Title 139 WAC — Criminal Justice Training Commission

Chapter 139-01 General administration and definitions.

Wash. Admin. Code § 139-01-100 Description of central and field organization.

The commission consists of the executive director, staff, and 21 commissioners. The executive director will approve recommendations for training consistent with adopted goals and standards. The executive director will approve recommendations and other matters of the commission that require staff involvement to implement and will direct such assignments to appropriate personnel. The commissioners will review other recommendations for approval or rejection. The commissioners determine agency policy and the director and staff implement the policy established by the commissioners. The commissioners approve agency policies that establish or change the direction of the commission. The commissioners empower the executive director to make decisions regarding all internal functions related to the operation of the commission. This includes, but is not limited to, management of personnel decisions, budget and finance, development and implementation of internal operational and organizational policies and procedures. The executive director will develop a strategic plan for the future of the agency with input and final approval from the commissioners.

The business office of the commission is located at 3060 Willamette Drive N.E., Lacey, Washington 98516. The mailing address is Post Office Box 40905, Olympia, Washington 98504. It is maintained by the commission's executive director and staff from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays and the days the commission is closed, and serves as a central repository for the commission's records of administration and operation.

The Criminal Justice Training Center, 19010 1st Avenue, Burien, Washington 98148, serves as the commission's primary training site. Other training is conducted locally, regionally, or at centralized locations statewide, as determined by staff.

History

Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-01-100, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 04-07-146, § 139-01-100, filed 3/23/04, effective 4/23/04
WSR 00-17-017, § 139-01-100, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 86-19-021 (Order 1-B), § 139-01-100, filed 9/10/86.

Wash. Admin. Code § 139-01-210 Operating policy of Washington state criminal justice training commission.

(1) The Washington state criminal justice training commission shall approve annual training schedules and budgets and may adopt standards and/or goals for criminal justice personnel and disciplines within its purview.

(2) The executive director of the commission may approve training programs or activity not included within an approved annual training schedule if he/she determines that sufficient resources exist and such program or activity is consistent and identifiable with an adopted standard or goal of the commission.

History

Statutory Authority: RCW 43.101.080(2). WSR 86-19-021 (Order 1-B), § 139-01-210, filed 9/10/86.

Wash. Admin. Code § 139-01-310 Definitions for Title 139 WAC.

The following definitions apply to Title 139 WAC, unless otherwise defined in a specific chapter or subchapter of this title.

(1) Affiliation means advocating for or providing material support or resources to extremist organizations by:

(a) Knowingly or publicly displaying, posting, or wearing associated items, symbols, costumes, insignias, slogans, tattoos, or body modifications on public property, private property, online, or digitally;

(b) Making public statements in support of an extremist group's activities including, but not limited to, online statements;

(c) Fund-raising for, or making personal contributions through donations, services, or payments of any kind to a group or organization that engages in extremist activities;

(d) Organizing or participating in the activities of an extremist organization;

(e) Recruiting or training others to engage in extremist activities;

(f) Recruiting or training others on behalf of an extremist organization;

(g) Creating, organizing, or taking a leadership role in a group or organization that engages in or advocates for extremist activities; or

(h) Actively demonstrating or rallying in support of extremist activities.

(2) Applicant means an individual who must satisfy the requirements of RCW 43.101.095 as a condition of employment.

(3) Certified limited authority peace officer means any limited authority Washington peace officer as defined in subsection (22) of this section who as a normal part of their duties has powers of arrest and carries a firearm.

(4) Certified officer, unless otherwise specified, means any full-time, general authority peace officer, certified limited authority peace officer, certified tribal police officer, and corrections officer as defined in RCW 43.101.010 (6), (10), and (12).

(5) Certified tribal law enforcement agency means any tribal law enforcement agency in Washington who has signed a tribal certification agreement with the commission as outlined in WAC 139-06-015 and who is currently in good standing.

(6) Certified tribal police officer means any police officer employed by a certified tribal law enforcement agency who has completed the requirements of certification.

(7) Commission means the Washington state criminal justice training commission.

(8) Conclusion means the final disposition issued by an employing agency after it has conducted an investigation into alleged misconduct or policy violation.

(9) Day means one calendar day. Computation of time does not include the day of the act or event from which the designated period of time begins to run. The last day of the period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next weekday that is not a legal holiday.

(10) Denial means a commission decision to refuse to grant certification to a prospective certified officer.

(11) Discipline means an oral reprimand (where a written record of the reprimand has been placed in an employee's file), written reprimand, suspension, demotion, or termination. Discipline does not include performance reviews, work plans, or corrective actions that do not include a reprimand or other adverse employment action.

(12) Executive means the head of a law enforcement agency, such as chiefs, sheriffs, directors, or other equivalent positions.

(13) Expired certification means that a certified officer has had a break in service of over 60 months and their certification is no longer valid.

(14) Extremist organization means an organization or persons that:

(a) Seeks to undermine the democratic process through intimidation, violence, unlawful threat, or by depriving individuals of their rights under the United States Constitution or Washington state Constitution;

(b) Promotes the changing of American government structures through undemocratic means involving violence, unlawful threat, or intimidation;

(c) Promotes hatred, intolerance, unlawful discrimination, intimidation or violence against, public marginalization, or disenfranchisement of protected classes, including on the basis of sex, sexual orientation, gender, perceived gender, or gender expression, race, color, religion, ability, or national origin and other protected classes under RCW 49.60.030 and 43.101.105 (3)(h);

(d) Espouses, advocates, or engages in using force, violence, or unlawful threat to further explicit racism, antisemitism, anti-Muslim, white supremacy or any white nationalist ideology, or any ideology that discriminates based on religion or belief; or

(e) Espouses or advocates that the powers held by local law enforcement executives, and their interpretation of the law, supersedes those of any other federal, state, or local authority.

(15) Final disposition means an employing agency's final decision on a misconduct investigation. The final disposition is not dependent upon any appeals brought by an officer.

(16) Findings or findings of fact and conclusion of law means a determination based on a preponderance of the evidence whether alleged misconduct occurred; did not occur; occurred but was consistent with law and policy; or can neither be proven or disproven.

(17) General authority Washington law enforcement agency means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, as distinguished from a limited authority Washington law enforcement agency, and any other unit of government expressly designated by statute as a general authority Washington law enforcement agency. The Washington state patrol and the department of fish and wildlife are general authority Washington law enforcement agencies.

(18) General authority Washington peace officer means any full-time, fully compensated and elected, appointed, or employed officer of a general authority Washington law enforcement agency who is commissioned to enforce the criminal laws of the state of Washington generally.

(19) Lapsed certification means that a certified officer has had a break in service of at least 24 months, but no more than 60 months, and that as a condition of continuing employment the officer must complete the commission's equivalency process.

(20) Law enforcement personnel means any person elected, appointed, or employed as a general authority Washington peace officer or certified limited authority peace officer.

(21) Limited authority Washington law enforcement agency means any agency, political subdivision, or unit of local government of this state, and any agency, department, or division of state government, having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas including, but not limited to, the state department of natural resources and social and health services, the state gambling commission, the state department of corrections, and the office of independent investigations.

(22) Limited authority Washington peace officer means any full-time fully compensated officer of a limited authority Washington law enforcement agency empowered by that agency to detect or apprehend violators of the laws in some or all of the limited subject areas for which that agency is responsible.

(23) Peace officer means any officer of general authority or certified limited authority as defined in subsections (18) and (22) of this section respectively.

(24) Petitioner means the commission's certification division.

(25) Probationary periods or probationary terms means a determination by a hearing panel that a certified officer may work under supervision based on agreed-upon terms.

(26) Recruit means an individual registered for, selected for, accepted to, enrolled in, or required to complete a basic training academy.

(27) Reserve officer means any person who does not serve as a peace officer of this state on a full-time basis, but who, when called by an agency into active service, is fully commissioned on the same basis as full-time officers to enforce criminal laws of this state.

(28) Respondent means the certified officer against whom the petitioner has filed a statement of charges.

(29) Retraining means the teaching or reteaching of skills and conduct required to succeed as a certified officer and imposed by the commission's hearings panel in a final order pursuant to RCW 43.101.105.

(30) Revocation means to cancel a certified officer's certification.

(31) Serious injury means substantial bodily harm and great bodily harm as defined in RCW 9A.04.110 (4)(b) and (c).

(32) Specially commissioned Washington peace officer means any officer, whether part-time or full-time, compensated or not, commissioned by a general authority Washington law enforcement agency to enforce some or all of the criminal laws of the state of Washington, who does not qualify under as a general authority Washington peace officer for that commissioning agency, specifically including reserve peace officers, and specifically commissioned full-time, fully compensated peace officers duly commissioned by the states of Oregon and Idaho or any such peace officer commissioned by a unit of local government of Oregon or Idaho.

(33) Surrender means that a holder of a certificate voluntarily relinquishes their certificate. This may happen while pending potential discipline or for any other reason.

(34) Suspension means a determination by a hearing panel on agreed-upon terms that a certified officer's certification will be withheld and the officer will be temporarily prevented from performing the duties of a certified officer during the determined period.

History

Statutory Authority: RCW 43.101.080. WSR 23-19-038, § 139-01-310, filed 9/13/23, effective 10/14/23
WSR 23-01-086, § 139-01-310, filed 12/16/22, effective 1/16/23. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-01-310, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080(2). WSR 86-19-021 (Order 1-B), § 139-01-310, filed 9/10/86.

Wash. Admin. Code § 139-01-400 Facility use.

(1) The commission will not make its facilities or services available to individuals or organizations which do not assure that they will comply with the terms of the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the Washington law against discrimination. Uses must not impose restrictions or alter facilities in a manner which would violate these laws.

(2) The commission will only make its facilities or services available to individuals or organizations which assure that they do not discriminate against any person because of race, color, religion, national origin, sex, sexual orientation, age, handicap, or status as a Vietnam era or disabled veteran, except where such organizations have been exempted from provisions of applicable state or federal laws or regulations.

(3) The buildings and grounds of the commission are primarily for training purposes. No other use shall be permitted to interfere with the primary purpose for which these facilities are intended. Facilities shall not be made available for any use which might result in any undue damage or wear. The commission reserves the right to reject any application for use of its facilities.

(4) Every possible opportunity will be provided for the use of the commission facilities by citizens of the area, provided that the purpose of such use is in compliance with the rules and regulations of the commission and is subject to the laws of the state of Washington.

(5) The commission reserves the right to prohibit the use of its facilities by groups, or activities, which are secret, which are of a private nature, or which restrict membership or attendance in a manner inconsistent with the public and nondiscriminatory character of the commission. Subversive organizations as defined and listed by the Attorney General of the United States shall not be eligible to use the commission facilities.

(6) The use or possession of alcohol on the facility premises is prohibited except for approved training purposes.

History

Statutory Authority: RCW 43.101.080. WSR 02-02-004, § 139-01-400, filed 12/20/01, effective 1/20/02.

Wash. Admin. Code § 139-01-405 Licensee's responsibility.

Individuals or organizations wishing to use commission facilities must complete a facility use agreement and submit it to the facilities maintenance office, or facility manager for approval. The licensee shall accept responsibility for any damage done to the commission property. Completion of the use agreement shall constitute acceptance by the licensee of the responsibilities stated therein and willingness to comply with all rules and regulations regarding the use of the facilities as prescribed by the commission. If the use of the facility does not comply with the terms in the agreement form, an additional charge may be assessed. In the event of property damage, the licensee shall accept and pay the commission's estimate of the amount of damage. The commission may require posting of a bond.

History

Statutory Authority: RCW 43.101.080. WSR 02-02-004, § 139-01-405, filed 12/20/01, effective 1/20/02.

Wash. Admin. Code § 139-01-411 Care and maintenance of facilities and equipment.

(1) Appropriate equipment is expected to be used when the absence of such equipment may be detrimental to that facility (e.g., tennis shoes must be worn on gymnasium floors).

(2) Individuals or organizations using the facilities are required to leave the premises in the same condition as when the individual or organization was admitted to its use. After facility use, individuals or organizations are required to arrange for proper disposal of decorations and other refuse when restoring the facility to its original condition for resumption of facility use.

(3) Custodial and other services beyond those regularly scheduled to support normal activities may be required for specific activities by outside groups, based on the size of group, the complexities of the event, or the facilities being used. Custodial services needed beyond those normally scheduled will result in that organization being charged at the established rate. All extra custodial time required as a result of the organization's or individual's use of the facility will be charged to the lessee, including those receiving complimentary usage.

History

Statutory Authority: RCW 43.101.080. WSR 02-02-004, § 139-01-411, filed 12/20/01, effective 1/20/02.

Wash. Admin. Code § 139-01-421 Use fees.

The use fee depends on the purpose of the activity and the nature of the group using the facility, which shall be determined based on the current prevailing economic situation and consistent with the standard charge within the local geographical area. The actual fee will be set by the commission and shall be made known to any entity inquiring to use the facility.

History

Statutory Authority: RCW 43.101.080. WSR 02-02-004, § 139-01-421, filed 12/20/01, effective 1/20/02.

Chapter 139-02 Public records.

Wash. Admin. Code § 139-02-010 Authority and purpose.

(1) These rules establish procedures the Washington state criminal justice training commission will follow to provide full access to public records. These rules:

(a) Provide information to persons wishing to request commission public records; and

(b) Establish processes for both requestors and commission staff to fully assist the public in obtaining such access.

(2) In carrying out its public records responsibilities the commission will be guided by the provisions of chapter 42.56 RCW, the Public Records Act.

History

Statutory Authority: RCW 43.101.080 and 42.56.040. WSR 22-19-001, § 139-02-010, filed 9/7/22, effective 10/8/22
WSR 09-13-066, § 139-02-010, filed 6/16/09, effective 7/17/09. Statutory Authority: RCW 43.101.080. WSR 00-17-017, § 139-02-010, filed 8/4/00, effective 9/4/00.

Wash. Admin. Code § 139-02-021 Definitions.

The definitions set forth in RCW 42.56.010 apply throughout this chapter. In addition, the definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) Commercial purposes means a business activity by any form of business enterprise intended to generate revenue or financial benefit.

(2) Customary business hours refers to Burien administrative office hours as provided on the commission's website at cjtc.wa.gov, excluding holidays and days the commission is closed.

(3) Electronic format or electronic records or electronic records format refer to digital records as distinct from paper; examples include email, Word or Excel documents, PDF, or media files.

(4) Executive director means the executive director of the Washington state criminal justice training commission.

(5) Page means one impression/image on a single side of a standard 8" x 11" sheet of paper. It also applies to one electronic image of a single side of a sheet of paper. For example, the commission considers a physical sheet of paper with an impression/image on both sides as two pages.

(6) Public Records Act means the same as chapter 42.56 RCW.

(7) Public records officer means the public records officer or designee for the commission appointed by the executive director.

(8) Request or public records request means a public records request made pursuant to chapter 42.56 RCW.

History

Statutory Authority: RCW 42.56.040 and 43.101.080. WSR 24-13-058, § 139-02-021, filed 6/13/24, effective 7/14/24
WSR 22-19-001, § 139-02-021, filed 9/7/22, effective 10/8/22.

Wash. Admin. Code § 139-02-040 About the Washington state criminal justice training commission and public records officer.

(1) The Washington state criminal justice training commission is the state training academy for law enforcement and corrections professionals. The commission's campus is located in Burien, WA at 19010 1st Avenue South. The commission has a fiscal office in Lacey, WA located at 3060 Willamette Drive N.E.

(2) Any person wishing to request access to public records of the commission, or seeking assistance in making such a request, should contact the public records officer of the commission:

Public Records Officer

Washington State Criminal Justice Training Commission

MS: TB-35

19010 1st Avenue South

Burien, WA 98148

Phone: 206-835-7300

Email: Recordsrequests@cjtc.wa.gov

Public records requests can be made and additional information is available at the commission's website at cjtc.wa.gov.

(3) The public records officer will oversee compliance with the act, but another commission staff member may process the request. Therefore, these rules will refer to the public records officer or designee. The public records officer or designee and the commission will:

(a) Provide the fullest assistance to requestors;

(b) Create and maintain for use by the public and commission officials an index to public records of the commission;

(d) Prevent fulfilling public records requests from causing excessive interference with essential functions of the commission.

