WSR 18-19-066
PERMANENT RULES
CRIMINAL JUSTICE
TRAINING COMMISSION
[Filed September 17, 2018, 1:54 p.m., effective October 18, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: 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.
Statutory Authority for Adoption: RCW 43.101.080.
Other Authority: SB 6145.
Adopted under notice filed as WSR 18-13-088 on June 18, 2018.
Changes Other than Editing from Proposed to Adopted Version: 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.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 12, 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.