SOCIAL AND HEALTH SERVICES

(Division of Vocational Rehabilitation)

[Filed December 6, 2018, 11:54 a.m., effective January 6, 2019]

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

Purpose: The department is amending WAC 388-891A-1174 When does DVR purchase and loan a vehicle to you? The amendment is a typographical correction in subsection (2)(c) of WAC 388-891A-1174. This change is to ensure that a reference contained in the rule is accurate. Currently, the reference is to WAC 388-891A-1178; the correct reference is to WAC 388-891A-1175.

Citation of Rules Affected by this Order: Amending WAC 388-891A-1174.

Statutory Authority for Adoption: RCW 74.29.020(8).

Other Authority: 34 Code of Federal Regulations, Parts 361, 363, 397.

Adopted under notice filed as WSR 18-18-079 on September 4, 2018.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: December 6, 2018.

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 18-12-035, filed 5/29/18, effective 6/30/18)

WAC 388-891A-1174When does DVR purchase and loan a vehicle to you?

(1) DVR only purchases and loans a vehicle to you under exceptional circumstances and when providing a vehicle would be the least cost service to meet your transportation needs. In such exceptional circumstances, no other transportation options are available and it is not feasible for you to relocate or use other transportation options.

(2) You or the driver of your vehicle must participate in an assessment to determine that you, or if you are riding as the passenger in the vehicle, that the driver, can safely operate the vehicle. As part of that assessment, you, or if you are the passenger, the driver, must provide:

(a) A copy of a current, valid driver's license;

(b) A current copy of a driving record disclosing any moving violations and indicating no criminal convictions related to driving a vehicle;

(c) Documentation of your insurability and the anticipated expense of insuring the vehicle to meet DVR's minimum requirements, as outlined in WAC ((388-891A-1178))388-891A-1175; and

(d) Documentation of your ability to maintain insurance coverage.

(3) If the assessment described in subsection (2) of this section reveals any fact that raises a question regarding driving safety, the DVR counselor must require a driving evaluation conducted by a state-certified driver training instructor, or another relevant evaluation, as appropriate.

(4) When the vehicle has been or will be modified for your use, the driving evaluation described in subsection (3) of this section must be conducted by a certified driver rehabilitation specialist.

(5) The DVR director must approve the purchase of the vehicle and the loan to you.