DEPARTMENT OF LICENSING

[Filed October 7, 2020, 11:35 a.m., effective November 7, 2020]

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

Purpose: The department of licensing is adopting permanent rules to allow driver training schools to conduct web-based instruction during state of emergencies. WAC 308-108-190 Emergency clause sets forth standards for web-based instruction including waiving the requirement for in-person instruction, outlining requirements for the instruction to be interactive, and ensures that requirements in chapter 46.82 RCW are met. The new language also allows schools to waive the one hour student observation drive.

Citation of Rules Affected by this Order: New WAC 308-108-190.

Statutory Authority for Adoption: RCW 46.82.290.

Adopted under notice filed as WSR 20-18-100 on September 2, 2020.

A final cost-benefit analysis is available by contacting Ellis Starrett, 1125 Washington Street S.E., Olympia, WA 98504, phone 360-902-3846, email rulescoordinator@dol.wa.gov, website www.dol.wa.gov/rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 1, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 1, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 7, 2020

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.