WSR 98-01-135

EXPEDITED ADOPTION

INSURANCE COMMISSIONER'S OFFICE

[Filed December 19, 1997, 8:37 a.m.]

Title of Rule: WAC 284-17-135 Reexamination after failure to pass.

Purpose: This existing rule will be repealed. There is no longer any need for this rule.

Other Identifying Information: Insurance Commissioner Matter No. R 97-7.

Statutory Authority for Adoption: RCW 48.02.060, 48.17.130.

Statute Being Implemented: RCW 48.17.130.

Summary: This proposal is to repeal WAC 284-17-135. This would eliminate a one year waiting period for some prospective licensee applicants.

Reasons Supporting Proposal: The rule is no longer necessary, the benefits of this regulation do not outweigh the possible burdens upon certain licensee applicants.

Name of Agency Personnel Responsible for Drafting: Jon Hedegard, Lacey, Washington, (360) 407-0728; Implementation: Erika Taylor, Lacey, Washington, (360) 438-7707; and Enforcement: Bill Frandsen, Lacey, Washington, (360) 438-7697.

Name of Proponent: Deborah Senn, Insurance Commissioner, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposal is to repeal WAC 284-84-135. The existing rule mandates a one year waiting period before taking an examination for a line or lines of insurance if the applicant for an insurance license has failed the test for that same line or lines three consecutive times. The original purpose for the rule was to prevent an examinee from benefitting from failure by learning a high percentage of the limited number of test questions. The computerization of the testing process has ensured that there is a sufficiently varied number of questions so that is no longer a concern. The elimination of this requirement will remove a possible barrier to licensing for which is no longer adequate justification. There will be no adverse impacts to the consumer but there will be benefits to prospective licensees, to their employers and to the commissioner.

Proposal Changes the Following Existing Rules: The proposal would repeal WAC 284-17-135 for the reasons stated above. There would not be an impact on any other existing rule.

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING 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 RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kacy Brandeberry, Office of the Insurance Commissioner, P.O. Box 40256, Olympia, WA 98504-0256, AND RECEIVED BY February 13, 1997 [1998].

December 18, 1997

Greg J. Scully

Chief Deputy Commissioner

REPEALER

The following section of the Washington Administrative Code is repealed: