wa-26-21-101: Licensing, Department of — WSR 26-21-101

WSR 26-21-101 (26-21)WSR 26-21-101PROPOSED RULESDEPARTMENT OF LICENSING[Filed October 21, 2026, 11:15 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 25-15-156.Title of Rule and Other Identifying Information: Creation of a new chapter within Title 308 WAC concerning driver education financial assistance.Hearing Location(s): On November 24, 2026, at 10:00 a.m., via Zoom meeting at https://us06web.zoom.us/j/86763091125?pwd=pOpTJVOSc1ZNF3H2jBKevhvK5vXaGJ.1, Meeting ID 867 6309 1125, Passcode 415713; or call in (audio only) 1-253-215-8782 (Tacoma), 1-253-205-0468 (United States, Tacoma), Phone Conference ID 86763091125#, Passcode *415713#; or in person at 1125 Washington Street S.E., Olympia, WA 98504.Please note that there is both an in-person and a virtual option. If you are not able to sign in using Teams [Zoom], your only option may be phone. Please plan on attending in person if the call-in option is not a preferred method of participating.Date of Intended Adoption: November 25, 2026.Submit Written Comments to: Colton Myers, 1125 Washington Street S.E., Olympia, WA 98504, web dol.wa.gov/about/rulemaking-activity, email rulescoordinator@dol.wa.gov, by November 24, 2026.Assistance for Persons with Disabilities: Contact Colton Myers, phone 564-464-5716, email rulescoordinator@dol.wa.gov, by November 17, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule will establish the department of licensing's (DOL) driver training voucher assistance program, as statutorily required under ESHB 1878, concerning young driver safety. It will include student eligibility requirements, provider agreement standards, and reimbursement policies. Reasons Supporting Proposal: This rule will expand access to driver training education by providing financial assistance for those who meet eligibility requirements established under the driver training voucher assistance program to provide financial assistance, per the requirements of ESHB 1878, passed during the 2025 legislative session. Statutory Authority for Adoption: RCW 46.01.110 Rule-making authority, and 46.82.290 Administration of chapter—Adoption of rules.Statute Being Implemented: ESHB 1878, including RCW 46.82.480.Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: DOL, governmental.Name of Agency Personnel Responsible for Drafting: Cara Jockumsen, 1125 Washington Street S.E., Olympia, WA 98504; Implementation and Enforcement: Dan Cooke, 1125 Washington Street S.E., Olympia, WA 98504, 360-902-3826.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328. The establishment of the voucher program is statutorily required under ESHB 1878. The legislature enabled DOL to adopt rules for determining eligibility criteria, application and award procedures, and other necessary rules for operation of the voucher program. DOL will be responsible for administering the voucher program. Participation in the financial assistance (voucher) program is entirely voluntary. Driver training schools may choose at their own discretion whether to participate and accept a prospective voucher student. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.Scope of exemption for rule proposal:Is fully exempt.The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The voucher program, as statutorily required under ESHB 1878, is established and administered by DOL and does not impose substantive costs on schools. DOL will be responsible for awarding and administering vouchers to prospective applicants. Driver training schools are encouraged to participate and accept students who receive a voucher from DOL, though are not required. October 20, 2026Molly VorisLegislative and Policy DirectorRDS-7503.1Chapter 308-104A WACDRIVER EDUCATION FINANCIAL ASSISTANCENEW SECTIONWAC 308-104A-001Driver education financial assistance voucher program.Pursuant to the provisions of RCW 46.82.480, the voucher program provides financial assistance to qualifying applicants to offset the cost of certain driver education courses required for people over 15 years of age but under 25 years of age. NEW SECTIONWAC 308-104A-005Definitions.(1) "Applicant" means an individual who is required to attend a driver education program defined in RCW 28A.220.020 and chapter 46.82 RCW, who is seeking to obtain or maintain a valid Washington state driver's license, and is applying to the department for financial aid to complete their required driver education.(2) "Award" means an eligible applicant has been selected by the department to receive a voucher to offset the cost of driver education.(3) "Cancellation" means an applicant's awarded voucher is no longer valid and cannot be redeemed by the applicant or a participating provider driver training school.(4) "Driver education" means the driver training education courses defined in RCW 28A.220.020 and chapter 46.82 RCW and offered by a participating provider driver training school.(5) "Expired" means an awarded voucher is not redeemed within the required period provided by the department.(6) "Federal poverty level (FPL)" is the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. § 9902(2). These guidelines are used to determine individuals' and families' financial eligibility for certain programs.(7) "Fraudulent" means false information knowingly submitted to the department by an applicant or by another person known to the applicant on their behalf for the purposes of being awarded or redeeming financial aid from the voucher program.(8) "Ineligible" means applicants who do not meet the qualifications for a voucher in subsection (1) of this section.(9) "Household monthly income" means salary, wages, interest, dividends, and other earnings which are reportable for federal income tax purposes, and cash payments such as reimbursements received from pensions, annuities, and social security contribution received from any family member or other person who is domiciled in the same residence as the applicant and who is helping to defray the applicant's basic living costs.(10) "Participating provider" means a business licensed and contracted with the department to provider driver training education to applicants who have been awarded a voucher.(11) "Redeem" means to enroll in a driver education course offered by a participating provider.(12) "Resident" means a person who lives or resides in Washington state on more than a temporary or transient basis.(13) "Required course" means any course an applicant must successfully complete to obtain a driver's license, and the required courses applicants must successfully complete to maintain a valid driver's license. This does not include education required due to a moving violation being added to the driver's record with the department.(14) "Voucher distribution" means the percentage of total vouchers allocated to a geographical region, group, or population in Washington state based on criteria set forth in WAC 308-104A-010.NEW SECTIONWAC 308-104A-010Eligibility requirements for driver education financial assistance voucher program.(1) To be eligible for the financial assistance voucher program to offset the cost of driver education, an applicant cannot have previously received financial assistance for driver education for foster youth under RCW 74.13.338, 49.04.290, or through this voucher program, and must be:(a) A resident of Washington state;(b) Older than 15 years of age but younger than 25 years of age;(c) Required to complete a driver education course under chapter 46.20 RCW; and(d) Reside in a household where the monthly income is at or below 200 percent of the federal poverty level.(2) The department may require applicants to submit income verification during or up to two years after an applicant has been awarded. Income verification may include:(a) Tax filings or returns;(b) Pay stubs;(c) Bank statements; or(d) A combination of (a) through (c) of this subsection, or any other proof of income documentation, reviewed and approved by the department to serve as income verification, such as government assistance notifications or other supplemental sources.(3) Eligibility to receive financial assistance does not create an entitlement to receive a driver education voucher. Driver education vouchers are awarded in accordance with RCW 46.82.480 and WAC 308-104A-015.(4) The department will notify an applicant of their eligibility determination prior to awarding vouchers for the month following the applicant's submittal.(5) An applicant must apply by the final day of the month to be considered for the following month's financial assistance voucher awards.(6) In the event that an individual is determined eligible but is not awarded a voucher the month following their application submittal, the department will have their applications automatically resubmitted for the following two months.(a) The department will not accept more than one application for the same individual within the two months following their initial application being submitted.(b) Applicants rejected as ineligible must wait until the following month to reapply.(c) Applicants rejected based on incomplete information or incorrect information can reapply the next month.(7) Eligible applications expire three months after their submittal.(a) Eligible applicants will be notified when their application expires.(b) Applicants notified that their application has expired may reapply.NEW SECTIONWAC 308-104A-015Awarding financial assistance vouchers for driver education.The department will use the following criteria to determine voucher distribution:(1) Community-level economic factors;(2) Community-level mobility needs;(3) Community-level youth (15-24 years old) population ration;(4) Community-level public school enrollment; and(5) Community-level tribal youth (15-24 years old) population.NEW SECTIONWAC 308-104A-020Voucher amount for qualifying courses.The following table reflects the established voucher amount for each required course:Qualifying Course Name:Amount of Voucher:Driver training education course$450NEW SECTIONWAC 308-104A-025Redeem driver education voucher.(1) Awarded applicants must choose and enroll with a participating provider driver training school to redeem their voucher.(2) Vouchers will be canceled 30 days after a voucher is awarded if:(a) An applicant has not enrolled with a participating provider driver training school and been changed to "enrolled" status by the driver training school;(b) The department has requested income verification, and the applicant has not provided the income verification;(c) The applicant requested an extension for use of the voucher and the extension expired without the applicant enrolling in a participating provider driver training school; or(d) If the department has no indication that the applicant has taken any action to redeem the voucher.(3) If the department cancels a voucher, the applicant will not be eligible to reapply for a voucher unless:(a) They submit a request to the department; and(b) Provide a substantiated reason for missing their opportunity to use the voucher.NEW SECTIONWAC 308-104A-030Voucher expiration.(1) A voucher will expire six months after it is awarded if:(a) The applicant has not completed the driver education course they enrolled in;(b) The applicant has not provided required income verification requested by the department; or(c) The applicant does not have an approved extension to complete the driver education course under WAC 308-104A-035.(2) If a voucher expires, the applicant will not be eligible to reapply for a voucher unless:(a) They submit a request to the department; and(b) Provide a substantiated reason for missing their opportunity to use the voucher.NEW SECTIONWAC 308-104A-035Voucher award extension.(1) A voucher will expire 180 days after it has been awarded unless an extension is requested by a participating provider driver training school or by the applicant, or an applicant's parent, guardian, spouse, or a person with legal authorization to act on the applicant's behalf.(2) A voucher award can be extended for the following reasons:(a) Technology outages;(b) A natural disaster;(c) State of emergency;(d) Family emergency;(e) Personal illness;(f) Illness of a family member, including any dependents.(3) A voucher award can be extended to make up missed classes or to delay enrollment in a driver education program.(4) Nothing in this section prohibits the department from extending an applicant due to a driver training school's inability to complete a course within 180 days.NEW SECTIONWAC 308-104A-040Fraudulent applications.(1) If an applicant submits a fraudulent application, they are no longer eligible to receive financial assistance from the voucher program.(2) If the department has reason to suspect an application is fraudulent, the department may request income verification, identity verification, or other material evidence the applicant attested to on their financial aid application.(3) The department will notify an applicant if they are suspected of submitting a fraudulent application and give the applicant an opportunity to provide evidence that their application was not fraudulent.NEW SECTIONWAC 308-104A-045Voucher application data privacy.All recipient income data collected by the department of licensing as part of the voucher program is exempt from disclosure under chapter 42.56 RCW.(1) Participating provider driver training schools are required to safeguard customer data and not disclose a student's participation in the voucher program to other students or student friends and family members, without written consent provided by an individual voucher recipient.(2) The department will minimize any collection or retention of financial information provided by applicants, to the fullest extent authorized by law.(3) The department will notify applicants of any unauthorized disclosure of their financial data.(4) Participating provider driver training schools will notify the department and an applicant of any unauthorized disclosure of an applicant's data.NEW SECTIONWAC 308-104A-050Voucher transfer.(1) A voucher can only be redeemed with one participating provider.(2) Requests for voucher transfers must be submitted prior to the beginning of the first lesson.(3) Applicants must notify the department and the driver training school they are enrolled in to request a transfer.(4) Nothing in this section prohibits the department from initiating a transfer of a voucher due to extenuating circumstances.