PERMANENT RULES
Date of Adoption: August 1, 2001.
Purpose: The amendments to WAC 446-16-030 will increase inspection time by a subject of their record from fifteen minutes to thirty minutes.
Citation of Existing Rules Affected by this Order: Amending X [WAC 446-16-030].
Statutory Authority for Adoption: Chapters 10.97 and 43.43 RCW.
Adopted under notice filed as WSR 01-13-052 on June 15, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
September 25, 2001
Ronal W. Serpas
Chief
OTS-4431.1
AMENDATORY SECTION(Amending WSR 97-05-048, filed 2/18/97,
effective 3/21/97)
WAC 446-16-030
Inspection by the subject of their record.
(1) Any person desiring to inspect criminal history record
information which refers to themself may do so at the central
office of the Washington state patrol identification and criminal
history section, between the hours of 8 a.m. and 5 p.m., Monday
through Friday, excepting legal holidays.
(2) Any person desiring to inspect criminal history record information pertaining to themself shall first permit their fingerprints to be taken by the section for identification purposes if requested to do so. The section, in their discretion, may accept other identification in lieu of fingerprints.
(3) A reasonable period of time, not to exceed ((15)) thirty
minutes, shall be allowed each individual to examine criminal
history record information pertaining to themselves.
(4) No person shall be allowed to retain or reproduce any criminal history record information pertaining to themselves except for the purpose of challenge or correction of entries of arrests by submitting law enforcement agencies of the state of Washington. Visual examination only shall be permitted of such information unless the individual asserts their belief that criminal history record information from a submitting law enforcement agency of the state of Washington concerning them is inaccurate, incomplete or maintained in violation of the law; and unless they request correction or completion of the information on a form furnished by the section, or requests expungement pursuant to WAC 446-16-025.
(5) If any person who desires to examine criminal history record information pertaining to themself is unable to read or is otherwise unable to examine same because of a physical disability, they may designate another person of their own choice to assist them. The person about whom the information pertains shall execute, with their mark, a form provided by the section consenting to the inspection of criminal history record information pertaining to themself by another person for the purpose of it being read or otherwise described to them. Such designated person shall then be permitted to read or otherwise describe or translate the criminal history record information to the person about whom it pertains.
[Statutory Authority: Chapters 10.97 and 43.43 RCW. 97-05-048, 446-16-030, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.080 and 10.97.090. 92-15-014, 446-16-030, filed 7/6/92, effective 8/6/92; Order 1, 446-16-030, filed 2/11/74.]