PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 04-13-133.
Title of Rule and Other Identifying Information: Amendment to WAC 446-20-600 Fees.
Hearing Location(s): Criminal Records Division, 3000 Pacific Avenue, Suite 202, Olympia, WA 98504-2619, on September 22, 2004, at 9:00 a.m.
Date of Intended Adoption: October 19, 2004.
Submit Written Comments to: Mr. Benjamin Carruth, P.O. Box 42633, Olympia, WA 98504-2633, e-mail Benjamin.Carruth@wsp.wa.gov, fax (360) 570-5274, by September 21, 2004.
Assistance for Persons with Disabilities: Contact Mr. Benjamin Carruth by September 21, 2004, (360) 570-5230.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The revisions will increase the fees charged to the general public and private entities conducting criminal history background checks.
Reasons Supporting Proposal: The last fee study for background checks was conducted in 1993. Since then, the costs associated with conducting background checks have increased. The ways to obtain criminal history have expanded from mailed inquiries to include walk-in customers and Internet access.
Statutory Authority for Adoption: RCW 10.97.100, 43.43.742.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of Financial Management, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mr. Benjamin Carruth, P.O. Box 42633, Olympia, WA 98504-2633, (360) 570-5230.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The fee changes will not impose more than minor costs on small businesses.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Mr. Benjamin Carruth, P.O. Box 42633, Olympia, WA 98504-2633, phone (360) 570-5230, fax (360) 570-5274, e-mail Benjamin.Carruth@wsp.wa.gov.
August 4, 2004
Lowell M. Porter
Chief
OTS-6343.1
AMENDATORY SECTION(Amending WSR 99-07-050, filed 3/15/99,
effective 4/15/99)
WAC 446-20-600
Fees.
(1) A nonrefundable fee of ((ten))
thirty-five dollars shall accompany each request for
conviction records submitted for a name and date of birth
background check or a ((twenty-five)) ten-dollar fee for a
name and date of birth electronic request, thirty dollar fee
if the request is submitted by fingerprint card at the state
level pursuant to RCW 43.43.830 through 43.43.845, and chapter 10.97 RCW unless through prior arrangement, an account is
authorized and established.
(2) A nonrefundable FBI fee of twenty-four dollars shall be charged for fingerprint cards submitted for federal searches. It shall be the responsibility of the Washington state patrol to collect all fees due and forward fingerprint cards and fees to the FBI.
(3) A nonrefundable fee of ((ten)) thirteen dollars shall
be charged for taking ((inked)) fingerprint impressions by the
Washington state patrol. Fees are to be deposited in the
Washington state patrol fingerprint identification account.
(4) All fees are to be made payable to the Washington state patrol and are to be remitted by cash, cashier's check, money order or check written on a business account. Credit cards may be used only for payment of electronic requests and for any other fingerprint or conviction record services the state patrol has implemented credit card payment procedures. The Washington state patrol identification and criminal history section shall adjust the fee schedule as may be practicable to ensure that direct and indirect costs associated with the provisions of these chapters are recovered.
(5) Pursuant to the provisions of RCW 43.43.838 and chapter 28A.410 RCW, no fees will be charged to a nonprofit organization, or volunteers in school districts and educational service districts for background checks.
[Statutory Authority: RCW 43.43.742 through 43.43.845 and chapter 10.97 RCW. 99-07-050, § 446-20-600, filed 3/15/99, effective 4/15/99. Statutory Authority: RCW 43.43.830 - [43.43.]845, chapters 10.97, 28A.400 and 74.15 RCW. 96-18-017, § 446-20-600, filed 8/26/96, effective 9/26/96.]