History

Statutory Authority: RCW 43.101.080 and 42.56.040. WSR 22-19-001, § 139-02-040, filed 9/7/22, effective 10/8/22. Statutory Authority: RCW 43.101.080. WSR 21-07-039, § 139-02-040, filed 3/10/21, effective 4/10/21. Statutory Authority: RCW 43.56.040 [42.56.040] and 43.101.080. WSR 09-13-066, § 139-02-040, filed 6/16/09, effective 7/17/09. Statutory Authority: RCW 43.101.080. WSR 05-01-109, § 139-02-040, filed 12/15/04, effective 1/15/05
WSR 00-17-017, § 139-02-040, filed 8/4/00, effective 9/4/00.

Wash. Admin. Code § 139-02-050 Availability of public records.

(1) Hours for inspection of records. Public records are available for inspection and copying by appointment, per WAC 139-02-090(9), during customary business hours of the commission. Records must be inspected at the Burien campus of the commission.

(2) Records index.

(a) The commission shall have available to all persons on its website a current index which provides identifying information as to the following records:

(i) No historical index exists for records issued before July 1, 1990;

(ii) Final orders entered after June 30, 1990, that are issued in adjunctive proceedings as defined in RCW 34.05.010(1) and contain an analysis or decision of substantial importance to the commission in carrying out its duties;

(iii) Declaratory orders entered after June 30, 1990, that are issued pursuant to RCW 34.05.240 and contain an analysis or decision of substantial importance to the commission in carrying out its duties;

(iv) Interpretive statements as defined in RCW 34.05.010(8) that were entered after June 30, 1990;

(v) Policy statements as defined in RCW 34.05.010(14) that were entered after June 30, 1990; and

(vi) Meeting minutes of the governing body of commission.

(b) The system of indexing shall be as follows:

(i) The indexing system shall be administered by the commission's public records officer.

(ii) The record indexes shall be available under the public record section on the commission's website for public inspection and copying.

(iii) The public records officer shall establish and maintain a separate index for each item of this subsection as follows:

(A) All final orders and declaratory orders determined by the commission to contain analyses or decisions of substantial importance to the commission shall be listed alphabetically by the titles of the hearing or controversy and shall contain a phrase describing the important issue or issues.

(B) Interpretive statements and policy statements shall be indexed by the applicable program.

(iv) The public records officer shall update all indexes at least once a year and shall revise such indexes when deemed necessary.

(3) Organization and protection of records.

(a) The commission maintains its records in a reasonably organized manner and takes reasonable actions to protect records from damage and disorganization. If commission records are maintained in a digital format, they will be provided digitally in response to a public records request. If records are maintained and inspected on paper, a requestor may ask for copies.

(b) Records will be made available to the requestor for inspection subject to the following restrictions:

(i) Only the public records officer or designee will remove records from the designated inspection area.

(ii) The quantity of records may be limited in accordance with the available space.

(iii) All possible care shall be taken by the requestor to prevent damage to the records.

(iv) Records shall not be marked, altered, cut or mutilated in any way.

(v) During inspection, eating, drinking, and smoking are prohibited.

(vi) Records shall not be defaced in any way including writing on, folding or folding anew if in folded form, tracing or fastening with clips or other fasteners except those that already exist in the file.

(vii) Records must be kept in the order in which received.

(viii) Commission personnel will provide all requested copies of records.

(ix) The public records officer or designee will remove the records from the inspection area when no longer required by the requestor and no later than the end of the customary business hours.

(c) Records may be available on the commission website at cjtc.wa.gov. Requestors are encouraged to view the documents available on the website prior to submitting a records request.

(4) Making a request for public records.

(a) Any person wishing to inspect or obtain copies of public records of the commission shall make the request in writing using the commission public record request website, by letter, or email addressed to the public records officer. Each request should include the following information:

(i) Name of requestor;

(ii) Address of requestor;

(iii) The calendar date of the request;

(iv) Other contact information, including telephone number and/or an email address; and

(v) Identification or description of the public records adequate for the public records officer or designee to locate the records.

(b) Communications seeking commission records sent or provided to unauthorized locations, addresses or staff, will not be accepted or processed as public records request. Any such communication will be processed as general informal inquiries, general correspondence, general requests for information, or discovery as appropriate. The requestor may resubmit his/her request to the public records officer or designee at the Burien office during customary business hours.

(c) If the requestor wishes to have copies of the records made instead of inspecting them, the request should so indicate. Costs will be assessed in compliance with WAC 139-02-070.

(d) If requestors wish to inspect rather than obtain copies of records, they must indicate this preference in their requests and the requestor must follow the rules of requesting to inspect public records provided in WAC 139-02-090 (9).

History

Statutory Authority: RCW 42.56.040 and 43.101.080. WSR 24-13-058, § 139-02-050, filed 6/13/24, effective 7/14/24
WSR 22-19-001, § 139-02-050, filed 9/7/22, effective 10/8/22. Statutory Authority: RCW 43.101.080. WSR 21-07-039, § 139-02-050, filed 3/10/21, effective 4/10/21. Statutory Authority: RCW 43.56.040 [ 42.56.040] and 43.101.080. WSR 09-13-066, § 139-02-050, filed 6/16/09, effective 7/17/09. Statutory Authority: RCW 43.101.080. WSR 00-17-017, § 139-02-050, filed 8/4/00, effective 9/4/00.

Wash. Admin. Code § 139-02-070 Costs for providing copies of public records.

(1) The following copy fees and payment procedures apply to requests to the agency under chapter 42.56 RCW.

(2) Actual costs. Pursuant to RCW 42.56.120 (2)(b), the agency is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(a) The agency does not have the resources to conduct a study to determine all its actual copying costs;

(b) To conduct such a study would interfere with other essential agency functions; and

(c) Through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3), and (4).

(3) There is no fee charged for inspecting public records.

(4) Costs for paper copies. The agency will charge for copies of paper records pursuant to the fees in RCW 42.56.120 (2)(b) and (c) for each request.

(a) Before beginning to make copies for each request, the public records officer or designee may estimate costs of copying the records and may require a deposit of up to 10 percent of all the records selected by the requestor.

(b) The public records officer or designee may require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment.

(5) Costs for electronic records. Electronic copies of records for each request shall be charged as follows pursuant to the fees in RCW 42.56.120 (2)(b) and (c), which includes:

(a) Charge for scanned records or for use of agency equipment for scanning.

(b) Charge for each four electronic files or attachments uploaded to email, or cloud-based data storage service, or other means of electronic delivery.

(c) Charge per gigabyte for records transmitted in an electronic format or for use of agency equipment to send records electronically.

(d) Actual costs of any digital storage media or devices provided by the agency.

(e) Actual costs of a "customized service charge" when the request would require the use of information technology expertise to prepare data compilations or when such customized access services are not used by the agency for other business purposes.

(i) The agency will notify the requestor and take other steps if it will be doing a customized service charge.

(ii) The public records officer or designee may require a deposit of up to 10 percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment.

(iii) Copy charges may be combined to the extent more than one type of charge applies to copies responsive to a particular request.

(iv) Public records request fees do not supersede other statutory provisions for copying fees.

(6) Costs of mailing. The commission may also charge actual costs of mailing, including the cost of the shipping container.

(7) Payment. Payment shall be made through the fiscal department of the commission. The process to accept payments will be fully explained to the requestor.

(8) Payment date. The commission shall accept payment for 30 days after the date the payment invoice is mailed. If a requestor fails to pay by the payment date, the request will be closed per WAC 139-02-090 (11).

(9) Summary of charges. For each request, the commission will provide a summary of the applicable charges before copies are made and the requestor may revise the request to reduce the number of copies, thereby reducing the applicable charges.

(10) Waiver of charges. Waivers may be made at the discretion of the public records officer, except the public records officer or designee will not charge a requestor copying fees over a one-year period from the date of their initial request until their requests have exceeded:

(a) One hundred printed pages; or

(b) The equivalent of 250 printed pages of electronic records.

History

Statutory Authority: RCW 42.56.040 and 43.101.080. WSR 24-13-058, § 139-02-070, filed 6/13/24, effective 7/14/24
WSR 22-19-001, § 139-02-070, filed 9/7/22, effective 10/8/22
WSR 09-13-066, § 139-02-070, filed 6/16/09, effective 7/17/09. Statutory Authority: RCW 43.101.080. WSR 00-17-017, § 139-02-070, filed 8/4/00, effective 9/4/00.

Wash. Admin. Code § 139-02-090 Processing requests for public records.

(1) Providing fullest assistance. The Washington state criminal justice training commission is charged by statute with adopting rules which provide for how it shall "provide full access to public records," "protect records from damage or disorganization," "prevent excessive interference with other essential functions of the agency," provide "fullest assistance" to requestors, and provide the "most timely possible action" on public records requests. The public records officer or designee will evaluate and process requests according to the nature of the request, clarity, volume, and availability of requested records.

(2) Acknowledging receipt of request. Within five business days of receipt of the request, the public records officer or designee will do one or more of the following:

(a) Make the records available for inspection;

(b) Provide the requested records (or provide copying fees for the records if applicable) to the requestor;

(c) Provide a reasonable estimate of when records will be available (the public records officer may revise the estimate of when records will be available when necessary);

(d) Deny the request and provide a statutory explanation as to the reason for the denial; or

(e) Acknowledge receipt of the request and ask the requestor to clarify all or any part of the request that is unclear and provide to the greatest extent possible a reasonable estimate of the time the commission will require to respond to the unclear request or unclear part of a request if it is not clarified.

(i) Such clarification may be requested and provided by telephone and memorialized in writing, or by email or letter;

(ii) Clarification may include identifying a record with specificity sufficient for the commission to locate or produce the record;

(iii) If the requestor fails to respond to a request for clarification, the commission will respond to those portions of a request that are clear. If the requestor does not respond to the request for clarification on the unclear portion of the request after records on the clear portion have been provided, the commission will consider the request abandoned per subsection (11) of this section;

(iv) If the requestor fails to respond to a request for clarification for 30 days on an entirely unclear request, the commission will consider the request abandoned per subsection (11) of this section.

(3) Additional time to respond. Additional time for the commission to respond to a request may be based upon the need to clarify the request, locate and assemble the records requested, notify affected others or agencies affected by the request, or determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

(4) Consequences of failure to respond. If the commission does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond.

(5) Protecting rights of others. In the event the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer or designee may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. This notice is given so affected persons may seek an order from a court to prevent or limit the disclosure. The notice to the affected persons may include a copy of the request.

(6) Records exempt from disclosure.

(a) The commission reserves the right to determine a public record is exempt in whole or in part consistent with provisions of the Public Records Act or other applicable provision of law.

(b) If the commission believes a record is exempt from disclosure and should be withheld, the public records officer or designee will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer or designee will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

(c) Certain exemptions other than the Public Records Act itself restrict the disclosure of documents held by the commission. Some examples of such other applicable statutory exemptions include, but are not limited to:

(i) RCW 5.60.060: Attorney-client privileged records.

(ii) Chapter 19.108 RCW: Trade secrets.

(iii) RCW 43.101.400(1) background investigation records.

(7) The commission reserves the right to redact identifying details when producing any public record when there is reason to believe disclosure of such details would be an invasion of personal privacy protected by RCW 42.56.050.

(8) The commission is prohibited by statute from disclosing lists of individuals or records that may be manipulated to created lists of individuals for commercial purposes pursuant to RCW 42.56.070.

(9) Inspection of public records.

(a) A requestor must notify the commission in advance of their intent to inspect public records. Using the tracking ID the commission assigns to each public records request a requestor must identify with specificity and in advance the records the requestor wishes to inspect. The commission will assist the requestor in scheduling an appointment for inspection and may propose convenient alternatives to an in-person visit. Public records will be available for inspection during customary business hours and when staff are available to assist the requestor.

(b) When the request to inspect is for a large number of records, the public records officer may schedule inspection in installments.

(c) The commission will work with the requestor to schedule an inspection and notify the requestor in writing of the scheduled appointment. If the requestor does not attend the scheduled inspection date, the commission will reach out to reschedule the inspection within 30 days of the first scheduled appointment. If the requestor or a representative of the requestor fails to inspect the records within the 30-day period or fails to make other arrangements, the commission may consider the request abandoned and refile the assembled records. If the requestor makes a request for the same records it will be processed as a new request.

(d) Agency facilities shall be made available to any person for the copying of public records except when and to the extent that this would unreasonably disrupt the operations of the agency.

(e) Inspections are conducted in accordance with the requirement that agencies protect the requested records from damage or disorganization. No member of the public shall remove a document from the inspection area or disassemble or alter any public record.

(f) After inspection is complete, the requestor may wish to identify which documents the requestor wishes the agency to copy.

(i) Where the commission charges for copies, the requestor must pay for the copies prior to the copies being provided to the requestor.

(ii) Electronic records will be provided as a link to the records on the commission public records website if the records are located on the public records website, or in a format used by the commission and which is generally commercially available.

(g) When the inspection of the requested records is complete and any requested copies are provided the public records officer will close the records request.

(10) Providing records in installments.

(a) When the request is for a large number of records, the public records officer or designee may provide access for inspection and copying in installments, if he or she reasonably determines that it would be more practical.

(b) If, within 30 days, the requestor fails to inspect one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request.

(c) When the request is for copies of public records, the public records officer may require payment for each installment either prior to providing the installment or prior to providing subsequent installments. In addition, the requestor may be required to provide a deposit up to 10 percent of the estimated cost of copying all records selected by the requestor. If the requestor fails to pay the required cost by the scheduled payment date, the public records officer may consider the request abandoned and close the request.

(11) Closing a withdrawn or abandoned request.

(a) The public records officer will close a request when the requestor:

(i) Withdraws the request;

(ii) Fails to fulfill his or her obligations to inspect the records 30 days after the scheduled inspection date;

(iii) Fails to clarify an entirely unclear request 30 days after clarification was requested;

(iv) Fails to claim an installment 30 days after records were provided;

(v) Fails to pay required fees for an installment by the scheduled payment date;

(vi) Fails to pay the deposit or final payment for the requested copies by the scheduled payment date.

(b) The public records officer will close the request and indicate to the requestor that the Washington state criminal justice training commission has closed the request and refile the assembled records.

(12) Later discovered documents. If, after the Washington state criminal justice training commission has informed the requestor that it has provided all available records, the Washington state criminal justice training commission becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.

(13) The commission is not required to create a record that does not otherwise exist.

History

Statutory Authority: RCW 42.56.040 and 43.101.080. WSR 24-13-058, § 139-02-090, filed 6/13/24, effective 7/14/24
WSR 22-19-001, § 139-02-090, filed 9/7/22, effective 10/8/22
WSR 09-13-066, § 139-02-090, filed 6/16/09, effective 7/17/09. Statutory Authority: RCW 43.101.080. WSR 00-17-017, § 139-02-090, filed 8/4/00, effective 9/4/00.

Wash. Admin. Code § 139-02-095 Review of denials of public records.

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

(2) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the executive director or designee. The executive director or designee shall immediately consider the petition and either affirm or reverse the denial within two business days following the Washington state criminal justice training commission's receipt of the petition, or within such other time as the commission and the requestor mutually agree upon.

(3) Exhausting administrative remedies. Administrative remedies will not be considered exhausted until the commission has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever occurs first.

(4) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the commission denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure the requestor may request the attorney general's office review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.

(5) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative approval.

History

Statutory Authority: RCW 43.101.080 and 42.56.040. WSR 22-19-001, § 139-02-095, filed 9/7/22, effective 10/8/22.

Wash. Admin. Code § 139-02-105 Commercial purposes.

No provisions of any rule contained in this title shall be construed as giving authority to any commission records or public records officer or employee to give, sell, or provide access to lists of individuals requested for commercial purposes. If a list of individuals is included in the records requested, the commission may require requestors to identify themselves and the purpose of their request, and provide a signed statement that the requestor will not use the list of individuals for commercial purposes.

When the commission has credible indication that a requested list of individuals might be used for commercial purposes, the commission will investigate the request further. The commission will determine on a case-by-case basis whether such further investigation is necessary, based on the identity of the requestor, the nature of the records requested, and any other information available to the commission. When the commission determines further investigation is necessary, the commission will require requestors to identify the purpose of their request.

History

Statutory Authority: RCW 43.101.080 and 42.56.040. WSR 22-19-001, § 139-02-105, filed 9/7/22, effective 10/8/22.

Chapter 139-03 Procedures.

Wash. Admin. Code § 139-03-010 Adoption of model rules of procedure.

