WSR 00-11-120

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed May 22, 2000, 9:42 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-08-043.

Title of Rule: Chapter 308-96A WAC, Vehicle licenses.

Purpose: 1. To meet the criteria set forth in Governor Locke's Executive Order 97-02.

2. To clarify rules and help make them more comprehensible.

Statutory Authority for Adoption: RCW 46.12.381.

Summary: Amending WAC 308-96A-306 Definitions -- Disabled person special parking privileges.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, 902-3718; Implementation and Enforcement: Lynda Henriksen, 1125 Washington Street S.E., Olympia, 902-3811.

Name of Proponent: , governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The anticipated effects will be a clarification of the above-mentioned requirements.

Proposal Changes the Following Existing Rules: Clarify sections needed and repeal those no longer required.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in an industry.

RCW 34.05.328 does not apply to this rule adoption. The contents of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 301, 1125 Washington Street S.E., Olympia, WA 98507, on June 28, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by June 27, 2000, TTY (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick J. Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by June 27, 2000.

Date of Intended Adoption: July 26, 2000.

May 10, 2000

Deborah McCurley, Administrator

Title and Registration Services

OTS-4043.1


AMENDATORY SECTION(Amending WSR 99-21-034, filed 10/15/99, effective 11/15/99)

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) "Licensed physician" means, for the purpose of determining the disability that limits the ability to walk and meets the criteria set forth in RCW 46.16.381(1), a health care provider licensed by the department of health to provide health care whose scope of practice includes those areas covered in the statute.      Licensed physician includes chiropractic physicians, naturopaths, medical doctors, nurse practitioners, osteopathic physicians and podiatric physicians.      Licensed physician does not include persons licensed in the professions of dentistry and optometry.

(2) "Permanent" means a licensed physician has certified that the qualifying disability condition is expected to last at least five years.

(3) "Permit" means the eligibility for the temporary or permanent placard or special license plate(s) and identification card.

(4) "Identification card" means the identification card referred to in RCW 46.16.381(3).

(5) "Private carriers" means those entities contracting with public transportation authorities to transport persons with disabilities described in RCW 46.16.381.

(6) "Privilege" means the right to utilize the benefits associated with the permit.

(7) "Expiration date" means:

(a) The last day of the month specified on a temporary placard; or

(b) Not less than five years from the month and year of issuance of a permanent placard, as specified by the department on the placard.

(8) "Public transportation authorities" means those entities operating motor vehicles owned or 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 used for the primary purpose of transporting persons with disabilities described in RCW 46.16.381.

(9) "Signature" means any memorandum, mark, or sign made with intent to authenticate an application for a placard, or the subscription of any person thereto as provided in RCW 9A.04.110(23).

(10) "Application" means the form provided by the department that must be completed by the individual and physician or the form that must be completed by the organization.

[Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276.      99-21-034, § 308-96A-306, filed 10/15/99, effective 11/15/99;      98-22-032, § 308-96A-306, filed 10/29/98, effective 10/29/98.      Statutory Authority: RCW 46.01.110.      97-02-001, § 308-96A-306, filed 12/19/96, effective 1/19/97.      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.]

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