Effective Date of Rule: January 1, 2013.

     Purpose: This rule change sets out how individuals can review their criminal history record information in our files and brings our rules current with state law; including ESB 6296, which was passed during the 2012 session to allow criminal justice agencies to provide copies of criminal history record information and charge reasonable fees for fingerprinting (to verify identities of requestors) or copies.

     Reasons supporting proposal: See above.

     Citation of Existing Rules Affected by this Order: Amending WAC 230-21-001.

     Statutory Authority for Adoption: RCW 9.46.070 and 10.97.080.

      Adopted under notice filed as WSR 12-19-052 on September 13, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.

     Date Adopted: November 15, 2012.

Susan Newer

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-4971.3

REQUESTING CRIMINAL HISTORY RECORD INFORMATION
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.

[]