reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-010 - Vehicles requiring a commercial driver's license for their operation

Current through Register Vol. 24-14, July 15, 2024
The director of the department of licensing hereby finds that
				the following vehicles require special operating skills by the drivers of those
				vehicles:
(1) Single vehicles with a
			 gross vehicle weight rating (GVWR) of 26,001 pounds or more;
(2) Any combination of vehicles where:
(a) The vehicle being driven has a GVWR of
			 26,001 pounds or more; or
(b) The
			 vehicle being towed has a GVWR of 10,001 pounds or more and the gross
			 combination weight rating (GCWR) of the vehicles is 26,001 pounds or
			 more;
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-020 - Commercial driver's license-Eligibility

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who is at least 18 years of
			 age and who meets the requirements of chapter 46.25 RCW may apply to the
			 department for a commercial driver's license.
(2) For the purposes of clarifying when a CDL
			 cannot be issued to citizens of Canada or Mexico:
(a) A driver who is a citizen of Canada or
			 Mexico must be a resident of Washington, and either be a citizen of the U.S. or
			 have an un-expired Permanent Resident (Green) Card (Form I-551) to obtain a
			 Washington CDL.
(b) A driver who is
			 a citizen of Canada or Mexico that is a resident of Washington but only has an
			 employment authorization document cannot be issued a Washington or
			 non-Domiciled CDL.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-031 - Skill and training requirements for commercial driver's license (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.25.140 and
				  46.01.110. 09-20-019, §
				  308-100-031, filed 9/28/09, effective 10/29/09. Statutory Authority:
				  RCW
				  46.01.110,
				  46.25.060, and
				  46.25.140. 08-16-017, §
				  308-100-031, filed 7/25/08, effective
				  8/25/08.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-034 - Demonstrated proficiency

Current through Register Vol. 24-14, July 15, 2024
For the purposes of establishing the definition of demonstrated
				proficiency, where and how proficiency is assessed, and procedures for
				reporting to the department.
(1) Per
			 WAC 308-100-033 and 49 C.F.R. Part
			 380 , training providers must determine and document that each driver-trainee
			 has demonstrated proficiency in all elements of behind-the-wheel (BTW)
			 curriculum, unless otherwise noted. Proficiency-based learning must be used to
			 teach and determine driver-trainees' basic vehicle control skills, mastery of
			 basic maneuvers, and public road operation, as covered in
			 49 C.F.R.
			 383.111 and
			 383.113, necessary to operate the
			 vehicle safely.
(a) Consistent with the
			 definitions of BTW range training and BTW public road training in
			 49 C.F.R.
			 380.605, a simulation device cannot be used
			 to conduct such training or to demonstrate proficiency.
(b) Training providers must document the
			 actual number of clock hours each driver-trainee spends to complete the BTW
			 curriculum.
(c) Driver-trainees are
			 not required to demonstrate proficiency in the following skills:
(i) Hazard perception;
(ii) Railroad (RR) highway grade
			 crossing;
(iii) Night
			 operation;
(iv) Extreme driving
			 conditions;
(v) Skid
			 control/recovery, jackknifing, and other emergencies.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-035 - Employer certification

Current through Register Vol. 24-14, July 15, 2024
(1) An employer
			 may train its employees on the skills and training necessary to operate a
			 commercial motor vehicle in accordance with course of instruction required in
			 WAC 308-100-033, with the exception
			 of the minimum required hours. The training must be relevant to the
			 classification or endorsements of commercial motor vehicle that the employee is
			 licensed to operate.
(2) The
			 certification of training completion must be provided to the department
			 electronically according to WAC
			 308-100-036. An employer may only
			 submit completion of training to operate a commercial motor vehicle safely if
			 the employee has successfully completed training with a training provider
			 listed on FMCSA's Training Provider Registry established under
			 49 C.F.R.
			 380.700.
(3) The department must receive an electronic
			 notification of successful completion prior to an employee taking a skills
			 test.
Statutory Authority:
				  RCW
				  46.01.110,
				  46.25.060, and
				  46.25.140. 08-16-017, §
				  308-100-035, filed 7/25/08, effective
				  8/25/08.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-036 - Reporting training results