Practice and procedure before the commission shall comport with the model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended. The model rules hereby adopted are found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and the procedural rules adopted in this title, the procedural rules adopted in this title shall govern.

Certified officer proceedings before the commission are governed by chapter 139-06 WAC.

History

Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-03-010, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 05-07-049, § 139-03-010, filed 3/11/05, effective 4/11/05
WSR 00-17-017, § 139-03-010, filed 8/4/00, effective 9/4/00.

Wash. Admin. Code § 139-03-020 Request for adjudicative proceedings.

(1) All applications requesting that the commission conduct an adjudicative proceeding shall be made on a form provided by the commission for that purpose. The application must specify the issue to be brought before the commission, including:

(a) The action for which review is requested, identified by date and description of action;

(b) The direct and adverse effects of such action;

(d) The name and mailing address of the requesting party; and

(e) A statement that the person signing the request for review has read it and that to the best of their knowledge or information and belief the contents thereof are true.

(2) Applications for adjudicative proceedings shall be made within thirty calendar days of:

(a) Service upon the applicant of the proposed commission action giving rise to the application; or

(b) Notice to the applicant from any source of action by the commission or commission staff which the applicant believes will adversely affect the applicant.

(3) Failure of an applicant to file an application for an adjudicative proceeding within the time limits set forth in subsection (2) of this section, constitutes a default and results in the loss of the applicant's right to an adjudicative proceeding. The commission may proceed to resolve the matter pursuant to RCW 34.05.440(1).

(4) An application for adjudicative proceeding must be served personally or delivered by certified mail upon the director of the commission.

(5) The commission will process applications for adjudicative proceedings in accordance with RCW 34.05.416 and 34.05.419.

(6) If the commission decides to proceed with an adjudicative proceeding, the director will designate a presiding officer, which may be an administrative law judge from the state office of administrative hearings. The presiding officer will: Schedule and conduct an adjudicative proceeding under chapter 34.05 RCW; and

(7) Upon receiving a request for adjudicative proceeding, the commission may at the request of the applicant, or on its own initiative, schedule an informal settlement conference that shall be without prejudice to the rights of the parties.

(8) This section shall not apply to a request for a variance or exemption pursuant to WAC 139-03-030.

History

Statutory Authority: RCW 43.101.080. WSR 05-07-049, § 139-03-020, filed 3/11/05, effective 4/11/05
WSR 00-17-017, § 139-03-020, filed 8/4/00, effective 9/4/00.

Wash. Admin. Code § 139-03-030 Request for exemption, waiver, extension or variance.

(1) Requests for exemption, waiver, extension or variance from the commission's regulations may be pursued only under this section.

(2) A request for exemption, waiver, extension or variance may be made only by the head of a law enforcement or corrections agency or head of an agency responsible for death investigations, on behalf of an employee or employees directly affected by the regulation. Where a request for an exemption or variance is on behalf of a chief of police or chief medical examiner, such request shall be made by the appointing authority. Requests under this section shall be for mitigation only and shall not raise questions of law or of fact. Such requests shall be submitted in writing to the executive director of the commission and shall include, where applicable:

(a) The particular regulation from which exemption, waiver, extension or variance is sought;

(b) The nature of the exemption, waiver, extension or variance which is sought;

(d) The name and mailing address of the requesting party and any person who will personally appear in support of the requesting party, including legal counsel;

(e) A statement that the person signing the request has read it and that to the best of his or her knowledge or information and belief the contents thereof are true.

(3) Upon receipt of a request under this section which satisfies the requirements of subsection (2) of this section, the executive director shall schedule the request for full consideration at the next commission meeting. If it is determined by the chair that circumstances justify expedited review, the chair may schedule a special meeting for the sole purpose of effecting review. After full consideration of the matter, the commission shall deny the request, grant the request or provide alternative mitigating relief.

History

Statutory Authority: RCW 43.101.080 and 43.101.480. WSR 23-19-039, § 139-03-030, filed 9/13/23, effective 10/14/23. Statutory Authority: RCW 43.101.080. WSR 00-17-017, § 139-03-030, filed 8/4/00, effective 9/4/00.

Wash. Admin. Code § 139-03-045 Prehearing conferences.

The presiding officer shall hold one or more prehearing conferences in each case, which may be held telephonically and shall be attended by the parties or their attorneys. The parties shall be prepared to discuss the timing and filing of any motions, and witness and exhibit lists, as well as the need for discovery, in addition to those matters identified in WAC 10-08-130(1). A prehearing order shall be issued at the conclusion of the conference.

History

Statutory Authority: RCW 43.101.080. WSR 05-07-049, § 139-03-045, filed 3/11/05, effective 4/11/05.

Wash. Admin. Code § 139-03-070 Burden and standard of proof.

Unless otherwise provided by law or rule:

(1) The standard of proof on all factual issues is preponderance of the evidence.

(2) The burden of proof for the final administrative decision of the commission rests with the commission.

(3) In any action to appeal the commission's final administrative decision, the appealing party shall bear the burden of proof.

(4) The burden of proof in certification matters is governed by WAC 136-06-070(13).

History

Statutory Authority: RCW 43.101.080. WSR 24-07-042, § 139-03-070, filed 3/13/24, effective 4/13/24
WSR 00-17-017, § 139-03-070, filed 8/4/00, effective 9/4/00.

Wash. Admin. Code § 139-03-075 Review of initial orders.

The initial order will become final unless, within thirty days of mailing of the initial order to the parties, the commission determines that the initial order should be reviewed or a party to the proceedings files a petition for review of the initial order. A petition for review shall set forth in detail the grounds for review and the party filing the petition shall be deemed to have waived all objections or claims of irregularities not specifically set forth therein. The initial order will be considered by the commission at the next succeeding regularly scheduled meeting of the commission at which review can practicably be conducted. The commission shall thereafter enter a final order.

History

Statutory Authority: RCW 43.101.080. WSR 05-07-049, § 139-03-075, filed 3/11/05, effective 4/11/05.

Wash. Admin. Code § 139-03-080 Petitions for stay of effectiveness.

Disposition of a petition for stay of effectiveness of a final order shall be made by the chair of the commission or the chair's designee.

History

Statutory Authority: RCW 43.101.080. WSR 00-17-017, § 139-03-080, filed 8/4/00, effective 9/4/00.

Chapter 139-05 Law enforcement.

Wash. Admin. Code § 139-05-200 Requirement of basic law enforcement training for officers.

(1) A peace officer or tribal police officer whose certification has been denied, revoked, suspended, or is under review by this state or any other state or territory, is not eligible for a basic law enforcement academy diploma.

(2)(a) As a condition of continued employment, unless exempted by the commission, all general authority peace officers must commence training in the basic law enforcement academy or the basic law enforcement equivalency academy within the initial six-month period of employment and then successfully complete the training.

(b) As a condition of continued employment, unless exempted by the commission, all limited authority peace officers subject to certification whose employment commences on or after July 1, 2023, must commence training in the basic law enforcement academy or the basic law enforcement equivalency academy within the initial 12-month period of employment and then successfully complete the training.

(c) As a condition of continued certification, all certified limited authority peace officers whose employment commenced prior to July 1, 2023, must submit to the commission documentation of any prior training received and complete any supplemental training deemed necessary by the commission by December 31, 2024, unless otherwise waived or extended by the commission.

(3) Law enforcement personnel exempted from the requirements of subsection (2) of this section include commissioned personnel:

(a) Who have met the training requirements in subsection (2) of this section and who have been employed with no break in service in this state for more than 24 months.

(b) Who have met the training requirements of subsection (2) of this section and within 24 months of completion are employed as a peace or tribal officer. This includes any limited authority personnel as defined in RCW 10.93.020 and in the definitions of this chapter.

(4) Law enforcement agencies must use an approved form to immediately notify the commission when an officer subject to certification begins ongoing regular employment with the agency.

History

Statutory Authority: RCW 43.101.080. WSR 23-19-038, § 139-05-200, filed 9/13/23, effective 10/14/23. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-05-200, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080 and 43.101.200. WSR 19-07-036, § 139-05-200, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.101.080. WSR 06-17-021, § 139-05-200, filed 8/7/06, effective 9/7/06
WSR 05-20-029, § 139-05-200, filed 9/28/05, effective 10/29/05
WSR 03-19-123, § 139-05-200, filed 9/17/03, effective 10/18/03
WSR 00-17-017, § 139-05-200, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 89-13-024 (Order 14D), § 139-05-200, filed 6/13/89
WSR 87-19-104 (Order 14-D), § 139-05-200, filed 9/18/87
WSR 86-19-021 (Order 1-B), § 139-05-200, filed 9/10/86.

Wash. Admin. Code § 139-05-210 Process for equivalency.

(1) A peace officer, tribal police officer, or corrections officer whose certification, commission, or licensing has been revoked or suspended, or is under review by this state or any other state or territory is not eligible to receive certification through an equivalency academy, regardless of the officer's prior years of service.

(2) A diploma of equivalent basic law enforcement academy or corrections officers academy is issued to recruits who successfully complete the equivalency process as required by the commission. For this purpose, the term "process" includes all documentation and prerequisites set forth in subsection (9) of this section and successful completion of all knowledge and skills requirements within the equivalency academy.

(3) Participation in the equivalency process is limited to:

(a) Certified officers whose certification, commission, or licensing has lapsed because of a break in service in Washington or any other state or territory for more than 24 months but less than 60 months;

(b) Fully commissioned officers of a general authority, limited authority, or certified tribal law enforcement agency in Washington state who otherwise are eligible to attend the basic law enforcement academy;

(c) Fully commissioned officers who have been certified by completing a basic training program in Washington or another state;

(d) Limited authority officers who have been certified by completing a basic training program in Washington or another state;

(e) Corrections officers as defined in RCW 43.101.010(6) who otherwise are eligible to attend the corrections officers academy;

(f) Corrections officers who have successfully completed an approved corrections officers academy in Washington or another state; or

(g) Persons who have not attained commissioned officer status but have successfully completed a basic law enforcement academy recognized as fully equivalent to Washington's basic law enforcement academy by the commission and within 12 months of the date of completion has received a conditional offer of employment as a fully commissioned, or certified limited authority, officer in Washington state.

(4) For the purposes of this section, the term "basic training program" does not include any military or reserve training or any federal training program not otherwise approved by the commission.

(5) Recruits who must participate in the equivalency academy to become a certified officer must attend an academy within six months of hire as a condition of employment.

(6) It is the responsibility of a recruit's agency to ensure that all necessary backgrounding forms and documentation are completed and submitted to the commission in a timely manner and all requirements within this section are met.

(7) The decision to request an officer's participation in the equivalency process is at the discretion of the sheriff or chief of the officer's employing agency who must advise the commission of that decision. The commission has final approval of the officer's acceptance into the equivalency academy.

(8) The commission shall have authority to approve a recruit for participation in the equivalency process.

(9) The recruit's employing agency must submit to the commission the following documentation as a condition of participating in the equivalency process:

(a) A statement of the recruit's health and physical condition including a physician signature;

(b) A liability release agreement by the recruit;

(d) Documentation of completion of the previous training program;

(e) Written syllabus detailing specific areas of training and hours of training;

(f) Documentation of current certification status; and

(g) For peace and tribal officers:

(i) A record of the recruit's firearms qualification; and

(ii) Verification of comparable emergency vehicle operations (EVO) training.

If this has not been completed previously, the recruit must complete the commission's current basic law enforcement EVO training, either by an instructor certified by the commission or through the Washington state patrol; all costs associated with this training will be the responsibility of the law enforcement agency.

(10) Upon completion of the equivalency process and review and evaluation of the recruit's performance, the commission shall issue a diploma and a certificate of certification.

(11) If the recruit has not met the qualifications to satisfactorily complete an equivalency academy, the commission shall:

(a) Issue a diploma and certificate of certification upon satisfactory completion of any required additional training; or

(b) Require the recruit to attend the basic law enforcement academy or the corrections officers academy.

History

Statutory Authority: RCW 43.101.080. WSR 23-19-038, § 139-05-210, filed 9/13/23, effective 10/14/23
WSR 23-01-086, § 139-05-210, filed 12/16/22, effective 1/16/23. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-05-210, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 14-01-044, § 139-05-210, filed 12/11/13, effective 1/11/14. Statutory Authority: RCW 43.101.080 and [43.101].085. WSR 08-20-010, § 139-05-210, filed 9/18/08, effective 10/19/08. Statutory Authority: RCW 43.101.080. WSR 05-20-029, § 139-05-210, filed 9/28/05, effective 10/29/05
WSR 04-13-070, § 139-05-210, filed 6/15/04, effective 7/16/04
WSR 03-07-099, § 139-05-210, filed 3/19/03, effective 4/19/03
WSR 00-17-017, § 139-05-210, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 86-19-021 (Order 1-B), § 139-05-210, filed 9/10/86.

Wash. Admin. Code § 139-05-220 Backgrounding requirement for admission in the basic law enforcement academies.

It is the responsibility of each agency to conduct a background investigation of its applicant, as outlined by RCW 43.101.095 and WAC 139-06-010, as a precondition of academy admission.

History

Statutory Authority: RCW 43.101.080. WSR 23-01-086, § 139-05-220, filed 12/16/22, effective 1/16/23
WSR 05-20-029, § 139-05-220, filed 9/28/05, effective 10/29/05
WSR 00-17-017, § 139-05-220, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 86-19-021 (Order 1-B), § 139-05-220, filed 9/10/86.

Wash. Admin. Code § 139-05-230 Physical requirements for admission to the basic law enforcement academy.

(1) For admission to the basic law enforcement academy, each recruit must possess good health and physical capability to actively and fully participate in defensive tactics training and other required physical activities.

(2) In order to minimize risk of injury and maximize the benefit of such participation, each recruit in any academy session must, as a precondition of their academy admission, demonstrate a requisite level of physical fitness, as established by the commission.

(3) Each recruit must be evaluated in accordance with the policies and procedures established by the commission.

(4) Failure to demonstrate a requisite level of fitness will result in ineligibility for academy admission.

History

Statutory Authority: RCW 43.101.080. WSR 23-01-086, § 139-05-230, filed 12/16/22, effective 1/16/23
WSR 05-20-029, § 139-05-230, filed 9/28/05, effective 10/29/05
WSR 00-17-017, § 139-05-230, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 91-14-011, § 139-05-230, filed 6/24/91, effective 7/25/91
WSR 91-01-043, § 139-05-230, filed 12/12/90, effective 7/1/91
WSR 89-13-023 (Order 12C), § 139-05-230, filed 6/13/89
WSR 86-19-021 (Order 1-B), § 139-05-230, filed 9/10/86.

Wash. Admin. Code § 139-05-240 Completion requirements of basic law enforcement academies.

Each recruit in a basic law enforcement academy will receive a diploma only upon full and successful completion of the academy as prescribed by the commission. The performance of each recruit shall be evaluated as follows:

(1) Academic performance.

(a) A standardized evaluation process will be utilized in all basic law enforcement academies sponsored or conducted by the commission in evaluating the level of scholastic achievement of each recruit.

(b) Such process shall include the application of a designated minimum passing score for written examinations and the availability of a retesting procedure.

(2) Practical skills.

(a) A standardized evaluation process will be utilized in all basic law enforcement academies sponsored or conducted by the commission in evaluating the level of skill proficiency of each recruit.

(b) Such process shall include the application of a designated minimum passing score of all skill proficiencies identified by the commission and the availability of a retesting procedure.

(c) Failure to achieve a final passing grade in each practical skills dimension will result in termination of academy enrollment.

(3) Conduct and participation.

(a) Each recruit will be required to participate fully in all academy classes and adhere to all rules, regulations, and policies of the commission.

(b) Failure to adhere to all rules, regulations, and policies of the commission will result in termination of academy enrollment.

History

Statutory Authority: RCW 43.101.080. WSR 23-01-086, § 139-05-240, filed 12/16/22, effective 1/16/23
WSR 05-20-029, § 139-05-240, filed 9/28/05, effective 10/29/05
WSR 00-17-017, § 139-05-240, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 93-13-098, § 139-05-240, filed 6/21/93, effective 7/22/93
WSR 86-19-021 (Order 1-B), § 139-05-240, filed 9/10/86.

Wash. Admin. Code § 139-05-241 Sponsored reserve officer requirements for basic law enforcement academy training.

(1) A law enforcement agency may sponsor a reserve officer, as defined by WAC 139-05-810, as an applicant for the basic law enforcement academy.

