WSR 01-21-112

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed October 23, 2001, 2:55 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 308-100-140 Commercial driver's license third party tester agreements.

Purpose: Clarifies a recent amendment to the department's criteria for determining the need to enter into an agreement with third parties to test applicants for commercial driver's licenses.

Statutory Authority for Adoption: RCW 46.01.110 and 46.25.060.

Statute Being Implemented: RCW 46.25.060.

Summary: Makes it clear that in counties where there is only one third-party tester, the department will not base the determination of need for a third-party tester solely on the expected number of applicants for a commercial driver's license in those locations when renewing or extending a third-party tester agreement.

Reasons Supporting Proposal: Incorporates a suggestion from a third-party tester covered by current rule.

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 are being proposed.

Proposal Changes the Following Existing Rules: Amending WAC 308-100-140 to provide that in counties where there is only one third-party tester, the department will not base the determination of need for a third-party tester solely on the expected number of applicants for a commercial driver's license in those locations when renewing or extending a third-party tester agreement.

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 rule 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, at 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 23, 2001

Denise M. Movius

Assistant Director


AMENDATORY SECTION(Amending WSR 01-09-062, filed 4/16/01, effective 5/17/01)

WAC 308-100-140   Third party tester.   The department may enter into an agreement with third party testers to conduct the commercial driver's license classified skill examination. An agreement will only be made where the department has determined that a need for a third party tester exists in the location covered by the third party tester, and that the third party tester is otherwise qualified. In counties where there are no third party testers, or where not extending or renewing an agreement would result in no third party testers, the department will not base the determination of need solely on the expected number of applicants for a commercial driver's license in those locations. The department may suspend an agreement with a third party tester for any length of time upon a showing of good cause. An agreement between the department and a third party tester will be valid for no more than two years, provided that the department may extend an agreement for up to an additional two years at its discretion. The department may renew an agreement if it has determined that a need for a third party tester still exists in the location covered by the third party tester.

[Statutory Authority: RCW 46.01.110 and 46.25.060. 01-09-062, 308-100-140, filed 4/16/01, effective 5/17/01. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. 00-18-068, 308-100-140, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 3, 5, 8 and 16. 89-18-003, 308-100-140, filed 8/24/89, effective 9/24/89.]

Washington State Code Reviser's Office