WSR 03-15-030

PROPOSED RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[ Filed July 9, 2003, 10:34 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-11-056.

Title of Rule: WAC 139-05-925 Requirement of basic training for railroad police officers.

Purpose: The change is necessary for the recognition of railroad police officers whose duties are primarily administrative in nature; not enforcing the laws or apprehending criminal suspects.

Statutory Authority for Adoption: RCW 43.101.080.

Summary: Stakeholders were contacted by letter to advise of the intended rule amendments. Proposals also listed on the agency website.

Name of Agency Personnel Responsible for Drafting and Enforcement: Doug Blair, Burien, (206) 835-7309; and Implementation: Michael D. Parsons, Burien, (206) 835-7347.

Name of Proponent: Criminal Justice Training Commission staff, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Impact is minimal. Per WAC 139-05-200 [(2)](c)(i), this process would allow an administrative exemption, at the request of the applicant, and after review and recommendation by the staff. Approval of such requests will be by the commission at the regularly scheduled commission meetings.

Proposal Changes the Following Existing Rules: The change is necessary for the recognition of railroad police officers whose duties are primarily administrative in nature; not enforcing the laws or apprehending criminal suspects.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2), therefore an SBEIS is not required. RCW 19.85.025(2), this chapter does not apply to a rule proposed for expedited adoption under **RCW 34.05.230 (1) through (8), unless a written objection is timely filed with the agency and the objection is not withdrawn.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148-2055, on September 10, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Sonja Hirsch by September 8, 2003, TDD (206) 835-7300.

Submit Written Comments to: Sharon M. Tolton, Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148-2055, fax (206) 439-3860, by September 8, 2003.

Date of Intended Adoption: September 10, 2003.

June 16, 2003

Sharon M. Tolton

Deputy Director

OTS-6409.1


AMENDATORY SECTION(Amending WSR 02-02-004, filed 12/20/01, effective 1/20/02)

WAC 139-05-925   Requirement of training for railroad police officers.   (1) For the purpose of this regulation, the term "railroad police" means any individual appointed by the commission under the provisions of RCW 81.60.010 through 81.60.060.

(2) Effective January 1, 2002, as a precondition of any newly appointed railroad police officer to enforce the laws of this state, railroad police shall:

(a) Possess the commission's basic certificate, or in the alternative have successfully completed training and possess a basic certification from another state. In the event certification and training are from another state, the newly appointed railroad police officer must satisfactorily complete the equivalency course approved by the commission, within the first six months of employment.

(b) The above requirements do not apply to railroad police officers appointed prior to January 1, 2002; however, they may, if qualified, attend the equivalency academy.

(c) Railroad police officers whose primary duties are those of administration of other railroad police officers may request an administrative exemption from the above training requirements. Administrative exemptions may be granted by the commission provided that the initial grant and continuing effect of such exemption shall be governed by the provisions of WAC 139-05-200 (2)(c)(i).

(3) It shall be the responsibility of the railroad police officer's employing agency to effect and ensure personnel compliance herein, and provide necessary records, proof of background check information upon request of the commission to which the employing agency shall be accountable for purposes of compliance.

(4) The corporation requesting appointment of a railroad police officer shall bear the full cost of training or any other expenses.

[Statutory Authority: RCW 43.101.080. 02-02-004, 139-05-925, filed 12/20/01, effective 1/20/02. Statutory Authority: RCW 43.101.080(2). 90-07-012, 139-05-925, filed 3/13/90, effective 4/13/90.]

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