WSR 14-24-120 PROPOSED RULES DEPARTMENT OF LICENSING [Filed December 3, 2014, 10:19 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-16-101.
Title of Rule and Other Identifying Information: WAC 308-100-180 Third party testing fee.
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 12, 2015, at 3:00 p.m.
Date of Intended Adoption: January 13, 2015.
Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail cholloway@dol.wa.gov, fax (360) 570-7048, by January 9, 2015.
Assistance for Persons with Disabilities: Contact Clark J. Holloway by January 9, 2015, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department proposes to amend the method of payment of testing fees to third party testers. The current rule provides that the fee will be paid to the department, and the department will reimburse the third-party tester. The proposed change would allow the department to specify the method of payment in the agreements to provide tester services entered into with the third party testers.
Statutory Authority for Adoption: RCW 46.01.110, 46.25.060, and 46.25.140.
Statute Being Implemented: RCW 46.25.060.
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 Holloway, Olympia, (360) 902-3846; Implementation and Enforcement: Julie Knittle, Olympia, (360) 902-3850.
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 19.85.025(3) and 34.05.310 (4)(b).
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 3, 2014
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 07-24-025, filed 11/28/07, effective 12/29/07)
WAC 308-100-180 Third party testing fee.
(1)(a) Except as provided in WAC 308-100-190 or subsection (1)(b) of this section, the base fee for each classified skill examination or combination of skill examinations conducted by a third party tester shall not be more than one hundred dollars.
(b) If the applicant's primary use of a commercial driver's license is for any of the following, then the examination fee for each commercial driver's license skill examination conducted by a third party tester shall not be more than seventy-five dollars:
(i) Public benefit not-for-profit corporations that are federally supported head start programs; or
(ii) Public benefit not-for-profit corporations that support early childhood education and assistance programs as described in RCW 43.215.405(4).
(2) An applicant who has failed the skill examination must retest and pay the full fee required under subsection (1) of this section.
(3) The base fee shall apply only to the conducting of the examination, and is separate from any additional fees, such as vehicle use fees, which may be charged by the third party tester. Any additional fees to be charged shall be reported to the department.
(4) Fees owed to a third party tester under this section must be paid by the applicant ((to the department. The department will reimburse the third party tester for the fees)) as provided in the third party tester agreement entered into under WAC 308-100-140.
(5) The fees in this section are in addition to the regular drivers' licensing fees.
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