WSR 06-17-021

PERMANENT RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[ Filed August 7, 2006, 10:34 a.m. , effective September 7, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 139-05-200, the changes mean that law enforcement officers with a tribal or limited law enforcement commission who have attended and successfully completed the basic or equivalency academy, and thereafter have been continuously employed in a law enforcement capacity with their agency, will have that employment recognized by the commission as regular and commissioned law enforcement employment.

Statutory Authority for Adoption: RCW 43.101.080.

Adopted under notice filed as WSR 06-10-001 on April 19, 2006.

A final cost-benefit analysis is available by contacting Cheryl A. Price, 19010 1st Avenue South, Burien, WA 98148, phone (206) 835-7358, fax (206) 835-7924, e-mail cprice@cjtc.state.wa.us.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 14, 2006.

Cheryl A. Price

Accreditation/Performance

Analysis Manager

OTS-8509.3


AMENDATORY SECTION(Amending WSR 05-20-029, filed 9/28/05, effective 10/29/05)

WAC 139-05-200   Requirement of basic law enforcement training.   (1) 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) Law enforcement personnel exempted from the requirement of subsection (1) 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; ((or))

(ii) Who have received a certificate of completion in accordance with the requirement of subsection (1) 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) 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) 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.

[Statutory Authority: RCW 43.101.080. 05-20-029, 139-05-200, filed 9/28/05, effective 10/29/05; 03-19-123, 139-05-200, filed 9/17/03, effective 10/18/03; 00-17-017, 139-05-200, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 89-13-024 (Order 14D), 139-05-200, filed 6/13/89; 87-19-104 (Order 14-D), 139-05-200, filed 9/18/87; 86-19-021 (Order 1-B), 139-05-200, filed 9/10/86.]

Washington State Code Reviser's Office