5974-S2 AMH SCHM LANG 235

2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2348

NOT ADOPTED 03/05/2026

On page 25, after line 6 of the striking amendment, insert the following:

"Sec. 17. RCW 43.101.155 and 2021 c 323 s 13 are each amended to read as follows:

(1) ((If)) Except as provided in subsection (3) of this section, if the commission determines, upon investigation, that there is cause to believe that a peace officer's or corrections officer's certification should be denied, suspended, or revoked under RCW 43.101.105, the commission must prepare and serve upon the officer a statement of charges. Service on the officer must be by mail or by personal service on the officer unless the officer has consented to service in some other manner, including electronic notification. Notice of the charges must also be mailed to or otherwise served upon the officer's agency of separation and any current agency employer. The statement of charges must be accompanied by a notice that to receive a hearing on the denial or revocation, the officer must, within 60 days of the statement of charges, request a hearing before the hearings panel appointed under RCW 43.101.380. Failure of the officer to request a hearing within the 60-day period constitutes a default, whereupon the commission may enter an order under RCW 34.05.440.

(2) If a hearing is requested, the officer is required to provide an email address that constitutes the officer's legal address for purposes of any subsequent communication from the commission. Unless otherwise agreed to by the mutual agreement of the parties or for good cause, within two weeks of receipt of the officer's request for a hearing, the commission shall set a date for the hearing, which must be held within 90 days thereafter. On the date the hearing is set, the commission shall transmit electronic and written notice of the hearing to the officer, and provide public notice on the commission website, specifying the time, date, and place of hearing.

(3) Before the commission may serve a statement of charges upon a person holding an elected office of sheriff, the commission must hold a public hearing in the sheriff's county on the commission's determination that there is cause to believe that the sheriff's certification should be revoked. The commission must provide notice to the sheriff of the hearing at least 60 days in advance of the hearing by mail or by personal service on the sheriff unless the sheriff has consented to service in some other manner, including electronic notification.

(a) The commission must provide notice to the public at least 30 days in advance of the hearing:

(i) On the commission's website;

(ii) To persons who have requested notice of the commission's notices of proposed rule making; and

(iii) In such other way(s) as the commission may by rule specify.

(b) The notice of the hearing to the public must include:

(i) The time, date, and location of the hearing at which the commission will hear public comments on the proposed charges;

(ii) The text of the proposed statement of charges;

(iii) A request for comments on the proposed charges from any interested person; and

(iv) The manner in which interested persons may submit written comments.

(c) All hearings will be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed charges shall be available to the public.

(4) Nothing in this section shall be construed as to permit the disclosure of records which are otherwise confidential and exempt from public disclosure."

Renumber the remaining sections consecutively and correct any internal references accordingly.

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