SERVICES FOR THE BLIND

[Filed September 30, 2025, 2:39 p.m.]

Preproposal statement of inquiry was filed as WSR 25-15-024.

Title of Rule and Other Identifying Information: Updating and clarifying existing chapter 67-16 WAC, General administration, for the department of services for the blind (department), all sections.

Hearing Location(s): On November 17, 2025, at 7:15 p.m., virtually via Zoom at https://dsb-wa-gov.zoom.us/j/94349638604?pwd=k86mvFMPV68nGRE0f6yEUSXfQkXgZJ.1. American Sign Language and CART provided.

Date of Intended Adoption: November 18, 2025.

Submit Written Comments to: Yvonne Verbraak, P.O. Box 40933, Olympia, WA 98504-0933, email yvonne.verbraak@dsb.wa.gov, fax 360-407-0679, beginning October 7, 2025, 00:01 [12:01] a.m., by November 17, 2025, 11:59 p.m.

Assistance for Persons with Disabilities: Contact Yvonne Verbraak, phone 360-725-3834, fax 360-407-0679, email yvonne.verbraak@dsb.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Simplifying the WAC with clearer definitions and processes to allow clarity for those who are required to be background checked. The department is also aligning with other state agencies that work with the vulnerable population.

Reasons Supporting Proposal: Making updates to reflect current state guidelines on background checks, providing clear definitions, and aligning with other state WAC.

Statutory Authority for Adoption: Chapter 74.18 RCW, Department of services for the blind; and P.L. 113-128 and 34 C.F.R. Part 361.

Statute Being Implemented: Chapter 67-16 WAC.

Rule is not necessitated by federal law, federal or state court decision.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Tricia Eyerly, 506 North 40th Avenue, Suite 102, Yakima, WA 98908, 509-575-2420.

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. Clarifying existing rules that have minimal cost associated.

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; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: This WAC chapter outlines the department's requirements and process for a background check to gain employment with the department or work on a contracted basis with the department's customers. There is a minimal charge incurred for having fingerprints collected and a background check to be run. These fees are not set by the department.

Scope of exemption for rule proposal:

Chapter 67-16 WAC

DEPARTMENT—((GENERAL ADMINISTRATION))BACKGROUND CHECKS

AMENDATORY SECTION(Amending WSR 18-14-101, filed 7/3/18, effective 8/3/18)

WAC 67-16-010((Physical and informational accessibility.))What is the purpose of this chapter?

(((1) It is the policy of the department of services for the blind that persons shall not be discriminated against (in employment or service) because of race, color, creed, religion, national origin, sexual orientation, age, sex, presence of any sensory, mental, or physical disability, or use of a trained dog guide or service animal by a person with a disability, disabled veteran status or Vietnam era veteran status, recently separated veteran status, or other protected veteran status and (in employment only) because of marital status.

(2) It is a violation of this nondiscrimination policy when inequitable practices, based on factors listed in subsection (1) of this section, occur in service delivery or employment. Some of these practices include: Denial of services or benefits; refusal to hire or promote; failure to provide appropriate interpreter services including American sign language (ASL); limiting access to services because of inaccessible facilities; failure to make reasonable accommodations to allow full participation of persons with disabilities in all programs, activities, and services; denial of the opportunity to act as a consultant or volunteer, or serve on committees and boards.

(3) The department nondiscrimination policy is consistent with Titles VI and VII of the Civil Rights Act of 1964, as amended in 1972; Executive Order 11250; sections 503 and 504 of The Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975; the Age Discrimination in Employment Act of 1967; the 1974 Vietnam Era Veteran Readjustment Assistance Act, as amended; the Americans With Disabilities Act of 1990; the Civil Rights Act of 1991; the Washington State Law Against Discrimination, chapter 49.60 RCW; Affirmative Action, chapter 49.74 RCW; and Policy 188 – Accessibility, Office of the Chief Information Officer.))The purpose of this chapter is to establish the standards for the department of services for the blind to conduct background checks for department of services for the blind applicants, volunteers, interns, service providers, and other individuals acting on behalf of the department of services for the blind.

