WSR 19-21-147

EXPEDITED RULES

WASHINGTON STATE PATROL

[Filed October 22, 2019, 10:18 a.m.]

Title of Rule and Other Identifying Information: WAC 204-96-020 Vehicle impound—DUI/PC with twelve hour hold.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: There is a need to remove this rule as it is now covered under RCW 46.55.360 Impoundment, when required—Law enforcement powers, duties, and liability immunity.

Reasons Supporting Proposal: Repeals redundant language.

Statutory Authority for Adoption: RCW 46.55.075.

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

Name of Agency Personnel Responsible for Drafting: Kimberly Mathis, 106 11th Avenue S.W., Olympia, WA 98504, 360-596-4017; Implementation and Enforcement: Field Operations Bureau, 103 [106] 11th Avenue S.W. Olympia, WA 98507, 360-596-4017.

This notice meets the following criteria to use the expedited repeal process for these rules:

The statute on which the rule is based has been declared unconstitutional by a court with jurisdiction, there is a final judgment, and no statute has been enacted to replace the unconstitutional statute.

The rule is no longer necessary because of changed circumstances.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate:

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Ms. Kimberly Mathis, Washington State Patrol, 106 11th Avenue S.W., Olympia, WA 98507, phone 360-596-4017, email wsprules@wsp.wa.gov, AND RECEIVED BY December 23, 2019.

October 21, 2019

John R. Batiste

Chief

The following section of the Washington Administrative Code is repealed: