Administrative Rule Review Report   #AR09-008

Legislative Service Office

22-Jan-09

AGENCY: Department of Transportation

DATE SUBMITTED: January 16, 2009.

SUBJECT: Chapter 1, Driver's Licenses.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 24-2-105, 31-7-103, 31-7-305, 31-7-310 and 31-7-401.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:

Apparently complete to date.  After issuing its notice of intent to adopt rules, the agency received no comments.

SUMMARY OF RULES:

The Wyoming Department of Transportation's rules regarding driver's licenses were amended to update provisions relating to false documents, fraud and third party examinations.  The revised rules adopt new definitions related to fraudulent documents, provide for the seizure and retention of fraudulent documents, prohibit license extension applications from being mailed to persons with an intermediate permit, provide for the special treatment of active duty military personnel when filing for license extensions, change the standards for vision screening, adopt new standards for the qualification of third-party license examiners and truck driver trainers, allow the issuance of probationary licenses only upon the payment of all fees and establish a one year minimum for the expiration of an ignition interlock restricted license for driver's with a revoked license.   The new rules also make non-substantive changes to update the various rules according to current standards and language.

FINDINGS:

The rules appear to be within the scope of statutory authority and legislative intent.

Chapter 1, section 4 requires license applicants to present legal identification and complete an application.  The revised rules require the Department of Transportation to seize any document suspected by a trained examiner to be false.  If a law enforcement agency or the Driver Services fraud unit determines that the documents are false, then the new rules require that the document be retained and not returned.   This provision raises some concerns regarding the deprivation of property without due process.  The rules do not provide for any hearing or for any review of a decision to permanently seize a document.  The rules are, however, consistent with W.S. 6-3-615, passed into law in 2007, which requires that officials seize fraudulent documents.

TECHNICAL NOTE FOR AGENCY CONSIDERATION:

During the past legislative session, the Wyoming Legislature passed Senate File 88, Enrolled Act No. 84.  This act makes a number of substantive changes to Wyoming's law regarding ignition interlock restricted licenses.  The Department's rules will need to be amended in the near future to reflect the new requirements contained in the new law.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Ian Shaw

Staff Attorney

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Lynda Cook

                                                                        Staff Attorney

IDS/