Purpose: WAC 139-05-242 Readmission to basic law enforcement academy, peace officer certification and subsequent changes to RCW 43.101.010 became effective January 1, 2002. Some of the changes directly affected the conditions under which a recruit, who was dismissed from the Basic Law Enforcement Academy, could be readmitted to that or future academy sessions. Portions of WAC 139-05-242 are in conflict with the more recent RCW.

     Statutory Authority for Adoption: RCW 43.101.080.

      Adopted under notice filed as WSR 04-14-078 on July 6, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: September 8, 2004.

Sharon M. Tolton

Deputy Director

OTS-7228.1

AMENDATORY SECTION(Amending WSR 00-17-017, filed 8/4/00, effective 9/4/00)

WAC 139-05-242   Readmission to basic law enforcement academy.   No person may be readmitted to the basic law enforcement training academy except as provided in this section.

     (1) Any request for readmission to any academy shall be made and submitted by the individual's employing or sponsoring agency.

     (2) Any individual terminated from any academy for academic failure or who has voluntarily withdrawn from any academy for any reason, may be readmitted to a subsequent academy session only if:

     (a) The head of the individual's current employing agency submits to the commission a written request for readmission of the individual to the academy program, and

     (b) The executive director of the commission, or his or her designee, is satisfied that any conditions to the individual's readmission specified by the director or his or her designee have been met.

     (3) Any individual dismissed from any academy for disciplinary reasons other than those specified by ((section)) subsection (4)((, below)) of this section, may be readmitted to a subsequent academy program only if:

     (a) The head of the individual's current employing agency submits to the commission a written request for readmission, and

     (b) The executive director of the commission, or his or her designee, is satisfied that any conditions to the individual's readmission specified by the director or his or her designee have been met, and determines there no longer exists "good cause" to exclude the individual from the academy program.

     (4) Any person dismissed from any academy for an integrity violation, including but not limited to cheating, ((the making of materially false statements,)) or the commission of a crime, or other violations not constituting disqualifying misconduct as defined in RCW 43.101.010(7), shall not be eligible for readmission to any subsequent academy within twenty-four months from the date of dismissal. Such ineligibility shall not be affected by any new employment or reemployment during the period of ineligibility specified in the preceding sentence of this subsection.

     (5) ((An exception to the ineligibility period specified in subsection (4) may be granted at the sole discretion of the director, based upon mitigating circumstances. However, no person may be considered for such early readmission after an integrity violation dismissal unless a written request is made on his or her behalf by the head of the agency employing the individual at the time of the request. Such request may be granted by the director upon hearing the matter in a proceeding conducted in accordance with the applicable procedures of the commission. The director's decision under this subsection shall be subject to further review only for abuse of discretion.

     (6))) After the ineligibility period specified in subsection (4) of this section has passed, ((or after an exception thereto has been granted by the commission under subsection (5),)) the person previously dismissed for an integrity violation may be readmitted to a subsequent academy session only if:

     (a) The head of the individual's current employing agency submits to the commission a written request for readmission, and

     (b) The executive director of the commission, or his or her designee, is satisfied that any conditions to the individual's readmission specified by the director or his or her designee have been met, and determines there no longer exists "good cause" to exclude the individual from the academy program.

     (((7) Any and all information deemed to be relevant to the eligibility for readmission under this section of any law enforcement recruit or prospective recruit may be disseminated without restriction between the commission staff and any employer or prospective employer.

     (8))) (6) For purposes of this section, reserves and volunteers will be deemed to be employees of the agencies which sponsor them for participation in a training academy.

[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-05-242, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 93-13-103, § 139-05-242, filed 6/21/93, effective 7/22/93.]

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