WSR 13-20-097

PROPOSED RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[Filed October 1, 2013, 8:00 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 13-16-029.

Title of Rule and Other Identifying Information: WAC 139-06-140 Hearing on petition for eligibility for certification or reinstatement of certification.

Hearing Location(s): Washington State Criminal Justice Training Commission, Room E-154, 19010 1st Avenue South, Burien, WA 98148, on December 11, 2013, at 10 a.m.

Date of Intended Adoption: December 11, 2013.

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 December 6, 2013.

Assistance for Persons with Disabilities: Contact Sonja Hirsch, rules coordinator, by December 9, 2013, TTY (206) 835-7300 or (206) 835-7372.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule change will allow for a subsequent petition for reinstatement of certification to be filed five years after the date of the entry of the hearing panel's final written order denying the prior petition for reinstatement. If a second petition for reinstatement is denied, no further petitions may be filed. The commission will not consider or accept for filing a petition for reinstatement submitted after two prior petitions have been denied.

Reasons Supporting Proposal: The current rule does not outline steps for filing a subsequent petition for reinstatement of certification after a hearing panel has denied the initial petition for reinstatement.

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 Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sonja Hirsch, Burien, Washington, (206) 835-7372.

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. The changes are not new, as they [are] simply mirroring the language of RCW 43.101.220.

October 1, 2013

Sonja Hirsch

Rules Coordinator

AMENDATORY SECTION (Amending WSR 03-02-010, filed 12/20/02, effective 1/20/03)

WAC 139-06-140 Hearing on petition for eligibility for certification or reinstatement of certification.

(1) The commission may hold a hearing to determine the peace officer's eligibility for certification or reinstatement of certification.

(2) Upon receipt of a petition for eligibility for certification or reinstatement of certification, and a determination by commission staff that a hearing is necessary((,)) or required, the peace officer and the peace officer's employing agency shall be notified in writing. Where a hearing is not held, the peace officer and the peace officer's employing agency shall be notified in writing of the commission's decision ((whether to certify or reinstate the peace officer,)) to grant or deny the petition and the reasons for the decision. Where the ((peace officer is not certified or reinstated)) petition is denied, the peace officer or the peace officer's employing agency may request a hearing before a hearing panel by making such request in writing within fourteen days of the mailing of notification that ((certification is not being granted or reinstated)) the petition was denied.

(3) Hearings on eligibility for certification or reinstatement of certification shall be conducted by a hearing panel. The hearing panel shall review the certification file and any additional information submitted by the parties prior to the hearing and may request any additional information in order to assist in its determination. The issues shall be limited to whether the peace officer is eligible for ((certification or reinstatement of)) certification, whether certification should be reinstated, and whether appropriate probationary terms ((in the event certification is granted or reinstated)) should be imposed as a condition of reinstatement.

(4) The hearing panel shall enter ((a)) its decision on the petition by written order ((regarding certification or reinstatement of certification)) within ninety days of the conclusion of the hearing, unless the time period is extended for good cause, or waived. A copy of the order shall be sent to the parties((,)) and to the peace officer's employing agency.

(5) The decision of the hearing panel shall be the final order of the commission.

(6) A peace officer whose petition for eligibility for certification or reinstatement of certification was denied by a hearing panel may file a subsequent petition after five years have elapsed since the date of the entry of the hearing panel's final written order denying the prior petition. If a second petition for reinstatement is denied, no further petitions may be filed. The commission will not consider or accept for filing a petition for reinstatement submitted after two prior petitions have been denied.