DEPARTMENT OF LICENSING

[Filed May 6, 2025, 4:03 p.m., effective June 6, 2025]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The Federal Motor Carrier Safety Administration has updated guidance in May 2023 to permit state licensing agencies to issue nondomiciled commercial driver's licenses to individuals present under deferred action for childhood arrival.

Citation of Rules Affected by this Order: Amending WAC 308-100-020 Commercial driver's license—Eligibility.

Statutory Authority for Adoption: RCW 46.25.140 Rules.

Adopted under notice filed as WSR 25-06-086 on March 5, 2025.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: May 6, 2025.

Rules and Policy Manager

AMENDATORY SECTION(Amending WSR 23-23-180, filed 11/22/23, effective 12/23/23)

WAC 308-100-020 Commercial driver's license—Eligibility.

(1) Any person who is at least 18 years of age and who meets the requirements of chapter 46.25 RCW may apply to the department for a commercial driver's license.

(2) For the purposes of clarifying when a CDL cannot be issued to citizens of Canada or Mexico:

(a) A driver who is a citizen of Canada or Mexico must be a resident of Washington, and either be a citizen of the U.S. or have an unexpired Permanent Resident (Green) Card (Form I-551) to obtain a Washington CDL.

(b) A driver who is a citizen of Canada or Mexico that is a resident of Washington but only has an employment authorization document cannot be issued a Washington or ((non-Domiciled))nondomiciled CDL.

(c) A driver who meets the criteria for Deferred Action for Childhood Arrivals as defined at 8 C.F.R. Part 236, Subpart C is eligible for a nondomiciled CDL.