WSR 14-01-044 PERMANENT RULES CRIMINAL JUSTICE TRAINING COMMISSION [Filed December 11, 2013, 1:56 p.m., effective January 11, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Changes to WAC 139-05-210 Basic law enforcement certification of equivalency, are needed to provide clarification and to streamline the existing process and requirements.
(1) A peace officer whose certification, commission, and/or licensing has been revoked, sanctioned, suspended, or is under review by this state or any other state or territory is not eligible for a certificate of equivalency, regardless of the officer's prior years of law enforcement service.
(2) Applicants will now need to attend the first available session of the equivalency academy regardless if it is held within the first sixty days of hire. Equivalency academies are held every three months; this change will eliminate lengthy gaps in training.
(3) It is not the Washington state criminal justice training commission's responsibility to ensure future police officers have a current and valid driver's license and basic first aid card; the responsibility lies with the employing agency.
(4) All applicants must have emergency vehicle operations training. If they do not, it will be provided at the employer's expense.
Statutory Authority for Adoption: RCW 43.101.080.
Adopted under notice filed as WSR 13-21-059 on October 16, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 7 [1], Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7 [1], Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 11, 2013.
Sonja Hirsch
Rules Coordinator
AMENDATORY SECTION (Amending WSR 08-20-010, filed 9/18/08, effective 10/19/08)
WAC 139-05-210 Basic law enforcement certificate of equivalency.
(1) A peace officer whose certification, commission, and/or licensing has been revoked, sanctioned, suspended, or is under review by this state or any other state or territory is not eligible for a certificate of equivalency, regardless of the officer's prior years of law enforcement service. (2) A certificate of completion of equivalent basic law enforcement training is issued to applicants who successfully complete the equivalency process as required by the commission. For this purpose, the term "process" includes all documentation and prerequisites set forth in subsection (6) of this section and successful completion of all knowledge and skills requirements within the equivalency academy. (((2))) (3) Participation in the equivalency process is limited to: (a) Fully commissioned peace officers of a city, county, or political subdivision of the state of Washington, who otherwise are eligible to attend the basic law enforcement academy; or (b) Fully commissioned peace officers who have attained commissioned law enforcement status by completing a basic training program in this or another state. For this purpose, the term "basic training program" does not include any military or reserve training program or any federal training program not otherwise approved by the commission; or (c) Persons who have not attained commissioned peace officer status but have successfully completed a basic law enforcement academy recognized as a full equivalent to the Washington state basic law enforcement academy by the commission and within twelve months of the date of completion been made a conditional offer of employment as a fully commissioned peace officer in Washington state; or (d) Persons whose ((Washington)) peace officer certification, commission, and/or licensing has lapsed because of a break in service as a full-time, fully commissioned peace officer in this or any other state or territory for more than twenty-four months but less than sixty months and who are required to attend the equivalency. (((3))) (4) Applicants who are required to participate in the equivalency academy for the purpose of becoming a certified peace officer must attend the first available session of the equivalency academy ((following such applicant's date of hire unless the equivalency academy occurs within the first sixty days of the peace officer's initial date of employment in which case the peace officer must attend the next available academy)) as a condition of certification as a peace officer. Applicants approved to participate in the equivalency academy for training purposes only, will be admitted on a space available basis. It is the responsibility of the applicant's agency to ensure that all necessary forms and documentation are completed and submitted to the commission in a timely manner, and as necessary, to ensure that the participation provided by this section is affected. (((4) In those instances where an applicant has attended more than one basic training program, eligibility for participation in the equivalency process will be based upon successful completion of the most recent of such programs attended.)) (5) The decision to request an officer's participation in the equivalency process is discretionary with the head of the officer's employing agency, who must advise the commission of that decision by appropriate notation upon the hiring notification form. Upon receipt of such notification, the commission will provide all necessary forms and information. (6) Upon approval of an applicant's eligibility to participate in the equivalency process, the applicant's employing agency must submit to the commission the following documentation as a precondition of participation within such process: (a) ((Proof of the applicant's current and valid driver's license; (b) Proof of the applicant's current and valid basic first-aid card; (c))) A statement of the applicant's health and physical condition by an examining physician; (((d))) (b) A record of the applicant's firearms qualification; (((e))) (c) A liability release agreement by the applicant; and (((f))) (d) A criminal records check regarding such applicant. (7) If comparable emergency vehicle operations training has not been completed previously, the applicant will be required to complete the commission's current basic law enforcement academy emergency vehicle operation course, as scheduled by the commission; all costs associated with this training will be the responsibility of the law enforcement agency. (8) Upon completion of the equivalency process and review and evaluation of the applicant's performance, the commission will: (a) Issue a certificate of completion of equivalent basic law enforcement training; or (b) Issue a certificate of completion of equivalent basic law enforcement training upon the applicant's successful completion of additional training as the commission may require; or (c) Require completion of the commission's basic law enforcement academy.
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