AMENDATORY SECTION(Amending WSR 18-14-101, filed 7/3/18, effective 8/3/18)

WAC 67-16-020((Purpose and definition.))What definitions apply to this chapter?

((The authority for conducting background checks on contractors and service providers is established in chapter 74.18 RCW. The purpose for background checks is to ensure the suitability, character and competence of contractors and service providers to work with agency participants with a visual disability as defined in WAC 67-25-009, 67-35-030, 67-55-040, and/or 67-75-040.))(1) "Applicant" means a person who has applied for work in a department covered position including volunteers, students, or interns serving or working in a similarly situated position or any person who must meet state and federal background check requirements to work in a department covered position.

(2) "Authorized entity" means DSB employee(s) designated by the executive director of DSB to submit background checks.

(3) "Background check result" means a written notification that provides information on the results of the background check process conducted for an applicant or service provider. The following are all background check results:

(a) "Disqualifying result" means the executive director of DSB or designee has determined that the applicant or service provider's background check information has one or more items requiring automatic disqualification.

(b) "No record result" means the executive director of DSB or designee has determined no background information has been reported requiring automatic disqualification or review.

(4) "Customer" means an individual who is receiving services from DSB or service provider on behalf of DSB.

(5) "Department covered position" means a position that has:

(a) Unsupervised access to vulnerable individuals or youth; or

(b) Access to vulnerable individuals or youth's personal information as defined under RCW 19.255.005;

(6) "DSB" means the department of services for the blind.

(7) "Sensitive information" means any data that, if disclosed without authorization, could cause harm, compromise security, expose personal or confidential matters, or negatively impact an individual or the state.

(8) "Service provider" means entities, facilities, agencies, businesses, or individuals who are licensed, certified, authorized, or regulated by, receive payment from, or have contracts or agreements with DSB or its designee, to provide services to vulnerable individuals or youth or will have access to sensitive information.

(9) "Unsupervised access" means a person who:

(a) Works, volunteers, or serves in a setting that provides department services to vulnerable individuals or youth at their residence.

(b) Works, volunteers, or serves in a position where, during the course of their employment, contract, or service, may transport or visit the residence of a vulnerable individual or youth.

(c) Works, volunteers, or serves in a position, other than one described in (a) and (b) of this subsection, where the applicant, contractor, or service provider may be left alone with a vulnerable individual or youth during the course of their job. "Left alone" does not include the possibility of a public encounter or public interaction.

(10) "Vulnerable individual" means a person who is a customer of DSB who is blind:

(a) Has no vision or whose vision with corrective lenses is so limited that the individual requires alternative methods or skills to do efficiently those things that are ordinarily done with sight;

(b) Has an eye condition of a progressive nature which may lead to blindness;

(d) Other disability along with blindness.

(11) "Youth" means any person under 18 years of age.

AMENDATORY SECTION(Amending WSR 18-14-101, filed 7/3/18, effective 8/3/18)

WAC 67-16-030((Background check process for contractors, vendors, and service providers.))Must the executive director of DSB or designee conduct background checks on all applicants under final consideration for a department covered position?

(((1) The director of the department of services for the blind (DSB) shall investigate the conviction records, pending charges and disciplinary board final decisions for contractors, vendors, and service providers who will or may have unsupervised access to DSB participants.

(2) The investigation shall consist of a background check as allowed under the Washington State Criminal Records Privacy Act, RCW 10.97.050; the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834, and the Federal Bureau of Investigation. The background check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card.

(3) The director may waive the requirement for a background check if the contractor, vendor, or service provider has been cleared in a background check within the previous two years.

(4) When necessary, the director may engage a service provider, vendor, or contractor on a conditional basis, pending completion of the background check.

(5) The investigation shall include an examination of state and national criminal identification data. The director shall use the information solely for the purpose of determining the character, suitability and competence of the individual contractor or service provider to work with the department of services for the blind participants.

(6) The director shall provide the results of the background check in writing to the contractor, vendor, or service provider.

(7) The office of the director shall maintain confidential records of all background check information. Such information shall be limited to only those individuals processing the information within the department.

(8) The fingerprint criminal history records checks will be at the expense of the contractor or service provider.

