DEPARTMENT OF LICENSING

[Filed June 21, 2023, 10:04 a.m.]

Title of Rule and Other Identifying Information: WAC 308-09-015 Military spouse requesting and expedited processing and 308-09-020 Military spouse licensing—Equivalency to Washington standards and temporary licensing.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is changing requirements for expedited licensing and timelines for temporary licensing for military spouses. This change aligns with E2SHB [2SHB] 1009, passed during the 2023 legislative session.

Reasons Supporting Proposal: These updates align rule with statute following the adoption of E2SHB [2SHB] 1009.

Statutory Authority for Adoption: RCW 18.340.020.

Statute Being Implemented: E2SHB [2SHB] 1009; RCW 18.340.020.

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

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Debra Allen-Ba, 405 Black Lake Boulevard S.W., Olympia, WA 98502, 360-664-1399.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Not applicable.

This notice meets the following criteria to use the expedited adoption process for these rules:

Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Content is explicitly and specifically dictated by statute.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: This rule making is to incorporate new explicit laws passed by the 2023 state legislature to allow military spouse licensing applicants to request expedited processing when they hold an active license in another jurisdiction with equivalent standards to Washington state requirements, and to require temporary licenses issued to be valid of [for] at least 180 days.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kelsey Stone, Department of Licensing, 1125 Washington Street S.E., Olympia, WA 98504, phone 360-902-0131, email rulescoordinator@dol.wa.gov, AND RECEIVED BY August 22, 2023.

Rules and Policy Manager

AMENDATORY SECTION(Amending WSR 20-13-048, filed 6/11/20, effective 7/12/20)

WAC 308-09-015Military spouse requesting expedited processing.

(1) A military spouse may request expedited processing when the military spouse:

(a) Holds an active license in good standing issued by another jurisdiction in which the other states standards are equal to or greater than Washington licensing standards;

(b) Is moving to Washington as a result of their spouse's ((permanent change of duty station based on military orders; and

(2) To request expedited processing, the military spouse applicant must:

(a) Submit the appropriate license application indicating the applicant is a military spouse, ((with))fingerprints, and required documentation associated with criminal background check, and the appropriate fee(s);

(b) Submit documentation that shows the applicant had an applicable license in good standing issued by another jurisdiction in which the other states standards are equal to or greater than Washington licensing standards and that shows the applicant is not subject to any disciplinary action by the licensing authority of that jurisdiction;

(i) A copy of the military service member's service orders;

(ii) A letter from the military service member's commanding officer explaining the military service member's transfer of duty stations;

(iii) A copy of the DD Form 1172-2 DEERS Enrollment;

(iv) Other supporting U.S. Department of Defense or Department of Veterans Affairs documentation.

(d) Upon request, submit a copy of the marriage certificate or evidence of the registered domestic partnership with the military service member.))Affirm that the applicant's spouse is a military service member transferred to Washington state and meets all the requirements for expedited licensure.

AMENDATORY SECTION(Amending WSR 20-13-048, filed 6/11/20, effective 7/12/20)

WAC 308-09-020Military spouse licensing—Equivalency to Washington standards and temporary licensing.

(1) The licensing authority must process a request for temporary license ((as soon as practical))within 30 days after receipt of a completed application. A completed application means that the authority has received all supporting materials, related application fees, copy of the certificate issued by the other state or jurisdiction, fingerprints, and required documentation associated with a criminal background check. The licensing authority must compare the profession or occupation requirements of the jurisdiction where the applicant held a license to the requirements associated with the most similar license issued by the licensing authority in Washington. The licensing authority will determine whether the requirements of the jurisdiction where the applicant holds a license meet or are substantially equivalent to the requirements for the requested profession or occupation in Washington.

(2) If the licensing authority determines the Washington requirements are substantially equivalent and have been met, and that the applicant is otherwise eligible for the requested license, the licensing authority may issue a standard license.

(3) If the licensing authority determines the training and practice standards of the state where the applicant holds a license are substantially equivalent and the applicant is otherwise eligible for the requested license, the licensing authority may issue a temporary license of no less than 180 days to allow the applicant time to complete additional requirements not related to training or practice standards that are necessary to qualify for a standard license in Washington.

(4) A temporary license issued under these rules becomes null and void when any of the following occur:

(a) A standard license is issued;

(b) A denial of the standard license application becomes final;

(5) Prior to the expiration date of the temporary license the temporary license holder may ask the licensing authority in writing to extend the expiration date. The licensing authority will consider extension of the expiration date based on the temporary license holder's need and documented progress toward meeting standard license requirements.