(1) All peace officers, tribal police officers, and correction officers shall submit a signed officer certification form to the commission to officially request certification as a certified officer in Washington state. The form shall be submitted to the commission by the applicant once the applicant has met all requirements.

(a) Responsibility for the review and acceptance of an applicant's psychological background, polygraph, and other background materials lies with the hiring agency.

(i) Upon completion of the background check, the hiring agency must certify that the background check has been satisfactorily completed and no disqualifying information has been found.

(ii) At its discretion, the commission may review and audit background checks for compliance with standards established by applicable statutes and rules.

(iii) The hiring agency has the duty to evaluate information obtained in a background check and assure that the applicant meets certification standards of RCW 43.101.105 (2) and (3).

(b) The commission shall issue a certificate upon verification that an applicant is eligible for certification.

(2) The commission shall allow the certified officer to retain certification provided that the certified officer:

(a) Timely meets basic training requirements or is exempted in whole or in part under RCW 43.101.200 or 43.101.220, or under policies of the commission;

(b) Has not had a break of more than 24 consecutive months of service;

(c) Is not denied certification by the commission under this chapter; and

(d) Has not had certification suspended or revoked by the commission.

(3) Following a break in service and timely meeting the basic training requirements, certified officer shall, upon return to service, submit an officer certification form to the commission as described in subsection (1) of this section.

(a) The commission shall issue a certificate of officer certification upon verification that the applicant is eligible for certification.

(b) If a certified officer's break in service is less than 24 months and the certified officer's certification remains in good standing, no additional training is required.

(c) If a certified officer's break in service was more than 24 consecutive months and less than 60 months and certification is in good standing, the lapsed certified officer must comply with commission training requirements per WAC 139-05-200 and 139-05-210.

(d) If a certified officer's break in service is over 60 months and certification is in good standing, the applicant must attend the basic law enforcement academy or the corrections officer academy. The employing agency may also request a variance per WAC 139-05-940.

(4) A certification granted based on an administrative exemption under WAC 139-05-200 shall remain in effect for the duration of the exemption. However, such certification is subject to the requirements of RCW 43.101.105.

(5) Upon determination that a certification form contains missing or erroneous information, the commission shall notify the applicant and the employing agency and the applicant must submit the correct information to the commission within 30 days of the date the request is issued. Failure to submit the correct information within the required time shall result in a recommendation to deny the request for certification.

(6) In order to determine an applicant's eligibility for certification, the commission may request records and information in addition to that provided on the officer certification form. The applicant or the applicant's employing agency shall submit the requested records and information within 30 days of the date the request is issued. Failure to comply with the commission's request shall result in a recommendation to deny the request for certification.