(9) Current contractors, vendors, or service providers for whom disqualifying crimes are discovered in the background check process will be notified in writing. The written notification shall include notice of termination of the contract or service provider agreement and give the individual the right to request a review by the director of the department of services for the blind.))(1) The executive director of DSB or designee must conduct a background check, as authorized by statute, on applicants under final consideration for a department covered position.

(2) A national fingerprint-based background check will be conducted if required by state law, federal regulations, or presidential directive.

AMENDATORY SECTION(Amending WSR 18-14-101, filed 7/3/18, effective 8/3/18)

WAC 67-16-040((Department of services for the blind—Background check requirements for employees, applicants, volunteers and student interns.))Must the executive director of DSB or designee conduct background checks on all service providers wanting to do business with DSB?

(1) The executive director of ((the department of services for the blind shall conduct background checks on all employees in covered positions and applicants under final consideration for a covered position. A covered position is one in which a person will or may have unsupervised access to vulnerable participants or potential participants with vision disability. These participants or potential participants may also have other disabilities, such as developmental disabilities or mental health disabilities. Employees and applicants shall authorize the executive director of the department of services for the blind to conduct a background check.

(2) The requirement for background checks shall include the following:

(a) Any employee seeking a covered position because of a reduction in force, reallocation, transfer, promotion or demotion.

(b) Any applicant prior to appointment into a covered position, except when appointment is made on a conditional basis under subsection (7)(b) of this section.

(3) A background check will be conducted on the final preferred candidate prior to appointment.

(4) The executive director of the department of services for the blind shall use the results of a background check solely to determine the character, competence and suitability of a person for a covered position. The background check information shall consist of:

(a) A fingerprint check using a complete Washington state criminal identification fingerprint card.

(b) Conviction records, pending charges, and disciplinary board final decisions (if applicable).

(c) Evidence that substantiates or mitigates convictions, pending charges, and disciplinary board final decisions including, but not limited to:

(i) The employee or applicant's background check authorization and disclosure form;

(ii) The employee or applicant's age at the time of conviction, charge, or disciplinary board final decision;

(iii) The nature and severity of the conviction, charge, or disciplinary board final decision;

(iv) The length of time since the conviction, charge, or disciplinary board final decisions;

(v) The nature and number of previous offenses; and

(vi) The relationship between the nature of the conviction, pending charge, or disciplinary board final decision and the duties of the employee or applicant.

(5) A permanent employee with a background check disqualification may voluntarily resign, or be subject to disciplinary action in accordance with WAC 357-40-010.

(6) Interim measures that may be used while the executive director explores availability of actions (not to exceed thirty calendar days except in cases where there are investigations of pending charges):

(a) Voluntary use of accrued vacation, exchange, and/or compensatory time.

(b) Authorized leave without pay, if there is no paid leave available, or if the employee chooses not to use paid leave.

When considering the above actions, the agency will consider the least restrictive means necessary to prevent unsupervised access.

(7) The executive director of the department of services for the blind shall:

(a) Notify employees and applicants that a background check is required for covered positions;

(b) Develop procedures specifying when employees and applicants may be hired on a conditional basis pending the results of a background check; and

(d) Provide the employee/applicant with the results of the background check in writing;

(e) Notify employees of their promotional register rights when they have been separated from their position, either voluntarily or involuntarily due to a background disqualification.

(8) Failure to authorize the executive director of the department of services for the blind to conduct a background check disqualifies an employee or applicant from consideration for any covered position including an employee's current covered position.

(9) An applicant for a covered position who is denied employment due to a disqualifying finding, shall be given the right to request a review of the decision by the executive director.

Requests for review must be in writing and received by the executive director within fifteen calendar days of the postmark date of the notification or date of hand-delivery.

(10) Permanent nonrepresented employees may appeal to the personnel resources board in accordance with RCW 41.06.170 and rules promulgated thereunder including WAC 357-52-010. Represented employees may appeal to the Washington state federation of state employees under the terms of the collective bargaining agreement.

(11) Nothing in this rule shall limit the department of services for the blind executive director's use of other authorities to conduct background checks.

