DEPARTMENT OF LICENSING

[Filed September 2, 2020, 10:40 a.m.]

Preproposal statement of inquiry was filed as WSR 20-14-128.

Title of Rule and Other Identifying Information: New section pertaining to driver training schools, WAC 308-108-190 Emergency clause.

Hearing Location(s): On October 6, 2020, at 10:00 a.m.

1 (360) 407-3815. Conference ID: 2868139.

Audio recording will be in progress for the remote hearing via phone.

Date of Intended Adoption: October 7, 2020.

Submit Written Comments to: Ellis Starrett, 1125 Washington Street S.E., Olympia, WA 98504, email rulescoordinator@dol.wa.gov, by October 5, 2020.

Assistance for Persons with Disabilities: Contact Ellis Starrett, phone 360-902-3846, email rulescoordinator@dol.wa.gov, by October 1, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is filing this proposed rule language to allow driver training schools to perform web based instruction during a state of emergency.

Reasons Supporting Proposal: Emergency rules were filed to authorize web based instruction during the statewide response to COVID-19, allowing for interactive web based instruction of driver training curriculum to continue while business locations may be closed and in-person classes may not be allowed. These emergency rules will expire on November 7, 2020. Due to the ongoing state of emergency and the need to continue to limit the spread of COVID-19, the department is proposing permanent rule making that will support driver training schools in [and] continue to operate during a time when in-person learning poses a risk to public health. The department sent driver training schools proposed rule language that would allow for web based instruction to continue during state of emergencies only. School owners submitted written feedback on the rules and the department collaborated with the industry on adjustments to the language based on the feedback given.

Statutory Authority for Adoption: RCW 46.82.290 Administration of chapter—Adoption of rules.

Statute Being Implemented: This rule is being adopted based on an identified need under the authority of RCW 46.82.290.

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: Ellis Starrett, 1125 Washington Street S.E., Olympia, WA 98504, 360-902-3846; Implementation: Loni Miller, 1125 Washington Street S.E., Olympia, WA 98504, 360-902-3901; and Enforcement: Lou Blanchard, 1125 Washington Street S.E., Olympia, WA 98504, 360-664-0213.

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. RCW 34.05.328(5) does not apply.

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. These rules do not impose additional requirements beyond what is already required in RCW and WAC. Additionally, schools are not required to participate in web based instruction. When surveyed, schools did not identify any costs imposed by these rules. A copy of the survey can be found at https://www.dol.wa.gov/business/drivertraining/dtlaws.html.

WAC 308-108-190Emergency clause.

The following rule applies to when instructors or students are not able to convene in person due to a state of emergency issued by the governor under RCW 43.06.210 and 43.06.220. While a state of emergency remains in effect, the director of licensing may allow driver training schools to:

(1) Offer driver training education through web-based instruction. Any web-based instruction offered under this provision must:

(a) Comply with all requirements in chapter 46.82 RCW, including RCW 46.82.350;

(b) Offer classes remotely with interactive, web-based instruction;

(d) Waive requirements to complete the one hour of student driver observation in WAC 308-108-160 (1)(b); and

(e) Allow students to communicate with the instructor in real-time.

(2) When the state of emergency has been rescinded, schools have thirty calendar days to conclude web-based instruction and return to in-person instruction.