WSR 06-02-036

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF LICENSING


[ Filed December 28, 2005, 4:07 p.m. ]

     Subject of Possible Rule Making: Setting period of driver's license suspension for providing false information when applying for a commercial driver's license.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.01.110 and 46.20.291.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Federal regulations, 49 C.F.R. 383.73(g), requires that the state shall at a minimum suspend, cancel, or revoke a person's commercial driver's license or his or her pending application, or disqualify the person from operating a commercial motor vehicle for a period of at least sixty consecutive days if he or she has falsified information in connection with an application for a commercial driver's license. Adopting a rule on this subject will ensure that the state of Washington remains in compliance with federal requirements.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal Motor Carrier Safety Administration (FMCSA). The department has consulted with the FMCSA in assessing the need for this rule.

     Process for Developing New Rule: Federal audit finding.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, phone (360) 902-3846, e-mail cholloway@dol.wa.gov, fax (360) 586-8351.

December 27, 2005

Becky Loomis

Assistant Director