(2) The commission has sole discretion to admit or deny admittance to the basic law enforcement academy. Priority for admittance to the basic law enforcement academy shall be given to applicants currently employed as fully commissioned officers.

(3) Reserve officer applicants who are admitted to the basic law enforcement academy are responsible for the full cost of attendance including payment for room and board if needed. Full payment for attendance at the basic law enforcement academy must be paid in advance and is nonrefundable.

(4) Reserve officer applicants must provide proof of agency labor and industries coverage or adequate medical insurance coverage as a condition of admission to the basic law enforcement academy. Such applicants must maintain said medical insurance throughout the duration of the academy and must immediately notify the commission in the event that medical insurance terminates, changes, or coverage and liability under the policy is substantially changed. The commission has sole discretion to determine what constitutes adequate medical insurance coverage for attendance at the basic law enforcement academy.

(5) Reserve officer applicants must satisfy all other requirements for admittance to and continued participation in the basic law enforcement academy to include those requirements set forth in WAC 139-05-220, 139-05-230, and 139-05-240.

(6) Reserve officers are not eligible for peace officer or tribal police officer certification.

History

Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-05-241, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 14-01-045, § 139-05-241, filed 12/11/13, effective 1/11/14.

Wash. Admin. Code § 139-05-242 Readmission to the basic law enforcement academy.

No person may be readmitted to any basic law enforcement academy except as provided in this section and in accordance with WAC 139-06-130.

(1) Any request for readmission must be made and submitted by the individual's employing agency head, or designee, in accordance with commission policies and procedures.

(2) Any individual whose academy enrollment was terminated for academic failure, skills deficiency, disciplinary reasons other than those specified in subsection (3) of this section, or who had voluntarily withdrawn for any reason, may be readmitted to a subsequent academy session only if the individual meets all the academy admission requirements and their current employing agency head, or their designee, submits a new registration for admission into the academy.

(3) Any person who was dismissed from an academy for a major violation including, but not limited to: Cheating, the making of materially false or misleading statements, harassment, discrimination, the commission of a misdemeanor or felony, regardless of conviction, or other misconduct contained in RCW 43.101.105 will be ineligible for readmission to any subsequent academy within 60 months from the date of dismissal regardless of employer or employment status.

(4) After the ineligibility period specified in subsection (3) of this section has passed, an agency head, or their designee, must make a written request for readmission, which requires the submission of an application to the executive director that includes:

(a) The name of the individual who was dismissed, the date and reason for the dismissal, and the reason for the request for readmission; and

(b) A statement from the individual who was previously dismissed describing any relevant or professional growth since the dismissal.

(5) If the executive director, or designee, conditionally grants the application, the individual's agency must submit the full results of the individual's completed background check, psychological examination, and polygraph examination to the commission staff responsible for the certification investigations.

(6) After the conditional granting of the application and review of the full background, psychological examination and polygraph examination, the executive director, or designee, will issue a decision on the request in writing and the reasons for the decision, if denied.

(7) Where a request for readmission to the academy is denied, a second request may only be submitted 24 months after the denial. If a second request is denied, no further requests may be filed regardless of the individual's employer or employment status.

(8) For purposes of this section, reserves and volunteers will be deemed to be employees of the agencies which sponsor them for participation in a training academy.

History

Statutory Authority: RCW 43.101.080. WSR 24-19-043, s 139-05-242, filed 9/11/24, effective 10/12/24
WSR 23-01-086, § 139-05-242, filed 12/16/22, effective 1/16/23
WSR 05-20-029, § 139-05-242, filed 9/28/05, effective 10/29/05
WSR 04-19-050, § 139-05-242, filed 9/14/04, effective 10/15/04
WSR 00-17-017, § 139-05-242, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 93-13-103, § 139-05-242, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 139-05-250 Basic law enforcement curriculum.

The basic law enforcement and reserve academy curriculum of the commission may include, but not be limited to, the following core subject areas with common threads of communications, community policing, and professional ethics throughout:

(1) Use of force training consistent with permissible uses of force per RCW 43.101.490;

(2) Domestic violence reports and situations per RCW 10.99.030 and 10.99.033;

(3) Mental health training as prescribed in WAC 139-11-020 per RCW 43.101.452;

(4) Victim centered and trauma-informed approach to policing per RCW 43.101.274;

(5) Ethnic and cultural diversity per RCW 43.101.280;

(6) Hate crimes per RCW 43.101.290;

(7) Violence de-escalation training as prescribed in WAC 139-11-020 per RCW 43.101.450;

(8) Substance use disorders per RCW 43.101.205;

(9) Child abuse and neglect per RCW 43.101.365;

(10) Vehicular pursuits per RCW 43.101.225;

(11) Motorcycle profiling per RCW 43.101.419;

(12) Orientation and history of policing;

(13) Criminal law;

(14) Criminal procedures;

(15) Patrol procedures;

(16) Crisis intervention per RCW 43.101.427;

(17) Emergency vehicle operations;

(18) Report writing;

(19) Traffic law;

(20) Firearms;

(21) Defensive tactics; and

(22) Criminal investigation.

History

Statutory Authority: RCW 43.101.080. WSR 23-01-086, § 139-05-250, filed 12/16/22, effective 1/16/23. Statutory Authority: RCW 43.101.080 and 43.101.200. WSR 19-07-037, § 139-05-250, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.101.080. WSR 05-20-029, § 139-05-250, filed 9/28/05, effective 10/29/05
WSR 00-17-017, § 139-05-250, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.010(2). WSR 93-13-097, § 139-05-250, filed 6/21/93, effective 7/22/93. Statutory Authority: RCW 43.101.080(2). WSR 86-19-021 (Order 1-B), § 139-05-250, filed 9/10/86.

Wash. Admin. Code § 139-05-300 Requirement for in-service training.

The commission recognizes that continuing education and training is the cornerstone for a successful career as a certified officer (WAC 139-01-310) in providing competent public safety services to the communities of Washington state.

(1) Every certified officer under RCW 43.101.095 or 43.101.157 will complete a minimum of 24 hours of in-service training annually.

(a) The in-service training requirement for each newly hired officer must begin on January 1st of the calendar year following their certification as a result of successful completion of the basic law enforcement academy, equivalency academy, or approved waiver as provided by WAC 139-03-030.

(b) The in-service training requirement for certified limited authority peace officers and corrections officers will begin on January 1, 2026.

(d) The commission will publish guidelines for approved in-service training.

(e) The 24 hours must include the successful completion of the commission's annual online crisis intervention course prescribed under RCW 43.101.427.

(2) Every reserve peace officer as defined by WAC 139-05-810 will complete a minimum of 24 hours of in-service training annually.

(a) The in-service training requirement for each newly appointed reserve peace officer must begin on January 1st of the calendar year following their appointment as a result of successful completion of the basic law enforcement academy, basic reserve academy equivalency process, or approved waiver as provided by WAC 139-03-030.

(b) Training may be developed and provided by the employer or other training resources.

(d) As of July 1, 2018, the 24 hours must include the successful completion of the commission's annual online crisis intervention course prescribed under RCW 43.101.427.

(3) All records for training required for this rule must be maintained by the employing agency and be available for review upon request by an authorized commission representative.

(a) The commission will maintain records of successfully completed commission-registered courses.

(b) Upon request, the commission will furnish a recordkeeping template for use by agencies to track training.

(4) The sheriff or chief of an agency may request an extension of three months for officers in their employ by notification in writing to the commission, identifying those specific officers.

(a) A sheriff or chief may request a three-month personal extension of the requirement by doing so in writing to the commission.

(b) Written requests submitted under the provision of this subsection must be received by December 1st of the calendar year in question.

(c) The three-month extension under this provision provides the individuals named until March 31st to complete the mandated 24 hours.

(d) Any training obtained during this three-month extension only counts towards the previous year being audited.

(5) The commission executive director or designee may, on a case-by-case basis, grant exceptions for individuals with extenuating circumstances where the employing agency has made every reasonable effort to obtain training for the officer.

History

Statutory Authority: RCW 43.101.080. WSR 24-07-043, § 139-05-300, filed 3/13/24, effective 4/13/24. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-05-300, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080 and 2018 c 32. WSR 18-13-057, § 139-05-300, filed 6/14/18, effective 7/15/18. Statutory Authority: RCW 43.101.080. WSR 16-19-040, § 139-05-300, filed 9/14/16, effective 10/15/16
WSR 15-19-042, § 139-05-300, filed 9/10/15, effective 10/11/15
WSR 09-16-098, § 139-05-300, filed 8/4/09, effective 9/4/09
WSR 05-20-029, § 139-05-300, filed 9/28/05, effective 10/29/05
WSR 05-01-112, § 139-05-300, filed 12/15/04, effective 1/15/05.

Wash. Admin. Code § 139-05-810 Basic training requirement for reserve officers.

(1) A peace officer or tribal police officer whose certification, commission, and/or licensing has been revoked, sanctioned, suspended, or is under review by this state or any other state or territory is not eligible for a basic reserve law enforcement academy certificate, regardless of the officer's prior years of law enforcement service.

(2) Beginning January 1, 2016, as a condition of continuing employment, volunteering, or otherwise representing a law enforcement agency, all reserve peace officers must be reported to the commission.

(3) "Reserve peace officer" for the purposes of this chapter, means any officer who does not serve as a law enforcement officer of this state on a full-time basis, but who, when called by such agency into active service, is fully commissioned on the same basis as full-time officers to enforce the criminal laws of this state.

(4) Eligibility for participation in the basic reserve academy process is limited to:

(a) Specially commissioned reserve peace officers of the state of Washington;

(b) Commissioned Washington state tribal peace officers;

(d) Persons employed as security by public colleges and universities as defined under RCW 28B.10.016; or

(e) Persons employed as security in the K-12 Washington state public school system as defined under RCW 28A.150.010.

(5) For the purposes of the Washington Mutual Aid Peace Officers Powers Act, chapter 10.93 RCW, every individual who is commissioned as a specially commissioned reserve peace officer in this state will obtain a basic reserve certificate as a precondition of the exercise of authority pursuant to such act.

(6) Upon appointment of a reserve peace officer, the appointing law enforcement agency shall immediately notify the commission on a personnel action report form provided by the commission.

(7) Upon termination of a reserve peace officer for any reason, including resignation, the agency of termination shall, within fifteen days of the termination, notify the commission on a personnel action report form provided by the commission.

(8) As a precondition of participating in the reserve basic law enforcement academy, it is the responsibility of each applying agency to conduct a complete criminal records check to include a search of state and national criminal history records information regarding its applicant through the submission of the applicant's fingerprints to an appropriate agency or agencies. No individual will be granted reserve academy admission or allowed continued participation if the individual has been convicted of a felony offense, or any misdemeanor or gross misdemeanor crime of dishonesty within the meaning of Evidence Rule 609(a), or domestic violence.

Each application for academy attendance must be accompanied by a written attestation by the applying agency that (a) the criminal records check has been completed, and (b) There are no disqualifying convictions. Upon approval of an applicant's eligibility to participate in the reserve process, the applicant's employing agency must submit to the commission all requested records, information and proof of background check as a precondition of participation within such process. The decision to request an officer's participation in the basic reserve law enforcement academy shall be approved by the head of the officer's employing agency.

(9) A basic reserve certificate will be issued by the commission to any specially commissioned reserve peace officer who successfully completes the requirements set forth in RCW 43.101.080(19) [RCW 43-101-080(15) ] and the basic reserve law enforcement academy course of instruction as prescribed and required by the commission.

(10) A certificate of attendance may be issued to those who successfully complete the basic reserve law enforcement academy, but who are not appointed as a reserve peace officer by a general authority Washington law enforcement agency as defined under RCW 10.93.020(1) [RCW 10.93.020(4)] .

(11) Reserve officers are not eligible to apply for peace officer or tribal police officer certification, furthermore, appointment as a reserve peace officer is not considered continuous employment for the purposes set forth in RCW 43.101.095 and 43.101.157.

History

RCW 43-101-080(15) ] and the basic reserve law enforcement academy course of instruction as prescribed and required by the commission.(10) A certificate of attendance may be issued to those who successfully complete the basic reserve law enforcement academy, but who are not appointed as a reserve peace officer by a general authority Washington law enforcement agency as defined under RCW 10.93.020(1) [RCW 10.93.020(4)] . (11) Reserve officers are not eligible to apply for peace officer or tribal police officer certification, furthermore, appointment as a reserve peace officer is not considered continuous employment for the purposes set forth in RCW 43.101.095 and 43.101.157.[Statutory Authority: RCW 43.101.080. WSR 15-19-076, § 139-05-810, filed 9/14/15, effective 10/15/15
WSR 05-20-029, § 139-05-810, filed 9/28/05, effective 10/29/05
WSR 02-02-004, § 139-05-810, filed 12/20/01, effective 1/20/02
WSR 00-17-017, § 139-05-810, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 88-20-022 (Order 20), § 139-05-810, filed 9/28/88.

Wash. Admin. Code § 139-05-825 Basic reserve law enforcement academy certificate of equivalency.

(1) A peace officer or tribal peace officer whose certification, commission, and/or licensing has been revoked, sanctioned, suspended, or is under review by this state or any other state or territory is not eligible for a basic reserve law enforcement academy certificate of equivalency, regardless of the officer's prior years of law enforcement service.

(2) A certificate of equivalency for the basic reserve law enforcement academy shall be issued only to applicants who successfully complete the equivalency process as required by the commission. For this purpose, the term "process" shall include all documentation and prerequisites set forth in subsection (8) of this section and successful completion of all knowledge and skills requirements within the basic reserve law enforcement equivalency academy. A certificate of completion of equivalent reserve law enforcement training is recognized in the same manner as the certificate of completion of the basic reserve law enforcement academy.

(3) Eligibility for participation in the basic reserve law enforcement equivalency process shall be limited to:

(a) Reserve peace officers who have previously attained a basic reserve certificate through completion of a basic reserve law enforcement academy or program in Washington state and who has incurred a break in service of:

(i) More than twelve but less than twenty-four months must successfully complete the requirements of RCW 43.101.080(19) and the comprehensive reserve final test proctored by the commission; or

(ii) More than twenty-four months break in service requires the person to attend the basic reserve law enforcement academy.

(b) Fully commissioned general authority peace officers or tribal police officers of this state who have attained peace officer certification through completion of an approved basic training program in this or another state who has incurred a break in service of:

(i) Less than twenty-four months must submit an application to be recognized as a reserve officer to the commission and successfully complete the requirements of RCW 43.101.080(19); or

(ii) More than twenty-four months and less than sixty months requires the applicant to successfully complete the requirements of RCW 43.101.080(19) and the comprehensive reserve final test proctored by the commission; or

(iii) More than sixty month break in service requires the applicant to attend the basic reserve law enforcement academy.

Less than sixty months requires the applicant to successfully complete the requirements of RCW 43.101.080(19) and the comprehensive reserve final test proctored by the commission.

(d) For this purpose, the term "basic training program" does not include any military or any federal training program not otherwise approved by the commission.

(4) The decision to request an officer's participation within the equivalency process shall be discretionary with the head of the officer's employing agency. It shall be the responsibility of the applicant's agency to ensure that all necessary forms and documentation are completed and submitted to the commission in a timely manner.

(5) Upon appointment of a reserve peace officer, the appointing law enforcement agency shall immediately notify the commission on a personnel action report form provided by the commission.

(6) Upon termination of a reserve peace officer for any reason, including resignation, the agency of termination shall, within fifteen days of the termination, notify the commission on a personnel action report form provided by the commission.

(7) For the purposes of the Washington Mutual Aid Peace Officers Powers Act, chapter 10.93 RCW, every individual who is commissioned as a specially commissioned reserve peace officer in this state will obtain a basic reserve certificate as a precondition of the exercise of authority pursuant to such act.

(8) Upon approval of an applicant's eligibility to participate in the equivalency process, the applicant's employing agency must submit to the commission the following documentation as a precondition of participation within such process:

(a) A copy of the applicant's certificate of successful completion of an approved basic reserve academy or program and/or a copy of the applicant's peace officer certification certificate;

(b) Proof the applicant has successfully completed the requirements set forth in RCW 43.101.080(19);

(d) A record showing the applicant has met the defensive tactics training as set forth by the commission; and

(e) A record showing the applicant has met the emergency vehicle operations training as set forth by the commission.

(9) Upon completion of the equivalency process and review and evaluation of the applicant's performance, the commission will issue a certificate of completion of equivalent basic reserve law enforcement training.

