Preproposal statement of inquiry was filed as WSR 98-11-037.

Title of Rule: Superintendent of public instruction--Prospective educational employees--Fees.

Purpose: To raise existing fees charged for background fingerprint checks on current and potential school district and educational service district employees by six dollars.

Statutory Authority for Adoption: RCW 43.43.830 - [43.43.]845, ESSB 6108, chapter 346, Laws of 1998.

Summary: ESSB 6108 allows the Washington State Patrol to raise existing fees charged for background fingerprint checks on current and potential school district and educational service district employees by six dollars.

Reasons Supporting Proposal: The fee increase is necessary to offset rising processing costs.

Name of Agency Personnel Responsible for Drafting and Implementation: Ms. Toni Korneder, P.O. Box 42633, Olympia, WA, (360) 705-5101; and Enforcement: Captain John Broome, P.O. Box 42633, Olympia, WA, (360) 705-5350.

Name of Proponent: Washington State Patrol, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: To raise existing fees charged for background fingerprint checks on current and potential school district and educational service district employees by six dollars. The fee increase is necessary to offset rising processing costs.

Proposal Changes the Following Existing Rules: Amends WAC 446-20-610 by increasing the processing fee from four dollars to ten dollars.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Washington State Patrol, Commercial Vehicle Division Conference Room, General Administration Building, Olympia, Washington 98504, on August 25, 1998, at 10:30 a.m.

Assistance for Persons with Disabilities: Contact Ms. Kendra Hensley, by August 18, 1998, (360) 753-0678.

Submit Written Comments to: Ms. Toni Korneder, fax (360) 664-9461, by August 18, 1998.

Date of Intended Adoption: August 26, 1998.

July 9, 1998

Annette M. Sandberg

Chief

AMENDATORY SECTION (Amending WSR 96-18-017, filed 8/26/96, effective 9/26/96)

WAC 446-20-610  Superintendent of public instruction--Prospective educational employees--Fees. (1) In addition to the state search, an FBI search is required for requests submitted under chapter 28A.410 RCW. Two fingerprint cards are required to be submitted to the Washington state patrol identification and criminal history section.

(2) Appropriate nonrefundable fees are to be charged and made payable to the Washington state patrol for searches conducted under chapter 28A.410 RCW as follows:

(a) The fee for the state search is fifteen dollars for school district employees.

(b) The fee for the state search is twenty-five dollars for persons applying for their certification or for contractual employees.

(c) The fee for the FBI search is twenty-four dollars.

(d) In addition, a ((four)) ten-dollar processing fee will be charged for each fingerprint background check processed under chapter 28A.410 RCW. The Washington state patrol will reimburse the superintendent of public instruction ((four)) ten dollars for each fingerprint background check processed under this chapter for applicants who are certificated, contractual or classified.

(3) Prospective employees hired by the superintendent of public instruction, educational service districts, school districts and/or their contractors shall pay the appropriate fees for state and federal fingerprint checks conducted under chapter 28A.410 RCW.

(4) Fees are to be deposited in the Washington state patrol fingerprint identification account.

[Statutory Authority: RCW 43.43.830 - [43.43.]845, chapters 10.97, 28A.400 and 74.15 RCW. 96-18-017, § 446-20-610, filed 8/26/96, effective 9/26/96.]