considered approve[d] for use when chains are required in the state of Washington. Therefore, it is not anticipated that the requirements set forth in the current proposal will cause jobs to be lost as a result of small businesses complying with these rules.

CONCLUSION: ESR has given careful consideration to the impact on small businesses of proposed rules in chapter 204-24 WAC, Traction tire devices. In accordance with the Regulatory Fairness Act, chapter 19.85 RCW, ESR has analyzed impacts on small businesses and outlined the reasons for the costs and how the cost has been mitigated.

Please contact Melissa Van Gorkom if you have any questions at (360) 596-4017.

A copy of the statement may be obtained by contacting Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, phone (360) 596-4017, fax (360) 596-4015, e-mail wsprules@wsp.wa.gov.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, phone (360) 596-4017, fax (360) 596-4015, e-mail wsprules@wsp.wa.gov.

June 12, 2012

John R. Batiste

Chief

OTS-4855.1


AMENDATORY SECTION(Amending WSR 08-24-030, filed 11/24/08, effective 12/25/08)

WAC 204-24-005   Promulgation.   By authority of RCW 46.37.005 and 46.37.420, the Washington state patrol adopts the following standards for tire chains and traction ((tires)) devices.

[Statutory Authority: RCW 46.37.005 and 46.37.420. 08-24-030, 204-24-005, filed 11/24/08, effective 12/25/08.]


AMENDATORY SECTION(Amending WSR 08-24-030, filed 11/24/08, effective 12/25/08)

WAC 204-24-010   Scope.   These standards apply to tire chains and traction ((tires)) devices designed for and used upon a public roadway.

[Statutory Authority: RCW 46.37.005 and 46.37.420. 08-24-030, 204-24-010, filed 11/24/08, effective 12/25/08.]


NEW SECTION
WAC 204-24-035   Standards for alternative traction devices.   (1) In order for an alternative traction device to be considered approved:

(a) The alternative traction device must be tested in accordance with a recognized standard on vehicles certified by its manufacturer as complying with the United States Federal Motor Vehicle Safety Standards. The testing will:

(i) Be conducted using USDOT approved summer tires.

(ii) For passenger vehicles, at minimum, be done on both front and rear wheel drive vehicles with the device mounted on only the drive tires.

(iii) For vehicle combinations over 10,000 pounds as outlined in WAC 204-24-050(2), at minimum be done:

(A) On a five axle vehicle with the device on one tire on each side of each drive axle and one tire on the last axle of the last trailer or semi-trailer, if seeking approval for a combination with five or less axles.

(B) On a five axle vehicle with the device mounted on all tires on one drive axle and one tire on the last axle of the last trailer or semi-trailer, if seeking approval for a combination with five or more axles.

(iv) Be done in comparison to a tire chain when tested using the same standard to show that the alternative traction device meets or exceeds the standard as compared to the results of the referenced tire chain approved for use in the state of Washington under this chapter.

(v) Include the following tests:

(A) Durability testing of the product;

(B) Acceleration on both snow and ice;

(C) Deceleration on both snow and ice; and

(D) Traction force of the product on snow.

(b) Alternative traction devices must cooperate well with any given electronic driving support such as ABS, ESP, and ASR.

(c) Alternative traction devices should be resistant to UV light, corrosion, water, fuels, spreading salts and alcohols typically used to clear roads during winter.

(d) The following information must be provided to the Washington state patrol:

(i) A copy of the testing standard used, in English.

(ii) Documentation of the testing results, which must include the data produced for each test comparing the alternative traction device to the referenced tire chain. Except that durability testing is not required to be provided for the referenced tire chain.

(iii) A certified statement from the company or manufacturer outlining what measurable indicator of wear can be used by an officer to indicate when the product will no longer provide adequate traction equivalent to a chain.

(iv) Review and approval by a third-party testing agency that the tests were conducted according to the published standard.

(v) Provide certification of the test results, which must contain the following statement "I certify that the test methods, conditions and results reported are accurate and complete" and bear the signature of the tester.

