WSR 11-24-106



[ Filed December 7, 2011, 11:58 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-15-059.

Title of Rule and Other Identifying Information: WAC 308-104-075 Prohibited practices.

Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on January 10, 2012, at 3:00 p.m.

Date of Intended Adoption: January 11, 2012.

Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail, fax (360) 586-8351, by January 9, 2012.

Assistance for Persons with Disabilities: Contact Clark J. Holloway by January 9, 2012, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 308-104-075 to impose a five-year denial period following fraudulent application for a driver's license or identicard. It is anticipated that such amendments will deter fraudulent application.

Reasons Supporting Proposal: The department has experienced a recent increase in incidences of fraudulent application from individuals who have falsely used a Washington state residence address in an attempt to obtain an initial Washington state driver's license or identicard. It is anticipated that denying application or reapplication for five years following determination that a fraudulent application has been submitted will deter fraudulent application by others.

Statutory Authority for Adoption: RCW 46.01.110, 46.20.0921, and 46.20.119.

Statute Being Implemented: RCW 46.20.119.

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

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting: Clark J. Holloway, Highways-Licenses Building, Olympia, Washington, (360) 902-3846; Implementation and Enforcement: Doron Maniece, Highways-Licenses Building, Olympia, Washington, (360) 902-3850.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule does not impose a cost on small businesses as required for an economic impact statement under RCW 19.85.030.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).

December 7, 2011

Ben T. Shomshor

Rules Coordinator

AMENDATORY SECTION(Amending WSR 06-16-087, filed 7/31/06, effective 8/31/06)

WAC 308-104-075   Driver's licenses and identicards -- Prohibited practices -- Suspension, cancellation, or denial periods.   (1) The department shall suspend, cancel, or deny all driving privileges of a person who has been convicted of or determined by the department to have committed one of the prohibited practices relating to drivers' licenses listed in RCW 46.20.0921 for a period of not less than sixty consecutive days and not more than three hundred sixty-four consecutive days. For purposes of RCW 46.20.0921 (1)(e), an application for a commercial driver's license includes the application for a driver's license under RCW 46.20.091 and the application for a commercial driver's license under RCW 46.25.070.

(2) The department may deny the application or reapplication for a driver's license or identicard of a person who has been convicted of or determined by the department to have committed one of the prohibited practices listed in RCW 46.20.0921 (1)(e) when making application for an original driver's license or identicard for a period of five years.

[Statutory Authority: RCW 46.01.110, 46.20.207, 46.20.291. 06-16-087, 308-104-075, filed 7/31/06, effective 8/31/06.]

Washington State Code Reviser's Office