(10) Reserve officers are not eligible to apply for peace officer or tribal police officer certification, furthermore, employment as a specially commissioned peace officer/reserve officer is not considered continuous full-time employment for the purposes set forth in RCW 43.101.095 and 43.101.157.

History

Statutory Authority: RCW 43.101.080. WSR 15-19-080, § 139-05-825, filed 9/15/15, effective 10/16/15
WSR 09-19-032, § 139-05-825, filed 9/9/09, effective 10/10/09.

Wash. Admin. Code § 139-05-915 Canines—Training and certification.

(1) Canine teams working in the state of Washington shall be certified to the adopted standards as set by commission policy.

(a) The standards shall be maintained by the commission and readily available to the public.

(b) These standards include the minimum performance standards for canine teams performing specific law enforcement or corrections functions.

(c) As a condition of certification, each handler must ensure that the canine performs to a level that is deemed acceptable by the commission in the category for a team's intended use.

(2) An evaluator shall be appointed by the commission to perform the testing of the canine teams.

(a) The qualifications to become an evaluator for canine certification shall be outlined in the evaluation policy adopted by the commission.

(b) In evaluating the proficiency of a canine team, evaluators shall use the standards approved by the commission for that particular discipline.

(c) Each certification issued pursuant to these rules will remain valid as set forth in commission policy, as long as the composition and responsibility of the canine team does not change.

(d) A canine team's certification shall automatically expire if the specific handler and canine, originally paired at the time of certification cease to perform canine team functions together or if the function for which the team was certified changes.

(3) This process is not related to and does not change the requirements for officer certification.

(4) Nothing in these rules is intended to limit the use of canine teams employed by other state or federal agencies for law enforcement purposes, or the use of volunteer canine teams where the handler is not a Washington officer.

(5) Certified canine teams shall have the knowledge and ability to comply with the canine model policy established on December 28, 2021, pursuant to section 3, chapter 320, Laws of 2021. This model policy provides the following:

(a) Canine certification training requirements - Set forth in the commission canine training policy;

(b) Considerations of canine deployment;

(d) Strategies for minimizing law enforcement canine bites;

(e) Circumstances where a canine handler should consider the use of tactics other than deploying a canine;

(f) Prohibited use of a police canine;

(g) Use of canines to apprehend suspects;

(h) Agency canine team reporting protocols;

(i) Circumstances that would warrant the decertification of canine teams; and

(j) Circumstances where the use of voluntary canines and canine handlers may be appropriate.

(6) To report a use of force as outlined in the canine model policy, canine teams should follow the guidelines set forth in WAC 139-06-020.

History

Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-05-915, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 17-10-055, § 139-05-915, filed 5/2/17, effective 6/2/17
WSR 17-01-059, § 139-05-915, filed 12/14/16, effective 1/14/17
WSR 05-20-029, § 139-05-915, filed 9/28/05, effective 10/29/05
WSR 05-01-114, § 139-05-915, filed 12/15/04, effective 1/15/05
WSR 03-07-100, § 139-05-915, filed 3/19/03, effective 4/19/03
WSR 00-17-017, § 139-05-915, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 86-19-021 (Order 1-B), § 139-05-915, filed 9/10/86.

Wash. Admin. Code § 139-05-920 Requirement of training for agriculture officers.

(1) For purposes of this regulation, the term "agriculture officer" means any individual appointed by the state director of agriculture to enforce those laws relating to the department of agriculture.

(2) As a precondition of any exercise of enforcement authority, an agriculture officer must successfully complete training which will include, but is not limited to:

(a) Crime scene investigation;

(b) Criminal investigation;

(d) Report writing;

(e) Criminal law to include Titles 9A and 20;

(f) Officer safety;

(g) Defensive tactics.

(3) As a precondition of any authorization to carry a firearm during the performance of duties, an agriculture officer with enforcement authority will have successfully qualified in the firearms course which is incorporated by the basic law enforcement academy program of the commission, or is otherwise approved by the commission. Following the initial qualification, the department of agriculture must insure that such qualification be effected annually or within a period of twelve months preceding the aforementioned firearms authorization.

(4) It is the responsibility of the state director of agriculture to effect and ensure personnel compliance and to provide necessary records and information upon the request of the commission, to which said director is accountable for purposes of such compliance. Additionally, any equivalency process or official recognition of equivalent training or experience in determining an agriculture officer's compliance will be within the prerogative and authorities of such director.

History

Statutory Authority: RCW 43.101.080. WSR 05-20-029, § 139-05-920, filed 9/28/05, effective 10/29/05. Statutory Authority: RCW 43.101.080(2). WSR 86-19-021 (Order 1-B), § 139-05-920, filed 9/10/86.

Wash. Admin. Code § 139-05-925 Requirement of training for railroad police officers.

(1) For the purpose of this regulation, the term "railroad police" means any individual appointed by the commission under the provisions of RCW 81.60.010 through 81.60.060.

(2) Effective January 1, 2002, as a precondition of any newly appointed railroad police officer to enforce the laws of this state, railroad police must:

(a) Possess the commission's basic certificate, or in the alternative have successfully completed training and possess a basic certification from another state. In the event certification and training are from another state, the newly appointed railroad police officer must satisfactorily complete the equivalency course approved by the commission, within the first six months of employment.

(b) The above requirements do not apply to railroad police officers appointed prior to January 1, 2002; however, they may, if qualified, attend the equivalency academy.

(c) Railroad police officers whose primary duties are those of administration of other railroad police officers may request an administrative exemption from the above training requirements. Administrative exemptions may be granted by the commission provided that the initial grant and continuing effect of such exemption is governed by the provisions of WAC 139-05-205.

(3) It is the responsibility of the railroad police officer's employing agency to effect and ensure personnel compliance herein, and provide necessary records, proof of background check information upon request of the commission to which the employing agency is accountable for purposes of compliance.

(4) The corporation requesting appointment of a railroad police officer will bear the full cost of training or any other expenses.

History

Statutory Authority: RCW 43.101.080. WSR 05-20-029, § 139-05-925, filed 9/28/05, effective 10/29/05
WSR 03-19-122, § 139-05-925, filed 9/17/03, effective 10/18/03
WSR 02-02-004, § 139-05-925, filed 12/20/01, effective 1/20/02. Statutory Authority: RCW 43.101.080(2). WSR 90-07-012, § 139-05-925, filed 3/13/90, effective 4/13/90.

Wash. Admin. Code § 139-05-935 Review of staff action.

Any person aggrieved by a decision of commission staff under this chapter, or the head of the aggrieved person's agency, may request review by the commission by making a request for an adjudicative proceeding under WAC 139-03-020.

History

Statutory Authority: RCW 43.101.080. WSR 05-20-029, § 139-05-935, filed 9/28/05, effective 10/29/05.

Wash. Admin. Code § 139-05-940 Exemption, waiver, extension or variance.

Any request for exemption, waiver, extension or variance from any requirement of this chapter must be made under WAC 139-03-030.

History

Statutory Authority: RCW 43.101.080. WSR 05-20-029, § 139-05-940, filed 9/28/05, effective 10/29/05.

Chapter 139-06 Certification—Notices, investigations, hearings, and actions.

Wash. Admin. Code § 139-06-010 Certification.

(1) All peace officers, tribal police officers, and correction officers shall submit a signed officer certification form to the commission to officially request certification as a certified officer in Washington state. The form shall be submitted to the commission by the applicant once the applicant has met all requirements.

(a) Responsibility for the review and acceptance of an applicant's psychological background, polygraph, and other background materials 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.

(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).

(b) The commission shall issue a certificate upon verification that an applicant is eligible for certification.

(2) The commission shall allow the certified officer to retain certification provided that the certified officer:

(a) Timely meets basic training requirements or is exempted in whole or in part under RCW 43.101.200 or 43.101.220, or under policies of the commission;

(b) Has not had a break of more than 24 consecutive months of service;

(d) Has not had certification suspended or revoked by the commission.

(3) Following a break in service and timely meeting the basic training requirements, certified officer shall, upon return to service, submit an officer certification form to the commission as described in subsection (1) of this section.

(a) The commission shall issue a certificate of officer certification upon verification that the applicant is eligible for certification.

(b) If a certified officer's break in service is less than 24 months and the certified officer's certification remains in good standing, no additional training is required.

(c) If a certified officer's break in service was more than 24 consecutive months and less than 60 months and certification is in good standing, the lapsed certified officer must comply with commission training requirements per WAC 139-05-200 and 139-05-210.

(d) If a certified officer's break in service is over 60 months and certification is in good standing, the applicant must attend the basic law enforcement academy or the corrections officer academy. The employing agency may also request a variance per WAC 139-05-940.

(4) A certification granted based on an administrative exemption under WAC 139-05-200 shall remain in effect for the duration of the exemption. However, such certification is subject to the requirements of RCW 43.101.105.

(5) Upon determination that a certification form contains missing or erroneous information, the commission shall notify the applicant and the employing agency and the applicant must submit the correct information to the commission within 30 days of the date the request is issued. Failure to submit the correct information within the required time shall result in a recommendation to deny the request for certification.

(6) In order to determine an applicant's eligibility for certification, the commission may request records and information in addition to that provided on the officer certification form. The applicant or the applicant's employing agency shall submit the requested records and information within 30 days of the date the request is issued. Failure to comply with the commission's request shall result in a recommendation to deny the request for certification.

History

Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-010, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 03-02-010, § 139-06-010, filed 12/20/02, effective 1/20/03.

Wash. Admin. Code § 139-06-015 Tribal certification.

Tribal governments may voluntarily request certification for their police officers.

(1) Tribal governments requesting certification for their police officers must enter into a written agreement with the commission.

(2) The agreement must require the tribal law enforcement agency and its officers to comply with all certification requirements as those requirements are applied to all other officers certified under this chapter and the policy of the commission.

(3) To ensure clarity regarding the requirements with which the tribal government and its police officers must comply should the tribal government request certification, a tribal government may first request consultation with the commission.

(4) Applicants for certification as tribal police officers shall meet the requirements of this chapter and the policy of the commission as those requirements are applied to certification of all officers. Application for certification as a tribal police officer shall be accepted and processed in the same manner as those for certification of all officers.

History

Statutory Authority: RCW 43.101.080. WSR 23-01-086, § 139-06-015, filed 12/16/22, effective 1/16/23.

Wash. Admin. Code § 139-06-020 Agency reporting requirements—Force, separation, and investigation.

(1) Within 15 days the employing agency of either a certified officer or reserve officer shall use an approved form to notify the commission of the following occurrences:

(a) When a certified officer or reserve officer is separated from the agency for any reason;

(b) When the agency first learns of a use of force by a certified officer or reserve officer, including canine bites, that caused serious injury or death;

(c) When the agency first learns that a certified officer or reserve officer has been charged with a crime. An employing agency shall have written policies that require a certified officer or reserve officer to immediately report any pending criminal charges and any conviction, plea, or other case disposition to their agency; and

(d) When the agency makes an initial disciplinary decision for alleged misconduct by a certified officer or reserve officer that is noncriminal and may constitute misconduct within RCW 43.101.105.

(2) An employing agency shall provide timely updates to the commission on the status of a reported internal investigation until the investigation concludes.

(3) If the employing agency accepts a certified officer's or reserve officer's resignation or retirement in lieu of termination, the employing agency shall report the reasons and rationale in the information provided to the commission including the findings from any internal or external investigations into alleged misconduct.

(4) If the totality of the circumstances supports a conclusion that a certified officer or reserve officer resigned or retired in anticipation of discipline, the agency who employed the officer at the time of the misconduct shall timely conduct and complete an internal investigation and provide all relevant information to the commission as it would if the officer were still employed by the agency, regardless of whether the misconduct was discovered at the time:

(a) When such discipline if carried forward would more likely than not have led to discharge; or

(b) If the certified officer or reserve officer was laid off when disciplinary investigation or action was imminent or pending which could have resulted in the officer's suspension or discharge.

(5) Within 15 days of the conclusion of its internal investigation, the agency shall provide the commission with a summary of findings.

(a) If sustained misconduct results in separation, then a commission separation form is also required.

(b) The commission will review the separation form and may request investigative files for review of certification misconduct.

(6) The agency shall, upon request by the commission, provide any records and information the commission deems necessary to determine whether the certified officer committed misconduct that falls within RCW 43.101.105.

(7) In addition to disciplinary action authorized in RCW 43.101.105, the commission may impose a civil penalty not to exceed $10,000 for the failure by a certified officer, reserve officer, or an employing agency to timely and accurately report information pursuant to this section.

(8) Pursuant to RCW 43.101.135(7) an employing agency may not enter into any agreement or contract with a certified officer, reserve officer, or labor union that:

(a) Agrees not to report conduct, or to delay reporting, or to preclude disclosure of any relevant information to the commission, including any promise not to inform the commission that a certified officer or reserve officer may have committed misconduct in exchange for allowing that officer to resign or retire or for any other reason; or

(b) Allows the agency to destroy or remove any personnel record while the certified officer or reserve officer is employed and for 10 years thereafter. Such records must include all misconduct and equal employment opportunity complaints, progressive discipline imposed including written reprimands, supervisor coaching, suspensions, involuntary transfers, investigatory files, and any other disciplinary appeals and litigation records.

History

Statutory Authority: RCW 43.101.080. WSR 23-19-038, § 139-06-020, filed 9/13/23, effective 10/14/23. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-020, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 03-02-010, § 139-06-020, filed 12/20/02, effective 1/20/03.

Wash. Admin. Code § 139-06-030 Investigative authority and duty to cooperate.

(1) Except when otherwise required by RCW 43.101.105 (2) or (3), the commission has authority to undertake an investigation regardless of the status of any administrative or criminal investigations into the matter by other agencies.

(2) An agency shall cooperate in any investigation conducted by the commission regarding a certified officer's certification status. This includes providing records and information when requested.

(a) Upon receipt of a request an agency has 30 days to provide requested records.

(b) If the totality of the circumstances supports a conclusion that a certified officer resigned or retired in anticipation of discipline, then the agency who employed the officer at the time of the misconduct shall timely conduct and complete an investigation and provide all relevant information to the commission in accordance with WAC 139-06-020(4) and as if the certified officer were still employed by the agency.

(3) A certified officer must authorize the release of their personnel file to the employing agency and the commission including disciplinary, termination, civil or criminal investigation, and other records and information directly related to a certification before the commission under RCW 43.101.095 and 43.101.105.

(4) Requests from the commission for records under chapter 43.101 RCW are not subject to any exemptions, redactions, waiting periods, or timelines associated with the Public Records Act, chapter 42.56 RCW.

(5) A certified officer must also consent to and facilitate a review of the certified officer's social media accounts when relevant to an investigation brought before the commission pursuant to RCW 43.101.095(4).

(a) The certified officer is not required to provide login information pursuant to RCW 49.44.200.

(b) The release of records and information may not be delayed, limited, or precluded by any agreement or contract between the certified officer or the certified officer's union and the entity responsible for the records and information.

(6) An employing agency may not enter into any agreement or contract with a certified officer or union that:

(a) Agrees not to report conduct or to delay reporting or to preclude disclosure of any relevant records and information to the commission, including any promise not to inform the commission that the certified officer may have committed misconduct in exchange for allowing a certified officer to resign or retire or for any other reason; or

(b) Allows the agency to destroy or remove any personnel record while the certified officer is employed and for 10 years thereafter. Such records must include all misconduct and equal employment opportunity complaints, progressive discipline imposed including written reprimands, supervisor coaching, suspensions, involuntary transfers, investigatory files, and other disciplinary appeals and litigation records.

History

Statutory Authority: RCW 43.101.080. WSR 23-01-086, § 139-06-030, filed 12/16/22, effective 1/16/23. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-030, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 03-02-010, § 139-06-030, filed 12/20/02, effective 1/20/03.

Wash. Admin. Code § 139-06-040 Investigation and appeal—Procedures for misconduct.

(1) Commission investigations are to determine whether there is preponderance of the evidence to believe the certified officer's certification should be denied, revoked, or suspended.

(2) Investigations may commence on the commission's own initiative under RCW 43.101.105, or upon receiving a complaint per WAC 139-17-010.

(3) The commission may conduct its investigation before, during, or after any internal or criminal investigation by another agency, except in cases where a revocation decision requires a finding that the certified officer's conduct violated policy or law under RCW 43.101.105 (2) or (3).

