Preproposal statement of inquiry was filed as WSR 07-16-045.
Title of Rule and Other Identifying Information: Chapter 352-18 WAC, Background checks for job applicants, volunteers, and independent contractors, this proposal creates a new chapter that establishes the requirements for criminal history record information searches for state parks' job applicants, volunteers, and independent contractors.
Hearing Location(s): Lakeway Inn and Conference Center, 714 Lakeway Drive, Bellingham, WA 98229, (360) 671-1011 or fax (360) 676-8519, on November 15, 2007, at 9:00 a.m.
Date of Intended Adoption: November 15, 2007.
Submit Written Comments to: Pamela McConkey, P.O. Box 42650, Tumwater, WA 90850-2650 [98504-2650], e-mail Pamela.McConkey@parks.wa.gov, phone (360) 902-8595, fax (360) 664-2106, by November 8, 2007.
Assistance for Persons with Disabilities: Contact Pauli Larson by November 1, 2007, TTY (360) 664-3133 or (360) 902-8505.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In 2005, the legislature directed state parks to adopt rules establishing the requirements for a criminal history record information search for job applicants, volunteers and independent contractors who have unsupervised access to children or vulnerable adults, or who will be responsible for collecting or disbursing cash or processing credit/debit card transactions. These rules will set forth the procedures for conducting criminal history record information searches, disqualification and appeal rights.
Reasons Supporting Proposal: To comply with RCW 79A.05.030(10), created by HB 1313 (chapter 373, Laws of 2005), which provides that the Washington state parks and recreation commission shall: "Adopt rules establishing the requirements for a criminal history record information search for the following: Job applicants, volunteers, and independent contractors who have unsupervised access to children or vulnerable adults, or who will be responsible for collecting or disbursing cash or processing credit/debit card transactions. These background checks will be done through the Washington state patrol criminal identification section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints. A permanent employee of the commission, employed as of July 24, 2005, is exempt from the provisions of this subsection."
Statutory Authority for Adoption: RCW 79A.05.070.
Statute Being Implemented: RCW 79A.05.030(1).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state parks and recreation commission, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Pamela McConkey, State Park Headquarters, P.O. Box 42650, Tumwater, WA 98504-2650, (360) 902-8595; and Enforcement: Phil Shave, State Park Headquarters, P.O. Box 42650, Tumwater, WA 98504-2650, (360) 902-8606.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This chapter of administrative rule does not regulate or have economic impact through regulations on small business. There are no compliance costs to small business as a result of the modifications to these rules.
A cost-benefit analysis is not required under RCW 34.05.328. Significant legislative rule-making requirements are not imposed on the state parks and recreation commission, nor has the commission voluntarily applied those requirements.
October 1, 2007
Administrator of Statewide
BACKGROUND CHECKS FOR JOB APPLICANTS,
VOLUNTEERS AND INDEPENDENT CONTRACTORS
"Child" means an individual that has not reached the age of sixteen.
"Criminal background check" means a criminal history record information search that may include but is not limited to, the following:
(a) A record check of arrests and convictions through the Washington state patrol;
(b) Fingerprints processed through the FBI to obtain a complete criminal history.
"Independent contractor" means any independent for-profit or nonprofit private person or organization with which the commission has or is considering a contractual relationship. In the case of large organizations, the contractor background to be reviewed is that of the organization's principal on-site manager.
"Unsupervised access" means that an individual will or may be left alone with a child or vulnerable adult at any time or any length of time.
"Volunteer" means a person who is willing to work without expectation of salary or financial reward.
"Vulnerable adult" means adults of any age who lack the functional, mental, or physical ability to care for themselves. As defined in chapter 74.34 RCW "vulnerable adult" includes a person: Found incapacitated under chapter 11.88 RCW; or who has a developmental disability as defined under RCW 71A.10.020; or admitted to any facility; or receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or receiving services from an individual provider.
(1) Have unsupervised access to children or vulnerable adults; and
(2) Persons who will be responsible for collecting or disbursing cash or processing credit/debit card transactions.
(2) Convictions for certain crimes may prohibit you from working, volunteering, or contracting with Washington state parks. Those convictions include but are not limited to:
(a) A crime against another person;
(b) A crime against a child (including child pornography);
(c) Child abuse and/or neglect;
(d) Spousal abuse;
(e) Animal cruelty crimes;
(f) A crime relating to the possession, sale, distribution, manufacture or use of an illegal drug;
(g) Indecent exposure;
(h) Fraud or false pretenses in obtaining something of value;
(i) Larceny or a misdemeanor theft by taking;
(j) Soliciting for prostitutes;
(k) Pattern of failure to file federal tax returns in years in which taxes are due;
(l) Criminal issuance of a bad check;
(m) Make a false report of a crime.
(3) Washington state parks may consider the following mitigating factors:
(a) The seriousness of the crime that led to the conviction;
(b) The number and types of other convictions in your background;
(c) Your age at the time of conviction;
(d) The amount of time that has passed since your conviction; and
(e) Documentation indicating that you have successfully completed all court-ordered programs and restitution.
(2) Washington state parks will follow laws related to the release of criminal history records (chapter 10.97 RCW and RCW 43.43.570) and public disclosure (chapter 42.17 RCW) when releasing any information.
(2) Disqualified individuals may provide, in writing, justification/explanation with supporting documentation to the state parks director requesting further consideration at 7150 Cleanwater Drive, P.O. Box 42650, Olympia, WA 98504.
(2) Washington state parks will not hire, continue to employ, allow volunteering, or contracting with individuals who make false statements orally or in writing regarding the criminal background check.
(3) Any person making false statements regarding their criminal background check may be denied employment or their employment terminated.
(4) Any person refusing a criminal background check may be refused employment.