(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.
(5) The person's official driving
record provided to the hearing officer by the department shall be prima facie
evidence of the issues contained in subsection (4)(a) through (d) of this
section unless the person presents clear and convincing evidence to the
contrary.
(6) The person shall have
the burden of proving that he or she meets one or more of the qualifying
circumstances described in subsection (4)(e) of this section that makes it
essential to operate a motor vehicle.
(7) In the event that the person fails to
appear for the hearing, no hearing shall be held. The case shall be remanded to
the department and the department's previous decision denying the
occupational/temporary restricted driver's license shall be affirmed.
