As used in this chapter, unless the context requires otherwise, the term:

(1) "Agreement" means a written agreement entered into between the department and a school for the purposes of RCW 46.82.450.

(2) "Applicant" means a person taking an examination administered by an examiner to qualify for a Washington driver's license.

(3) "Examinations" mean the tests that meet the department's criteria to assess an applicant's knowledge and skills to operate a motor vehicle.

(4) "Examiner" means a driver training instructor licensed under chapter 46.82 RCW, who has been approved by the department as meeting department qualifications, education, and training standards for administering examinations.

(5) "Knowledge test" means a written or electronically delivered test that measures the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle.

(6) "School" means a driver training school licensed under chapter 46.82 RCW.

(7) "Skills test" means a demonstration of behind-the-wheel driving that measures the applicant's ability to safely operate a motor vehicle on the roadways without endangering the public or property.

The department may enter into an agreement to conduct examinations with a school that:

(1) Is currently licensed under chapter 46.82 RCW to provide driver training instruction;

(2) Complies with chapters 18.235 and 46.82 RCW and regulations adopted under those chapters;

(3) Has submitted a request to enter into an agreement on a form or in a format prescribed by the department; and

(4) Has provided to the department:

(a) A list of examiners the school intends to use to administer examinations;

(b) A description of the school's examination practices that includes, but may not be limited to, a school's skills test route(s) and test starting point(s);

(c) A summary of the school's schedule for administering examinations;

(d) A school's knowledge test questions; and

(e) Any other information as may be required by the department.

(1) Schools and examiners must conduct skills tests using routes that meet department standards.

(2) Knowledge test questions must be supplied by the department or meet department criteria.

(3) Knowledge tests must be conducted in an area separate from classroom instruction or when a class is not in session, minimizing distractions or interactions.

(4) Examinations must be conducted by examiners.

(5) Knowledge test results may be used to obtain a driver license for no more than two years from the date of completion.

(6) Skills test results may be used to obtain a driver license for no more than one year from the date of completion.

(7) In accordance with the department's guidelines, schools must refer to the department for testing any applicant who has a condition that may impair their ability to operate a motor vehicle safely.

(8) Prior to administering the knowledge and skills tests, schools will ensure that applicants are properly informed regarding testing requirements and their test results. Schools must also inform applicants of the school's current retesting, refund, and grievance policies and procedures.

(9) Prior to administering the knowledge exam, schools must ensure the applicants are at least 15 1/2 years old; or 15 years old and have successfully completed a traffic safety education course.

(10) Prior to administering the skills exam, schools must ensure that applicants are at least 15 years of age. When the applicant is less than 18 years of age, the applicant must have successfully completed a traffic safety education course.

(11) Applicants must possess one of the following to participate in the skills testing portion of the examination:

(a) A Washington instruction permit issued under RCW 46.20.055;

(b) A temporary authorization to drive issued on a form prescribed by the department; or

(c) A valid foreign driver's license.

(1) Schools must keep applicant records for at least three years. Applicant records must be kept at a school's primary place of business. Records must be immediately available for inspection or audit by the department or its representative.

(2) Schools must keep applicant records on a form or in a format approved by the department. The form must include at least the:

(a) Applicant name, date of birth, and driver's license or instruction permit number;

(b) Knowledge and skill test results;

(c) Examiner's name(s), instructor license number(s), and signature(s);

(d) Dates and times the examinations were administered to the applicant; and

(e) Other information required by the department.

(3) Schools must submit to the department the knowledge and skills test results for each applicant in accordance with the school's agreement with the department.

(4) The department will monitor outcomes for applicants who take a driver's license examination and will make aggregate outcomes available to the public.

The department or its representative may conduct examinations, inspections, and audits of school and applicant records, facilities, and operations at any time during regular business hours in order to ensure compliance with the requirements of chapter 46.82 RCW, the rules promulgated under this chapter, and the agreement.

(1) Schools and examiners are responsible for complying with the requirements of chapters 46.82 and 18.235 RCW and the rules promulgated under those chapters.

(2) If the department finds that an examiner or school has violated or no longer meets the qualifications or requirements of chapters 46.82 and 18.235 RCW, the rules promulgated under those chapters, or the agreement; the department may either (a) rescind approval of an examiner to conduct examinations, (b) terminate or suspend for any period of time an agreement with a school, or both.