(2) The patrol may suspend or revoke approval for an alternative traction device upon receiving evidence that the device has failed to comply or no longer complies with any requirement or provision of law or this chapter. The following process will be used:

(a) The patrol will give the applicant or manufacturer notice of the action and an opportunity to be heard as prescribed in chapter 34.05 RCW, prior to suspension or revocation of the approval, except as provided in subsection (3) of this section.

(b) Upon receiving notice of the action, the applicant or manufacturer may request an administrative hearing to contest the decision. A request for administrative hearing must:

(i) Be made in writing and mailed to the Washington State Patrol Equipment and Standards Section, P.O. Box 42600, Olympia, WA 98504-2600; and

(ii) Be received by the patrol's equipment and standards section within twenty business days after the date of the notice of action.

(c) Failure to request a hearing or failure to appear at a hearing, a prehearing conference, or any other stage of adjudicative proceeding may constitute default and result in the entry of a final order under RCW 34.05.440.

(d) Administrative proceedings consistent with chapter 34.05 RCW for revocation or other action will be promptly instituted and determined. The patrol must give notice as practicable to the applicant or manufacturer.

(e) Unless the patrol finds the immediate revocation is necessary or unless the applicant or manufacturer timely requests a hearing as provided under this section, a decision to revoke or suspend will be effective thirty days from the date of the notice of action decision unless that patrol finds that immediate revocation is necessary.

(3) The patrol may, without prior notification suspend or revoke approval for a device if it finds that there is danger to the public health, safety, or welfare that requires immediate action. For every summary suspension of a letter of approval, an order signed by the patrol must be entered in accordance with the provisions of RCW 34.05.479.

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AMENDATORY SECTION(Amending WSR 09-15-150, filed 7/21/09, effective 8/21/09)

WAC 204-24-040   Traction devices.   The following equipment items are approved by the state patrol for use as traction devices wherever traction devices are required by the department of transportation:

(1) Tire chains meeting the standards in WAC 204-24-020.

(2) Studded tires meeting the standards in WAC 204-24-030.

(3) Approved traction tires. An approved traction tire must have the following tread characteristics:

(a) A minimum of 4/32 inch tread, measured in the center portion of the tire at three locations equally spaced around the circumference of the tire.

(b) A relatively aggressive tread pattern designed primarily to provide additional starting, stopping, and driving traction on snow or ice. The tread must have ribs, lugs, blocks or buttons the edges of which are at an angle greater than thirty degrees to the tire circumferential centerline.

(c) On at least one side of the tread design, the shoulder lugs protrude at least 1/2-inch in a direction generally perpendicular to the direction of travel.

(d) Tires manufactured to meet these specifications must:

(i) Be permanently labeled on at least one sidewall with the words "mud and snow" or any contraction using the letters "M" and "S" (e.g. MS, M/S, M-S, M & S, etc.); or

(ii) Be permanently labeled on at least one side wall with the mountain/snowflake symbol.

(4) Alternative traction devices. Any alternative traction device approved under this chapter must be used in accordance with the manufacturer's recommendations concerning proper use of the product. The list of approved devices will be maintained on the patrol's web site. Upon suspension or revocation of an approval for an alternative traction device, the device will be removed from the list of approved devices on the patrol's web site.

[Statutory Authority: RCW 46.37.005 and 46.37.420. 09-15-150, 204-24-040, filed 7/21/09, effective 8/21/09; 08-24-030, 204-24-040, filed 11/24/08, effective 12/25/08. Statutory Authority: RCW 46.37.420. 92-05-016, 204-24-040, filed 2/10/92, effective 3/12/92; 83-21-080 (Order 83-10-01), 204-24-040, filed 10/19/83. Statutory Authority: RCW 46.37.005. 82-11-045 (Order 82-05-01), 204-24-040, filed 5/12/82; Order 7607, 204-24-040, filed 9/14/76; Order 6902, 204-24-040, filed 2/17/70.]


AMENDATORY SECTION(Amending WSR 08-24-030, filed 11/24/08, effective 12/25/08)

WAC 204-24-050   Use of tire chains or other traction devices.   (1) Vehicles under 10,000 pounds gross vehicle weight.

