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PDFWAC 308-10A-901

Authorization to request a driving abstract.

(1) When the subject of a driver's abstract must authorize the release of the abstract under RCW 46.52.130, the party requesting the driver's abstract under the terms of a data sharing agreement may use the department's release form, or its own version of the release form provided it contains the information required by federal and state law, and the department. The party requesting the driver's abstract under the terms of a data sharing agreement must verify that its release form is consistent with federal and state law, and department requirements.
(2) If a recipient or subrecipient uses its own version of the release form, the form must not bear the department logo or otherwise indicate it is an official Washington state document.
(3) The release form may be signed in ink or electronically.
(4) A release form must:
(a) Include the name and signature of the person whose record is being requested, or the name and signature of their authorized legal representative.
(b) Include the date the signature was made.
(c) Be signed by the employer or volunteer organization, attesting to:
(i) For employment/prospective employment, driving is a condition of employment or otherwise at the direction of the employer, or the employee or prospective employee handles or will be handling heavy equipment or machinery.
(ii) For volunteering, the information is necessary for purposes related to driving by the individual at the direction of the volunteer organization.
(iii) For employee/prospective employee releases.
(A) Include a statement that any information contained in the abstract related to an adjudication that is subject to a court order sealing the juvenile record of an employee or prospective employee may not be used by the employer or prospective employer, or an agent authorized to obtain this information on their behalf, unless required by federal regulation or law; and
(B) Provide instructions for how someone can demonstrate that an adjudication contained in the abstract is subject to a court order sealing the juvenile record.
(I) The name(s) of the agent(s) authorized to obtain the information on the requestor's behalf.
(II) Include information on where to send the form after it is properly executed.
(5) When the subject of a driver's abstract must authorize the release of the abstract under RCW 46.52.130, the party requesting the driver's abstract under the terms of a data sharing agreement must retain the signed release form for at least six years.
(6) The signed release form may be used for employment or volunteering purposes during the period the subject of the driver's abstract is under continuous employment or volunteering. The employer or volunteering organization must process a new release form for the subject of the driver's abstract when there is a break in continuous employment or volunteering.
(7) For the purposes of prospective employment or volunteering, the release form and the driving record must be disposed of after six months from the date the record was obtained, or as otherwise required by law, if the subject of the driver's abstract is not placed into a position with the employer or volunteer organization that involves driving as a function of the position.
[Statutory Authority: RCW 46.01.110. WSR 23-19-010, ยง 308-10A-901, filed 9/7/23, effective 10/8/23.]
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