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 training provider and employer must provide electronic notification to the
			 department when a student successfully completes a course of instruction
			 described in WAC
			 308-100-033
			 for schools and WAC
			 308-100-035
			 for employers.
(2) The notification
			 of course completion must consist of:
(a) A
			 certification that the student/employee demonstrated proficiency in all
			 elements of the curriculum required in subsection (1) of this
			 section;
(b) Driver license
			 number;
(c) Phone number;
(d) Type of training;
(e) Classroom hours completed;
(f) Backing hours completed;
(g) Street driving hours completed;
(h) Proficiency hours completed;
(i) Range hours completed;
(j) Course start date;
(k) Course completion date; and
(l) Instructor.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-038 - Commercial driver's license-Additional restrictions (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.25.060, and
				  46.25.140. 08-16-017, §
				  308-100-038, filed 7/25/08, effective
				  8/25/08.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-040 - Examination requirement for commercial driver's license

Current through Register Vol. 24-14, July 15, 2024
(1) Persons
			 applying for a commercial driver's license are required to pass a written
			 examination testing their knowledge of commercial motor vehicle laws, rules of
			 the road, and operating characteristics of the class and/or endorsement of
			 vehicles for which they are seeking the commercial driver's license. Applicants
			 are required to successfully demonstrate operating skills for the class of
			 vehicle and endorsement(s) for which they seek the commercial driver's
			 license.
(2) Knowledge and skills
			 test scores are valid according to the following conditions:
(a) Double/triple and HAZMAT knowledge tests
			 are valid for 180 days.
(b) General
			 knowledge, passenger, school bus, air brake, and combination tests are valid
			 for 180 days or through one CLP renewal cycle not to exceed one year (365 days)
			 from the initial issuance.
(c)
			 Tanker knowledge tests are only valid for 180 days unless the endorsement has
			 been added to a valid commercial learner's permit.
When the endorsement is added to the permit, the test scores
				shall be valid for 180 days or through one CLP renewal cycle not to exceed one
				year (365 days) from the initial issuance.
(d) Skills tests scores for passed segments
			 of the test are only valid during the initial issuance of the CLP. The renewal
			 of a CLP nullifies any previously passed test segment scores.
(e) Excepting knowledge tests in (a) and (c)
			 of this subsection, knowledge test scores remain valid when a CLP is renewed
			 once for an additional 180 days not to exceed one year (365 days) from the
			 initial issuance. Any subsequent CLP issuance or renewal requires retesting in
			 all relevant knowledge areas.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-045 - Reinstatement of a CDL after disqualification, cancellation, expiration, revocation, surrender, suspension, or transfer

Current through Register Vol. 24-14, July 15, 2024
(1) CDL holders may reinstate a CDL after a
			 period of disqualification, cancellation, expiration, revocation, surrender,
			 suspension, or transfer under the following conditions:
(a) Any driver that has been without a
			 commercial driver license (CDL), less than two years, if eligible, may
			 reinstate the same CDL, endorsements, and restrictions without any additional
			 training or testing provided all other issuance requirements have been
			 satisfied.
(b) Any driver that has
			 been without a commercial driver license (CDL), two years or more but less than
			 eight years, may reinstate the same CDL, endorsements, and restrictions without
			 any additional training. However, the driver must pass all applicable CDL
			 knowledge tests, obtain a CLP, and pass all required skills tests provided all
			 other issuance requirements have been satisfied.
(c) Any driver without a commercial driver
			 license (CDL) for eight years or more, may reinstate the same CDL,
			 endorsements, and restrictions, if otherwise eligible, must pass all required
			 knowledge tests, obtain a CLP, complete required training, and pass all
			 required skills tests. All other issuance requirements must be satisfied.
(i) Drivers must complete all required
			 training for their intended class and endorsements as stated in WAC
			 308-100-033.
(ii) Any driver wishing to upgrade the class
			 or endorsement(s) of their CDL at the time of reinstatement must complete all
			 required training and tests associated with that upgrade.
(d) A driver transferring to Washington
			 without a valid CDL, who surrendered that license prior to transfer may
			 reinstate the same CDL, endorsements, and restrictions, if otherwise eligible,
			 shall follow the procedures set forth in (a), (b), or (c) of this subsection as
			 appropriate.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-050 - Examination fees

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 examination fee for each commercial driver's license knowledge examination,
			 commercial driver's license endorsement knowledge examination, or any
			 combination of commercial driver's license and endorsement knowledge
			 examinations, shall be $35.
(2)
(a) Except as provided in subsection (2)(b)
			 of this section, the examination fee for each commercial driver's license skill
			 examination conducted by the department shall be $175.
(b) If the applicant's primary use of a
			 commercial driver's license is to drive a school bus, the applicant shall pay a
			 fee of no more than $100 for the classified skill examination or combination of
			 classified skill examinations conducted by the department and entitles the
			 applicant to take the examination up to two times in order to pass.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-060 - Waiver applications and forms

