WSR 18-13-088
[Filed June 18, 2018, 12:24 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-10-026.
Title of Rule and Other Identifying Information: WAC 139-07-020 Background information.
Hearing Location(s): On Wednesday, September 12, 2018, at 10 a.m., at the Washington State Criminal Justice Training Commission (WSCJTC), 19010 1st Avenue South, Room C-121, Burien, WA 98148.
Date of Intended Adoption: September 12, 2018.
Submit Written Comments to: Sonja Peterson, 19010 1st Avenue South, Burien, WA 98148, email, by September 10, 2018.
Assistance for Persons with Disabilities: Contact Sonja Peterson, phone 206-835-7356, TTY 206-835-7300, email, by September 10, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Add language referencing lawful permanent resident and homeschool transcript to WAC 139-07-020. SB 6145 amended sections of chapter 43.101 RCW; these WAC changes will incorporate the amended RCW sections as described in SB 6145. Additionally, adding clarifying language in reference to educational requirements.
Reasons Supporting Proposal: SB 6145 changes to chapter 43.101 RCW.
Statutory Authority for Adoption: RCW 43.101.080.
Statute Being Implemented: Changes to chapter 43.101 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSCJTC staff, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Tisha Jones, Lacey, Washington, 360-486-2431.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
June 18, 2018
Sonja Peterson
Rules Coordinator
AMENDATORY SECTION(Amending WSR 13-02-060, filed 12/27/12, effective 1/27/13)
WAC 139-07-020Background information.
(1) Requirements for the applicant.
(a) Personal history statement. The applicant shall complete and submit to the employing agency a personal history statement on a form prescribed by the employer before the start of a background investigation. The personal history statement form shall contain questions and answers which aid in determining whether the person is suitable for employment as a certified peace officer or a reserve officer. The questions shall address whether the applicant meets the minimum requirements for employment, has engaged in conduct or a pattern of conduct which would jeopardize the public trust in the law enforcement profession, and is of good moral character.
(b) Information requirements. To assist with the background investigation, the applicant shall provide the following:
(i) ((Proof of United States citizenship.)) Verification of immigrant or citizenship status as either a citizen of the United States of America or a lawful permanent resident. A copy of ((a)) any of the following United States government or United States Citizenship Immigration Services documents are acceptable proof: A United States birth certificate, a United States passport, ((or United States naturalization papers is acceptable proof)) a permanent resident card, a certificate of naturalization, or a certificate of citizenship.
(ii) Proof of education. A certified copy of a diploma, certificate, ((or)) transcript, or homeschool transcript is acceptable proof.
(iii) Record of any military discharge. A certified copy of the Military Service Record (DD Form 214, Member 4) is acceptable proof.
(iv) Personal references. The names and addresses of at least three people who can provide information as personal references.
(v) Previous employers or school attendees. The names and addresses of all employers and schools attended within the last ten years, at a minimum.
(vi) Residence history. A listing of the complete residential addresses for the last ten years.
(2) Requirements of the agency. At a minimum, the agency shall include the following in its collection and assessment of an applicant's background information, which also includes determining if the information provided by the applicant is accurate and truthful. The agency shall:
(a) Query all the law enforcement agency records in jurisdictions listed in subsection (1)(b)(v) and (vi) of this section;
(b) Query the motor vehicle division driving records from any state listed in subsection (1)(b)(v) and (vi) of this section;
(c) Complete and submit a fingerprint card inventory sheet to the Federal Bureau of Investigation and Washington state patrol records division for query;
(d) Query the National Crime Information Center/Interstate Identification Index (NCIC/III) and the Washington Criminal Information Center/Washington State Identification System (WACIC/WASIS) or the equivalent for each state listed in subsection (1)(b)(v) and (vi) of this section;
(e) Contact a minimum of three references and a reasonable number of previous employers listed in subsection (1)(b)(iv) and (v) of this section and document the answers to inquiries concerning whether the person meets the standards of this section; and
(f) At the conclusion of all of the requirements of the collection and assessment of an applicant's background information, the agency shall complete a report that attests to all the requirements, including the requirements of WAC 139-05-220.