PERMANENT RULES
COMMISSION
Effective Date of Rule: Thirty-one days after filing.
Purpose: In 2005, the legislature directed state parks to adopt rules establishing the requirements for a criminal history record information search for job applicants, volunteers and independent contractors who have unsupervised access to children or vulnerable adults, or who will be responsible for collecting or disbursing cash or processing credit/debit card transactions. These rules will set forth the procedures for conducting criminal history record information searches, disqualification, and appeal rights.
Statutory Authority for Adoption: RCW 79A.05.070.
Other Authority: RCW 79A.05.030(10).
Adopted under notice filed as WSR 07-20-081 on October 1, 2007.
Changes Other than Editing from Proposed to Adopted Version: The commission made minor changes for clarification
purposes. In subsection (1) the word and is changed to or as
follows: Have unsupervised access to children or vulnerable
adults; and or. In subsection (2) terminology related to
agency is added as follows: (2) Persons who will be
responsible for collecting or disbursing agency cash or
processing credit/debit card transactions for agency sales.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 7, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 7, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 7, Amended 0, Repealed 0.
Date Adopted: November 15, 2007.
Jim French
Administrator of Statewide
Recreation Programs
OTS-1069.3
BACKGROUND CHECKS FOR JOB APPLICANTS, VOLUNTEERS AND INDEPENDENT CONTRACTORS
"Child" means an individual that has not reached the age of sixteen.
"Criminal background check" means a criminal history record information search that may include but is not limited to, the following:
(a) A record check of arrests and convictions through the Washington state patrol;
(b) Fingerprints processed through the FBI to obtain a complete criminal history.
"Independent contractor" means any independent for-profit or nonprofit private person or organization with which the commission has or is considering a contractual relationship. In the case of large organizations, the contractor background to be reviewed is that of the organization's principal on-site manager.
"Unsupervised access" means that an individual will or may be left alone with a child or vulnerable adult at any time or any length of time.
"Volunteer" means a person who is willing to work without expectation of salary or financial reward.
"Vulnerable adult" means adults of any age who lack the functional, mental, or physical ability to care for themselves. As defined in chapter 74.34 RCW "vulnerable adult" includes a person: Found incapacitated under chapter 11.88 RCW; or who has a developmental disability as defined under RCW 71A.10.020; or admitted to any facility; or receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or receiving services from an individual provider.
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(1) Have unsupervised access to children or vulnerable adults; or
(2) Persons who will be responsible for collecting or disbursing agency cash or processing credit/debit card transactions for agency sales.
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(2) Convictions for certain crimes may prohibit you from working, volunteering, or contracting with Washington state parks. Those convictions include but are not limited to:
(a) A crime against another person;
(b) A crime against a child (including child pornography);
(c) Child abuse and/or neglect;
(d) Spousal abuse;
(e) Animal cruelty crimes;
(f) A crime relating to the possession, sale, distribution, manufacture or use of an illegal drug;
(g) Indecent exposure;
(h) Fraud or false pretenses in obtaining something of value;
(i) Larceny or a misdemeanor theft by taking;
(j) Soliciting for prostitutes;
(k) Pattern of failure to file federal tax returns in years in which taxes are due;
(l) Criminal issuance of a bad check;
(m) Make a false report of a crime.
(3) Washington state parks may consider the following mitigating factors:
(a) The seriousness of the crime that led to the conviction;
(b) The number and types of other convictions in your background;
(c) Your age at the time of conviction;
(d) The amount of time that has passed since your conviction; and
(e) Documentation indicating that you have successfully completed all court-ordered programs and restitution.
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(2) Washington state parks will follow laws related to the release of criminal history records (chapter 10.97 RCW and RCW 43.43.570) and public disclosure (chapter 42.17 RCW) when releasing any information.
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(2) Disqualified individuals may provide, in writing, justification/explanation with supporting documentation to the state parks director requesting further consideration at 7150 Cleanwater Drive, P.O. Box 42650, Olympia, WA 98504.
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(2) Washington state parks will not hire, continue to employ, allow volunteering, or contracting with individuals who make false statements orally or in writing regarding the criminal background check.
(3) Any person making false statements regarding their criminal background check may be denied employment or their employment terminated.
(4) Any person refusing a criminal background check may be refused employment.
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