Preproposal statement of inquiry was filed as WSR 18-12-019.
Title of Rule and Other Identifying Information: Towing business requirements.
Hearing Location(s): On December 27, 2018, at 11:00 a.m., at 106 11th Avenue S.W., Room G015B, Olympia, WA 98504.
Date of Intended Adoption: December 28, 2018.
Submit Written Comments to: Kimberly Mathis, Rules Coordinator, 106 11th Avenue S.W., Olympia, WA 98504, email email@example.com, by December 28, 2018.
Assistance for Persons with Disabilities: Contact Kimberly Mathis, phone 360-596-4017, email firstname.lastname@example.org, by December 26, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: There is a need to update and clarify the application and qualifications for a letter of appointment in WAC 204-91A-060. Additionally, stakeholders have asked the agency to amend the disqualifications for applicants, partners, corporate officers, and employees.
Reasons Supporting Proposal: Updates are to provide clarity and consistency in terms used throughout the chapter and cleanup existing language.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state patrol (WSP), governmental.
Name of Agency Personnel Responsible for Drafting: Kimberly Mathis, Olympia, Washington, 360-596-4017; Implementation and Enforcement: WSP, Olympia, Washington, 360-596-4017.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
John R. Batiste
(1) An application must be approved and a letter of appointment issued by the patrol before an operator is authorized to provide towing services for the patrol pursuant to this chapter. However, nothing herein prohibits the patrol from calling a towing business upon the specific request of a person responsible for a vehicle or his/her agent.
(2) An application for letter of appointment must be completed by:
Who must complete
The patrol may require each of the present and subsequent officers, managers, and stakeholders holding 10% or more of the total issued stock to complete an application.
(3) To be issued a letter of appointment, the applicant(s) must:
(a) Complete the application form provided by the patrol; and
(b) Attach to the application a signed "letter of contractual agreement" listing the maximum tow rates to be charged for services resulting from state patrol originated calls; and
(c) Satisfy the requirements contained in WAC 204-91A-070; and
(d) Demonstrate through a letter included with the application that they have at least two years of experience within the towing industry, or be granted a waiver if the owner/operator does not have the required two years experience.
(i) The two years of experience must have been acquired within five years of the date of application. The two years of experience may be satisfied by demonstrating any of the following:
(A) He or she has been a registered tow truck operator for a minimum of two years prior to the date of application with at least one approved "A" or "B" class tow truck, additional trucks are optional, and has a working knowledge of the paperwork requirements for impounds; or
(B) He or she has worked as an employee of a tow company on the state patrol's rotational tow list and gained experience within the towing industry including, but not limited to, the operation of vehicles, complying with the state and federal standards and regulations, and processing of paperwork for auditing and other purposes; or
(C) He or she will keep in place the existing management team/employees for a minimum of one year upon purchasing the business.
(ii) If the owner/operator does not have the required two years experience, the owner/operator may be granted a waiver of this requirement. If the owner/operator is granted a waiver, the letter of appointment may be granted on a probationary basis for a period of one year from the date of the waiver.
(4) Upon receipt by the patrol of a completed application:
(a) The district office must:
(i) Complete the tow zone portion of the application form. The district commander or designee will enter "approved" or "disapproved" next to the zone designation and sign the application form; and
(ii) Forward the application form to the section.
(b) The section will review the application form to ensure the applicant(s) meet all the requirements as outlined under subsections (5) through (9) of this section. If the application is denied, a letter will be sent to the applicant(s) from the section articulating the reasons for the denial. If the application is approved it will be assigned a docket number which will be its permanent identification number for all matters relating to the application and letter of appointment.
