[Filed March 13, 2019, 5:44 p.m., effective April 13, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The proposed change makes this WAC applicable to full-time, general authority peace officers. Also, a paragraph was added to clearly state ineligibility for previously revoked, suspended, sanctioned, etc., peace officers. This closes the loophole in the existing WAC.
Citation of Rules Affected by this Order: Amending WAC 139-05-200.
Adopted under notice filed as WSR 18-23-089 on November 20, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 13, 2019.
T. H. Jones
AMENDATORY SECTION(Amending WSR 06-17-021, filed 8/7/06, effective 9/7/06)
WAC 139-05-200Requirement of basic law enforcement training for general authority peace officers.
(1) Unless certification eligibility has been reinstated, a peace officer or tribal police officer whose certification, commission and/or licensing has been revoked, sanctioned, suspended, or is under review by this state or any other state or territory, is not eligible for a basic law enforcement academy certificate, regardless of the officer's prior years of law enforcement service.
(2) All fully commissioned law enforcement officers of a city, county, or political subdivision of the state of Washington, ((except volunteers and reserve officers, whether paid or unpaid,)) and officers of the Washington state patrol, unless otherwise exempted by the commission must, as a condition of continued employment, successfully complete a basic law enforcement academy or an equivalent basic academy sponsored or conducted by the commission. Basic law enforcement training must be commenced within the initial six-month period of law enforcement employment, unless otherwise extended by the commission.
(((2)))(3) Law enforcement personnel exempted from the requirement of subsection (((1)))(2) of this section include:
(a) Individuals holding the office of sheriff of any county on September 1, 1979; and
(b) Commissioned personnel:
(i) Whose initial date of full-time, regular and commissioned law enforcement employment within the state of Washington precedes January 1, 1978;
(ii) Who have received a certificate of completion in accordance with the requirement of subsection (((1)))(2) of this section, and thereafter have engaged in regular and commissioned law enforcement employment without break or interruption in excess of twenty-four months duration; or
(iii) Who are employed as tribal police officers in Washington state, natural resource investigators employed by the Washington department of natural resources, special agents employed by the Washington state gambling commission, and liquor enforcement officers employed by the Washington state liquor control board who have received a certificate of successful completion from the basic law enforcement academy or the basic law enforcement equivalency and thereafter engage in regular and commissioned law enforcement employment with that agency without break or interruption in excess of twenty-four months duration.
(((3)))(4) Each law enforcement agency of the state of Washington, or any political subdivision thereof, must immediately notify the commission by approved form of each instance where a commissioned officer begins continuing and regular employment with that agency.
(((4)))(5) Failure to comply with any of the above requirements of basic law enforcement training will result in notification of noncompliance by the commission to:
(a) The individual in noncompliance;
(b) The head of his/her agency; and
(c) Any other agency or individual, as determined by the commission.