WSR 17-04-028
[Filed January 24, 2017, 11:34 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-21-083.
Title of Rule and Other Identifying Information: Chapter 308-104 WAC, Drivers' licenses, significant decisions in driver's license cases.
Hearing Location(s): Highways-Licenses Building, 1125 Washington Street S.E., Conference Room 413, Olympia, WA (check in at counter on first floor), on March 7, 2017, at 1:30 p.m.
Date of Intended Adoption: March 8, 2017.
Submit Written Comments to: Stephanie Sams, P.O. Box 9030, Olympia, WA 98507-9030, email, fax (360) 570-7048, by March 6, 2017.
Assistance for Persons with Disabilities: Contact Stephanie Sams by March 6, 2017, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Add a new section to chapter 308-104 WAC to provide a process for nominating, selecting and indexing hearing examiners' decisions that are significant and resolve a question about reoccurring legal issues or statutes under the department's authority. A significant decision would give guidance to the attorneys and the public on the way in which the department has interpreted the law and exercised its discretion.
Statutory Authority for Adoption: RCW 46.01.110 and 34.05.220.
Statute Being Implemented: RCW 46.20.308.
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: Stephanie Sams, Olympia, (360) 902-0131; 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)(g)(i).
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).
January 24, 2017
Damon Monroe
Rules Coordinator
WAC 308-104-350 Significant decisions in driver license cases.
(1) The department will use the process outlined in this section to nominate, select, and index significant decisions in the following types of adjudicative proceedings related to a sanction of the driving privilege:
(a) The implied consent law (RCW 46.20.308);
(b) The financial responsibility law (chapter 46.29 RCW);
(c) The habitual traffic offender law (chapter 46.65 RCW);
(d) The Uniform Commercial Driver's License Act (chapter 46.25 RCW);
(e) Any formal hearing affecting the driving privilege conducted pursuant to the provisions of RCW 46.20.329 through 46.20.333.
(2) For the purposes of this section, a significant decision is a final order or a portion of a final order in an adjudicative proceeding that is of substantial importance to the department in carrying out its duties. Generally, an order is of substantial importance only if it analyzes and applies a statute or rule under the department's authority, demonstrates the department's reasoning as to a frequently recurring legal issue, provides a legal analysis or interpretation not found in existing case law, or applies settled law to unusual facts.
(3) Any person may nominate a final adjudicative order to be evaluated for indexing by completing an Order Index Nomination Request Form. The form can be obtained from the department's web site at and returned to the Hearings and Interviews Unit, P.O. Box 9031, Olympia, WA 98507-9031, along with a copy of the nominated order.
(4) The director or director's designee shall make a final decision as to whether to select the nominated order as a significant decision based on the criteria in subsection (2) of this section, and that decision is not appealable.
(5) A decision that has been selected by the director as significant shall be maintained in a separate index. The index shall at a minimum contain a description of the type of document, name of parties, brief description of the legal subjects and pertinent legal citation. A copy of the index and a copy of the significant decision will be made available on the department's web site at The general public records index maintained under WAC 308-10-067 will contain a reference to the specific location and identification of significant decision index and copies of the significant decisions.
(6) The department shall periodically update and review the index to verify that the indexed documents continue to meet the criteria in subsection (2) of this section. The department may, at any time, delete a document from an index. Under RCW 42.56.070(6), a significant decision may not be cited in a proceeding if it has not been indexed.