WSR 17-22-049

PERMANENT RULES

DEPARTMENT OF LICENSING

[Filed October 25, 2017, 12:26 p.m., effective November 25, 2017]

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

Purpose: This rule outlines the process the department will follow to waive the ignition interlock device (IID) tolling requirement from an individual's record for medical purposes as required in RCW 46.20.720 (3)(e). E2SHB 1614, enacted by the 2017 legislature, requires the department of licensing to allow individuals to obtain a medical exemption to their IID tolling requirement if they have a physical disability preventing them from operating an IID.

Citation of Rules Affected by this Order: New WAC 308-107-090.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 17-18-080 on September 5, 2017.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: October 25, 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.