[Filed May 4, 2026, 8:47 a.m.]

Preproposal statement of inquiry was filed as WSR 26-07-003.

Title of Rule and Other Identifying Information: Filing of documents for hearings and terms of suspension and retraining.

Hearing Location(s): On June 10, 2026, at 10:00 a.m., at Washington State Criminal Justice Training Commission, Commission Room, 19010 1st Avenue South, Burien, WA 98148.

Date of Intended Adoption: June 10, 2026.

Submit Written Comments to: Lacey Ledford, 19010 1st Avenue South, Burien, WA 98148, email Lacey.Ledford@cjtc.wa.gov, beginning May 5, 2026, by June 10, 2026.

Assistance for Persons with Disabilities: Contact Lacey Ledford, phone 206-670-5813, email lacey.ledford@cjtc.wa.gov, by June 10, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These WAC guide law enforcement and other impacted parties on the certification hearings process. Updating WAC 139-06-080 to be in accordance with Administrative Procedure Act service rules for the filing of documents. Updating WAC 139-06-150 to be in accordance with RCW 43.101.105. Other general or consistency updates have been included.

Reasons Supporting Proposal: To increase clarity and understanding of our rules surrounding the filing of documents for hearings and terms of suspension and retraining.

Statutory Authority for Adoption: RCW 43.101.080.

Statute Being Implemented: RCW 43.101.080.

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

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kayla Wold, Burien, Washington, 206-372-5391.

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.

Is exempt under RCW 19.85.025(4).

Scope of exemption for rule proposal:

AMENDATORY SECTION(Amending WSR 25-19-056, filed 9/11/25, effective 10/12/25)

WAC 139-06-080Filing of documents for hearings.

(1) ((If a hearing is to be conducted in person, an original and five copies of the opening brief, witness list, exhibit list, and exhibits are to be submitted to the commission at: 19010 1st Avenue South, Burien, Washington 98148 as outlined in the prehearing order.

(a) All hearing documents received by the commission will be shared with the petitioner, respondent, and the administrative law judge (ALJ).

(b) In addition, an electronic copy of each document shall be provided to the commission, the petitioner, the ALJ, and the respondent or their representative. Service shall be accomplished in compliance with RCW 34.05.010(19).

(2) Witness lists must include a statement of the subject matter on which the witness is expected to testify. Failure to include subject matter in such a statement may be grounds for exclusion of testimony regarding that subject matter at the hearing.

(3) The petitioner and respondent may submit a proposed findings of fact and conclusion of law within three days of the conclusion of the hearing.))Once a request for hearing form is received, the commission will serve the document via email to the petitioner, the respondent, and the office of administrative hearings (OAH).

(a) All documents pertaining to the case must be submitted to the OAH in person, by mail, fax, or through the OAH electronic portal and served on the other party and the commission's hearing coordinator in compliance with WAC 10-08-110.

(b) If agreed by the parties, service may be accomplished through email. Otherwise, documents shall be served in compliance with RCW 34.05.010(19) and WAC 10-08-110.

(2) If the parties plan on presenting witnesses, their witness list must be timely filed as outlined in the prehearing conference order and include the following information:

(a) Name;

(b) Role;

(d) Address or email address if presenting virtually; and

(e) A description of the testimony the party anticipates the witness will give.

(3) If the parties plan on presenting exhibits, they must timely file an exhibit list and a fully marked set of their exhibits as outlined in the prehearing conference order. For each exhibit, the list must include the following information:

(a) Title or description of the exhibit;

(b) Date of the exhibit; and

(4) Each exhibit must be marked in the lower right-hand corner with an exhibit number and a page number.

(a) The petitioner will identify their exhibits numerically.

(b) The respondent will identify their exhibits alphabetically.

(5) If either party's contact information changes, they must immediately update the OAH and the opposing party.

(6) After the administrative law judge determines their admissibility, the commission's hearing coordinator will provide electronic copies of the admitted hearing materials, including witness lists, exhibit lists, exhibits and opening brief (if submitted), to the hearings panel.

(7) For hearings held in-person, the admitted hearing materials will be provided in a binder to the hearing panel members and the witnesses on the morning of the hearing.

(8) Either party may submit proposed findings of fact and conclusions of law within five days of the date the hearing concludes.

(9) Following the conclusion of the hearing, the hearings panel may, at its sole discretion, request an additional brief from the parties, including on whether retraining is appropriate under RCW 43.101.105 (3) and (4). The hearings panel may set page limits and a submissions deadline for any additional brief.

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

WAC 139-06-150Terms of suspension, probation, and retraining.

(1) The ((length and conditions of any suspension of a certification imposed under RCW 43.101.105 will be included in the final order.

(2) Consistent with any conditions included in a final order imposing a suspension of a certification under (1) of this section, the commission may require the respondent to take positive and substantial steps including retraining to reconcile the causes for which the hearings panel suspended the respondent's certification.

(3) The period of suspension of a certification may be for a specified length of time, conditioned upon the completion of retraining or other requirements specified in the final order, or both. However, the period of a suspension of a certification shall last no longer than one year.

(4) Any retraining imposed in a final order shall comply with a list of approved retraining maintained by the commission.

(5) When such conditions have been satisfactorily met and any mandatory minimum length of time has concluded, the commission shall issue a notice lifting the suspension.

(a) Prior to lifting a suspension, the commission shall ensure that any conditions of a suspension of certification as described in (1) of this section are completed; and

(b) The notice lifting the suspension will be provided to the respondent and the employing agency, if any.

(6) If after one year any conditions included in a final order imposing a suspension of a certification under (1) of this section have not been satisfactorily met, the commission shall seek to revoke the respondent's certification.))commission may require the respondent to take positive and substantial steps to reconcile the causes for which the hearing panel imposed sanctions. Under RCW 43.101.105 (3) and (4), the final order imposed shall include any conditions of suspension, probation, or retraining.

(2) In the final order, the period of suspension or probation may be:

(a) Set for a designated length of time;

(b) Conditioned upon the completion of retraining or other requirements identified in the order; or

(d) However, the period of a suspension shall last no longer than one year and no longer than two years for probation.

(3) Once the respondent has complied with the conditions imposed by a final order, the commission shall confirm that the conditions were satisfied and/or the mandatory period of suspension or probation has concluded. After confirming that the respondent has satisfied all conditions of the final order, the commission shall issue a notice to the respondent and the employing agency that all conditions have been met.

(4) If any conditions included in a final order have not been satisfactorily met, the commission may pursue revocation of the respondent's certification on such basis.