WSR 97-02-001

PERMANENT RULES

DEPARTMENT OF LICENSING

[Filed December 19, 1996, 12:50 p.m.]

Date of Adoption: December 19, 1996.

Purpose: To amend rules pertaining to disabled person parking privileges. The adopted amendments update the rules to reflect amendments to RCW 46.16.381 and administrative changes to the program.

Citation of Existing Rules Affected by this Order: Amending WAC 308-96A-306, 308-96A-315, 308.96A.330, 308-96A-335, and 308-96A-340.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 96-22-086 on November 6, 1996.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 5, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 5, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 5, repealed 0.

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

December 18, 1996

Kathy Baros Friedt

Director

AMENDATORY SECTION (Amending WSR 92-03-076, filed 1/14/92, effective 2/14/92)

WAC 308-96A-306 Definitions--Disabled person special parking privileges. For the purposes of determining eligibility for special disabled person parking placards and license plates, the following definitions apply:

(1) "Public transportation authorities" are those entities operating motor vehicles ((or other devices capable of being moved on a public highway. The vehicles shall be)) owned or ((operated)) leased by Washington state, or a town, city, county, municipality, or metropolitan or municipal corporation within the state, or United States government agencies or Indian nations ((and must be)) used for the primary purpose of ((carrying passengers and their baggage or freight incident to business or programs conducted by those authorities: Provided, That those)) transporting persons with disabilities described in RCW 46.16.381. Public transportation authorities may contract with private carriers to perform services entitling the carriers to the special parking privileges.

(2) "Private carriers" are those entities contracting with public transportation authorities to ((perform their services)) transport persons with disabilities described in RCW 46.16.381.

(3) (("Nursing homes" are those entities licensed as nursing homes with the department of social and health services. For purposes of this chapter, nursing homes include adult family homes licensed by the department of social and health services as provided in chapter 70.128 RCW.

(4) "Senior citizen centers" are bona fide senior citizen centers recognized by the bureau of aging and adult services or a specific county government.

(5) "Private nonprofit agencies" are those entities on file with the secretary of state's office as a nonprofit organization.)) "Adult family homes" means a regular family abode licensed under chapter 70.128 RCW.

(4) "Licensed physician" means, for the purpose of determining a disability that limits or impairs the ability to walk and meets one of the criteria set forth in RCW 46.16.381, a health care provider licensed, certified, registered, or otherwise authorized by the department of health to provide health care in the ordinary course of business or practice as a profession. Licensed physician includes, but is not limited to, medical doctors, chiropractors, osteopaths, physician's assistants, and nurse practitioners, but does not include those persons licensed in the professions of optometry, fitting and dispensing of hearing aids, dentistry, or dental hygienist.

[Statutory Authority: RCW 46.01.110 and 46.16.276. 92-03-076, 308-96A-306, filed 1/14/92, effective 2/14/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-306, filed 5/28/87.]

AMENDATORY SECTION (Amending WSR 92-03-076, filed 1/14/92, effective 2/14/92)

WAC 308-96A-315 Temporary placards. A temporary disabled person parking placard ((valid for no more than two weeks)) may be issued upon visual verification of a qualifying disability. The placard shall be valid for the month of issuance and if such period is less than two weeks, for the next succeeding month and may not be extended without a physician's certificate of disability. Out-of-state visitors may be issued temporary placards by providing evidence they have valid disabled person parking privileges in their home state or country.

[Statutory Authority: RCW 46.01.110 and 46.16.276. 92-03-076, 308-96A-315, filed 1/14/92, effective 2/14/92. Statutory Authority: RCW 46.01.110 and 1984 c 154 2(2) [RCW 46.16.381(2)]. 84-17-073 (Order TL-RG 6), 308-96A-315, filed 8/15/84.]

