[Filed June 11, 2025, 1:50 p.m., effective July 12, 2025]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Revising WAC 139-07-010 to add clarifying language for law enforcement or corrections agencies as to when a background check does not meet the certification requirements of RCW 43.101.105.

Citation of Rules Affected by this Order: Amending WAC 139-07-010.

Statutory Authority for Adoption: RCW 43.101.080.

Adopted under notice filed as WSR 25-07-084 on June 11, 2025 [March 17, 2025].

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: June 11, 2025.

AMENDATORY SECTION(Amending WSR 22-13-075, filed 6/9/22, effective 7/10/22)

WAC 139-07-010Conditional offers of employment.

(1) Any applicant who has been offered a conditional offer of employment as a certified officer must submit to a background investigation to determine suitability for employment.

(2) This includes certified officers whose certification has lapsed as a result of a break in service except those recalled to active military service.

(3) Hiring agencies may not make a nonconditional offer of employment prior to an applicant's completion of the background check.

(a) Hiring agencies shall verify in writing to the commission that they complied with all background check requirements prior to making any final offer of employment; and

(b) Responsibility for all background verification lies with the hiring agency.

(i) Upon completion of the background check, the hiring agency must certify that the background check has been satisfactorily completed and no disqualifying information has been found, including any conduct meeting the criteria requiring denial or revocation of certification set forth in RCW 43.101.105(2).

(ii) At its discretion, the commission may review and audit background checks for compliance with standards established by applicable statutes and rules.

(iii) The hiring agency has the duty to evaluate information obtained in a background check and assure that the applicant meets certification standards of RCW 43.101.105 (2) and (3).

(4) Reserve officers shall submit to the same background requirements as certified officers.