Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-02-060.

     Title of Rule and Other Identifying Information: Amending WAC 230-21-001 Purpose and new section WAC 230-21-030 Inspecting criminal history record information.

     Hearing Location(s): Comfort Inn Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, on November 15 or 16, 2012, at 9:00 a.m. or 1:00 p.m. NOTE: Meeting dates and times are tentative. Visit our web site at www.wsgc.wa.gov and select public meeting about ten days before the meeting to confirm meeting date/location/start time.

     Date of Intended Adoption: November 15 or 16, 2012. NOTE: Meeting dates and times are tentative. Visit our web site at www.wsgc.wa.gov and select public meeting about ten days before the meeting to confirm meeting date/location/start time.

     Submit Written Comments to: Susan Arland, P.O. Box 42400, Olympia, WA 98504-2400, e-mail SusanA@wsgc.wa.gov, fax (360) 486-3625, by November 1, 2012.

     Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by November 1, 2012, TTY (360) 486-3637 or (360) 486-3453.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal brings our rules current with state law, including ESB 6296 which became effective on June 7, 2012, and allows criminal justice agencies to provide copies of criminal history record information (CHRI) and charge reasonable fees for fingerprinting (to verify identities of requestors) or copies. This proposal outlines how individuals can access their CHRI held by us. RCW 10.97.080 requires all criminal justice agencies to adopt rules and have forms to facilitate the inspection, review, and copying of CHRI upon request.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: RCW 9.46.070, 10.97.080.

     Statute Being Implemented: Not applicable.

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

     Name of Proponent: Washington state gambling commission, governmental.

     Name of Agency Personnel Responsible for Drafting: Susan Arland, Rules Coordinator, Lacey, (360) 486-3466; Implementation: Rick Day, Director, Lacey, (360) 486-3446; and Enforcement: Mark Harris, Assistant Director, Lacey, (360) 486-3579.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was not prepared because the rule change would not impose additional costs on any businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. The Washington state gambling commission is not an agency that is statutorily required to prepare a cost-benefit analysis under RCW 34.05.328.

September 13, 2012

Susan Arland

Rules Coordinator

OTS-4970.1

AMENDATORY SECTION(Amending Order 616, filed 9/17/07, effective 1/1/08)

WAC 230-21-001   Purpose.   The purpose of this chapter is to ensure the Washington state gambling commission complies with the Public Records Act, chapter 42.56 RCW and the Criminal Records Privacy Act, chapter 10.97 RCW.

[Statutory Authority: RCW 9.46.070. 07-19-070 (Order 616), § 230-21-001, filed 9/17/07, effective 1/1/08.]

OTS-4971.2

NEW SECTION
WAC 230-21-030   Inspecting your criminal history record information.   You may inspect your criminal history record information (CHRI) held by us at our administrative office, during normal business hours, Monday through Friday, except for legal holidays. You must request your CHRI in writing on the form we require. CHRI is defined in RCW 10.97.030.

     (1) Before reviewing or obtaining copies of your CHRI, you must provide at least two forms of identification, one of which includes your photograph, such as your state issued identification, state issued driver license, or passport. Alternatively, you must provide fingerprints that will be taken at our administrative office and will be used for verification purposes.

     (2) We will charge a reasonable fee for fingerprinting and providing a copy of your CHRI.

     (3) After we verify your identity, we will notify you when you will be allowed to review your records.

     (4) You will be allowed a reasonable period of time to examine your CHRI at our administrative office.

     (5) If you need assistance, you may designate your counsel, interpreter, or other appropriate person to help you. You must consent, on the form we require, for the person to assist you.

     (6) If you would like to make corrections or challenge your CHRI, you must do so in accordance with RCW 10.97.080.

[]