(12) Information pertaining to background checks is confidential and shall be used solely for the purpose of determining the character, suitability and competence of the applicant and/or employee. Access to background check information shall be limited to only those individuals processing the information for the department. Misuse of background check information is a criminal offense and may result in prosecution and/or disciplinary action as provided under WAC 357-40-010.

(13) The department of services for the blind will pay the costs associated with the background checks for current employees, applicants, volunteers, and student interns.))DSB or designee must conduct a background check, as authorized by statute, on all service providers who have unsupervised contact with vulnerable individuals or youth.

(2) A national fingerprint-based background check will be conducted if required by state law, federal regulations, or presidential directive.

AMENDATORY SECTION(Amending WSR 18-14-101, filed 7/3/18, effective 8/3/18)

WAC 67-16-050((Background check requirements for participants.))Must the executive director of DSB or designee conduct background checks on customers wanting to receive services from DSB?

((Background checks may be secured as a vocational rehabilitation assessment service for a participant who is seeking employment in a field that customarily requires a background check as a condition of employment. The department may obtain a criminal history background check verifying that the customer is not excluded from employment in the field or specific job as part of the participant's informed choice in exploring or selecting an employment goal.))(1) The executive director of DSB or designee may conduct a background check, as a vocational rehabilitation assessment service, for a customer who is seeking employment in a field that customarily requires a background check as a condition of employment.

(2) DSB may obtain a criminal history background check verifying that the customer is not excluded from employment in the field or specific job as part of the customer's informed choice in exploring or selecting an employment goal.

(3) A national fingerprint-based background check will be conducted if required by state law, federal regulations, or presidential directive.

WAC 67-16-060What is the executive director of DSB or designee's responsibilities in carrying out the requirements to conduct background checks?

The executive director of DSB or designee will:

(1) Develop policies and guidelines pertaining to background checks. The DSB's background check policies and guidelines must minimally address the following:

(a) Process for identifying department covered positions, contracts, and services;

(b) Notification to applicants and service providers that a background check is required for department covered positions or work;

(d) When a character, competence, and suitability review will be required to determine if the applicants and service providers may have unsupervised access to vulnerable individuals and youth or sensitive information;

(e) When rechecks may be initiated;

(2) Not further disseminate background check information unless authorized or required by law to do so; and

(3) Comply with public disclosure requirements and the rules of civil discovery when applicable.

WAC 67-16-070What information is considered in a background check conducted by DSB and how are the results of the background check used?

(1) The background check information considered by the executive director of DSB or designee will include, but is not limited to, conviction records, pending charges, and civil adjudications as defined in RCW 43.43.830.

(2) The background information must be used by executive director of DSB or designee to determine the character, competence, and suitability of the applicants and service providers to have unsupervised access to vulnerable individuals and youth.

(3) Background information that was the subject of a pardon, annulment, or other equivalent procedure will not disqualify any applicants, contractors, and service providers from having unsupervised access to vulnerable individuals and youth.

(4) Results of a background check may be discoverable pursuant to the rules of civil discovery, or subject to disclosure pursuant to a public records request.

WAC 67-16-080Must applicants and service providers authorize the executive director of DSB or designee to conduct a background check and what happens if they do not provide authorization?

(1) An applicant applying for a department covered position or a service provider wanting to conduct work on behalf of DSB must authorize the executive director of DSB or designee to conduct a background check which may include fingerprinting when required by state or federal law or regulations.

(2) Failure to authorize the executive director of DSB or designee to conduct a background check shall disqualify an applicant from consideration for any department covered position.

(3) Service providers who fail to authorize the executive director of DSB or designee to conduct a background check shall disqualify the service provider from providing services for DSB, including their current contract or service agreement.

WAC 67-16-090Who receives the results of a background check conducted by DSB?

(1) DSB follows laws related to the release of criminal history records (chapters 10.97 and 43.43 RCW), public disclosure (chapter 42.56 RCW), and other applicable laws when releasing background information.

(2) The authorized entity who submits a background check request receives a copy of the background check results.

(3) The executive director of DSB or designee receives a copy of the background check results.

(4) The hiring manager of the DSB position the applicant has applied for receives only the disqualifying result or no record result letter.

(5) The individual who is background checked may request a copy of their background check results.