When traffic control signs are posted by the department of transportation it will be unlawful for any vehicle to enter the controlled area without having mounted on its drive tires the traction device specified by the sign, which must also meet the requirements of WAC 204-24-040.

(a) Exception for all wheel drive vehicles. When "chains required" signs are posted, all-wheel drive vehicles will be exempt from the chain requirement when all wheels are in gear and are equipped with approved traction devices as specified in WAC 204-24-040 provided that tire chains for at least one set of drive tires are carried in the vehicle.

(b) Alternative traction devices listed on the patrol's web site as being approved for passenger vehicles as outlined in this chapter will be considered approved for use when "chains required" signs are posted.

(2) Vehicles or combinations of vehicles over 10,000 pounds gross vehicle weight rating (GVWR).

When traffic control signs marked "chains required" are posted by the department of transportation it will be unlawful for any vehicle or combination of vehicles to enter the controlled area without having mounted on its tires, tire chains as follows: Provided, That highway maintenance vehicles operated by the department of transportation for the purpose of snow removal and its ancillary functions are exempt from the following requirements if such vehicle has sanding capability in front of the drive tires.

(a) Vehicles or vehicle combinations with two to four axles including but not limited to trucks, truck-tractors, buses and school buses: For vehicles with a single drive axle, one tire on each side of the drive axle must be chained. For vehicles with dual drive axles, one tire on each side of one of the drive axles must be chained. For vehicle combinations including trailers or semi-trailers; one tire on the last axle of the last trailer or semi-trailer, must be chained. If the trailer or semi-trailer has tandem rear axles, the chained tire may be on either of the last two axles.

(b) Automobile transporters are any vehicle combination designed and used specifically for the transport of assembled (capable of being driven) highway vehicles. For vehicles with single drive axles, one tire on each side of the drive axle must be chained. For vehicles with dual drive axles, one tire on each side of each of the drive axles must be chained. For vehicle combinations including trailers or semi-trailers, one tire on the last axle of the last trailer or semi-trailer must be chained. If the trailer or semi-trailer has tandem rear axles, the chained tire may be on either of the last two axles.

(c) Vehicle combinations with five axles consisting of a truck tractor with dual drive axles and a tandem axled semi-trailer; all tires on one drive axle may be chained or one tire on each side of each of the drive axles may be chained. Chains must be applied to a minimum of four tires on the drive axles. On the tandem axle semi-trailer, the chained tire may be on either of the last two axles.

(d) Vehicle combinations with five axles, consisting of a truck and trailer, or truck tractor and semi-trailer with a single drive axle, or truck tractor, semi-trailer and full trailer: For vehicles with a single drive axle, all tires on the drive axle must be chained. For vehicles with dual drive axles, all tires on one of the drive axles must be chained. For vehicle combinations including trailers or semi-trailers, one tire on the last axle of the last trailer or semi-trailer must be chained. If the trailer or semi-trailer has tandem rear axles, the chained tire may be on either of the last two axles.

(e) Vehicle combinations with six or more axles, including but not limited to truck and trailer or truck tractor and semi-trailer or truck tractor semi-trailer and full trailer: For vehicles with a single drive axle, all tires on the drive axle must be chained. For vehicles with dual drive axles where traffic control signs marked "approved traction tires required" are posted, all tires on one of the drive axles must be chained. For vehicles with dual drive axles where traffic control signs marked "chains required" are posted, all tires on one of the drive axles must be chained. In addition, one tire on each side of the additional drive axle must be chained. For vehicle combinations including trailers or semi-trailers, one tire on the last axle must be chained. For vehicles with tandem axle trailers or semi-trailers, the chained tire may be on either of the last two axles.

(f) All vehicles over 10,000 pounds gross vehicle weight rating (GVWR) must carry a minimum of two extra chains for use in the event that road conditions require the use of more chains or in the event that chains in use are broken or otherwise made useless.

(g) Approved chains for vehicles over 10,000 pounds gross vehicle weight rating (GVWR) must have at least two side chains to which are attached sufficient cross chains of hardened metal so that at least one cross chain is in contact with the road surface at all times. Plastic chains will not be allowed.

