Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-21-087.

     Title of Rule: WAC 139-05-210 Basic law enforcement equivalency certification and 139-05-820 Basic reserve equivalency certification.

     Purpose: Restructure text.

     Statutory Authority for Adoption: RCW 43.101.080.

     Summary: Stakeholders were contacted by letter to advise of the intended rule amendments. Proposals also listed on the agency website.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sharon M. Tolton, Burien, (206) 835-7372.

     Name of Proponent: Criminal Justice Training Commission staff, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The original wording states that the vote will be "approved by a majority of the law enforcement representatives within the commission membership." The proposed change will allow all commission membership votes to count.

     Proposal Changes the Following Existing Rules: To allow all commission membership votes to count.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2); therefore, a small business economic impact statement is not required.

     RCW 19.85.025(2), this chapter does not apply to a rule proposed for expedited adoption under RCW 34.05.230 (1) through (8), unless a written objection is timely filed with the agency and the objection is not withdrawn.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148-2055, on March 12, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Sonja Hirsch by March 10, 2003, TDD (206) 835-7300.

     Submit Written Comments to: Sharon M. Tolton, Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148-2055, fax (206) 439-3860, by March 10, 2003.

     Date of Intended Adoption: March 12, 2003.

December 6, 2002

Sharon M. Tolton

Deputy Director

OTS-6059.1

AMENDATORY SECTION(Amending WSR 00-17-017, filed 8/4/00, effective 9/4/00)

WAC 139-05-210   Basic law enforcement equivalency certification.   (1) A certificate of equivalent basic law enforcement training shall be issued only to applicants who successfully complete the equivalency process as required by the Washington state criminal justice training commission. For this purpose, the term "process" shall include all documentation and prerequisites set forth in subsection (6) of this section, and successful completion of all knowledge and skills requirements within the basic equivalency academy. A certificate of equivalent basic law enforcement training shall be recognized in the same manner as the certificate of completion of the basic law enforcement academy.

     (2) Eligibility for participation in the basic equivalency process shall be limited to regular, full-time, commissioned enforcement officers who otherwise are eligible to attend the basic law enforcement academy, and who have attained basic certification through completion of a basic training program in this or another state. For this purpose, the term "basic training program" shall not include any military or reserve training program, or any federal training program not otherwise approved by a majority of ((the law enforcement representatives within)) the commission membership.

     (3) The participation of any eligible and approved applicant for a certificate of equivalent basic law enforcement training shall be effected within, and limited to, the first available session of the basic equivalency academy following such applicant's date of hire; provided that no applicant shall be required to attend a session of the basic equivalency academy which is conducted within the initial sixty days of the employment for which certification is requested.

     It shall be the responsibility of the applicant's agency to ensure that all necessary forms and documentation are completed and submitted to the commission in a timely manner and as necessary to ensure that the participation provided by this section is effected.

     The participation of any applicant in any session of the basic equivalency academy not otherwise provided herein shall require the approval of the commission.

     (4) In those instances wherein an applicant has attended more than one basic training program, eligibility for participation in the basic equivalency process shall not be approved if such applicant, for whatever reason, failed to successfully complete the most recent of such programs attended.

     (5) The decision to request an officer's participation within the equivalency process shall be discretionary with the head of the officer's employing agency, who shall advise the commission of that decision by appropriate notation upon the hiring notification submitted to the commission for such officer. Upon receipt of such notification, the commission shall provide to such agency head all necessary forms and information required for the processing of a request for a certificate of equivalent basic training.

     (6) Upon approval of an applicant's eligibility to participate in the equivalency process, the applicant's employing agency shall submit to the commission the following documentation as a precondition of participation within such process:

     (a) A copy of applicant's current and valid Washington state driver's license;

     (b) A copy of applicant's current and valid basic first-aid card;

     (c) A statement of applicant's health and physical condition by an examining physician;

     (d) A record of applicant's firearms qualification;

     (e) A liability release agreement by the applicant; and

     (f) A criminal records check regarding such applicant.

     (7) If such training has not been completed previously, the applicant shall be required to complete the commission's forty hour emergency vehicle operation course, as scheduled by the commission.

     (8) Upon completion of the equivalency process and review and evaluation of applicant's performances therein, the commission shall:

     (a) Issue a certificate of equivalent basic training;

     (b) Issue a certificate of equivalent basic training upon applicant's successful completion of additional training as the training commission may require; or

     (c) Require completion of the basic law enforcement academy.

     (9) Any action or determination by the commission staff regarding a requestor or applicant for equivalency certification shall, upon written request of the involved individual or agency, be reviewed by the executive director of the training commission.

     (10) Any waiver of, or variance in, any above requirement for equivalency participation and/or certification may be granted by the commission if it determines that sufficient justification exists for such action.

[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-05-210, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 86-19-021 (Order 1-B), § 139-05-210, filed 9/10/86.]

     (2) Eligibility for participation in the basic reserve equivalency process shall be limited to reserve commissioned law enforcement officers who have attained basic certification through completion of a basic training program in this or another state. For this purpose, the term "basic training program" shall not include any military or reserve training, or any federal training program not otherwise approved by a majority of ((the law enforcement representatives within)) the commission membership.

     (3) The participation of any eligible and approved applicant for a certificate of equivalent basic reserve training shall be effected within, and limited to, the first available session of a basic reserve academy following such applicant's date of hire; provided that no applicant shall be required to attend a session of the basic reserve equivalency academy which is conducted within the initial sixty days of employment for which certification is requested.

     It shall be the responsibility of the applicant's agency to ensure that all necessary forms and documentation are completed and submitted to the commission in a timely manner and as necessary to ensure that the participation provided by this section is effected.

     The participation of any applicant in any session of the basic reserve equivalency not otherwise provided herein shall require the approval of the commission.

     (4) In those instances wherein an applicant has attended more than one basic training program, eligibility for participation in the basic reserve equivalency process shall not be approved if such applicant, for whatever reason, failed to successfully complete the most recent of such programs attended.

     (5) The decision to request an officer's participation within the equivalency process shall be discretionary with the head of the officer's employing agency, who shall advise the commission of that decision by appropriate notification upon the hiring of the officer. Upon receipt of such notification, the commission shall provide to such agency head all necessary forms and information required for the processing of a request for a certificate of equivalent basic reserve training.

     (6) Upon approval of an applicant's eligibility to participate in the equivalency process, the applicant's employing agency shall submit to the commission all requested records, information and proof of background check as a precondition of participation with such process.

[Statutory Authority: RCW 43.101.080. 02-02-004, § 139-05-820, filed 12/20/01, effective 1/20/02.]

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