AMENDATORY SECTION (Amending WSR 93-14-083, filed 6/30/93, effective 7/31/93)

WAC 308-96A-330 Application for organization disabled person parking placards. Application for public transportation authority, nursing homes, adult family homes, senior citizen centers, boarding homes, and private nonprofit agencies for disabled person special parking placards shall be made on forms provided by the department and signed by an appropriate official of the organization. The applicant shall certify that the organization satisfies the eligibility requirements for special disabled person parking placards provided in RCW 46.16.381 and chapter 308-96A WAC.

[Statutory Authority: RCW 46.01.110. 93-14-083, 308-96A-330, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.01.110 and 46.16.276. 92-03-076, 308-96A-330, filed 1/14/92, effective 2/14/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-330, filed 5/28/87. Statutory Authority: RCW 46.01.110 and 1984 c 154 2(2) [RCW 46.16.381(2)]. 84-17-073 (Order TL-RG 6), 308-96A-330, filed 8/15/84.]

AMENDATORY SECTION (Amending WSR 92-03-076, filed 1/14/92, effective 2/14/92)

WAC 308-96A-335 Organization special parking privilege placards ((for public transportation authorities, nursing homes, senior citizen centers, and private nonprofit agencies))--Transfer, limitations. One special disabled person parking placard may be issued to public transportation authorities, nursing homes, adult family homes, senior citizen centers, and private nonprofit agencies for each vehicle the organization uses to transport eligible disabled persons. When a placard is no longer being used by the organization to transport qualified disabled persons, the responsible official of the organization must notify the department and surrender the placard. A written statement verifying the placard has been destroyed may be accepted.

[Statutory Authority: RCW 46.01.110 and 46.16.276. 92-03-076, 308-96A-335, filed 1/14/92, effective 2/14/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-335, filed 5/28/87. Statutory Authority: RCW 46.01.110 and 1984 c 154 2(2) [RCW 46.16.381(2)]. 84-17-073 (Order TL-RG 6), 308-96A-335, filed 8/15/84.]

AMENDATORY SECTION (Amending WSR 92-03-076, filed 1/14/92, effective 2/14/92)

WAC 308-96A-340 Disabled person parking privileges--Validation term. (1) A permanent disabled person special parking placard shall be issued for a term not to exceed five years from the month and year in which the placard is issued. The placard may be renewed by providing written ((notice)) application to the department. The ((notice)) application must be signed by the applicant and state that the applicant continues to have disability conditions listed in RCW 46.16.381 (((1)(a) through (g))). Upon ((receipt of the written notice and)) approval ((by the department)), the department shall issue a new placard valid for an additional five-year term.

(2) A temporary disabled person special parking placard shall be issued for the term of the applicant's temporary disability, but shall not exceed six months from the date the placard is issued. Upon expiration of such placard, an additional temporary placard may be issued upon verification by a licensed physician that the applicant continues to have a qualifying temporary disability.

(3) An applicant is eligible for a special disabled person parking license plate ((may be issued)) for the same term as the permanent disabled person parking placard issued ((for)) to the applicant. The license fees and taxes for the vehicle displaying a disabled person parking license plate must be paid when due or the license plate is invalid.

(4) A permanent or temporary disabled person parking placard is invalid after the ((date)) month and year indicated on the placard. A special disabled person parking license plate is invalid when the vehicle license fees and taxes are past due, the license plate is canceled, or when the permanent disabled person parking placard issued in conjunction with the license plate is invalid.

(((5) Temporary and permanent disabled person parking permits, decals, and special license plates issued prior to July 28, 1991, shall be valid through January 31, 1993. Temporary and permanent disabled person parking permits, decals, and special license plates issued prior to July 28, 1991, shall be invalid after January 31, 1993. Any person that has a valid disabled person parking permit, decal, or special license plate issued prior to July 28, 1991, may submit a written notice requesting a disabled person parking placard as provided in subsection (1) of this section for renewal of a permanent placard. A special disabled person parking license plate may be retained when a permanent disabled person parking placard is obtained.))

[Statutory Authority: RCW 46.01.110 and 46.16.276. 92-03-076, 308-96A-340, filed 1/14/92, effective 2/14/92.]

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