(h) On the following routes all vehicles and combinations of vehicles over 10,000 gross vehicle weight rating (GVWR) pounds must carry sufficient tire chains to meet the requirements of this chapter from November 1 to April 1 of each year or at other times when chains are required for such vehicles:

(i) I-90 - Between North Bend (MP 32) and Ellensburg (MP 101).

(ii) SR-97 - Between (MP 145) and Junction SR-2.

(iii) SR-2 - Between Dryden (MP 108) and Index (MP 36).

(iv) SR-12 - Between Packwood (MP 135) and Naches (MP 187).

(v) SR-97 - Between the Columbia River (MP 0.00) and Toppenish (MP 59.00).

(vi) SR-410 - From Enumclaw to Naches.

(vii) SR-20 - Between Tonasket (MP 262) and Kettle Falls (MP 342); and SR-20 between Newhalem (MP 120) and Winthrop (MP 192).

(viii) SR-155 - Between Omak (MP 79) and Nespelem (MP 45).

(ix) SR-970 - Between (MP 0) and (MP 10).

(x) SR-14 - Between Gibbons Creek (MP 18.00) and (MP 108.40) intersection of Cliffs Road.

(xi) SR-542 - Mt. Baker highway between (MP 22.91) and (MP 57.26).

(xii) I-82 - Between Ellensburg Exit 3 (MP 3.00) and Selah Exit 26 (MP 26.00).

Vehicles making local deliveries as indicated on bills of lading and not crossing the mountain pass are exempt from this requirement if operating outside of a chain required area.

(3) For the purpose of this section, chained will mean that the tire has either a tire chain approved for use under chapter 204-24 WAC or an alternative traction tire device listed on the patrol's web site as approved for the type of vehicle combination listed in this section.

(4) The Washington state department of transportation or Washington state patrol may prohibit any vehicle from entering a chain/approved traction device control area when it is determined that the vehicle will experience difficulty in safely traveling the area.

[Statutory Authority: RCW 46.37.005 and 46.37.420. 08-24-030, 204-24-050, filed 11/24/08, effective 12/25/08. Statutory Authority: RCW 46.37.420, 46.12.330, 46.37.005. 02-19-055, 204-24-050, filed 9/12/02, effective 10/13/02. Statutory Authority: RCW 46.37.005. 00-03-081, 204-24-050, filed 1/19/00, effective 2/19/00; 99-06-023, 204-24-050, filed 2/22/99, effective 3/25/99; 98-19-042, 204-24-050, filed 9/11/98, effective 10/12/98; 95-07-137, 204-24-050, filed 3/22/95, effective 4/22/95. Statutory Authority: RCW 46.37.420. 94-08-069, 204-24-050, filed 4/4/94, effective 5/5/94; 92-05-016, 204-24-050, filed 2/10/92, effective 3/12/92. Statutory Authority: RCW 46.37.005. 91-14-004 (Order 91-003), 204-24-050, filed 6/21/91, effective 7/22/91. Statutory Authority: RCW 46.37.420. 83-21-080 (Order 83-10-01), 204-24-050, filed 10/19/83. Statutory Authority: RCW 46.37.005. 82-11-045 (Order 82-05-01), 204-24-050, filed 5/12/82. Statutory Authority: RCW 46.37.005 and 46.37.420. 81-10-038 (Order 81-04-01), 204-24-050, filed 4/30/81; 78-02-091 (Order 7607A), 204-24-050, filed 1/30/78; Order 7607, 204-24-050, filed 9/14/76; Order 6902, 204-24-050, filed 2/17/70.]


AMENDATORY SECTION(Amending WSR 10-19-073, filed 9/16/10, effective 10/17/10)

WAC 204-24-070   Approval of tire chains or traction devices.   (1) Any tire chain, wheel chains, or studded tires meeting the standards in this chapter or certified under one of the following:

(a) Conformance to Federal Motor Vehicle Safety Standards, or, if none,

(b) Conformance to current standards and specifications of the Society of Automotive Engineers will be considered as an approved type chain, or studded tire.