(5) The patrol will refuse to issue or may revoke a letter of appointment or contract if the applicant, partner, corporate officer involved in daily operations, or any employee who operates a tow truck, assists in vehicle auctions, or is involved in daily operations:
(a) Has been convicted of any of the following:
(i) Any class A felony or any "sex offense" as defined in RCW 9.94A.030
, regardless of the date of conviction; or
(ii) Any class B felony within the last ten years; or
(iii) Any class C felony within the last five years; or
(iv) A DUI, as defined in chapter 46.61
RCW, two or more times within the last five years; or
(v) Any gross misdemeanor listed in this subsection within the last three years:
(B) Any domestic violence as defined in RCW 10.99.020; (C) Assault in the fourth degree as defined in RCW 9A.36.041; (D) Reckless endangerment as defined in RCW 9A.36.050; (F) Interfering with reporting domestic violence as defined in RCW 9A.36.150; (G) Aiming or discharging firearm, dangerous weapon as defined in RCW 9.41.230; (H) Dangerous weapon as defined in RCW 9.41.250; (I) Unlawful carrying/handling weapon apparently capable of producing bodily harm as defined in RCW 9.41.270; (J) Possessing dangerous weapon on school facilities as defined in RCW 9.41.280; (K) Failure to register as felony firearm offender as defined in RCW 9.41.335; (M) Failure to report child pornography as defined in RCW 9.68A.080; (N) Communication with minor for immoral purposes as defined in RCW 9.68A.090; (O) Permitting commercial sexual abuse of a minor as defined in RCW 9.68A.103; (P) Sexual misconduct with a minor in the second degree as defined in RCW 9A.44.096; (R) Failure to register as sex offender or kidnapping offender as defined in RCW 9A.44.132; (S) Custodial sexual misconduct in the second degree as defined in RCW 9A.44.170; (T) Indecent exposure as defined in RCW 9A.88.010; (U) Vehicle prowling in the second degree as defined in RCW 9A.52.100; (V) Making or having burglar tools as defined in RCW 9A.52.060; (W) Criminal trespass in the first degree as defined in RCW 9A.52.070; (X) Theft in the third degree as defined in RCW 9A.56.050; (Y) Making or possessing motor vehicle theft tools as defined in RCW 9A.56.063; (Z) Theft of rental, leased, lease-purchased, or loaned property as defined in RCW 9A.56.096; (AA) Possession of stolen property in the third degree as defined in RCW 9A.56.170; (BB) Obscuring identity of machine as defined in RCW 9A.56.180; (CC) Criminal impersonation in the second degree as defined in RCW 9A.60.045; (DD) Unlawful issuance of checks or drafts as defined in RCW 9A.56.060; (EE) Food stamps—Unlawful sale as defined in RCW 9.91.140; (FF) Food stamps—Trafficking as defined in RCW 9.91.142; (GG) Theft of motor vehicle fuel as defined in RCW 46.61.740; (HH) Driving under the influence as defined in RCW 46.61.502; (II) Physical control of vehicle under the influence as defined in RCW 46.61.504; (JJ) Reckless driving as defined in RCW 46.61.500; (KK) Reckless endangerment of roadway workers as defined in RCW 46.61.527; (LL) Hit and run attended as defined in RCW 46.52.020; (MM) Operating railroad, steamboat, vehicle while intoxicated as defined in RCW 9.91.020; (NN) Operation of personal watercraft in a reckless manner as defined in RCW 79A.60.040; (OO) Obstructing a law enforcement officer as defined in RCW 9A.76.020; (RR) Violation of antiharassment order as defined in RCW 9A.46.040; (SS) Violation of order restricting contact as defined in RCW 9A.46.080; (TT) Escape in the third degree as defined in RCW 9A.76.130; (UU) Rendering criminal assistance in the first degree as defined in RCW 9A.76.070; (VV) Malicious mischief in the third degree as defined in RCW 9A.48.090; (WW) Making a false or misleading statement to a public servant as defined in RCW 9A.76.175; (XX) False reporting as defined in RCW 9A.84.040; (YY) False swearing as defined in RCW 9A.72.040; (ZZ) Criminal mistreatment in the third degree as defined in RCW 9A.42.035; (AAA) Abandonment of a dependent person in the third degree as defined in RCW 9A.42.080; (BBB) Violation of order as defined in RCW 26.50.110; (CCC) Jury tampering as defined in RCW 9A.72.140; (DDD) Tampering with evidence as defined in RCW 9A.72.150; (EEE) Animal cruelty in the second degree as defined in RCW 16.52.207; (FFF) Reckless burning in the second degree as defined in RCW 9A.48.050;
(GGG) Any comparable out-of-state, federal or municipal crimes.
