DEPARTMENT OF LICENSING

[Filed December 6, 2019, 8:13 a.m.]

Preproposal statement of inquiry was filed as WSR 18-18-092.

Title of Rule and Other Identifying Information: WAC 308-108-155 driver training schools, required curriculum and proper diligence.

Hearing Location(s): On January 22, 2020, at 10:00 a.m., at the Highway[s] Licensing [Licenses] Building, 1125 Washington Street S.E., Olympia, WA 98507. Check in at first floor counter.

Date of Intended Adoption: January 23, 2020.

Submit Written Comments to: Cara Jockumsen, P.O. Box 9030, Olympia, WA 98507-9030, email cjockumsen@dol.wa.gov, fax 360-570-4976, by January 21, 2020.

Assistance for Persons with Disabilities: Contact Cara Jockumsen, phone 360-902-4008, fax 360-570-4976, TTY 711 or person's name, email cjockumsen@dol.wa.gov, by January 17, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule provides a framework for ensuring driver training schools are teaching the required curriculum as mandated by RCW 46.82.420.

Reasons Supporting Proposal: Ensure compliance with teaching the required curriculum RCW 46.82.420.

Statutory Authority for Adoption: RCW 46.82.420.

Statute Being Implemented: RCW 46.82.420.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: None.

Name of Proponent: Department of licensing (DOL), governmental.

Name of Agency Personnel Responsible for Drafting: Loni Miller, 1125 Washington Street S.E., Olympia, WA 98507, 360-902-3703; Implementation: Cara Jockumsen, 1125 Washington Street S.E., Olympia, WA 98507, 360-902-3703; and Enforcement: Lou Blanchard, 1125 Washington Street S.E., Olympia, WA 98507, 360-902-3703.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. This rule proposal is being filed on behalf of DOL which is exempt from this statute.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. In order to fulfill the department's role pursuant to RCW 46.82.420(3), DOL, with agreement from office of superintendent of public instruction (OSPI), held a series of stakeholder meetings to solicit input on the rule writing related to auditing driver training schools (DTS). These meetings led to workshops where DTS owners, DTS instructors, the traffic safety commission, OSPI, and DOL collaborated on drafting proposed rule language and a cross-reference form that will aid impacted businesses in communicating their compliance with the required curriculum. As the proposed language states, DTSs and/or instructors will be required to complete and submit a form to DOL, and update the form when changes are made that effect the accuracy of the form. The department surveyed impacted DTSs to determine estimated costs of complying with the proposed rule. Comparing these reported costs to estimated annual revenue of the industry, and asking the schools if they felt the cost of complying would cause them to incur more-than-minor costs, the department determined that the minor cost threshold was not met. A copy of the small business economic impact statement is available on the department's website and by request.

A copy of the detailed cost calculations may be obtained by contacting Ellis Starrett, P.O. Box 9030, Olympia, WA 98507-9030, phone 360-902-3846, email estarrett@dol.wa.gov.

WAC 308-108-155Required curriculum.

(1) The required curriculum referred to in RCW 46.82.420 includes competencies to develop knowledge, skills, and awareness related to novice drivers. Training must include, but is not limited to, instruction on the following concepts outlined in the required curriculum:

(a) Rules of the road;

(b) Vehicle components;

(d) Driver behavior;

(e) Sharing the road;

(f) Attention and perception;

(g) Hazard and risk management;

(h) Vehicle maintenance/malfunctions and technology;

(i) Managing emergencies and adverse conditions;

(j) Respect and responsibility; and

(k) Vehicle technology systems.

(2) Driver training schools will cross-reference the required curriculum and the school's curriculum guide (WAC 308-108-170) on a form provided by and submitted to the department. When changes are made that affect the cross-reference form, the school must update the cross-reference form and submit it to the department.