(2) ((In order for an alternative traction device to be considered approved:

(a) The alternative traction device must be:

(i) Tested in accordance with a recognized standard; and (ii) Meet or exceed the standard as compared to the results of a referenced tire chain approved for use in the United States tested using the same standard.

(b) The following information must be provided to the Washington state patrol:

(i) Certification of test results, which must contain the following statement "I certify that the test methods, conditions and results reported are accurate and complete" and bear the signature of the tester.

(ii) A copy of the testing standards used.

(iii) Documentation of the testing results, which must include the data produced for each test comparing the alternative traction device to the referenced tire chain.

(3))) Links to the Code of Federal Regulations are available on the Washington state patrol web site at www.wsp.wa.gov. Copies of the C.F.R. may also be ordered through the United States Government Printing Office, 732 N. Capitol Street, N.W., Washington, D.C. 20401. Copies of the SAE standards are available for review at the Washington State Patrol, 210 11th Avenue, Olympia, WA 98504, and may also be ordered from the Society of Automotive Engineers International, 400 Commonwealth Drive, Warrendale, PA 15096.

[Statutory Authority: RCW 46.37.420 and 46.37.005. 10-19-073, 204-24-070, filed 9/16/10, effective 10/17/10; 08-24-030, 204-24-070, filed 11/24/08, effective 12/25/08. Statutory Authority: RCW 46.37.420. 92-05-016, 204-24-070, filed 2/10/92, effective 3/12/92; 83-21-080 (Order 83-10-01), 204-24-070, filed 10/19/83; 78-02-091 (Order 7607A), 204-24-070, filed 1/30/78; Order 7607, 204-24-070, filed 9/14/76.]


NEW SECTION
WAC 204-24-080   Hearing procedure.   (1) Hearings under this chapter will be pursuant to chapters 34.05 RCW and 10-08 WAC as supplemented by this section.

(2) A presiding officer will conduct a hearing and any prehearing conference(s).

(3) The burden of proof in any hearing will be on the applicant seeking approval, or on the person or agency seeking the suspension or revocation of approval or other action by the patrol.

(4) Oral proceedings must be recorded by the method chosen by the patrol and such recording will become part of the hearing record.

(5) The following process applies to administrative hearings under this chapter:

(a) The patrol will notify the assistant attorney general of the petitioner's request for an administrative hearing.

(b) The assistant attorney general will draft an administrative complaint and send it to the petitioner and to the office of administrative hearings.

(c) The office of administrative hearings will schedule a hearing date, and will notify the petitioner, assistant attorney general, and patrol in writing of the hearing date, time, and location.

(d) The hearing will be conducted by an administrative law judge assigned by the office of administrative hearings.

(e) At the hearing, the assistant attorney general will present witnesses and other evidence on behalf of the patrol.

(f) At the hearing, the petitioner may be represented by an attorney or may choose to represent himself or herself. The petitioner or his/her attorney will be allowed to present witnesses and other evidence.

(g) Nothing in this section will prevent the parties from resolving the administrative matter by settlement agreement prior to conclusion of the administrative hearing.

(6) Initial and final order. At the conclusion of the hearing, the administrative law judge will prepare an initial order and send it to the petitioner and the assistant attorney general.

(a) Either the petitioner or the assistant attorney general, or both, may file a petition for review of the initial order with the patrol within twenty days of the date of service of the initial order. A petition for review must:

(i) Specify the portions of the initial order to which exception is taken;

(ii) Refer to the evidence of record which is relied upon to support the petition; and

(iii) Be filed with the patrol within twenty days of the date of service of the initial order.

(b) A party on whom a petition for review has been served may, within ten days of the date of service, file a reply to the petition. Copies of the reply must be mailed to all other parties or their representatives at the time the reply is filed.

(c) The administrative record, the initial order, and any exceptions filed by the parties will be submitted to the patrol for review. Following this review, the patrol will enter a final order that is appealable under the provisions of chapter 34.05 RCW.

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NEW SECTION
WAC 204-24-090   Appeal.   Any person aggrieved by the decision of the patrol suspending or revoking an approval may appeal such decision to the superior court under the provisions of chapter 34.05 RCW.

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Washington State Code Reviser's Office