WSR 02-22-067

PROPOSED RULES

WASHINGTON STATE PATROL


[ Filed November 4, 2002, 8:29 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-19-052.

Title of Rule: WAC 446-20-285 Employment -- Conviction records -- Child and adult abuse information.

Purpose: The regulation is intended to cover all criminal justice records systems that contain criminal history record information, whether the systems are manual or automated.

Statutory Authority for Adoption: RCW 10.97.030 and 43.830-845 [43.43.830-43.43.845].

Summary: The proposed WAC amendment would remove the dissemination requirement of releasing conviction criminal history information based on an exact name and date of birth.

Reasons Supporting Proposal: This programming change will improve the name search results and provide a record even though search parameters used may be slightly different.

Name of Agency Personnel Responsible for Drafting: Ms. Cindy Haider, P.O. Box 42633, Olympia, WA 98504, (360) 570-5230; Implementation: Captain Paul Beckley, P.O. Box 42619, Olympia, WA 98504, (360) 570-5252; and Enforcement: Deputy Chief Maurice King, P.O. Box 42600, Olympia, WA 98504, (360) 753-4632.

Name of Proponent: Washington State Patrol, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Approval of the amendment.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The regulation is intended to cover all criminal justice records systems that contain criminal history record information, whether the systems are manual or automated. This programming change will improve the name search results and provide a record even though search parameters used may be slightly different.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Statement is not needed.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Washington State Patrol, Criminal Records Division, Conference Room, 3000 Pacific Avenue S.E., Suite 202, Olympia, WA 98504, on December 10, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Mr. Michael Palios by December 6, 2002, TDD (360) 536-4270 or (360) 753-5966.

Submit Written Comments to: Ms. Cindy Haider, P.O. Box 42633, Olympia, WA 98504, fax (360) 570-5274, by December 6, 2002.

Date of Intended Adoption: December 20, 2002.

October 31, 2002

Ronal W. Serpas

Chief

OTS-5251.1


AMENDATORY SECTION(Amending WSR 97-05-048, filed 2/18/97, effective 3/21/97)

WAC 446-20-285   Employment -- Conviction records -- Child and adult abuse information.   After January 1, 1988, certain child and adult abuse conviction information will be furnished by the state patrol upon written or electronic request of any applicant, business or organization, the state board of education, or the department of social and health services. This information will consist of the following:

(1) Convictions of crimes against children or other persons as defined in RCW 43.43.830(6), and as amended by chapter 9A.44 RCW;

(2) Department of health disciplinary authority final decisions of specific findings of physical or sexual abuse or exploitation of a child and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary authority final decision; for the businesses and professions defined in chapter 9A.44 RCW; and

(3) Civil adjudications of child abuse, as amended by chapter 9A.44 RCW.

Criminal history information will be furnished from the Washington state patrol, consistent with the provisions of RCW 43.43.830 through 43.43.840, upon receipt of a written or electronic request.

School districts, the superintendent of public instruction, educational service districts and their contractors will also receive conviction information under RCW 10.97.030 and 10.97.050 pursuant to chapter 159, Laws of 1992.

The state patrol shall also furnish any similar records maintained by the Federal Bureau of Investigation or records in custody of the National Crime Information Center, if available, subject to their policies and procedures regarding such dissemination.

(a) The business or organization making such request shall not make an inquiry to the Washington state patrol or an equivalent inquiry to a federal law enforcement agency unless the business or organization has notified the applicant who has been offered a position as an employee or volunteer that an inquiry may be made.

(b) For positive identification, the request for criminal history information form may be accompanied by fingerprint cards of a type specified by the Washington state patrol identification and criminal history section, and shall contain a certification by the business or organization; the state board of education; or the department of social and health services, that the information is being requested and will be used only for the purposes as enumerated in RCW 43.43.830 through 43.43.845.

(c) In the absence of fingerprint cards, the applicant may provide a right thumb fingerprint impression in the area provided on the request for criminal history information form. In the event of a possible match((, where)) to the applicant's name and date of birth ((as submitted varies from that of the record contained by the Washington state patrol identification and criminal history section)), the right thumb fingerprint impression will be used for identification verification purposes only. ((An exact name and date of birth match will be required for dissemination of conviction information in the absence of a fingerprint card or thumbprint impression for positive identification or verification of record.))

(d) After processing a properly completed request for criminal history information form, if the conviction record, disciplinary authority final decision, adjudication record, or equivalent response from a federal law enforcement agency shows no evidence of crimes against persons, an identification declaring the showing of no evidence shall be issued to the business or organization by the Washington state patrol identification and criminal history section within fourteen working days of receipt of the request. Possession of such identification shall satisfy future record check requirements for the applicant for a two-year period.

(e) The business or organization shall notify the applicant of the state patrol's response within ten calendar days after receipt by the business or organization. The employer shall provide a copy of the response to the applicant and shall notify the applicant of such availability.

(f) The business or organization shall be immune from civil liability for failure to request background information on a prospective employee or volunteer unless the failure to do so constitutes gross negligence.

[Statutory Authority: Chapters 10.97 and 43.43 RCW. 97-05-048, 446-20-285, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 43.43.760, 43.43.815 and 43.43.838. 92-15-015, 446-20-285, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 10.97.090. 91-24-099 (Order 91-004), 446-20-285, filed 12/4/91, effective 1/4/92. Statutory Authority: 1990 c 3. 90-20-003 (Order 90-003), 446-20-285, filed 9/20/90, effective 10/21/90. Statutory Authority: RCW 43.43.838. 89-23-017, 446-20-285, filed 11/6/89, effective 12/7/89. Statutory Authority: RCW 43.43.838 and 1987 c 486 5. 88-07-066 (Order 88-03-A), 446-20-285, filed 3/17/88.]

Washington State Code Reviser's Office