Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-12-082.

     Title of Rule and Other Identifying Information: WAC 139-25-110 Career-level certification for law enforcement and corrections personnel.

     Hearing Location(s): Criminal Justice Training Commission (Training Academy), 19010 1st Avenue South, Burien, WA 98148, on March 14, 2007, at 10:00 a.m.

     Date of Intended Adoption: March 15, 2007.

     Submit Written Comments to: Cheryl Price, 19010 1st Avenue South, Burien, WA 98148, e-mail cprice@cjtc.state.wa.us, fax (206) 835-7924, by March 7, 2007.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to update the rule to reflect the actual practices of the commission in the issuance of career level certification to law enforcement and corrections personnel, and to remove the requirement for executive level certification. The requirements for executive level certification were the result of a rule by the commission for which no funding was ever obtained. Sustaining this practice without funding is no longer reasonable. The requirement for seventy-two hours of electives has been reviewed by the commission staff and found to be in need of reduction and a specific menu of acceptable elective training subjects will be offered by the commission for the purpose of career level certification requirements. The existing rule with changes is shown below.

     Statutory Authority for Adoption: RCW 43.101.080.

     Statute Being Implemented: RCW 43.101.080(10).

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

     Name of Proponent: Washington state criminal justice training commission staff, governmental.

     Name of Agency Personnel Responsible for Drafting and Enforcement: Doug Blair, Burien, (206) 835-7352; and Implementation: Michael D. Parsons, Burien, (206) 835-7347.

     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.

     A cost-benefit analysis is not required under RCW 34.05.328.

November 9, 2006

Cheryl A. Price

Accreditation and

Performance Analysis Manager

OTS-9329.1

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

WAC 139-25-110   Career-level certification for law enforcement and corrections personnel.   (1) For purposes herein:

     (a) The term "first-level supervisory position" means a position above operational level for which commensurate pay is authorized and is occupied by an individual who, in the upward chain of command, principally is responsible for the direct supervision of nonsupervisory employees of an agency or is subject to assignment of such responsibilities;

     (b) The term "middle-management position" means a position between a first-level supervisory position and an executive position and for which commensurate pay is authorized and is occupied by an individual who, in the upward chain of command, principally is responsible for the direct supervision of supervisory employees of an agency and/or command duties((;

     (c) The term "executive position" means the head of an agency or those individuals occupying positions designated as executive positions by the agency head)).

     (2) Any law enforcement officer or corrections employee successfully completing the training requirements specified hereinafter shall be eligible to apply to the Washington state criminal justice training commission for issuance of the certification for which such requirements are prescribed. Such certification is intended to acknowledge the recipient's accomplishment of training and experience responsive to the specific functions and responsibilities of a first-level supervisory((,)) or middle management((, or executive)) position. It is not intended to supplant an effective promotional or selection process or preclude consideration of a broad scope of qualifying factors within such process.

     (3) The minimum requirements of supervisory certification are set forth as follows:

     (a) Possession of a basic law enforcement or corrections certificate or basic equivalency certificate of the training commission or basic certificate of the Washington state patrol; and

     (b) ((At least three years of regular and full-time law enforcement or corrections service in a patrol, line, or nonsupervisory position; and

     (c) Satisfactory completion of a probationary period made applicable by the employing agency to a first-level supervisory position or, in the absence of such period, satisfactory performance throughout the initial six months of service in such position; and

     (d))) Successful completion of the first level ((or first and second level)) supervision course ((of the)) provided by the training commission; and

     (((e))) (c) Successful completion of at least ((72)) 40 additional elective training hours intended or approved for the first-level supervisory position.

     (4) The minimum requirements for middle management certification are set forth as follows:

     (a) ((At least two years of full-time and regular service in a first-level supervisory position; and

     (b) Satisfactory completion of a probationary period made applicable by the employing agency to a middle management position or, in the absence of such period, satisfactory performance throughout the initial six months of service within such position; and

     (c))) Possession of the supervisory certificate of the training commission; and

     (((d))) (b) Successful completion of a middle management course ((of)) provided by the training commission; and

     (((e))) (c) Successful completion of at least ((72)) 40 additional elective training hours intended or approved for the middle management position.

     (5) ((The minimum requirements for executive certification are set forth as follows:

     (a) At least two years of full-time and regular service in a middle management position; and

     (b) Possession of the middle management certificate of the training commission; and

     (c) Successful completion of the agency administration and executive management core courses of the training commission; and

     (d) Successful completion of at least 72 additional elective training hours intended or approved for the executive position.

     (6) Any application for certification provided herein shall be submitted in writing on an approved form to the executive director of the training commission or designee.

     (7))) Education and training programs successfully completed by the applicant and not sponsored or otherwise approved by the training commission may be considered in any determination of satisfaction of training requirements prescribed herein. Any such elective training must have been completed within four years of the date that application is made for certification. Such determinations and any other determinations relating to equivalent or alternative training shall be made by the executive director of the training commission or designee.

     (((8))) (6) Any requests for exception to or variance within any provision or requirements set forth herein may be submitted in writing by the individual seeking certification to the executive director or designee, who shall have dispositive authority in the matter.

[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-25-110, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 88-20-023 (Order 21), § 139-25-110, filed 9/28/88.]

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