WSR 17-17-018 PROPOSED RULES DEPARTMENT OF LICENSING [Filed August 7, 2017, 3:58 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 16-08-011. Title of Rule and Other Identifying Information: Chapter 308-100 WAC, Drivers' licenses—Special provisions. Hearing Location(s): On October 26, 2017, at 10:00 a.m., at the Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA 98507 (check in at counter on first floor). Date of Intended Adoption: October 27, 2017. Submit Written Comments to: Stephanie Sams, P.O. Box 9030, Olympia, WA 98507-9030, email ssams@dol.wa.gov, fax 360-570-7048, by October 25, 2017. Assistance for Persons with Disabilities: Contact Stephanie Sams, phone 360-902-0131, TTY 360-664-0116, email ssams@dol.wa.gov, by October 25, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Update the amount charged for commercial driver's license (CDL) examination fees and third-party testing fees. Existing rules need to be updated to conform to the statute. Reasons Supporting Proposal: Recent legislation has changed the amount charged for CDL examinations. Statute Being Implemented: Not applicable. 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: Damon Monroe, Highways-Licenses Building, Olympia, Washington, 360-902-3843; Implementation and Enforcement: Tandy Alexander, Highways-Licenses Building, Olympia, Washington, 360-902-3893. 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). This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045. August 7, 2017 Damon Monroe Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-03-018, filed 1/7/13, effective 2/7/13)
WAC 308-100-050 Examination fees.
(1) The examination fee for each commercial driver's license knowledge examination, commercial driver's license endorsement knowledge examination, or any combination of commercial driver's license and endorsement knowledge examinations, shall be ((ten)) thirty-five dollars.
(2)(a) Except as provided in subsection (2)(b) of this section, the examination fee for each commercial driver's license skill examination conducted by the department shall be ((one)) two hundred fifty dollars and entitles the applicant to take the examination up to two times in order to pass.
(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 the department shall be ((seventy-five)) two hundred twenty-five dollars and entitles the applicant to take the examination up to two times in order to pass:
(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.
(((3) An applicant who has failed the skill examination must retest and pay the full fee required under subsection (2) of this section.
(4))) (c) If the applicant's primary use of a commercial driver's license is to drive a school bus, the applicant shall pay a fee of no more than one hundred dollars for the classified skill examination or combination of classified skill examinations conducted by the department and entitles the applicant to take the examination up to two times in order to pass.
(3) Drivers selected for reexamination by the department may be subject to costs associated with the testing.
(((5))) (4) The fees in this section are in addition to the regular drivers' licensing fees.
AMENDATORY SECTION (Amending WSR 15-03-048, filed 1/14/15, effective 2/14/15)
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)) two hundred fifty dollars and entitles the applicant to take the examination up to two times in order to pass.
(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)) two hundred twenty-five dollars and entitles the applicant to take the examination up to two times in order to pass:
(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).
(c) If the applicant's primary use of a commercial driver's license is to drive a school bus, the applicant shall pay a fee of no more than one hundred dollars for the classified skill examination or combination of classified skill examinations conducted by the department and entitles the applicant to take the examination up to two times in order to pass.
(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))) (3) Fees owed to a third-party tester under this section must be paid by the applicant as provided in the third-party tester agreement entered into under WAC 308-100-140.
(((5))) (4) The fees in this section are in addition to the regular drivers' licensing fees.
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