Effective Date of Rule: Thirty-one days after filing.
Purpose: 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.
Citation of Existing Rules Affected by this Order: Amending WAC 308-104-004.
Statutory Authority for Adoption: RCW 46.01.110, 46.20.245.
Adopted under notice filed as WSR 12-13-055 on June 15, 2012.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 14, 2012.
(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;
(5) "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.]