Current through Register Vol. 24-14, July 15, 2024
An application for a waiver from examination must be submitted
				on forms supplied by the department of licensing.
Statutory Authority:
				  RCW
				  46.01.110. 82-03-046 (Order 668 DOL), §
				  308-100-060, filed 1/19/82; Order 691101, § 308-100-060, filed 11/26/69;
				  Order 1, § 308-100-060, filed
				  1/5/68.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-090 - Commercial motor vehicle instruction permits

Current through Register Vol. 24-14, July 15, 2024
Any person who is at least eighteen years of age and who meets
				the requirements of
				RCW
				46.25.060(4) may apply to
				the department for an instruction permit for the operation of a commercial
				motor vehicle. When operating a commercial motor vehicle on a highway, the
				instruction permit holder must be accompanied by the holder of a commercial
				driver's license valid for the vehicle being driven, with no less than two
				years of driving experience with the class of commercial motor vehicle being
				operated, and no less than five years of total driving experience. The holder
				of the commercial driver's license must occupy the seat beside the individual
				for the purpose of giving instruction in driving the commercial motor
				vehicle.
Statutory Authority:
				  RCW
				  46.01.110,
				  46.25.060,
				  46.25.140. 03-10-024, §
				  308-100-090, filed 4/28/03, effective 5/29/03; Order 108 MV, §
				  308-100-090, filed 9/14/71.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-100 - Intrastate waiver

Current through Register Vol. 24-14, July 15, 2024
A person who is not physically qualified to drive a commercial
				motor vehicle under section 391.41 of the Federal Motor Carrier Safety
				Regulations (
				49 C.F.R.
				391.41 ), and who is otherwise qualified to
				drive a motor vehicle in the state of Washington, may apply to the department
				of licensing for an intrastate waiver. Upon receipt of the application for an
				intrastate waiver, the department shall review and evaluate the driver's
				physical qualifications to operate a motor vehicle in the state of Washington,
				and shall issue an intrastate waiver if the applicant meets all applicable
				licensing requirements.
Statutory Authority:
				  RCW
				  46.01.110,
				  46.25.010,
				  46.25.060, and
				  46.25.140. 00-18-068, §
				  308-100-100, 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, § 308-100-100, filed 8/24/89, effective
				  9/24/89.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-110 - Renewal online

Current through Register Vol. 24-14, July 15, 2024
Except as otherwise provided by this section, any person who is
				outside the state at the time his or her commercial driver's license expires
				may request a renewal by mail or online as permitted by
				RCW
				46.20.120(3). The department
				shall not renew an endorsement to a commercial driver's license for the
				operation of a vehicle transporting hazardous materials by mail or
				online.
Statutory Authority:
				  RCW
				  46.01.110,
				  46.25.010,
				  46.25.060, and
				  46.25.140. 00-18-068, §
				  308-100-110, 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, § 308-100-110, filed 8/24/89, effective 9/24/89.
Reviser's note:
RCW
				  34.05.395 requires the use of underlining and
				  deletion marks to indicate amendments to existing rules, and deems ineffectual
				  changes not filed by the agency in this manner. The bracketed material in the
				  above section does not appear to conform to the statutory
				  requirement.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-120 - Extra-territorial convictions - Notification

Current through Register Vol. 24-14, July 15, 2024
A driver of a commercial motor vehicle required to notify the
				department of an extra-territorial conviction under the provisions of section
				5, chapter 178, Laws of 1989, shall make such notification on a form provided
				by the department, or by other correspondence providing the information
				required on the department's form.
Statutory Authority:
				  RCW
				  46.01.110 and 1989 c 178 §§ 3, 5, 8
				  and 16. 89-18-003, § 308-100-120, filed 8/24/89, effective
				  9/24/89.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-130 - Serious traffic violations

