Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 308-100-140 Commercial driver's license third party tester agreements.
Purpose: Amends the department's criteria for determining the need to enter into an agreement with third parties to test applicants for commercial driver's licenses.
Statutory Authority for Adoption: RCW 46.01.110 and 46.25.060.
Statute Being Implemented: RCW 46.25.060.
Summary: Provides that in counties where there are no third party testers, the department will not base the determination of need for a third party tester solely on the expected number of applicants for a commercial driver's license in those locations.
Reasons Supporting Proposal: The current rule requires that the department determine need prior to entering into an agreement with a third party tester to conduct tests for commercial driver's licenses. "Need" has been interpreted to mean volume of expected applicants, based on factors such as the number of applicants tested in previous years. This proposal would allow the department to consider factors other than the number of applicants in counties that would otherwise have inadequate access to testing facilities.
Name of Agency Personnel Responsible for Drafting: Clark J. Holloway, Highways-Licenses Building, (360) 902-3846; Implementation and Enforcement: Denise Movius, Highways-Licenses Building, (360) 902-3850.
Name of Proponent: Department of Licensing, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: No new rules are being proposed.
Proposal Changes the Following Existing Rules: Amending WAC 308-100-140 to provide that in counties where there are no third party testers, the department will not base the determination of need for a third party tester solely on the expected number of applicants for a commercial driver's license in those locations.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business impact statement is not required pursuant to RCW 19.85.025(3).
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The rule relates to internal governmental operations that are not subject to violation by a nongovernmental party.
Hearing Location: Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA, on April 11, 2001, at 3:00 p.m.
Assistance for Persons with Disabilities: Contact Clark J. Holloway by April 10, 2001, TTY (360) 664-0116.
Submit Written Comments to: Clark J. Holloway, Department of Licensing, P.O. Box 9030, Olympia, WA 98507-9030, fax (360) 586-8351, by April 10, 2001.
Date of Intended Adoption: April 13, 2001.
January 26, 2001
Denise M. Movius
[Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. 00-18-068, 308-100-140, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 3, 5, 8 and 16. 89-18-003, 308-100-140, filed 8/24/89, effective 9/24/89.]