WSR 08-20-010

PERMANENT RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[ Filed September 18, 2008, 11:44 a.m. , effective October 19, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To change WAC 139-05-210 for clarification and to set standards for officers to attend the equivalency academy who are not mandated to attend. To limit those officers who can attend the equivalency academy who have had a break in law enforcement service to between two years and five years. A break in service as a law enforcement officer in excess of five years will require more training that [than] the two week equivalency academy.

Statutory Authority for Adoption: RCW 43.101.080 and [43.101].085.

Adopted under notice filed as WSR 08-12-007 on May 27, 2008.

Date Adopted: September 10, 2008.

Cheryl A. Price

Public Records Officer

OTS-1390.2


AMENDATORY SECTION(Amending WSR 05-20-029, filed 9/28/05, effective 10/29/05)

WAC 139-05-210   Basic law enforcement certificate of equivalency.   (1) A certificate of completion of equivalent basic law enforcement training is issued to applicants who successfully complete the equivalency process as required by the commission. For this purpose, the term "process" includes all documentation and prerequisites set forth in subsection (6) of this section and successful completion of all knowledge and skills requirements within the equivalency academy. ((A certificate of completion of equivalent basic law enforcement training is recognized in the same manner as the certificate of completion of the basic law enforcement academy.))

(2) Participation in the equivalency process is limited to:

(a) Fully commissioned ((law enforcement)) peace officers of a city, county, or political subdivision of the state of Washington, who otherwise are eligible to attend the basic law enforcement academy ((and)); or

(b) Fully commissioned peace officers who have attained commissioned law enforcement status by completing a basic training program in this or another state. For this purpose, the term "basic training program" does not include any military or reserve training program or any federal training program not otherwise approved by the commission; or

(c) Persons who have not attained commissioned peace officer status but have successfully completed a basic law enforcement academy recognized as a full equivalent to the Washington state basic law enforcement academy by the commission and within twelve months of the date of completion been made a conditional offer of employment as a fully commissioned peace officer in Washington state; or

(d) Persons whose Washington peace officer certification has lapsed because of a break in service as a fully commissioned peace officer for more than twenty-four months but less than sixty months and who are required to attend the equivalency.

(3) Applicants who are ((approved)) required to participate in the equivalency academy for the purpose of becoming a certified peace officer must attend the first available session of the equivalency academy following such applicant's date of hire((. Applicants are not required to attend a session of the equivalency academy conducted within the initial sixty days of employment)) unless the equivalency academy occurs within the first sixty days of the peace officer's initial date of employment in which case the peace officer must attend the next available academy as a condition of certification as a peace officer. Applicants approved to participate in the equivalency academy for training purposes only, will be admitted on a space available basis.

It is the responsibility of the applicant's agency to ensure that all necessary forms and documentation are completed and submitted to the commission in a timely manner, and as necessary, to ensure that the participation provided by this section is ((effected)) affected.

(4) In those instances where an applicant has attended more than one basic training program, eligibility for participation in the equivalency process will be based upon successful completion of the most recent of such programs attended.

(5) The decision to request an officer's participation in the equivalency process discretionary with the head of the officer's employing agency, who must advise the commission of that decision by appropriate notation upon the hiring notification form. Upon receipt of such notification, the commission will provide all necessary forms and information.

(6) Upon approval of an applicant's eligibility to participate in the equivalency process, the applicant's employing agency must submit to the commission the following documentation as a precondition of participation within such process:

(a) ((A copy)) Proof of the applicant's current and valid driver's license;

(b) ((A copy)) Proof of the applicant's current and valid basic first-aid card;

(c) A statement of the applicant's health and physical condition by an examining physician;

(d) A record of the applicant's firearms qualification;

(e) A liability release agreement by the applicant; and

(f) A criminal records check regarding such applicant.

(7) If comparable emergency vehicle operations training has not been completed previously, the applicant will be required to complete the commission's current emergency vehicle operation course, as scheduled by the commission.

(8) Upon completion of the equivalency process and review and evaluation of the applicant's performance, the commission will:

(a) Issue a certificate of completion of equivalent basic law enforcement training; or

(b) Issue a certificate of completion of equivalent basic law enforcement training upon the applicant's successful completion of additional training as the commission may require; or

(c) Require completion of the commission's basic law enforcement academy.

[Statutory Authority: RCW 43.101.080. 05-20-029, 139-05-210, filed 9/28/05, effective 10/29/05; 04-13-070, 139-05-210, filed 6/15/04, effective 7/16/04; 03-07-099, 139-05-210, filed 3/19/03, effective 4/19/03; 00-17-017, 139-05-210, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 86-19-021 (Order 1-B), 139-05-210, filed 9/10/86.]

Washington State Code Reviser's Office