DEPARTMENT OF LICENSING

[Filed June 28, 2023, 9:32 a.m.]

Semi-Annual Rule-Making Agenda

July through December 2023

This report details current and anticipated rule-making activities for the department of licensing (DOL). This agenda is sent as a requirement of RCW 34.05.314. If you have any questions regarding this report or DOL rule-making activities, please contact Ellis Starrett at 360-902-3846 or rulescoordinator@dol.wa.gov.

This agenda is for information purposes, and the noted dates of anticipated rule-making actions are estimates. Any errors in this agenda do not affect the rules and rule-making notices filed with the office of the code reviser and published in the Washington State Register. There may be additional DOL rule-making activities that cannot be forecasted as DOL initiates rule making to implement new state laws, meet federal requirements, or meet unforeseen circumstances. See the "Key" below for explanations of terms and acronyms.

CR means "code reviser" on notice forms created by the office of the code reviser for use by all state agencies.

CR-101 is a preproposal statement of inquiry filed under RCW 34.05.310.

CR-102 is a proposed rule-making notice filed under RCW 34.05.320 or 34.05.340.

Proposal is exempt under RCW 34.05.310(4) means a rule that does not require the filing of a CR-101 notice under RCW 34.05.310(4).

CR-105 is an expedited rule-making notice filed under RCW 34.05.353. This is an accelerated rule adoption process with no public hearing required.

CR-103P is a rule-making order permanently adopting a rule, and filed under RCW 34.05.360 and 34.05.380.

CR-103E Emergency rules are temporary rules filed under RCW 34.05.350 and 34.05.380 by using a CR-103E rule-making order. Emergency rules may be used to meet certain urgent circumstances. These rules are effective for 120 days after the filing date and may be extended in certain circumstances.

Blank cells in tables mean the anticipated filing date is not known at the time this rules agenda is filed.

RCW is the Revised Code of Washington.

WSR number is the Washington State Register official filing reference number given by the office of the code reviser when a notice is filed.

Proposed Rule Making
Rule	Scope	Agency Contact	Deadline	Legislation Effective Date
Transportation network companies	Outline the auditing process for transportation network companies related to the passage of HB [ESHB] 2076.	Kelsey Stone kelsey.stone@dol.wa.gov	N/A	March 1, 2023
Cosmetology minimum instruction guidelines	Update the education requirements to allow applicants within 100 hours of education completion to register for/take their exam.	Kelsey Stone kelsey.stone@dol.wa.gov	N/A	July 23, 2023
Military spouse employment	Add a definition of military coordinator, update requirements for military spouse licenses, and update language for temporary licensing timelines.	Kelsey Stone kelsey.stone@dol.wa.gov	N/A	October 1, 2023
Cemetery license expiration	Update license expiration dates for facility licenses, operator licenses, license renewals, and annual statements.	Kelsey Stone kelsey.stone@dol.wa.gov	N/A	October 31, 2023
Semiautomatic assault rifle fee	Remove the requirement for firearms dealers to collect an $18 fee during SAR purchases and transfers.	Kelsey Stone kelsey.stone@dol.wa.gov	N/A	January 1, 2024
Real estate agency law	Qualify "as soon as reasonably practical" regarding when agency agreements are required to be established.	Kelsey Stone kelsey.stone@dol.wa.gov	N/A	January 1, 2024
Motorcycle safety permits	Clarify permit requirements in rule.	Colton Myers colton.myers@dol.wa.gov	N/A	N/A
Administrative reviews and interviews	Update the specifics of conducting a document review or interview for the hearings unit.	Colton Myers colton.myers@dol.wa.gov	N/A	N/A
Formalizing processes	Formalize the process for handling formal hearings for drivers who hold commercial driver's licenses (CDLs), update the definition of "good cause", formalize the process for requesting an interpreter for a hearing, and removing the driving declaration for habitual traffic offenders.	Colton Myers colton.myers@dol.wa.gov	N/A	N/A
Commercial driver's licenses	Modify testing exam fees, allow CDL holders to renew online, and allow individuals who have previously surrendered their license to obtain another without having to test again.	Colton Myers colton.myers@dol.wa.gov	N/A	January 1, 2024
Reports of sale	Outline the new ability for dealers to file reports of sale on behalf of customers.	Carl Backen cbacken@dol.wa.gov	N/A	July 22, 2023
Unlicensed fuel businesses	Set reporting requirements for unlicensed businesses selling, purchasing, distributing, storing, transporting, or delivering fuel.	Carl Backen cbacken@dol.wa.gov	N/A	N/A
Young drivers	Create requirements for driver training schools to provide information for an interactive map, establish alternative pathways to licensure for driver training school instructors, modify intermediate driver's licensing requirements, and update course requirement rules.	Ellis Starrett estarrett@dol.wa.gov	N/A	October 1, 2024
Older drivers	Adopt strategies to address driver safety for medically at-risk drivers after a study is conducted in collaboration with the Washington state transportation commission, the department of health, and stakeholders representing medically at-risk drivers and older drivers.	Ellis Starrett estarrett@dol.wa.gov	N/A	December 1, 2024

Ongoing Rule Making
Rule	Scope	Agency Contact	CR-101	CR-102
Data privacy WSR 21-10-098 and 22-17-171	Implementing SSB 5152, enhancing data stewardship and privacy protections for vehicle and driver data.	Ellis Starrett estarrett@dol.wa.gov	May 5, 2021	August 24, 2022
Traffic safety education waiver WSR 23-06-024	Update rules to reflect the current process for waiving a driver education requirement; in response to a rule-making petition.	Ellis Starrett estarrett@dol.wa.gov	February 22, 2023	N/A
Appraisers PAREA standards WSR 22-23-163	This rule making would align state rule with recognized national industry guidance that created alternative pathways to licensure.	Kelsey Stone kelsey.stone@dol.wa.gov	November 23, 2022	N/A
Abandoned recreational vehicles clarity update WSR 22-20-115 and 23-10-094	Update WAC for clarity and to address stakeholder workgroup requests.	Carl Backen cbacken@dol.wa.gov	October 5, 2022	May 3, 2023
Temporary plate issuance WSR 23-07-113	Update rules to align with changes resulting from HB 1790 (passed in 2022) regarding the process for issuing temporary license plates.	Carl Backen cbacken@dol.wa.gov	March 21, 2023	N/A