(4) The commission may investigate any instance where there is a pattern of acts by a certified officer that may have not resulted in formal adjudication of wrongdoing but when considered together demonstrate conduct that would constitute a violation of RCW 43.101.105 (2) or (3).

(5) The commission may initiate a certification hearing by preparing a statement of charges regardless of the status or posture of any internal disciplinary action by the employing agency.

(6) Upon a determination by the commission that there is a preponderance of the evidence to believe that a certified officer's certification should be denied, revoked, or suspended, the commission shall prepare a statement of charges and commence proceedings under RCW 43.101.155.

(7) Upon a determination by the commission that there is not preponderance of the evidence to revoke, suspend, or deny the certified officer's certification, a copy of the decision not to proceed, with a brief statement of the reasons for the decision, shall be furnished to the certified officer's employing agency and the complainant, if any.

(8) The certified officer's employing agency, or the complainant, if any, may request a review by the executive director of the commission, or their designee, of a determination that there is not preponderance of the evidence to revoke or suspend the certified officer's certification, by making such request in writing within 14 days of the receipt of written notification of the decision not to proceed.

(9) The commission's final order is subject to the judicial review provisions of the Administrative Procedure Act, RCW 34.05.510 through 34.05.598.

(10) The commission shall maintain all records obtained during an investigation in a permanent file in accordance with the retention schedule provided in RCW 43.101.400.

History

Statutory Authority: RCW 43.101.080. WSR 23-19-038, § 139-06-040, filed 9/13/23, effective 10/14/23. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-040, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 03-02-010, § 139-06-040, filed 12/20/02, effective 1/20/03.

Wash. Admin. Code § 139-06-050 Statement of charges and notification for hearing.

(1) The commission shall prepare a statement of charges providing the grounds for denial, suspension, or revocation of the certified officer's certification under RCW 43.101.105.

(a) The statement of charges shall include a notice informing the certified officer that they are entitled to a hearing on the denial, suspension, or revocation of their certification, the steps to request a hearing, and that failure to request or attend a hearing will cause their certification to be denied or revoked.

(b) The statement of charges shall be sent to the certified officer and to the agency that employed the certified officer at the time of the alleged misconduct. If the certified officer is employed by a different law enforcement agency at the time the statement of charges is issued, that agency shall also be sent a copy of the statement of charges.

(2) A request for a hearing on the potential denial, suspension, or revocation of certification must be made by the certified officer on an approved form and received by the commission within 60 days from the date of sending the statement of charges.

(a) If a hearing is requested, the officer must provide an email address that constitutes the officer's legal address for purposes of any subsequent communication from the commission.

(b) If a hearing is requested, the first prehearing conference shall be held within 14 days of receipt of the hearing request form. The hearing shall occur within 90 days of the first prehearing conference.

(c) Any date related to the hearing schedule including, but not limited to, the dates of prehearing and status conferences, due dates for pleadings, briefings, and exhibits and the date of the hearing itself may be extended upon mutual agreement of the parties or for good cause.

(3) Failure by the certified officer to request a hearing within 60 days of sending of the statement of charges, or failure by the certified officer or their counsel to appear at any prehearing or status conference, shall constitute default and the commission shall enter an order of default and final order under RCW 34.05.440.

(4) Failure of the certified officer to appear at the scheduled hearing shall constitute default and the hearing panel shall enter an order of default and final order under RCW 34.05.440.

(5) The certified officer may waive the right to a hearing on an approved form. By waiving the right to a hearing, the certified officer acknowledges that their certification will be revoked, suspended, or denied and that the commission shall enter an order of default and a final order under RCW 34.05.440.

History

Statutory Authority: RCW 43.101.080. WSR 23-19-038, § 139-06-050, filed 9/13/23, effective 10/14/23. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-050, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 03-02-010, § 139-06-050, filed 12/20/02, effective 1/20/03.

Wash. Admin. Code § 139-06-060 Hearing panels.

(1) The commission shall cultivate a list of qualified individuals to be appointed as members of hearing panels in certification actions.

(a) Names of qualified individuals interested in serving as panel members under RCW 43.101.380 may be submitted by any person for consideration by the commission. The commission will establish desired qualifications in policy.

(b) Commissioners will be appointed to hearing panels by the commission's governing body.

(i) Hearing panel member application;

(ii) Cover letter;

(iii) Resume;

(iv) The names and contact information for three references; and

(v) Letter of support from their agency supervisor or administrator. Members of the public may submit a letter of recommendation in lieu of a letter of support.

(d) Materials shall be submitted to the commission's hearing coordinator at the following address: 19010 1st Avenue South, Burien, Washington 98148. Materials may also be submitted via email, as identified on the commission website.

(2) The commission shall review applications and submit a list of qualified individuals to the commission. The commission shall have sole discretion over the selection of panel members.

(3) Prior to the hearings panel being selected for a hearing, the commission will confirm with panelists that they have no conflicts of interest as outlined in the hearing panel member handbook. Examples of conflicts of interest include, but are not limited to, the below situations:

(a) Personal, working, and financial relationships, past or present; and

(b) Shared affiliations in groups, organizations, and activities.

(4) If a panel member is concerned that they have a conflict of interest, including a relationship with a party or a witness that would prevent the panel member from judging the case fairly, they must notify the commission as soon as possible. If the petitioner or respondent has any motion for disqualification of a panel member, the motion must be filed prior to or at the first prehearing conference.

(5) If there is a panel member replacement prior to the hearing, parties must file a motion for disqualification within 10 days of service of notice of the replacement.

(6) A five-member hearings panel shall hear the case and will make the commission's final administrative decision based on a majority of the vote.

(7) When a hearing is requested in relation to a certification action of a Washington peace officer, the commission shall appoint to the panel:

(a) One police chief or sheriff from an agency, who is not a current or past employer of the certified officer;

(b) One certified Washington officer who is at or below the level of first line supervisor and who has at least 10 years' experience as an officer;

(d) One member of the public who is not a prosecutor, defense attorney, judge, or officer; and

(e) One person with expertise and background in police accountability who is not a current or former certified officer.

(8) When a hearing is requested in relation to a certification action of a Washington corrections officer, the commission shall appoint to the panel:

(a) A person who heads either a city or county corrections agency or facility or of a Washington state department of corrections facility;

(b) One corrections officer who is at or below the level of first line supervisor and who has at least 10 years' experience as a corrections officer;

(d) One member of the public who is not a prosecutor, defense attorney, judge, or officer; and

(e) One person with expertise and background in police accountability who is not a current or former certified officer.

(9) When a hearing is requested in relation to a certification action of a tribal police officer, the commission shall appoint to the panel:

(a) One tribal police chief;

(b) One tribal police officer who is at or below the level of first line supervisor, and who has at least 10 years' experience as an officer;

(d) One member of the public who is not a prosecutor, defense attorney, judge, or officer; and

(e) One person with expertise and background in police accountability who is not a current or former certified officer.

History

Statutory Authority: RCW 43.101.080. WSR 25-19-056, s 139-06-060, filed 9/11/25, effective 10/12/25. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-060, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 03-02-010, § 139-06-060, filed 12/20/02, effective 1/20/03.

Wash. Admin. Code § 139-06-070 Conference and hearings procedures.

(1) In all hearings requested under RCW 43.101.155, an administrative law judge (ALJ) appointed under chapter 34.12 RCW shall preside over all prehearing conferences, status conferences, and the hearing itself. The ALJ makes all necessary prehearing and hearing rulings, but is not entitled to deliberate, vote, or make any final recommendation.

(2) The attorney general's office shall represent commission staff in all adjudicative proceedings before a hearing panel.

(3) Once the commission hearings coordinator receives the request for hearing, the first prehearing conference shall be held within 14 days unless that time is extended by mutual agreement of the parties or for good cause.

(a) The ALJ shall serve timely notice of the initial prehearing conference on all parties.

(b) The notice will contain the date and time of the first prehearing conference, the sign-on information, and the names of the hearing panel members.

(4) The first prehearing conference is administrative. Its primary purpose is to schedule the hearing date, which must occur within 90 days of the first prehearing conference unless that time is extended on mutual agreement of the parties or for good cause.

(a) During the first prehearing conference, the ALJ may schedule due dates for the filing of any prehearing briefs, witness lists, exhibit lists and exchange of exhibits, objections to witnesses and exhibits, and prehearing motions. The ALJ will also schedule a second prehearing conference.

(b) The ALJ shall issue a prehearing conference order within one week of the conclusion of the first prehearing conference. The prehearing conference order shall describe the action taken at the conference and the parties' agreements.

(5) The purpose of the second prehearing conference is to address the parties' evidentiary objections and ascertain the parties' readiness to proceed to hearing. Parties shall be prepared to discuss all evidentiary objections, all motions, and any remaining matters.

(a) The ALJ will make any necessary rulings on motions and evidentiary objections.

(b) The ALJ shall issue an order within 10 days of the conclusion of the second prehearing conference.

(c) After the second prehearing conference, the panel members will be provided with copies of all materials admitted into evidence, the witness lists, the statement of charges, and the briefings submitted by the parties.

(6) Failure of the respondent or the respondent's attorney to attend or participate in any scheduled prehearing conference will result in a finding of default and an order will be entered under RCW 34.05.440.

(7) Hearings may be held in-person or virtually.

(a) Once the hearing date has been set, a written notice will appear on the commission website with the date, time, and location of the hearing.

(b) Hearings are open to the public and accommodations will be made for public attendance of virtual meetings.

(8) If an in-person hearing is scheduled, the hearings coordinator will provide an admitted exhibits binder including all admitted exhibits from both parties. Both parties shall use the admitted exhibits binder to reference or display any admitted exhibits during the hearing. If a virtual hearing is scheduled, the parties shall maintain control of their exhibits and, if necessary, will be required to share their screens when referencing or displaying an admitted exhibit during the proceeding. Parties are forbidden from screen sharing any portion or version of exhibits not previously admitted.

(9) If an in-person hearing is scheduled, the respondent must attend the proceeding in person. A respondent's failure to comply with this attendance requirement will result in the revocation, suspension, or denial of certification and the hearings panel shall enter an order of default and final order under RCW 34.05.440.

(a) In-person hearings will be conducted at the training commission located at: 19010 1st Avenue South, Burien, Washington, 98148.

(b) If a virtual hearing is scheduled, the respondent shall remain visible on screen at all times the parties are on the record. A respondent's failure to comply with this attendance requirement will result in the revocation, suspension, or denial of certification and the hearings panel shall enter an order of default and final order under RCW 34.05.440.

(10) Regardless of whether a hearing is scheduled in-person or virtually, witnesses may testify at the hearing in-person, by telephone, or virtually.

(11) A five-member hearings panel shall hear the case and will make the commission's final administrative decision based on a majority of the vote.

(12) The standard of proof for certification proceedings is a preponderance of the evidence. RCW 43.101.380(1).

(13) The commission staff bears the burden of proof in actions before the hearings panel to deny, suspend, or revoke an officer's certification, or require remedial training for an officer.

(14) In an appeal of the commission's final administrative decision issued by the hearing panel, the appellant bears the burden of proof, unless otherwise provided by law.

History

Statutory Authority: RCW 43.101.080. WSR 25-19-056, s 139-06-070, filed 9/11/25, effective 10/12/25
WSR 24-07-042, § 139-06-070, filed 3/13/24, effective 4/13/24
WSR 23-19-038, § 139-06-070, filed 9/13/23, effective 10/14/23. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-070, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 03-02-010, § 139-06-070, filed 12/20/02, effective 1/20/03.

Wash. Admin. Code § 139-06-080 Filing of documents for hearings.

WAC 139-06-080

(1) 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.

History

Statutory Authority: RCW 43.101.080. WSR 26-13-044, s 139-06-080, filed 6/11/26, effective 7/12/26
WSR 25-19-056, s 139-06-080, filed 9/11/25, effective 10/12/25. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-080, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 03-02-010, § 139-06-080, filed 12/20/02, effective 1/20/03.

Wash. Admin. Code § 139-06-100 Outcomes for determinations of misconduct—Denial, suspension, revocation, retraining, or dismissal of the statement of charges.

(1) When an applicant or certified officer is found to have committed misconduct listed under RCW 43.101.105(3), the commission may convene a hearing panel to review the facts and, with any finding of misconduct, determine any appropriate outcomes. Outcomes include any or multiple of the following: Denial, suspension, revocation of certification, remedial training, or dismissal of the statement of charges. In determining an appropriate outcome following a finding of misconduct, the hearings panel shall review the following evidence, if admitted:

(a) Information provided by the complainant(s), if any;

(b) The final disposition and all supporting documentation and information submitted to the commission and the basis for the final disposition following an investigation by a law enforcement or corrections agency regarding alleged misconduct;

(c) The final disposition and any documentation submitted to the commission and the basis for the final disposition of any due process hearing or disciplinary appeals hearing provided such hearing has occurred prior to the commission's action;

(d) Any information obtained by the commission through its own investigation or research;

(e) Any discipline or training ordered by the employing agency regarding the alleged misconduct; and

(f) Whether the employing agency bears any responsibility for the situation.

(2) Additional bases for determining appropriate outcomes shall be developed by the commission.

(3) The fact that the commission has suspended the certified officer's certification is not in and of itself a bar to the employing agency's maintenance of the officer's health and retirement benefits.

(4) Any suspension imposed by the commission shall run concurrently to any leave or discipline imposed by the employing agency for the same incident.

(5) An agency may not terminate the certified officer based solely on imposition of suspension or probation by the commission.

(6) This subsection does not prohibit a law enforcement agency from terminating the certified officer based on the underlying acts or omissions for which the commission took such action.

(7) Reserve officers are subject to the same commission actions as certified officers based on alleged misconduct listed in RCW 43.101.105 (2) and (3) if the reserve officers are certified pursuant to RCW 43.101.095.

History

Statutory Authority: RCW 43.101.080. WSR 23-19-038, § 139-06-100, filed 9/13/23, effective 10/14/23
WSR 23-01-086, § 139-06-100, filed 12/16/22, effective 1/16/23. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-100, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 03-02-010, § 139-06-100, filed 12/20/02, effective 1/20/03.

Wash. Admin. Code § 139-06-110 Final order.

(1) The hearings panel shall enter a final order within 90 days of the conclusion of the hearing. The commission shall serve a copy of the order to the parties and the certified officer's employing agency. It will also appear on the commission website.

(2) The final order issued by the hearings panel shall be the final decision of the commission.

(3) The transcripts, admitted evidence, recordings, and written decision of the hearings panel on behalf of the commission are not confidential or exempt from public disclosure and are subject to subpoena and discovery proceedings in civil actions.

(4) The final order shall include information for respondents to petition for reconsideration or judicial review contained in RCW 34.05.510 through 34.05.598.

(5) The commission's final order is subject to the judicial review provisions of the Administrative Procedure Act, RCW 34.05.510 through 34.05.598.

History

Statutory Authority: RCW 43.101.080. WSR 25-19-056, s 139-06-110, filed 9/11/25, effective 10/12/25. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-110, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 03-02-010, § 139-06-110, filed 12/20/02, effective 1/20/03.

Wash. Admin. Code § 139-06-130 Standards for readmission to academy, certification after denial, and reinstatement of certification.

(1) A person denied a certification based upon dismissal or withdrawal from a basic academy under RCW 43.101.105 (3)(a) is eligible for readmission and certification upon meeting standards established in the rules of the commission.

(2) A person whose certification is denied or revoked based upon prior administrative error of issuance, failure to cooperate, or interference with an investigation is eligible for certification upon meeting standards established in commission policy per RCW 43.101.115(2).

(3) A person whose certification is mandatorily denied or revoked pursuant to RCW 43.101.105(2) is not eligible for certification at any time.

(4) A person whose certification is denied or revoked for reasons other than provided in subsections (1) through (3) of this section may, five years after the revocation or denial, petition the commission for reinstatement of certification or for eligibility for reinstatement.

(a) The commission may hold a hearing on the petition to consider reinstatement, and the commission may allow reinstatement based upon standards established in commission policy.

(b) If certification is reinstated or eligibility for certification is determined, the commission shall establish a probationary period of certification.

(5) A person whose certification is revoked based solely upon a criminal conviction may petition the commission for reinstatement immediately upon final judicial reversal of the conviction. The commission shall hold a hearing on a request to consider reinstatement. The commission may allow reinstatement based on standards established in commission policy. If the certificate is reinstated or if eligibility for certification is determined, the commission shall establish a probationary period of certification.

