SOCIAL AND HEALTH SERVICES

(Division of Vocational Rehabilitation)

[Filed September 4, 2018, 10:31 a.m.]

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-891A-1174 When does DVR purchase and loan a vehicle to you?, this WAC provides the criteria that must be met for the division of vocational rehabilitation (DVR) to consider the purchase of a vehicle in support of a customer's transportation needs. Subsection (2) of this rule lists some of the documentation that must be provided by an individual with a disability to DVR staff in the course of that determination.

This rule making corrects a typo in subsection (2) of WAC 388-891A-1174.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department proposes a typographical correction in subsection (2)(c) of WAC 388-891A-1174. This change is to ensure that a reference contained in the rule is accurate. Currently, the reference is to nonexistent WAC 388-891A-1178, but the reference should be to WAC 388-891A-1175.

Reasons Supporting Proposal: Accurate internal references in the WAC ensure the rule's usability and clarify the division's requirements. This typographical correction provides clarification, as described under RCW 34.05.353.

Statutory Authority for Adoption: RCW 74.29.020(8).

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

Name of Proponent: Department of social and health services (DSHS), governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Robert St. Lawrence, Lacey, Washington, 360-725-3620.

This notice meets the following criteria to use the expedited adoption process for these rules:

Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: This is a typographical correction that clarifies the rule in WAC 388-891A-1174. This meets the criteria described under RCW 34.05.353.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, DSHS, P.O. Box 45850, Olympia, WA 98504, phone 360-664-6097, fax 360-664-6185, email DSHSRPAURulesCoordinator@dshs.wa.gov, AND RECEIVED BY 5:00 p.m., November 5, 2018.

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 18-12-035, filed 5/29/18, effective 6/30/18)

WAC 388-891A-1174When does DVR purchase and loan a vehicle to you?

(1) DVR only purchases and loans a vehicle to you under exceptional circumstances and when providing a vehicle would be the least cost service to meet your transportation needs. In such exceptional circumstances, no other transportation options are available and it is not feasible for you to relocate or use other transportation options.

(2) You or the driver of your vehicle must participate in an assessment to determine that you, or if you are riding as the passenger in the vehicle, that the driver, can safely operate the vehicle. As part of that assessment, you, or if you are the passenger, the driver, must provide:

(a) A copy of a current, valid driver's license;

(b) A current copy of a driving record disclosing any moving violations and indicating no criminal convictions related to driving a vehicle;

(c) Documentation of your insurability and the anticipated expense of insuring the vehicle to meet DVR's minimum requirements, as outlined in WAC ((388-891A-1178))388-891A-1175; and

(d) Documentation of your ability to maintain insurance coverage.

(3) If the assessment described in subsection (2) of this section reveals any fact that raises a question regarding driving safety, the DVR counselor must require a driving evaluation conducted by a state-certified driver training instructor, or another relevant evaluation, as appropriate.

(4) When the vehicle has been or will be modified for your use, the driving evaluation described in subsection (3) of this section must be conducted by a certified driver rehabilitation specialist.

(5) The DVR director must approve the purchase of the vehicle and the loan to you.