(b) Must register as a sex offender or kidnapping offender; or
(c) Has been granted a deferred prosecution under chapter 10.05
RCW for any gross misdemeanor within the last three years.
(6) The patrol may refuse to issue or may revoke a letter of appointment or contract if the applicant, partner, corporate officer involved in daily operations, or any employee who operates a tow truck, assists in vehicle auctions, or is involved in daily operations:
(a) Has been convicted of any misdemeanor listed in this subsection within the last year; or:
(i) Any domestic violence as defined in RCW 10.99.020; (ii) Alteration of identifying marks as defined in RCW 9.41.140; (iv) Indecent exposure as defined in RCW 9A.88.010; (v) Permitting prostitution as defined in RCW 9A.88.090; (vi) Patronizing a prostitute as defined in RCW 9A.88.110; (vii) Criminal trespass in the second degree as defined in RCW 9A.52.080; (viii) Food stamps—Unlawful sale as defined in RCW 9.91.140; (ix) Driver under twenty-one consuming alcohol or marijuana as defined in RCW 46.61.503; (x) Hit and run unattended as defined in RCW 46.52.010; (xi) Negligent driving in the first degree as defined in RCW 46.61.5249; (xii) Escape in the third degree as defined in RCW 9A.76.130; (xiii) Rendering criminal assistance in the second degree as defined in RCW 9A.76.080; (xiv) Rendering criminal assistance in the third degree as defined in RCW 9A.76.090; (xv) Criminal mistreatment in the fourth degree as defined in RCW 9A.42.037; (xvi)Leaving a child in the care of a sex offender as defined in RCW 9A.42.110; (xvii) Violation of restraining order or preliminary injunction as defined in RCW 26.44.063; (xviii) Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child as defined in RCW 26.44.150; (xix) Refusing to summon aid for a peace officer as defined in RCW 9A.76.030; (xx) Resisting arrest as defined in RCW 9A.76.040; (xxi) Bail jumping as defined in RCW 9A.76.170; (xxii) Disorderly conduct as defined in RCW 9A.84.030; and
(xxiii) Any comparable out-of-state, federal or municipal crimes.
(b) Has been granted a deferred prosecution under chapter 10.05
RCW for any misdemeanor within the last year.
(7) The patrol may refuse to issue or may revoke a letter of appointment or contract if any applicant, partner or corporate officer involved in daily operations, or any employee who operates a tow truck or assists in vehicle auctions:
(a) Has demonstrated a willful disregard for complying with ordinances, statutes, administrative rules or court orders, whether at the local, state or federal level; or
(b) Fails to demonstrate character and general fitness sufficient to command the confidence of the patrol and warrant a belief that the business will be operated honestly, fairly and efficiently in the conduct of towing, impound, and vehicle auction activities. In determining character and general fitness, the patrol may consider:
(i) Prior contacts with law enforcement; and
(ii) Criminal record; and
(iii) Reputation in the community; and
(8) A misrepresentation of fact found to have been made by an applicant during the application process or by a letter of appointment holder shall be deemed a lack of good faith and shall constitute good and sufficient cause for the denial of an application or the revocation or suspension of the letter of appointment.
(9) Only one application per year to tow on the patrol's rotational tow list will be accepted and considered for an applicant who has had their previous application denied or had their letter or contract of appointment revoked. The year will run from the date of application denial or the date of revocation of the letter of appointment.
(10) The term "conviction" as used in this section will have the same meaning as used in RCW 9.94A.030
(11) Crimes referenced in this section are as defined in the criminal code as they existed at the time of the violation, as they now exist or may later be amended in the state of Washington. Out-of-state convictions for offenses will be classified according to the comparable offense definitions and sentences provided by Washington law.
(12) An individual may request to review their record using the form outlined in WAC 446-20-400. The request must be made by the person whose record is sought. When requested by the patrol, other documentation to prove identification must be provided prior to viewing the record. An individual wishing to contest the information contained in their criminal history must do so using the process established in chapter 446-20 WAC.
(13) For the purpose of this chapter, the term daily operations will mean processing:
(a) The acceptance or release of a vehicle under a letter of appointment; or
(b) Transactions for any tow requested under a letter of appointment.