(6) A person whose certification has been denied or revoked may petition the commission for certification or reinstatement of certification as such time as they are eligible under RCW 43.101.115 and this section.

(7) The commission's policies and decisions regarding reinstatement shall align with its responsibilities to enhance public trust and confidence in the law enforcement profession and correctional system.

History

Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-130, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 03-02-010, § 139-06-130, filed 12/20/02, effective 1/20/03.

Wash. Admin. Code § 139-06-140 Hearing on petition for eligibility for certification or reinstatement of certification.

(1) The commission may hold a hearing to determine the previously certified officer's eligibility for certification or reinstatement of certification per RCW 43.101.115.

(a) The commission will review the request and determine whether to hold a hearing based on criteria established in commission policy. All parties shall be notified of the decision in writing and the reasons for the decision, if denied.

(b) Where a petition is denied, all parties may appeal the denial utilizing commission appeal processes within 14 days of receipt of notification that the petition was denied.

(c) The executive director or designee will review an appeal and make a written determination within 30 days of receiving an appeal.

(2) Hearings on eligibility for certification or reinstatement of certification shall be conducted by a hearing panel.

(a) The hearing panel as defined in RCW 43.101.380 shall review the certification file and any additional records and information submitted by the parties prior to the hearing and may request any additional records and information to assist in its determination.

(b) The issues shall be limited to whether eligibility for certification is met, whether certification should be reinstated, and whether probationary terms should be imposed as a condition of reinstatement pursuant to WAC 139-06-150.

(3) The hearing panel shall enter its decision on the petition by written order as soon as possible within 90 days of the conclusion of the hearing, unless the time is extended for good cause or waived. A copy of the order shall be sent to the parties and to their employing agency.

(4) The decision of the hearing panel shall be the final order of the commission.

(5) The respondent whose petition for eligibility for certification or reinstatement of certification was denied by a hearing panel for reasons other than those outlined in RCW 43.101.115 (1), (2), and (3) may file a subsequent petition after five years have lapsed since the date of the entry of the hearing panel's final written order denying the prior petition. If a second petition for reinstatement is denied, no further petitions may be filed. The commission will not consider or accept a petition for reinstatement submitted after two prior petitions have been denied.

History

Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-140, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 14-01-046, § 139-06-140, filed 12/11/13, effective 1/11/14
WSR 03-02-010, § 139-06-140, filed 12/20/02, effective 1/20/03.

Wash. Admin. Code § 139-06-150 Terms of suspension, probation, and retraining.

WAC 139-06-150

(1) The 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.

History

Statutory Authority: RCW 43.101.080. WSR 26-13-044, s 139-06-150, filed 6/11/26, effective 7/12/26. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-150, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 03-02-010, § 139-06-150, filed 12/20/02, effective 1/20/03.

Wash. Admin. Code § 139-06-160 Miscellaneous.

The rules contained in this chapter are intended to supplement the procedures contained in the Administrative Procedure Act, chapter 34.05 RCW, and the model rules of procedure, chapter 10-08 WAC.

(1) In the case of conflict between the model rules of procedure and the rules adopted in this chapter, the rules adopted in this chapter shall govern.

(2) Certified officer certification proceedings are distinct from proceedings before the commission under chapter 139-03 WAC and this chapter is not intended to modify chapter 139-03 WAC.

(3) This chapter is not intended to affect standards relating to civil service appeals, to collective bargaining remedies, or to any similar remedies of employment actions.

History

Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-06-160, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 03-02-010, § 139-06-160, filed 12/20/02, effective 1/20/03.

Chapter 139-07 Conditions of employment.

Wash. Admin. Code § 139-07-010 Conditional 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.

History

Statutory Authority: RCW 43.101.080. WSR 25-13-046, s 139-07-010, filed 6/11/25, effective 7/12/25. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-07-010, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 13-02-060, § 139-07-010, filed 12/27/12, effective 1/27/13
WSR 10-07-037, § 139-07-010, filed 3/10/10, effective 4/10/10.

Wash. Admin. Code § 139-07-020 Background information.

(1) Hiring agency background checks must include the following records and information for new applicants:

(a) Criminal history;

(b) National decertification indices or data banks;

(d) All disciplinary records by any previous law enforcement or correctional employer, including complaints or investigations of misconduct, to include the outcome of any investigation regardless of the result, and the reason for separation from employment. Previous law enforcement or corrections employers must provide this information, including the reason for separation from employment with the agency, within 30 days of receiving a written request from the agency conducting the background check;

(e) Verification from the local prosecuting authority in any jurisdiction in which the applicant has served as to whether the applicant is on any impeachment disclosure lists;

(f) Inquiry into whether the applicant has any past or present affiliations with extremist organizations, as defined in commission policy;

(g) A review of the applicant's social media accounts;

(h) Verification of citizenship status as either a citizen of the Unites States of America or a lawful permanent resident;

(i) A psychological examination and recommendation administered by a qualified professional pursuant to chapter 18.71 or 18.83 RCW, in compliance with standards established in commission policy per WAC 139-07-030;

(j) A polygraph or equivalent assessment administered by a qualified professional with appropriate training and in compliance with standards established in commission policy per WAC 139-07-040; and

(k) Any basis for disqualification listed under RCW 43.101.105 (2) or (3).

(2) An applicant, including new hires and in-state laterals, may be offered employment by more than one agency. The background results may be shared with more than one agency under the following circumstances:

(a) The hiring agency which initiated the background investigation agreed to share the results of the investigation in full with another hiring agency;

(b) The applicant signed a release permitting another hiring agency to have the report;

(d) The job analyses of both agencies are substantially similar.

(3) Prior to a potential officer's registration into an academy, the hiring agency shall certify to the commission that the agency has completed the background check, no information has been found that would disqualify the applicant from certification, and the applicant is suitable for employment as an officer.

(4) Backgrounds, older than six months, of an officer shall be considered invalid for the purpose of RCW 43.101.080(15) and 43.101.095(2).

History

Statutory Authority: RCW 43.101.080. WSR 23-01-086, § 139-07-020, filed 12/16/22, effective 1/16/23. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-07-020, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080 and 2018 c 32. WSR 18-19-066, § 139-07-020, filed 9/17/18, effective 10/18/18. Statutory Authority: RCW 43.101.080. WSR 13-02-060, § 139-07-020, filed 12/27/12, effective 1/27/13
WSR 10-07-037, § 139-07-020, filed 3/10/10, effective 4/10/10.

Wash. Admin. Code § 139-07-030 Psychological examination.

(1) The psychological examination shall be administered by a qualified professional who is a psychiatrist licensed in the state of Washington pursuant to chapter 18.71 RCW or a psychologist licensed in the state of Washington pursuant to chapter 18.83 RCW.

(a) The examiner shall be trained and experienced in psychological testing, test interpretation, psychological examination techniques, and the administration of psychological examinations specific to law enforcement or corrections agencies;

(b) Agencies should confirm with the Washington state department of health that the examiner is in good standing;

(c) If the examiner has less than one year experience in psychological examination for public safety, then they shall be supervised by an examiner with at least two years' experience in psychological examination for public safety;

(d) The examiner shall be trained and knowledgeable in issues regarding discrimination, implicit and explicit bias, and police-community relations;

(e) The examiner shall be trained and knowledgeable in issues of posttraumatic stress and traumatic brain injury;

(f) The examination shall be based upon attributes considered most important for effective performance as an officer; such attributes may be identified from a job analysis and data provided by the hiring agency. Attributes should include self and emotional regulation, decision making and judgment, conflict management, stress tolerance, dominance vs. passivity, and other interpersonal and psychological characteristics that allow for insight to an individual's potential to adequately perform the essential duties of an officer and to determine what, if any, risk factors exist in the applicant's profile based on objective examination results; and

(g) The examination report, including all examination materials and documentation used to complete the examination report, shall be maintained in a manner consistent with applicable confidentiality, records retention, and public disclosure laws and rules.

(2) Psychological examination reports older than six months shall be considered invalid for the purpose of RCW 43.101.080(15) and 43.101.095(2).

(3) The examiner shall determine the psychological suitability of the applicant by an examination of whether they are free from job-relevant mental and emotional impairments including, but not limited to, psychopathology, personality disorders, and inappropriate behavior patterns.

(4) The sole purpose of the psychological examination under this chapter is compliance with RCW 43.101.080(15) and 43.101.095(2) and shall not be used for any other purpose.

(5) It is the responsibility of the hiring agency to receive and review the results of the psychological exam. The commission does not routinely review these exams but may do so pursuant to RCW 43.101.400.

(6) Prior to the examination, the applicant must consent in writing to the conditions of the evaluation. The informed consent should clearly state the hiring agency is the client so that the applicant knows that the entire examination would be shared with the agency.

(7) The examination shall include the following:

(a) A minimum of three written psychological tests that are objective, job-related, psychological instruments validated for use in evaluating law enforcement or correctional officers;

(i) For the purpose of this section, a validated test is defined as a test that has a substantial research base for interpretation with normal range populations in general and public safety applications in particular;

(ii) Validated tests used must be the most current versions and be consistent with current, objective, and relevant norms; and

(iii) It is the examiner's responsibility to determine what tests can and will be used to make a valid and reliable determination of applicant suitability based on available instruments that include current, objective, and relevant norms to the position in question;

(b) At least one comprehensive, face-to-face, clinical interview with the applicant conducted after a complete review of the psychological test results; if a complete review of the psychological test results is not completed prior to the interview, then a second interview shall be conducted;

(d) An opinion on psychological suitability by the examiner; and

(e) A list and summary of the information relied upon for the examination.

(8) Findings of the psychological examination shall be shared by the examiner with the hiring agency verbally with an opportunity to ask questions, as well as reported in writing.

(9) The examiner shall provide an opinion regarding the likelihood that an applicant can safely and effectively perform the essential functions of the position. Any risk factors should also be indicated as well. Areas of essential function to evaluate include, but are not limited to:

(a) Adaptability and flexibility;

(b) Avoidance or risk-tasking behaviors;

(d) Decision making and judgment;

(e) Emotional regulation and stress tolerance;

(f) Impulse control and attention to safety;

(g) Integrity and ethics;

(h) Social competence; and

(i) Teamwork.

(10) The written report shall include the following:

(a) The date of completion and a signature of the examiner;

(b) Name and date of birth of applicant, position applied for, and agency which made the conditional offer of employment;

(d) All the components of the examination, as defined in this chapter;

(e) Factors which could affect the reliability and validity of the examination; and

(f) An opinion of the psychological suitability of the applicant to be an officer for the hiring agency.

(11) An applicant may be offered employment by more than one agency that is conditional on the results of a psychological examination.

(12) The applicant may be required to pay all or a portion of the cost of the examination under RCW 43.101.080(15) and 43.101.095(2).

(13) One psychological examination may be shared with more than one agency under the following circumstances:

(a) The agency which initiated the psychological examination and the examiner agreed to share the psychological examination report and recommendations with another agency;

(b) The applicant signed a release permitting another agency to have the psychological examination report;

(d) The job analyses of both agencies are substantially similar.

History

Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-07-030, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 13-02-060, § 139-07-030, filed 12/27/12, effective 1/27/13
WSR 10-07-037, § 139-07-030, filed 3/10/10, effective 4/10/10.

Wash. Admin. Code § 139-07-040 Polygraph examination or other truth verification assessment.

(1) Polygraph assessments provide hiring agencies with insight into an individual's honesty and an opportunity to ask an array of additional background questions.

(2) Standards for polygraph assessments:

(a) Examiners must have graduated from a polygraph school accredited by the American Polygraph Association (APA) or an association with equivalent standards for membership. The examiner must also show that they are in compliance with completion of a minimum of 30 hours of APA-approved continuing education every two calendar years;

(b) Polygraph equipment used as a part of the preemployment assessment must meet a standard that has been proved to be valid and reliable by independent research studies other than those done by the manufacturer;

(c) Techniques for conducting a polygraph must meet industry standards and comply with all applicable federal and state laws including, but not limited to, the Employee Polygraph Protection Act, Equal Employment Opportunity Commission, Americans with Disabilities Act, and Washington state law against discrimination;

(d) Preemployment assessments are considered screening devices and are conducted in the absence of a known incident, allegation, or particular reason to suspect someone's involvement; and

(e) Assessment information and results should be considered confidential within the screening process to be used exclusively by the hiring agency to assist with the selection of an applicant.

(3) Polygraph assessments:

(a) Polygraph assessments administered under this chapter shall be based on data from existing research pertaining to screening and diagnostic polygraph assessments, risk assessment, risk management, and field investigation principles;

(b) Polygraph examiners shall ask questions including, but not limited to, the following topics: General background, employment history, police/corrections experience, driving record, military service, arrest information, personal habits, illegal drug use or possession, credit/financial, sexual activities, domestic violence/temperament, theft, and security and personal associations. Additional questions shall apply specifically to laterals and corrections officers; and

(c) The polygraph examiner shall assure that the polygraph equipment is properly functioning, maintained, and calibrated in compliance with the manufacturer's recommendation.

(4) At a minimum, a polygraph instrument shall continuously record the following components during the assessment process:

(a) Two pneumograph components to document thoracic and abdominal movement patterns associated with respiration;

(b) A component to record electro dermal activity reflecting relative changes in the conductance or resistance of current by epidermal tissues;

(d) A motion sensor.

(5) Examiners shall provide hiring agencies with a thorough report that analyzes the results of the assessment. Such report shall include any and all disclosures made by the applicant to the questions asked during the preassessment interview, as well as the results of the applicant's truthfulness to the assessment questions.

(6) The agency which authorized the polygraph assessment shall maintain all documentation of the assessment as required in the law enforcement records retention schedule provided by the Washington state secretary of state's office.

(7) It is the responsibility of the hiring agency to accept the results of the polygraph assessment. The commission does not routinely review these assessments but may do so pursuant to RCW 43.101.400.

(8) An applicant may be offered employment by more than one agency. The polygraph results may be shared with more than one law enforcement or correctional agency under the following circumstances:

(a) The agency which initiated the polygraph assessment agrees to share the results of the assessment in full with another hiring agency;

(b) The applicant signed a release permitting another hiring agency to obtain the assessment report;

(d) The job analyses of both agencies are substantially similar.

(9) Other truth verification assessments must be approved by the commission with additional rules established by the commission's governing body regarding its standards of use in fulfilling RCW 43.101.095.

(10) Polygraph reports older than six months shall be considered invalid for the purpose of RCW 43.101.080(15) and 43.101.095(2).

History

Statutory Authority: RCW 43.101.080. WSR 25-01-071, s 139-07-040, filed 12/12/24, effective 1/12/25
WSR 23-01-086, § 139-07-040, filed 12/16/22, effective 1/16/23. Statutory Authority: RCW 43.101.080 and 43.101.801. WSR 22-13-075, § 139-07-040, filed 6/9/22, effective 7/10/22. Statutory Authority: RCW 43.101.080. WSR 13-02-060, § 139-07-040, filed 12/27/12, effective 1/27/13
WSR 10-07-037, § 139-07-040, filed 3/10/10, effective 4/10/10.

Chapter 139-09 Crisis intervention training (CIT).

Wash. Admin. Code § 139-09-010 Definitions.

For the purposes of this chapter:

(1) The term "crisis intervention training" means training designed to provide tools and resources to Washington state law enforcement personnel in order to respond effectively to individuals who may be experiencing an emotional, mental, physical, behavioral, or chemical dependency crisis, distress or problem and that are designed to increase the safety of both criminal justice personnel and individuals in crisis.

(2) The term "crisis intervention team training" means a forty-hour crisis intervention training and is equivalent in meaning to the enhanced crisis intervention training referenced in RCW 43.101.427(3).

(3) "Peace officer" means any law enforcement personnel subject to the basic law enforcement training requirement of RCW 43.101.200 and any other requirements of that section, notwithstanding any waiver or exemption granted by the commission, and notwithstanding the statutory exemption based on date of initial hire under RCW 43.101.200. Commissioned officers of the Washington state patrol, whether they have been or may be exempted by rule of the commission from the basic training requirement of RCW 43.101.200, are included as peace officers for purposes of this chapter. Fish and wildlife officers with enforcement powers for all criminal laws under RCW 77.15.075 are peace officers for purposes of this chapter.

History

Statutory Authority: RCW 43.101.080 and 43.404.427. WSR 19-07-038, § 139-09-010, filed 3/14/19, effective 4/14/19.