Current through Register Vol. 24-14, July 15, 2024
In addition to the violations enumerated in
				RCW
				46.25.010, "Serious traffic violation" shall
				include:
(1) Negligent driving in the
			 first or second degree, as defined by
			 RCW
			 46.61.5249,
			 46.61.525, or
			 46.61.526;
(2) Following too closely, as defined by
			 RCW
			 46.61.145, or
			 46.61.635;
(3) Failure to stop, as defined by
			 RCW
			 46.61.055,
			 46.61.065,
			 46.61.195,
			 46.61.200,
			 46.61.365,
			 46.61.370,
			 46.61.375, or
			 46.61.385;
(4) Failure to yield right of way, as defined
			 by RCW
			 46.61.180,
			 46.61.185,
			 46.61.190,
			 46.61.202,
			 46.61.205,
			 46.61.210,
			 46.61.212,
			 46.61.215,
			 46.61.220,
			 46.61.235,
			 46.61.245,
			 46.61.261,
			 46.61.300, or
			 46.61.427;
(5) Speed too fast for conditions, as defined
			 by RCW
			 46.61.400;
(6) Improper lane change or travel, as
			 defined by
			 RCW
			 46.61.070,
			 46.61.105,
			 46.61.140,
			 46.61.290, or
			 46.61.608;
(7) Improper or erratic lane changes,
			 including:
(a) Improper overtaking on the
			 right, as defined by
			 RCW
			 46.61.115;
(b) Improper overtaking on the left, as
			 defined by
			 RCW
			 46.61.110,
			 46.61.120, or
			 46.61.130; and
(c) Improper driving to left of center of
			 roadway, as defined by
			 RCW
			 46.61.125;
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-135

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.25.140. 10-15-020, §
				  308-100-135, filed 7/9/10, effective
				  8/9/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-140 - Third-party tester

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department may enter into an agreement with third-party testers to conduct the
			 commercial driver's license classified skill examination.
(a) 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.
(b) 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.
(c) 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.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-150 - Third-party examiner- Qualifications

Current through Register Vol. 24-14, July 15, 2024
A person applying to be a third-party examiner must meet the
				following requirements:
(1) Hold an
			 active CDL;
(2) Have two years or
			 more experience operating commercial motor vehicles representative of the class
			 of vehicle for which he or she would conduct testing;
(3) Have five years of total driving
			 experience;
(4) A check of the
			 person's driving record shows: The person has not been convicted or found to
			 have committed any of the following offenses within the three year period
			 preceding the date of application:
(a) Driving
			 a motor vehicle while under the influence of alcohol or any drug;
(b) Driving a commercial motor vehicle while
			 the alcohol concentration in the person's system is 0.04 or more as determined
			 by any testing methods approved by law in this state or any other state or
			 jurisdiction;
(c) Leaving the scene
			 of an accident involving a commercial motor vehicle driven by the
			 person;
(d) Using a commercial
			 motor vehicle in the commission of a felony;
(e) Refusing to submit to a test to determine
			 the driver's alcohol concentration while driving a motor vehicle; and
(f) Convicted of and found to have committed
			 any of the following felony offenses or any crime involving fraud, moral
			 turpitude, dishonesty, or corruption.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-160 - Test requirements

Current through Register Vol. 24-14, July 15, 2024
The skills test given by a third party are the same as those
				that would otherwise be given by the state using the same version of the skills
				test, the same written instructions for test applicants, and the same score
				sheets as those prescribed by the department. Any applicant aggrieved by the
				outcome of a test conducted by a third-party examiner may petition the
				department for review of the scoring procedure used by the third-party
				examiner.
Statutory Authority:
				  RCW
				  46.01.110 and 1989 c 178 §§ 3, 5, 8
				  and 16. 89-18-003, § 308-100-160, filed 8/24/89, effective
				  9/24/89.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-170 - Test route approval

Current through Register Vol. 24-14, July 15, 2024
(1) The test
			 route used by a third-party examiner must be approved by the department prior
			 to its use for commercial driver license skill testing purposes.
(2) Skills testing is prohibited at a
			 training facility or route except for transit organizations and educational
			 school districts that are owned and operated by a government entity.
Statutory Authority:
				  RCW
				  46.01.110 and 1989 c 178 §§ 3, 5, 8
				  and 16. 89-18-003, § 308-100-170, filed 8/24/89, effective
				  9/24/89.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-180 - Third-party testing fee

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Except as provided in WAC
			 308-100-190 or (b) of this
			 subsection, the base fee for each classified skill examination or combination
			 of skill examinations conducted by a third-party tester shall not be more than
			 $175.
(b) If the applicant's
			 primary use of a commercial driver's license is to drive a school bus, the
			 applicant shall pay a fee of no more than $100 for the classified skill
			 examination or combination of classified skill examinations conducted by the
			 department and entitles the applicant to take the examination up to two times
			 in order to pass.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-190 - Requirements for exceeding base fee

