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WSR 12-21-137 Washington State Register, Issue 12-21<br />

fits package in nongrandfathered individual and small group<br />

plans for plans with coverage beginning January 1, 2014.<br />

Reasons Supporting Proposal: RCW 48.43.715 directs<br />

the commissioner to designate by rule the small group plan<br />

with the largest enrollment as the benchmark plan for purposes<br />

of defining the essential health benefits package for<br />

nongrandfathered individual and small group health benefit<br />

plans issued on or after January 1, 2014. The same legislation<br />

requires supplementation, and adjustment or establishment<br />

of scope and limitation requirements by the commissioner<br />

in order to ensure meaningful benefits and prevent bias<br />

based on health selection. Carriers require specific guidance<br />

in order to prepare plan filings for the commissioner's review<br />

prior to health benefit exchange deadlines, and to ensure time<br />

to satisfy plan replacement requirements.<br />

Statutory Authority for Adoption: RCW 48.02.060,<br />

48.21.241, 48.21.320, 48.43.715, 48.44.460, 48.44.341,<br />

48.46.291, 48.46.530.<br />

Statute Being Implemented: RCW 48.43.715.<br />

Rule is necessary because of federal law, P.L. 111-148,<br />

§1302.<br />

Name of Proponent: Office of the insurance commissioner,<br />

governmental.<br />

Name of Agency Personnel Responsible for Drafting:<br />

Meg Jones, P.O. Box 40258, Olympia, WA 98504, (360)<br />

725-7170; Implementation: Beth Berendt, P.O. Box 40258,<br />

Olympia, WA 98504, (360) 725-7117; and Enforcement:<br />

Carol Sureau, P.O. Box 40258, Olympia, WA 98504, (360)<br />

725-7050.<br />

No small business economic impact statement has been<br />

prepared under chapter 19.85 RCW. The entities that must<br />

comply with the proposed rule are not small businesses, pursuant<br />

to chapter 19.85 RCW.<br />

A cost-benefit analysis is required under RCW 34.05.-<br />

328. A preliminary cost-benefit analysis may be obtained by<br />

contacting Meg Jones, P.O. Box 40258, Olympia, WA<br />

98504, phone (360) 725-7170, fax (360) 586-3109, e-mail<br />

rulescoordinator@oic.wa.gov.<br />

October 24, 2012<br />

Mike Kreidler<br />

Insurance Commissioner<br />

Reviser's note: The material contained in this filing exceeded the<br />

page-count limitations of WAC 1-21-040 for appearance in this issue of the<br />

Register. It will appear in the 12-22 issue of the Register.<br />

WSR 12-21-137<br />

PROPOSED RULES<br />

DEPARTMENT OF LICENSING<br />

[Filed October 24, 2012, 10:58 a.m.]<br />

Original Notice.<br />

Preproposal statement of inquiry was filed as WSR 12-<br />

16-029.<br />

Title of Rule and Other Identifying Information: Independent<br />

vehicle dealer education, chapter 308-66 WAC,<br />

Independent vehicle dealer education, to be added as a new<br />

section.<br />

Hearing Location(s): Department of Licensing (DOL),<br />

405 Black Lake Boulevard, Building #2, Conference Room<br />

<strong>Proposed</strong> [ 186 ]<br />

#2105, Olympia, WA 98502, on November 28, 2012, at 2:00<br />

p.m.<br />

Date of Intended Adoption: November 29, 2012.<br />

Submit Written Comments to: Kim Zuchlewski, P.O.<br />

Box 9039, Olympia, WA 98507, e-mail kzuchlewsk@<br />

dol.wa.gov, fax (360) 586-6703, by November 21, 2012.<br />

Assistance for Persons with Disabilities: Contact Lewis<br />

Dennie by November 21, 2012, TTY (360) 664-0116 or<br />

(360) 664-6458.<br />

Purpose of the Proposal and Its Anticipated Effects,<br />

Including Any Changes in Existing Rules: Add new set of<br />

rules, chapter 308-66 WAC, to clarify RCW 46.70.079 where<br />

currently no rule exists. The agency and stakeholders have<br />

established minimum requirements in areas such as education<br />

provider experience. The department's authority over development,<br />

maintenance and monitoring of curriculum and testing,<br />

and the management of multiple education providers.<br />

The need for rule exists due to more than one organization<br />

that may qualify to provide dealer training.<br />

Reasons Supporting Proposal: Statute lacks clarity and<br />

the rule clarifies DOL's authority over education providers<br />

and curriculum content.<br />

Statutory Authority for Adoption: RCW 46.70.160.<br />

Statute Being Implemented: RCW 46.70.079.<br />

Rule is not necessitated by federal law, federal or state<br />

court decision.<br />

Name of Proponent: DOL, business and professions<br />

division, dealer and manufacturer services, governmental.<br />

Name of Agency Personnel Responsible for Drafting,<br />

Implementation and Enforcement: David Walker, 405 Black<br />

Lake Boulevard S.W., Olympia, WA 98502, (360) 664-6451.<br />

No small business economic impact statement has been<br />

prepared under chapter 19.85 RCW. This proposed rule will<br />

not impose any minor costs on the affected businesses per<br />

RCW 19.85.030 (1)(a).<br />

A cost-benefit analysis is not required under RCW<br />

34.05.328. DOL is exempt from the provisions of this law.<br />

DOL is not a named agency in RCW 34.05.328 (5)(a)(i).<br />

October 24, 2012<br />

Damon Monroe<br />

Rules Coordinator<br />

NEW SECTION<br />

WAC 308-66-270 Vehicle industry organization—<br />

Definition. The term "vehicle industry organization" means a<br />

dues-based business representing the interests of Washington<br />

state vehicle dealers that is licensed or registered to conduct<br />

business in Washington.<br />

NEW SECTION<br />

WAC 308-66-280 Course and education provider<br />

approval required. (1) Education providers must:<br />

(a) Meet the definition of a vehicle industry organization;<br />

(b) Submit a vehicle dealer course curriculum to the<br />

department for approval; and<br />

(c) Have the course approved by the department prior to<br />

the date the course is offered for education credit.

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