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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 5, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 5, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 5, repealed 0.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.]