Current through Register Vol. 24-14, July 15, 2024
A third party tester may petition the department for a waiver
				of the skill examination fee ceiling imposed by WAC
				308-100-180 (Third party testing
				fee). The third party tester shall indicate the amount of the proposed fee, the
				location of the test and provide detailed justification for the increase. The
				department may grant the higher fee, provided that the service cannot be
				performed within a reasonable time by another tester at the standard fee. The
				department will review any complaints regarding higher fees, and may impose a
				reduction where warranted.
Statutory Authority:
				  RCW
				  46.01.110,
				  46.25.010,
				  46.25.060, and
				  46.25.140. 00-18-068, §
				  308-100-190, 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, § 308-100-190, filed 8/24/89, effective
				  9/24/89.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-200 - Third party tester - Termination

Current through Register Vol. 24-14, July 15, 2024
The department may terminate an agreement with a third party
				tester providing commercial driver's license skill examinations where the
				volume of applicants for commercial driver's licenses makes such third party
				testing unnecessary, or upon a showing of good cause.
Statutory Authority:
				  RCW
				  46.01.110 and 1989 c 178 §§ 3, 5, 8
				  and 16. 89-18-003, § 308-100-200, filed 8/24/89, effective
				  9/24/89.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-210 - Recreational vehicle - Definition

Current through Register Vol. 24-14, July 15, 2024
For the purposes of
				RCW
				46.25.050(1)(c), the term
				"recreational vehicle" shall include vehicles used exclusively for
				noncommercial purposes which are:
(1)
			 Primarily designed for recreational, camping, or travel use;
(2) Towing a horse trailer; or
(3) Rental trucks having no more than two
			 axles (one steering and one drive axle) used strictly and exclusively to
			 transport personal possessions.
Statutory Authority:
				  RCW
				  46.01.110 and
				  46.25.140. 90-17-028, §
				  308-100-210, filed 8/8/90, effective
				  9/8/90.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-100 - Drivers' licenses-Special provisions › Section 308-100-400 - Formal hearings - Continuances

Current through Register Vol. 24-14, July 15, 2024
(1) After a hearing has been scheduled
			 pursuant to
			 RCW
			 46.25.120(5), it may be
			 continued, rescheduled, or adjourned only at the discretion of the hearing
			 officer.
(2) A hearing officer must
			 continue a hearing scheduled pursuant to
			 RCW
			 46.25.120(5) in the event a
			 law enforcement officer whose attendance is required fails to appear. A hearing
			 continued under this subsection must be adjourned until such time as the
			 officer may be compelled to attend by issuance of a subpoena under
			 RCW
			 46.20.332. A subpoena issued to compel the
			 attendance of an officer is subject to enforcement under
			 RCW
			 7.21.060.
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-100-400, filed 7/14/06, effective
				  8/14/06.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-010 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
			 applies to all adjudicative proceedings under the jurisdiction of the
			 department of licensing or the director of the department of licensing with
			 respect to the following types of cases:
(a)The implied consent law (RCW
			 46.20.308 );
(b) The habitual traffic offender law
			 (chapter 46.65 RCW);
(c) The
			 Uniform Commercial Driver's License Act (chapter 46.25 RCW);
(d) Any formal hearing affecting the driving
			 privilege conducted pursuant to the provisions of
			 RCW
			 46.20.329 through
			 46.20.333.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-020 - Hearings examiners

Current through Register Vol. 24-14, July 15, 2024
All adjudicative proceedings under this chapter shall be
				conducted by a department hearings examiner, who is appointed a referee or
				presiding officer for such purposes. The director may also appoint additional
				referees or presiding officers from the employees of the department to conduct
				hearings. The director retains the discretion to revoke or limit an appointment
				at any time.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-030 - Computation of time

