DEPARTMENT OF LICENSING

[Filed November 17, 2020, 4:43 p.m.]

Preproposal statement of inquiry was filed as WSR 20-19-111.

Title of Rule and Other Identifying Information: WAC 308-104-075 Driver's licenses—Prohibited practices—Suspension, cancellation, or denial period.

Hearing Location(s): On December 22, 2020, at 9:00 a.m., telephonic public rules hearing, call-in number: 360-407-3815, Conference ID: 2868139#.

Date of Intended Adoption: December 23, 2020.

Submit Written Comments to: Damon Monroe, Agency Rules Coordinator, Department of Licensing, P.O. Box 9030, Olympia, WA 98507-9030, email rulescoordinator@dol.wa.gov.

Assistance for Persons with Disabilities: Contact Ellis Starrett, rules and policy manager, phone 360-902-3846, email Estarrett@dol.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department seeks to exercise discretion as it relates to suspension periods, including not suspending the driver's license on identity fraud cases.

Reasons Supporting Proposal: The amendment will update the department's policy on suspension periods related to fraud. The amendment will allow for discretion as it relates to suspension periods, from a zero day suspension to three hundred sixty-four days, depending on the type of identity fraud, type of credential involved, driver status of the individual committing fraud, etc. This change will support an internal process already being used by driver and vehicle investigators.

Statutory Authority for Adoption: RCW 46.01.110 and 46.20.291.

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: Geoffrey Cunningham, 1125 Washington Street S.E., Olympia, WA 98504, 360-902-3655; Implementation and Enforcement: JoAnna Shanafelt, 1125 Washington Street S.E., Olympia, WA 98504, 360-902-3715.

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. The amendment adds no additional cost to stakeholders.

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 relate only to internal governmental operations that are not subject to violation by a nongovernment party.

AMENDATORY SECTION(Amending WSR 06-16-087, filed 7/31/06, effective 8/31/06)

WAC 308-104-075Driver's licenses—Prohibited practices—Suspension, cancellation, or denial period.

(1) The department ((shall))may suspend, cancel, or deny all driving privileges of a person who has been convicted of or determined by the department to have committed one of the prohibited practices relating to drivers' licenses listed in RCW 46.20.0921 for a period ((of not less than sixty consecutive days and not more than))up to three hundred sixty-four consecutive days. The following terms of suspension shall be determined by the department:

(a) Up to sixty days for identity theft or fraud with no connection to traffic safety;

(b) Ninety days for identity theft or fraud related to avoiding a revocation or suspension with no connection to traffic safety;

(c) One hundred eighty days for identity theft or fraud related to avoiding a revocation or suspension associated with traffic safety, or for separate additional offenses with no connection to traffic safety; or

(d) Three hundred sixty-four days for identity theft or fraud related to avoiding a revocation or suspension with a direct connection to traffic safety.

(2) For purposes of RCW 46.20.0921 (1)(e), an application for a commercial driver's license includes the application for a driver's license under RCW 46.20.091 and the application for a commercial driver's license under RCW 46.25.070.