WSR 99-03-081

PROPOSED RULES

WASHINGTON STATE PATROL

[Filed January 20, 1999, 8:47 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-24-086.

Title of Rule: WAC 446-20-600 Fees.

Purpose: This amendment allows the state patrol to accept credit card payments for electronic background check requests and adds taking inked fingerprints as a service the state patrol will provide for a nonrefundable fee of ten dollars.

Statutory Authority for Adoption: RCW 43.43.742 through 43.43.845 and chapter 10.97 RCW.

Summary: The amendment adds taking inked fingerprint impressions as a service provided by the state patrol for a nonrefundable fee of ten dollars. It also allows credit card payments for electronic background check requests.

Reasons Supporting Proposal: The ten dollar fee will off-set costs incurred by the state patrol for processing inked fingerprint impressions. Additionally, accepting credit card payments will expedite the processing of electronic requests.

Name of Agency Personnel Responsible for Drafting and Implementation: Ms. Toni Korneder, P.O. Box 42633, (360) 705-5101; and Enforcement: Captain John Broome, P.O. Box 42619, (360) 705-5350.

Name of Proponent: Washington State Patrol, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: As part of the state patrol's quality initiative, the state patrol will improve customer service by providing an added service of taking inked fingerprints at the Criminal Records Division Office. The ten dollar fee will off-set costs incurred by the state patrol for processing inked fingerprint impressions.

As an additional customer service improvement, the state patrol will expedite request processing by accepting credit card payments for electronic request.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Commercial Vehicle Division Conference Room, Ground Floor, General Administration Building, Olympia, Washington, on February 23, 1999, at 9 a.m.

Assistance for Persons with Disabilities: Contact Ms. Kendra Hensley by February 16, 1999, (360) 753-0678.

Submit Written Comments to: Ms. Toni Korneder, P.O. Box 42633, Olympia, WA 98504-2633, fax (360) 664-9461, by February 16, 1999.

Date of Intended Adoption: February 23, 1999.

January 19, 1999

Annette M. Sandberg

Chief

OTS-2517.2

AMENDATORY SECTION (Amending WSR 96-18-017, filed 8/26/96, effective 9/26/96)



WAC 446-20-600  Fees. (1) A nonrefundable fee of ten dollars shall accompany each request for conviction records submitted for a name and date of birth background check or a twenty-five dollar fee if the request is submitted by fingerprint card at the state level pursuant to RCW 43.43.830 through 43.43.845, and chapter 10.97 RCW unless through prior arrangement, an account is authorized and established.

(2) A nonrefundable FBI fee of twenty-four dollars shall be charged for fingerprint cards submitted for federal searches. It shall be the responsibility of the Washington state patrol to collect all fees due and forward fingerprint cards and fees to the FBI.

(3) A nonrefundable fee of ten dollars shall be charged for taking inked fingerprint impressions by the Washington state patrol. Fees are to be deposited in the Washington state patrol fingerprint identification account.

(4) All fees are to be made payable to the Washington state patrol and are to be remitted by cashier's check, money order or check written on a business account. Credit cards may be used only for payment of electronic requests. The Washington state patrol identification and criminal history section shall adjust the fee schedule as may be practicable to ensure that direct and indirect costs associated with the provisions of these chapters are recovered.

(((4))) (5) Pursuant to the provisions of RCW 43.43.838 and chapter 28A.410 RCW, no fees will be charged to a nonprofit organization, or volunteers in school districts and educational service districts for background checks.



[Statutory Authority: RCW 43.43.830 - [43.43.]845, chapters 10.97, 28A.400 and 74.15 RCW. 96-18-017, 446-20-600, filed 8/26/96, effective 9/26/96.]

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