Current through Register Vol. 24-14, July 15, 2024
(1) In
			 computing any period of time prescribed or allowed by any applicable statute or
			 rule,
			 RCW 1.12.040
			 shall apply;
(2) When the period of
			 time prescribed or allowed is less than seven days, intermediate Saturdays,
			 Sundays and legal holidays shall be excluded in the computation;
(3) Whenever a person has the right to
			 request a hearing or other proceeding within a prescribed period after "notice
			 is given" by the department under Title 46 RCW or 308 WAC, such notice is
			 deemed to be given on the third day after the notice is deposited into the
			 state mailing service;
(4) Whenever
			 a person has the right to request a hearing or other proceeding within a
			 prescribed period after "receiving notice" from the department under Title 46
			 RCW or 308 WAC, such notice is deemed to be "received" by a person on the third
			 day after the notice is deposited into the state mailing service;
(5) A request for a hearing or interview
			 under Title 46 RCW is deemed complete on the day the request is postmarked or,
			 if sent electronically, the date the request is received by the department, and
			 the department is deemed to be in receipt of the hearing or interview request
			 on the third day after the request is postmarked.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-040 - Eligibility for hearing

Current through Register Vol. 24-14, July 15, 2024
(1) A person is
			 eligible for a hearing whenever the department proposes an adverse action
			 against the driving privilege and the opportunity for a hearing or an interview
			 is required by law. A person is also eligible for a hearing in the following
			 circumstances:
(2)
HTO stay
			 hearings:
A habitual traffic offender is eligible for a stay hearing
			 under RCW
			 46.65.060 so long as the following conditions
			 have been met:
(a) There is an alcohol/drug
			 assessment from a state approved treatment agency on file that indicates
			 substance dependence, and it was completed after the last drug or alcohol
			 related offense on the driving record;
(b) The person is not revoked for a violation
			 of a stay or probation previously granted under
			 RCW
			 46.65.060 or
			 46.65.080;
(c) If a stay has previously been denied
			 after a hearing, there is evidence of substance dependence with new treatment
			 information from a state approved treatment agency.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-060 - Service on petitioner

Current through Register Vol. 24-14, July 15, 2024
Service on the petitioner: Except as provided in WAC
				308-101-080(10), the hearings and interviews unit provides all final orders and
				correspondence to the petitioner at the petitioner's address of record, unless
				the petitioner is represented, in which case service on the legal
				representative is deemed service on the petitioner. Documents may be provided
				to a petitioner via electronic distribution only, with the petitioner's
				agreement.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-070 - Signatures

Current through Register Vol. 24-14, July 15, 2024
(1) Legal
			 representative signatures. An electronic document which requires a legal
			 representative's signature may be signed in the following manner:
/s/ Jane Attorney
State Bar Number 12345
ABC Law Firm
123 South Fifth Avenue
Seattle, WA 98104
Telephone: 206-123-4567
Fax: 206-123-4567
Email: Jane.Attorney@lawfirm.com
(2) Law enforcement officer signatures on
			 documents signed under penalty of perjury. Any document initiated by a law
			 enforcement officer is presumed to have been signed when the officer uses his
			 or her user ID and password to electronically submit the document to a court or
			 prosecutor through the statewide electronic collision and traffic online
			 records application, the justice information network data exchange, or a local
			 secured system that the presiding judge designates by local rule. Unless
			 otherwise specified, the signature shall be presumed to have been made under
			 penalty of perjury under the laws of the state of Washington and on the date
			 and at the place set forth in the report and/or citation.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-080 - Requests for hearing

Current through Register Vol. 24-14, July 15, 2024
(1) A request
			 for a hearing shall be in writing;
(2) When no deadline for requesting a hearing
			 or interview is provided in Title 46 RCW, or other law or rule of the
			 department, a hearing or interview request must be postmarked or received by
			 the hearings and interviews unit within fifteen days after notice is
			 given;
(3) The hearing request form
			 provided by the department shall include a statement that if the parties or
			 witness(es) are hearing or speech impaired and/or non-English speaking, a
			 qualified interpreter will be appointed at no cost to the parties or witnesses.
			 The form shall include a section where the petitioner may request an
			 interpreter and where he or she may identify the language and/or nature of the
			 interpretive services needed;
(4)
			 The request for hearing shall include the following information with respect to
			 the petitioner:
(a) Full name;
(b) Mailing address;
(c) Daytime telephone number, including area
			 code;
(d) Date of birth;
			 and
(e) Driver's license
			 number.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-090 - Scheduling-Notice of hearing

