WSR 10-04-120




[ Filed February 3, 2010, 11:23 a.m. ]

Subject of Possible Rule Making: Repeal WAC 139-05-205 Administrative exemption.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.101.080.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On January 1, 2002, peace officer certification went into effect. One of the requirements for a person to be certified as a Washington state peace officer or tribal law enforcement officer is to complete the basic law enforcement academy or the basic law enforcement equivalency academy. WAC 139-05-205 allows persons who are the heads of law enforcement agencies with ten or more commissioned law enforcement officers to be exempt from this training. This action waives the training requirement, but does not allow the person exempted to enforce the laws of the state of Washington and does not authorize the exempt person to be a certified peace or tribal law enforcement officer. WAC 139-05-205 is in conflict with the certification requirements and is no longer necessary. WAC 139-03-030 allows an agency to request an exemption, waiver, extension, or variance from the rules set by the Washington state criminal justice training commission (WSCJTC) and is still available to be used for such purpose.

Process for Developing New Rule:

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Doug Blair, Certification Manager, WSCJTC, 19010 1st Avenue South, Burien, WA 98148, e-mail, phone (206) 835-7332; or Sonja Hirsch, Rules Coordinator, WSCJTC, 19010 1st Avenue South, Burien, WA 98148, e-mail, phone (206) 835-7372. Commissioners, board members, and stakeholders were advised of the proposed rule changes via e-mail. Proposed changes were also listed on the agency web site.

February 3, 2010

Sonja Hirsch

Rules Coordinator

Washington State Code Reviser's Office