WSR 17-18-080 PROPOSED RULES DEPARTMENT OF LICENSING [Filed September 5, 2017, 1:18 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-13-091. Title of Rule and Other Identifying Information: WAC 308-107-090 Ignition interlock device—Medical exemption. Hearing Location(s): On October 11, 2017, at 9:00 a.m., at the Highway[s]-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA 98507. Check in at the first floor counter. Date of Intended Adoption: October 12, 2017. Submit Written Comments to: Stephanie Sams, Policy and Legislative Analyst, Department of Licensing (DOL), P.O. Box 9030, Olympia, WA 98507-9030, email ssams@dol.wa.gov, by October 9, 2017. Assistance for Persons with Disabilities: Contact Stephanie Sams, Policy and Legislative Analyst, phone 360-902-0131, fax 360-664-0116, email ssams@dol.wa.gov, by October 9, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule outlines the process the department will follow to waive the ignition interlock device (IID) tolling requirement from an individual's record for medical purposes as required in RCW 46.20.720 (3)(e). Reasons Supporting Proposal: E2SHB 1614, enacted by the 2017 legislature, requires DOL to allow individuals to obtain a medical exemption to their IID tolling requirement if they have a physical disability preventing them from operating an IID. Statutory Authority for Adoption: RCW 46.01.110. Statute Being Implemented: RCW 46.20.720 (3)(e). Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: DOL, governmental. Name of Agency Personnel Responsible for Drafting: Stephanie Sams, Highway[s]-Licenses Building, Olympia, Washington, 360-902-0131; Implementation and Enforcement: Andrea Nygard, Highway[s]-Licenses Building, Olympia, Washington, 360-902-3745. A school district fiscal impact statement is not required under RCW 28A.305.135. 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) and (b)(v). 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. September 5, 2017 Damon Monroe Rules Coordinator
NEW SECTION
WAC 308-107-090 Ignition interlock device—Medical exemption.
(1) A person applying for an ignition interlock device tolling medical exemption under RCW 46.20.720 (3)(e) must obtain and submit a statement on a department prescribed form certifying the person's condition and have the form signed by a licensed physician or other proper authority designated by the department.
(2) The department may approve or deny the exemption based on the department's evaluation.
(3) The medical exemption decision is for the confidential use of the director, the chief of the Washington state patrol, and any other public officials designated by law. It is exempt from public inspection and copying notwithstanding chapter 42.56 RCW.
(4) The medical exemption shall only be effective during an ignition interlock device period of restriction under RCW 46.20.720 (1)(c) and (d).
(5) Exemptions shall not waive the ignition interlock device duration of restriction.
(6) A person with a medical exemption shall not be eligible to drive, apply for an ignition interlock license, or receive day-for-day credit.
(7) The medical exemption shall be valid for not more than three hundred sixty-six days. For renewal of the medical exemption, a person must submit a new form as outlined in subsection (1) of this section.
(8) The department may invalidate a medical exemption if a person has an ignition interlock device installed.
(9) The department may develop procedures to certify that a person with an ignition interlock device tolling medical exemption meets the removal requirements as outlined in RCW 46.20.710(4).
(10) The department may invalidate the medical exemption and require an application for a new medical exemption if the person's license is subsequently suspended, revoked or canceled for a different violation.
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