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 shall send a hearing notice to the petitioner or petitioner's legal
			 representative, either through the U.S. Postal Services or through an
			 alternative electronic transmission, in the time frame prescribed in Title 46
			 RCW. If no period is prescribed, the petitioner shall be served with a notice
			 of hearing at least 10 days before the date set for the hearing.
(2) The department's hearing notice will
			 include the assigned examiner's name, a phone number at which he or she may be
			 contacted, and other information concerning the hearing. The department's
			 notice will also include a telephone number and a TDD number that any party or
			 witness may call to request special accommodations. The notice must also
			 include:
(a) A statement of the time, place,
			 and nature of the hearing.
(b) A
			 statement of the legal authority under which the hearing is to be
			 held;
(c) A statement that a party
			 who fails to attend or participate in a hearing or other stage of an
			 adjudicative proceeding may be held in default in accordance with this
			 chapter.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-100 - Place of hearing

Current through Register Vol. 24-14, July 15, 2024
(1) All
			 hearings and interviews will be scheduled telephonically, unless the hearing is
			 required by law to be in person or an in-person hearing is requested in
			 accordance with subsection (2) of this section.
(2) The petitioner or petitioner's legal
			 representative may request that all or part of the hearing or interview be
			 conducted in person. Such a request must be in writing stating the reasons and
			 be directed to the assigned hearings examiner upon receipt of the hearing
			 notice. The hearings examiner will have the sole discretion to grant or deny
			 this request.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-110 - Notice of appearance

Current through Register Vol. 24-14, July 15, 2024
(1) If
			 a petitioner has legal representation at the administrative hearing, the
			 department shall be provided with the legal representative's name, address, and
			 telephone number. The department may require the legal representative to file a
			 written notice of appearance or to provide documentation that an absent
			 petitioner has authorized the legal representative to appear on the party's
			 behalf. The legal representative shall file a notice of withdrawal upon
			 withdrawal of representation.
(2)
			 When a legal representative has appeared in a matter, documents related to the
			 hearing, including final orders, will only be served on the legal
			 representative. Documents may be provided to a petitioner's legal
			 representative via electronic distribution only, with the legal
			 representative's agreement.
(3) For
			 the purposes of this section, a "legal representative" means an attorney or
			 supervised legal intern that is authorized to practice law in the state of
			 Washington.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-120 - Continuances

Current through Register Vol. 24-14, July 15, 2024
(1) After a hearing
			 has been scheduled, it may be continued or rescheduled only at the discretion
			 of the hearings examiner.
(2)
			 Requests for a continuance, or to reschedule, must include all of the
			 following:
(a) A written request directed to
			 the assigned hearings examiner;
(b)
			 The basis for the request; and
(c)
			 At least two proposed reschedule dates.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-130 - Agreements to schedule hearings under RCW 4620308 past the time frame required by law

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 presumes any of the following actions taken by the petitioner is a request that
			 the department agree to extend the hearing beyond the time frame required by
			 RCW
			 46.20.308:
(a) A request for a continuance;
(b) A request to hold an in-person hearing
			 when the request cannot be accommodated within the time frame
			 required;
(c) A request to set
			 aside a default order;
(d) A
			 request for a subpoena when service cannot be accommodated within the time
			 frame required;
(e) Remitting
			 insufficient funds to satisfy the hearing fee;
(f) Any other action taken by the petitioner
			 that makes the scheduling of the hearing within the time frame required by law
			 impracticable.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-140 - Cancellation of hearings

Current through Register Vol. 24-14, July 15, 2024
(1) If
			 the petitioner elects to cancel his or her request for a hearing, he or she
			 must notify the department of his or her intent to do so in writing or orally
			 on the record.
(2)
Entry into
			 deferred prosecution:
A stay of a suspension or revocation granted
			 pursuant to the provisions of
			 RCW
			 46.20.308(9) does not
			 automatically result in a cancellation of a requested hearing. Absent a written
			 cancellation under subsection (1) of this section, the hearing will proceed and
			 the results will be sent to the petitioner. If the suspension is sustained
			 after the hearing, the stay of the action shall continue but any appeal of the
			 findings and conclusions must be undertaken within thirty days of service of
			 the results.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-150 - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1) Subpoenas shall
			 be issued and enforced, as provided in
			 RCW
			 46.20.308(7). All subpoenas
			 shall direct the witness to appear by telephone unless otherwise ordered by the
			 hearings examiner.
(2) Every
			 subpoena shall be submitted on a form approved by the department, available on
			 the internet at
www.dol.wa.gov
, for
			 approval by a hearings examiner. If approved, the hearings examiner will sign
			 and issue the subpoena back to the party requesting the subpoena.
(3) A subpoena to a person to provide
			 testimony at a hearing shall:
(a) Specify the
			 date and time set for hearing; and
(b) The hearing department's contact
			 information. This contact information must enable the person receiving the
			 subpoena to request an alternative date and time for the department to receive
			 their testimony, if they are unavailable on the date of the hearing.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-155 - Filing of exhibits and other documents with the department and calling expert witnesses

