WSR 09-19-032

PERMANENT RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[ Filed September 9, 2009, 1:28 p.m. , effective October 10, 2009 ]


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

Purpose: Establish a process to grant a basic reserve law enforcement officer a certificate of equivalency for persons who have incurred a break in service as a Washington reserve law enforcement officer and desire to return to service as a reserve law enforcement officer.

Persons who have elected to serve as volunteer reserve law enforcement officers may have a break in service as a reserve law enforcement officer. If a reserve law enforcement officer incurs a break in service in excess of twelve consecutive months, the officer's recognition as a reserve law enforcement officer is considered to have lapsed. This WAC establishes a process of certain conditions that must be met for a person who has been a reserve law enforcement officer and incurred a break in service to have that person's status and recognition as a reserve law enforcement officer reinstated.

Statutory Authority for Adoption: RCW 43.101.080.

Adopted under notice filed as WSR 09-16-070 on July 30, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 9, 2009.

Sonja Hirsch

Rules Coordinator

OTS-2435.1


NEW SECTION
WAC 139-05-825   Basic reserve law enforcement academy certificate of equivalency.   (1) A certificate of equivalency for the basic reserve law enforcement academy shall be issued only to applicants who successfully complete the equivalency process as required by the commission. For this purpose, the term "process" shall include all documentation and prerequisites set forth in subsection (6) of this section and successful completion of all knowledge and skills requirements within the basic reserve law enforcement equivalency academy. A certificate of completion of equivalent reserve law enforcement training is recognized in the same manner as the certificate of completion of the basic reserve law enforcement academy.

(2) Eligibility for participation in the basic reserve law enforcement equivalency process shall be limited to fully commissioned reserve law enforcement officers and fully commissioned peace officers who have attained basic certification through completion of a basic training program or a basic reserve law enforcement academy/program in this state and have incurred a break in service of more than twelve months but less than thirty-six months. For this purpose, the term "basic training program" does not include any military or any federal training program not otherwise approved by the commission.

(3) Requirements for a person to achieve a certificate of equivalency as a reserve law enforcement officer who has incurred a break in service of:

(a) More than twelve but less than twenty-four months must successfully complete the requirements of RCW 43.101.080(19) and the comprehensive reserve final test proctored by the commission.

(b) More than twenty-four but less than thirty-six months must successfully pass the psychological and polygraph tests, complete the criminal history and background check, and successfully pass the comprehensive reserve final test proctored by the commission.

(c) More than thirty-six months break in service requires the person to attend the basic reserve law enforcement academy.

(4) It shall be 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 affected.

(5) The decision to request an officer's participation within the equivalency process shall be discretionary with the head of the officer's employing agency, who shall advise the commission of the decision by appropriate notification upon the hiring of the officer. Upon receipt of such notification, the commission shall provide to such agency head all necessary forms and information required for the processing of a request for a certificate of equivalency.

(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 of the applicant's certificate of successful completion of an approved basic or reserve academy/program as outlined in subsection (1) of this section.

(b) Proof that a search of state and national criminal history records has been conducted by the employing agency regarding applicant through appropriate submission of the applicant's fingerprints and such search indicated the absence of any conviction of applicant for a felony offense, a misdemeanor, or gross misdemeanor offense involving moral turpitude.

(c) The candidate has successfully completed a psychological examination and a polygraph.

(d) A copy of the applicant's current and valid driver's license.

(e) A record of the applicant's firearms qualification.

(f) A record that the applicant is current in defensive tactics.

(7) Upon completion of the equivalency process and review and evaluation of the applicant's performance, the commission will issue a certificate of completion of equivalent basic reserve law enforcement training.

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Washington State Code Reviser's Office