WSR 05-03-036

PROPOSED RULES

WASHINGTON STATE PATROL


[ Filed January 10, 2005, 3:16 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-19-003.

Title of Rule and Other Identifying Information: Amendment to WAC 446-20-610 Superintendent of public instruction -- Prospective educational employees -- Fees.

Hearing Location(s): Washington State Patrol, Criminal Records Division, 3000 Pacific Avenue, Suite 202, Olympia, WA 98504-2619, on February 23, 2005, at 9:00 a.m.

Date of Intended Adoption: March 22, 2005.

Submit Written Comments to: Mr. Benjamin Carruth, P.O. Box 42633, Olympia, WA 98504-2633, e-mail Benjamin.Carruth@wsp.wa.gov, fax (360) 570-5274, by February 22, 2005.

Assistance for Persons with Disabilities: Contact Mr. Benjamin Carruth by February 22, 2005, (360) 570-5230.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Propose to increase the background check fees charged to school district employees, certifications, and contractual employees to coincide with an amendment proposal for WAC 446-20-600 Fees. This amendment will also increase the amount reimbursed to the Office of the Superintendent of Public Instruction from $10.00 to $11.00.

Reasons Supporting Proposal: The last fee study for background checks was conducted in 1993. Since then, the costs associated with conducting background checks have increased. The ways to obtain criminal history have expanded from mailed inquiries to include walk-in customers and internet access.

Statutory Authority for Adoption: RCW 43.43.830 - 43.43.845.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent:

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mr. Benjamin Carruth, P.O. Box 42633, Olympia, WA 98504-2633, (360) 570-5230.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The fee changes will not impose more than minor costs on small businesses.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Mr. Benjamin Carruth, P.O. Box 42633, Olympia, WA 98504-2633, phone (360) 570-5230, fax (360) 570-5274, e-mail Benjamin.Carruth@wsp.wa.gov.

January 10, 2005

Lowell Porter

Chief

OTS-7633.1


AMENDATORY SECTION(Amending WSR 98-19-039, filed 9/11/98, effective 10/12/98)

WAC 446-20-610   Superintendent of public instruction -- Prospective educational employees -- Fees.   (1) In addition to the state search, an FBI search is required for requests submitted under chapter 28A.410 RCW. ((Two)) One fingerprint card((s are)) is required to be submitted to the Washington state patrol identification and criminal history section.

(2) Appropriate nonrefundable fees are to be charged and made payable to the Washington state patrol for searches conducted under chapter 28A.410 RCW as follows:

(a) The fee for the state search is ((fifteen)) twenty dollars for school district employees.

(b) The fee for the state search is ((twenty-five)) thirty dollars for persons applying for their certification or for contractual employees.

(c) The fee for the FBI search is twenty-four dollars.

(d) In addition, ((a ten-dollar)) an eleven-dollar processing fee will be charged for each fingerprint background check processed under chapter 28A.410 RCW. The Washington state patrol will reimburse the superintendent of public instruction ((ten)) eleven dollars for each fingerprint background check processed under this chapter for applicants who are certificated, contractual or classified.

(3) Prospective employees hired by the superintendent of public instruction, educational service districts, school districts and/or their contractors shall pay the appropriate fees for state and federal fingerprint checks conducted under chapter 28A.410 RCW.

(4) Fees are to be deposited in the Washington state patrol fingerprint identification account.

[Statutory Authority: RCW 43.43.830 - [43.43.]845 and 1998 c 346. 98-19-039, 446-20-610, filed 9/11/98, effective 10/12/98. Statutory Authority: RCW 43.43.830 - [43.43.]845, chapters 10.97, 28A.400 and 74.15 RCW. 96-18-017, 446-20-610, filed 8/26/96, effective 9/26/96.]

Washington State Code Reviser's Office