Current through Register Vol. 24-14, July 15, 2024
(1) Any exhibit or
			 document submitted to the hearings and interviews unit must include the
			 petitioner's case number assigned by the unit, if a case number has been
			 assigned. All exhibits or documents submitted electronically, shall only be
			 submitted in a PDF format.
(2) A
			 petitioner may submit documents for consideration via any one of the following
			 methods:
(a) U.S. mail addressed to:
			 Department of Licensing, Hearings and Interviews Unit, P.O. Box 9030, Olympia,
			 WA 98507-9030.
(b) Facsimile
			 transmission to the assigned hearings examiner.
(c) An internet portal made available by the
			 department.
(d) Email
			 hearings@dol.wa.gov.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-160 - Evidence

Current through Register Vol. 24-14, July 15, 2024
(1) All rulings
			 upon objections to the admissibility of evidence shall be made in accordance
			 with the provisions of these rules.
(2) Evidence including testimony and
			 documentary evidence, is admissible if received prior to, or during, the
			 hearing.
(3) The hearings examiner
			 shall rule on the admissibility and weight to be accorded to all evidence
			 submitted at the hearing. Evidence, including hearsay evidence, is admissible
			 if in the judgment of the hearings examiner it is the kind of evidence on which
			 reasonably prudent persons are accustomed to rely on in the conduct of their
			 affairs. The hearings examiner may exclude evidence that is irrelevant,
			 immaterial, or unduly repetitious. The admissibility of evidence shall be
			 liberally construed to effect the intent and purpose of the hearings covered by
			 these rules.
(4)
Oral
			 testimony:
Law enforcement officers or other persons with knowledge
			 relevant to the hearing may appear and testify without notice. Such testimony
			 shall not preclude the admissibility of any documents submitted.
(5) The refusal of a witness to answer any
			 question which has been ruled to be proper shall, in the discretion of the
			 hearings examiner, be grounds for striking all testimony previously given by
			 such witness on related matter.
(6)
Documentary evidence:
Documentary evidence may be received in the
			 form of copies or excerpts, or by incorporation by reference. When only
			 portions of a document are to be relied upon, the offering party shall identify
			 the pertinent excerpts and state the purpose for which such materials will be
			 offered. Only the excerpts, in the form of copies, shall be received in the
			 record. However, the whole of the original documents, except any portions
			 containing confidential material protected by law, shall be made available for
			 examination and for use by all parties.
(7) Official notice may be taken of:
(a) Any judicially cognizable facts;
(b) technical or scientific facts
			 within the agency's specialized knowledge; and
(c) codes or standards that have been adopted
			 by an agency of the United States, of this state or of another state, or by a
			 nationally recognized organization or association. Parties shall be notified
			 either before or during the hearing of the material so noticed and the sources
			 thereof and they shall be afforded an opportunity to contest the facts and
			 materials so noticed. A party proposing that official notice be taken may be
			 required to produce a copy of the material to be noticed.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-170 - Video evidence

Current through Register Vol. 24-14, July 15, 2024
(1) If the
			 petitioner wishes to submit video evidence, the petitioner shall be responsible
			 for the costs of preparing a copy to be admitted as evidence. Video evidence
			 shall be submitted sufficiently in advance of the hearing to allow the hearings
			 examiner the opportunity to review it prior to the hearing. The hearings
			 examiner may require a time waiver from the petitioner in order to reschedule
			 the hearing and satisfy this provision when needed. Video evidence must be
			 submitted by DVD and in a format which allows the DVD to be viewed on the
			 department's equipment. Any costs associated with this requirement is to be the
			 responsibility of the petitioner.
(2) Video evidence may be submitted in the
			 following ways: On a DVD, on a flash drive, or submitted electronically in a
			 digital format. If the petitioner wishes to submit a digital copy of video
			 evidence, the petitioner shall email hearings@dol.wa.gov with the evidence and
			 any instructions on viewing the evidence. The video must be in a format that
			 allows the video to be viewed on the department's equipment. Any costs
			 associated with this requirement is to be the responsibility of the
			 petitioner.