WSR 10-07-106

PROPOSED RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[ Filed March 22, 2010, 8:52 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-04-120.

     Title of Rule and Other Identifying Information: WAC 139-05-205 Administrative exemption.

     Hearing Location(s): Washington State Criminal Justice Training Commission, 19010 1st Avenue South, Room E-154, Burien, WA 98148, on Wednesday, June 9, 2010, at 10 a.m.

     Date of Intended Adoption: June 9, 2010.

     Submit Written Comments to: Sonja Hirsch, Rules Coordinator, 19010 1st Avenue South, Burien, WA 98148, e-mail shirsch@cjtc.state.wa.us, fax (206) 835-7928, by June 2, 2010.

     Assistance for Persons with Disabilities: Contact Sonja Hirsch, rules coordinator, by June 7, 2010, TTY (206) 835-7300 or (206) 835-7372.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: On January 1, 2002, peace officer certification went into effect. One of the requirements for a person to be certified as a Washington state peace officer or tribal law enforcement officer is to complete the basic law enforcement academy or the basic law enforcement equivalency academy. WAC 139-05-205 allows persons who are the heads of law enforcement agencies with ten or more commissioned law enforcement officers to be exempt from this training. This action waives the training requirement, but does not allow the person exempted to enforce the laws of the state of Washington and does not authorize the exempt person to be a certified peace or tribal law enforcement officer.

     WAC 139-05-205 is in conflict with the certification requirements and is no longer necessary. WAC 139-03-030 allows an agency to request an exemption, waiver, extension, or variance from the rules set by the Washington state criminal justice training commission (WSCJTC) and is still available to be used for such purpose.

     Statutory Authority for Adoption: RCW 43.101.080.

     Statute Being Implemented: Not applicable.

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

     Name of Proponent: WSCJTC staff, governmental.

     Name of Agency Personnel Responsible for Drafting: Doug Blair, Burien, Washington, (206) 835-7332; Implementation and Enforcement: Michael D. Parsons, Burien, Washington, (206) 835-7347.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025.

     A cost-benefit analysis is not required under RCW 34.05.328.

March 22, 2010

Sonja Hirsch

Rules Coordinator

OTS-3098.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 139-05-205 Administrative exemption.

© Washington State Code Reviser's Office