PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Driver records -- Address of record.
Purpose: Updates procedures for determining the address of record for driver's license records.
Statutory Authority for Adoption: RCW 46.01.110 and 46.20.205.
Statute Being Implemented: RCW 46.20.205.
Summary: Amends WAC 308-104-018 to clarify procedures for changing the address of record and for establishing the address of record where the department has a mailing address on file.
Reasons Supporting Proposal: Incorporates a change suggested by the Washington Association of Prosecuting Attorneys and permits the mailing of notices to a driver's mailing address where the mailing address differs from the driver's residential address.
Name of Agency Personnel Responsible for Drafting: Clark J. Holloway, Highways-Licenses Building, (360) 902-3846; Implementation and Enforcement: Denise Movius, Highways-Licenses Building, (360) 902-3850.
Name of Proponent: Department of Licensing, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: No new rules being proposed.
Proposal Changes the Following Existing Rules: Amends WAC 308-104-018 to provide that the department will not change a driver's address of record if documentation indicating a different address predates the last updating of the driver's address of record. A new subsection is added to provide that a driver's mailing address will be considered the driver's address of record for purposes of mailing notices, if the mailing address differs from the person's residence address.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business impact statement is not required pursuant to RCW 19.85.025(3).
RCW 34.05.328 does not apply to this rule adoption. The rules relates to internal governmental operations that are not subject to violation by a nongovernmental party.
Hearing Location: Highways-Licenses Building, Conference Room 406, 1125 Washington Street S.E., Olympia, WA, on November 30, 2001, 2:30 p.m.
Assistance for Persons with Disabilities: Contact Clark J. Holloway by November 29, 2001, TYY [TTY] (360) 664-0116.
Submit Written Comments to: Clark J. Holloway, Department of Licensing, P.O. Box 9030, Olympia, WA 98507-9030, fax (360) 586-8351, by November 29, 2001.
Date of Intended Adoption: December 3, 2001.
October 22, 2001
Denise M. Movius
Assistant Director
(a) The verbal request of the driver or identicard holder, where the department has satisfied itself as to the identity of the person making the request; or
(b) Receipt of written documentation or electronic communication concerning the driver or identicard holder, where such documentation or communication includes an address that differs from the one maintained by department and is:
(i) Signed by the driver or identicard holder;
(ii) Filed at the request of the driver or identicard holder; or
(iii) Filed by a public official or governmental agency.
Notwithstanding the provisions of this subsection, the address of record will not be changed if the documentation or communication received predates the last updating of the address of record.
(2) For purposes of RCW 46.20.205 (1)(b), the address of record is the driver's mailing address where the department has a mailing address on record that differs from the person's residence address.
(3) This section shall not be construed as relieving the driver or identicard holder of the responsibility to notify the department of a change of address as required by RCW 46.20.205. Failure by the department to change a driver's or identicard holder's address of record, where the driver or identicard holder has not notified the department of the change of address with the form identified in RCW 46.20.205, shall not limit the effectiveness of any notice mailed to the driver or identicard holder at the address of record as previously established by the department.
[Statutory Authority: RCW 46.01.110 and 46.20.205. 96-20-089, § 308-104-018, filed 10/1/96, effective 11/1/96.]