Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-105 - Occupational/temporary restricted license denial hearings

Current through Register Vol. 24-14, July 15, 2024
(1) Upon notification by the department that
			 an occupational/temporary restricted driver's license has been denied under
			 RCW
			 46.20.391 the aggrieved person may request a
			 formal hearing to contest the department's decision. No hearing need be granted
			 where the department is prevented from issuing an occupational/temporary
			 restricted driver's license by rule or law. A request for a hearing must be
			 submitted in writing.
(2) Within
			 ten days of receipt of a request for a hearing, the department shall notify the
			 requester in writing of the time and location of the hearing. The hearing may
			 be held either in the person's county of residence or in any county adjoining
			 the person's county of residence, except that all or part of the hearing may,
			 at the discretion of the department, be conducted by telephone or other
			 electronic means.
(3) The hearing
			 shall be conducted by a hearing officer appointed by the director. The director
			 may delegate the authority to render final decisions to the hearing
			 officer.
(4) The scope of the
			 hearing shall be limited to the following issues:
(a) Whether the person had previously been
			 issued a valid license.
(b) Whether
			 the suspension or revocation giving rise to the application for an
			 occupational/temporary restricted driver's license is one for which an
			 occupational/temporary restricted driver's license may be issued under
			 RCW
			 46.20.391.
(c) Whether the person has committed an
			 offense of vehicular assault or vehicular homicide within the seven years
			 immediately preceding the conviction or incident for which the
			 occupational/temporary restricted driver's license is requested or, if there
			 are multiple suspensions or revocations in effect, within the seven years
			 immediately preceding the latest conviction or incident for which the
			 occupational/temporary restricted driver's license is requested.
(d) Whether the person is currently suspended
			 or revoked for any reason for which an occupational/temporary restricted
			 driver's license is not available.
(e) Whether it is necessary that the person
			 operate a motor vehicle because he or she:
(i)
			 Is engaged in an occupation or trade that makes it essential that the person
			 operate a motor vehicle. For purposes of this section, occupation or trade
			 means being self-employed, or in the employ of another, for monetary
			 compensation;
(ii) Is undergoing
			 continuing health care or providing continuing care to another who is dependent
			 upon the person;
(iii) Is enrolled
			 in an educational institution and pursuing a course of study leading to a
			 diploma, degree, or other certification of successful educational
			 completion;
(iv) Is undergoing
			 substance abuse treatment or is participating in meetings in a twelve-step
			 group such as Alcoholics Anonymous that requires the person to drive to or from
			 the treatment or meetings;
(v) Is
			 fulfilling court-ordered community service responsibilities;
(vi) Is in a program that assists persons who
			 are enrolled in a WorkFirst program pursuant to
			 chapter
			 74.08A RCW to become
			 gainfully employed and the program requires a driver's license;
(vii) Is in an apprenticeship, on-the-job
			 training, or welfare-to-work program; or
(viii) Presents evidence that he or she has
			 applied for a position in an apprenticeship or on-the-job training program for
			 which a driver's license is required to begin the program.