DEPARTMENT OF LICENSING

[Filed February 27, 2020, 8:10 a.m.]

Preproposal statement of inquiry was filed as WSR 19-15-047.

Title of Rule and Other Identifying Information: WAC 308-101-030 Computation of time.

Hearing Location(s): On April 7, 2020, at 10:00 a.m., at the Highways-Licenses Building, 1125 Washington Street S.E., Conference Room 430, Olympia, WA 98504. Check in at the first floor counter.

Date of Intended Adoption: April 8, 2020.

Submit Written Comments to: Marguerite Friedlander, Administrator, Department of Licensing, Highways-Licenses Building, 1125 Washington Street S.E., Olympia, WA 98504, email mfriedland@dol.wa.gov, fax 360-570-7009, by April 6, 2020.

Assistance for Persons with Disabilities: Contact Marguerite Friedlander, administrator, department of licensing, phone 360-664-1523 or 360-902-0105, email mfriedland@dol.wa.gov, by April 3, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule establishes a uniform method of computation for determining when the department receives a hearing request form, pursuant to RCW 46.20.308(7).

Reasons Supporting Proposal: This rule will avoid inconsistency in calculations and reduce the number of hearings that would be dismissed for being scheduled beyond the statutory thirty days.

Statutory Authority for Adoption: RCW 46.01.110 and 46.20.308.

Statute Being Implemented: Not applicable.

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

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Marguerite Friedlander, 421 Black Lake Boulevard S.W., Olympia, WA 98502, 360-664-1523.

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. No cost is associated with this rule change.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.

AMENDATORY SECTION(Amending WSR 18-11-098, filed 5/21/18, effective 9/4/18)

WAC 308-101-030Computation of time.

(1) In computing any period of time prescribed or allowed by any applicable statute or rule, RCW 1.12.040 shall apply;

(2) When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation;

(3) Whenever a person has the right to request a hearing or other proceeding within a prescribed period after "notice is given" by the department under Title 46 RCW or 308 WAC, such notice is deemed to be given on the third day after the notice is deposited into the state mailing service;

(4) Whenever a person has the right to request a hearing or other proceeding within a prescribed period after "receiving notice" from the department under Title 46 RCW or 308 WAC, such notice is deemed to be "received" by a person on the third day after the notice is deposited into the state mailing service((.));

(5) A request for a hearing or interview under Title 46 RCW is deemed complete on the day the request is postmarked or, if sent electronically, the date the request is received by the department, and the department is deemed to be in receipt of the hearing or interview request on the third day after the request is postmarked.