WSR 17-16-041 EMERGENCY RULES DEPARTMENT OF LICENSING [Filed July 24, 2017, 9:12 a.m., effective July 24, 2017] Effective Date of Rule: July 24, 2017.
Purpose: E2SHB 1614, enacted by the 2017 legislature, requires that DOL adopt a rule to allow individuals to obtain a medical exemption to their ignition interlock device (IID) tolling requirement if they have a physical disability preventing them from operating an IID. This rule making will outline the process for the medical exemption.
Statutory Authority for Adoption: RCW 46.01.110.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: E2SHB 1614 (2017) goes into effect on July 23, 2017; this emergency rule making is necessary to provide guidance to Washington drivers who could qualify for a medical exemption.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: July 24, 2017.
Damon Monroe
Rules Coordinator
NEW SECTION
WAC 308-107-090 Ignition interlock device—Medical exemption.
(1) A person applying for an ignition interlock device tolling medical exemption under RCW 46.20.720 (3)(e) must obtain and submit a statement on a department prescribed form certifying the person's condition and have the form signed by a licensed physician or other proper authority designated by the department.
(2) The department may approve or deny the exemption based on the department's evaluation.
(3) The medical exemption decision is for the confidential use of the director, the chief of the Washington state patrol, and any other public officials designated by law. It is exempt from public inspection and copying notwithstanding chapter 42.56 RCW.
(4) The medical exemption shall only be effective during an ignition interlock device period of restriction under RCW 46.20.720 (1)(c) and (d).
(5) Exemptions shall not waive the ignition interlock device duration of restriction.
(6) A person with a medical exemption shall not be eligible to drive, apply for an ignition interlock license, or receive day-for-day credit.
(7) The medical exemption shall be valid for not more than three hundred sixty-six days. For renewal of the medical exemption, a person must submit a new form as outlined in subsection (1) of this section.
(8) The department may invalidate a medical exemption if a person has an ignition interlock device installed.
(9) The department may develop procedures to certify that a person with an ignition interlock device tolling medical exemption meets the removal requirements as outlined in RCW 46.20.710(4).
(10) The department may invalidate the medical exemption and require an application for a new medical exemption if the person's license is subsequently suspended, revoked or canceled for a different violation.
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