Wash. Admin. Code § 139-09-020 Requirements of training for law enforcement personnel.

(1) The following law enforcement personnel are subject to the requirements of this chapter:

(a) All general authority Washington peace officers;

(b) Reserve peace officers who have completed a reserve academy as per WAC 139-05-810 or 139-05-825; and

(2) Annually, every peace officer must complete the commission's two-hour online crisis intervention course as part of the officer's annual twenty-four-hour in-service training requirement (WAC 139-05-300). Successful completion will include a passing score of eighty percent or higher on the online test given at the conclusion of the training.

(3) Each recruit as part of the basic law enforcement academy or Washington state patrol academy will successfully complete the eight-hour block of crisis intervention training. (RCW 43.101.427)

(4) Every general authority Washington peace officer that did not complete eight-hours of crisis intervention training as part of their basic law enforcement academy or Washington state patrol academy shall complete a training of not less than eight hours and shall be substantially similar in hours and content to the training offered through the basic training academy, or show proof of successful completion of an enhanced CIT program after January 1, 2008. Each attendee of the program shall be required to obtain written proof of completion of the program as provided by rules of the commission. (RCW 43.101.427)

History

Statutory Authority: RCW 43.101.080 and 43.404.427. WSR 19-07-038, § 139-09-020, filed 3/14/19, effective 4/14/19.

Wash. Admin. Code § 139-09-030 Crisis intervention training—Eight-hour course.

(1) Agencies seeking to provide the eight-hour crisis intervention training shall receive a certification from the commission and use commission-certified curricula and instructors.

(2) Agencies must use commission-approved curricula that contains at the minimum the following subject matter:

(a) Signs and symptoms of common mental health issues encountered by law enforcement personnel;

(b) Recommended crisis intervention techniques for common behavioral health and substance use disorder issues; and

History

Statutory Authority: RCW 43.101.080 and 43.404.427. WSR 19-07-038, § 139-09-030, filed 3/14/19, effective 4/14/19.

Wash. Admin. Code § 139-09-040 Crisis intervention team training—Forty-hour course.

(1) Agencies seeking to provide the forty-hour crisis intervention team training shall receive a certification from the commission and use commission-certified curricula and instructors.

(2) Agencies must use commission-approved curricula that contains at the minimum the following subject matter:

(a) Signs and symptoms of common mental health issues encountered by law enforcement;

(b) Crisis intervention techniques for common behavioral health and substance use disorder issues;

(d) Suicide prevention;

(e) Elders in crisis;

(f) Developmental and intellectual disabilities;

(g) Community resources;

(h) Interactions with community members with a mental health diagnosis;

(i) Commonly prescribed psychotropic medications; and

(j) Mock scenes or other practical exercises for students to demonstrate proficiency.

History

Statutory Authority: RCW 43.101.080 and 43.404.427. WSR 19-07-038, § 139-09-040, filed 3/14/19, effective 4/14/19.

Wash. Admin. Code § 139-09-060 Exemption, waiver, extension or variance.

Any request for exemption, waiver, extension, or variance from any requirement of this chapter must be made under WAC 139-03-030.

History

Statutory Authority: RCW 43.101.080 and 43.404.427. WSR 19-07-038, § 139-09-060, filed 3/14/19, effective 4/14/19.

Chapter 139-10 Corrections.

Wash. Admin. Code § 139-10-210 Requirement of basic corrections training for correctional personnel.

As a condition of continued employment, unless exempted by the commission, all correctional personnel, as defined in RCW 43.101.010, with the exception of those employed by the Washington state department of corrections prison division, must commence training in a basic corrections academy within the initial six-month period of employment, unless otherwise extended or waived by the commission, and then successfully complete the training. The commission and the department of corrections share the responsibility of developing and defining training standards and providing training for community corrections officers employed within the community corrections division of the department of corrections. Requests for extension or waiver of the basic training requirement must be submitted to the commission in writing as designated by commission policy and procedures.

(1) Correctional personnel must successfully complete the appropriate basic corrections academy according to job function as referred below:

(a) Corrections officers academy, as described in WAC 139-10-230.

(b) Misdemeanant probation counselors academy, as described in WAC 139-10-235.

(c) Community corrections officers academy and basic arrest, search, and seizure academy, as described in WAC 139-10-530.

(d) Juvenile services academy, as described in WAC 139-10-237.

(e) Juvenile corrections officers academy, as described in WAC 139-10-240.

(f) Juvenile rehabilitation academy, as described in WAC 139-10-245.

(2) Each agency employing correctional personnel, as defined in RCW 43.101.010, is responsible for full and complete compliance with the above training requirements. Additionally, each such agency must provide the commission with employment information necessary for the establishment and maintenance of complete and accurate training records on all affected employees, as required by WAC 139-10-213.

History

Statutory Authority: RCW 43.101.080. WSR 22-19-038, § 139-10-210, filed 9/14/22, effective 10/15/22
WSR 09-16-135, § 139-10-210, filed 8/5/09, effective 9/5/09
WSR 05-20-027, § 139-10-210, filed 9/28/05, effective 10/29/05
WSR 04-13-071, § 139-10-210, filed 6/15/04, effective 7/16/04
WSR 00-17-017, § 139-10-210, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.220. WSR 95-08-036 and 95-09-070, § 139-10-210, filed 3/30/95 and 4/19/95, effective 4/30/95 and 5/20/95. Statutory Authority: RCW 43.101.080(2). WSR 87-19-105 (Order 15-D), § 139-10-210, filed 9/18/87
WSR 86-19-021 (Order 1-B), § 139-10-210, filed 9/10/86. Formerly WAC 139-36-020.

Wash. Admin. Code § 139-10-211 Backgrounding requirement for admission to basic corrections officers academy.

For the purposes of this chapter, it is the responsibility of each sponsoring or applying agency to conduct a complete criminal records check to include a search of state and national criminal history records information regarding its applicant through the submission of the applicant's fingerprints to an appropriate agency or agencies.

Each application for academy attendance must be accompanied by a written attestation by the applying agency that:

(1) The criminal records check has been completed; and

(2) There are no disqualifying convictions.

History

Statutory Authority: RCW 43.101.080. WSR 18-13-058, § 139-10-211, filed 6/14/18, effective 7/15/18.

Wash. Admin. Code § 139-10-212 Physical requirements for admission to basic corrections academies.

(1) For admission to the corrections officers academy or juvenile corrections officers academy, each recruit must possess good health and physical capability to actively and fully participate in defensive tactics training and other required physical activities.

For this purpose, each recruit must be evaluated in accordance with the policies and procedures established by the commission.

(3) Failure to demonstrate a requisite level of fitness will result in ineligibility for academy admission.

History

Statutory Authority: RCW 43.101.080. WSR 22-19-038, § 139-10-212, filed 9/14/22, effective 10/15/22
WSR 05-20-028, § 139-10-212, filed 9/28/05, effective 10/29/05
WSR 00-17-017, § 139-10-212, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 91-14-010, § 139-10-212, filed 6/24/91, effective 7/25/91
WSR 91-01-044, § 139-10-212, filed 12/12/90, effective 7/1/91.

Wash. Admin. Code § 139-10-213 Employment and separation of correctional personnel—Notification to commission.

All counties and municipal corporations of the state of Washington, or any political subdivision thereof, shall notify the commission within 15 days by an approved form of each instance where correctional personnel begins continuing and regular employment with that agency and each instance where correctional personnel has been separated for any reason. Agencies employing corrections officers must give additional notices as specified in WAC 139-06-020.

History

Statutory Authority: RCW 43.101.080. WSR 22-19-038, § 139-10-213, filed 9/14/22, effective 10/15/22
WSR 18-13-059, § 139-10-213, filed 6/14/18, effective 7/15/18.

Wash. Admin. Code § 139-10-215 Equivalency process for corrections officers.

The corrections officers equivalency academy process is provided in WAC 139-05-210.

History

Statutory Authority: RCW 43.101.080. WSR 22-19-038, § 139-10-215, filed 9/14/22, effective 10/15/22
WSR 18-19-067, § 139-10-215, filed 9/17/18, effective 10/18/18
WSR 03-13-098, § 139-10-215, filed 6/17/03, effective 7/18/03
WSR 00-17-017, § 139-10-215, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 91-01-041, § 139-10-215, filed 12/12/90, effective 1/12/91.

Wash. Admin. Code § 139-10-220 Completion requirements of basic corrections academies.

Each recruit in a basic corrections academy will receive a diploma only upon full and successful completion of the academy as prescribed by the commission. The performance of each recruit shall be evaluated as follows:

(1) Academic performance.

(a) A standardized evaluation process will be utilized in all basic corrections academies sponsored or conducted by the commission in evaluating the level of scholastic achievement of each recruit.

(b) Such process shall include the application of a designated minimum passing score for written examinations and the availability of a retesting procedure.

(2) Practical skills.

(a) A standardized evaluation process will be utilized in all corrections officers academies and juvenile corrections officers academies sponsored or conducted by the commission in evaluating the level of skill proficiency of each recruit.

(b) Such process shall include the application of a designated minimum passing score of all skill proficiencies identified by the commission and the availability of a retesting procedure.

(c) Failure to achieve a final passing grade in each practical skills dimension will result in termination of academy enrollment.

(3) Conduct and participation.

(a) Each recruit will be required to participate fully in all academy classes and adhere to all rules, regulations, and policies of the commission.

(b) Failure to adhere to all rules, regulations and policies of the commission will result in termination of academy enrollment.

History

Statutory Authority: RCW 43.101.080. WSR 22-19-038, § 139-10-220, filed 9/14/22, effective 10/15/22
WSR 00-17-017, § 139-10-220, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 93-13-099, § 139-10-220, filed 6/21/93, effective 7/22/93
WSR 87-19-105 (Order 15-D), § 139-10-220, filed 9/18/87
WSR 86-19-021 (Order 1-B), § 139-10-220, filed 9/10/86. Formerly WAC 139-36-030.

Wash. Admin. Code § 139-10-222 Readmission to basic corrections academies.

No person may be readmitted to any basic corrections academy except as provided in this section and in accordance with WAC 139-06-130.

(1) Any request for readmission must be made and submitted by the individual's employing agency head, or designee, in accordance with commission policies and procedures.

(a) The name of the individual who was dismissed, the date and reason for the dismissal, and the reason for the request for readmission; and

(b) A statement from the individual who was previously dismissed describing any relevant or professional growth since the dismissal.

History

Statutory Authority: RCW 43.101.080. WSR 24-19-043, s 139-10-222, filed 9/11/24, effective 10/12/24
WSR 22-19-038, § 139-10-222, filed 9/14/22, effective 10/15/22
WSR 00-17-017, § 139-10-222, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 93-07-119, § 139-10-222, filed 3/24/93, effective 4/24/93.

Wash. Admin. Code § 139-10-230 Corrections officers academy eligibility and curriculum.

(1) All employees whose primary job function is to provide for the custody, safety, and security of adult prisoners in jails and detention facilities must complete the corrections officers academy. Representative job classifications include, but are not limited to, custody and corrections officers.

(2) The corrections officers academy curriculum shall be at least 10 full-time weeks in length and may include, but not be limited to, the following subject matter areas:

(a) Core skills:

(i) Observation skills;

(ii) Communication skills;

(iii) Security management;

(iv) Supervision of inmates;

(v) Discipline of inmates;

(vi) Use of force training consistent with permissible uses of force per RCW 43.101.490;

(vii) Writing skills;

(b) Key skills:

(i) Legal issues;

(ii) Dealing with aggressive behavior;

(iii) Dealing with medical problems;

(iv) Dealing with mental illness problems;

(v) Problem solving;

(vi) Report writing;

(vii) Avoiding inmate manipulation;

(viii) Booking and classification;

(ix) Fingerprinting;

(i) Stress management;

(ii) Physical fitness;

(iii) Professionalism;

(iv) Human relations/cultural awareness;

(v) Historical intersection of race and corrections.

History

Statutory Authority: RCW 43.101.080. WSR 23-01-086, § 139-10-230, filed 12/16/22, effective 1/16/23
WSR 22-19-038, § 139-10-230, filed 9/14/22, effective 10/15/22
WSR 00-17-017, § 139-10-230, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 87-19-105 (Order 15-D), § 139-10-230, filed 9/18/87
WSR 86-19-021 (Order 1-B), § 139-10-230, filed 9/10/86. Formerly WAC 139-36-031.

Wash. Admin. Code § 139-10-235 Misdemeanant probation counselors academy eligibility and curriculum.

(1) All employees whose primary job function is the case management of adult offenders under county/city supervision, to include: Assessment, case planning, counseling, supervision, and monitoring must complete the misdemeanant probation counselors academy. Representative job classes include, but are not limited to, adult probation officers and counselors.

(2) The misdemeanant probation counselors academy curriculum shall be at least 80 instructional hours in length and may include, but not be limited to, the following subject matter areas:

(a) Core skills

(i) Assessment

(ii) Motivation

(iii) Goal setting/action planning

(iv) Monitoring and intervention

(b) Key skills

(i) Interpersonal skills

(ii) Interviewing

(iii) Classification

(iv) Supervision and discipline

(v) Offense prevention

(i) Dealing with aggressive and resistive behavior

(ii) Legal issues

(iii) Report writing

(iv) Counseling techniques

(v) Managing information

(vi) Human relations/cultural awareness

(vii) Historical intersection of race and corrections.

History

Statutory Authority: RCW 43.101.080. WSR 22-19-038, § 139-10-235, filed 9/14/22, effective 10/15/22
WSR 05-13-079, § 139-10-235, filed 6/14/05, effective 7/15/05
WSR 00-17-017, § 139-10-235, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 87-19-105 (Order 15-D), § 139-10-235, filed 9/18/87
WSR 86-19-021 (Order 1-B), § 139-10-235, filed 9/10/86. Formerly WAC 139-36-032.

Wash. Admin. Code § 139-10-237 Juvenile services academy eligibility and curriculum.

(1) All employees whose primary job function is to assess, case plan, and/or manage, counsel, and/or monitor juvenile offenders must complete the juvenile services academy. Representative job classes include, but are not limited to, juvenile probation counselors, guardian ad litems, case aides/assistants, trackers, juvenile drug court counselors, and community surveillance officers.

(2) The juvenile services academy curriculum shall be at least 40 instructional hours in length and may include, but not be limited to, the following subject matter areas:

(a) Core skills

(i) Observation skills

(ii) Writing skills

(iii) Interpersonal communication

(iv) Professionalism

(v) Legal authority

(b) Key skills

(i) Juvenile law

(ii) Behavioral health issues

(iii) Personal safety

(iv) De-escalation

(v) Adolescent development

(i) Trauma informed care

(ii) Stress management

(iii) Interviewing

(iv) Human relations/cultural awareness

(v) Historical intersection of race and corrections.

History

Statutory Authority: RCW 43.101.080. WSR 22-19-038, § 139-10-237, filed 9/14/22, effective 10/15/22
WSR 00-17-017, § 139-10-237, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 87-19-105 (Order 15-D), § 139-10-237, filed 9/18/87.

Wash. Admin. Code § 139-10-240 Juvenile corrections officers academy eligibility and curriculum.

(1) All employees whose primary job function is the care, custody, and safety of juvenile offenders in county facilities must complete the juvenile corrections officers academy. Representative job classes include, but are not limited to, juvenile detention workers, juvenile corrections officers, and juvenile supervision officers.

(2) The juvenile corrections officers academy curriculum shall be at least 80 instructional hours in length and may include, but not be limited to, the following subject matter areas:

(a) Core skills

(i) Observation skills

(ii) Interpersonal skills

(iii) Security management

(iv) Supervision of youth

(v) Discipline of youth

(vi) Proper use of physical force

(b) Key skills

(i) Legal issues

(ii) Dealing with aggressive behavior

(iii) Handling medical problems

(iv) Handling mental illness problems

(v) Report writing

(vi) Skills training

(vii) Reception and classification

(i) Professionalism

(ii) Physical fitness

(iii) Stress management

(iv) Human relations/cultural awareness

(v) Historical intersection of race and corrections.

History

Statutory Authority: RCW 43.101.080. WSR 22-19-038, § 139-10-240, filed 9/14/22, effective 10/15/22
WSR 05-01-110, § 139-10-240, filed 12/15/04, effective 1/15/05
WSR 00-17-017, § 139-10-240, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). WSR 87-19-105 (Order 15-D), § 139-10-240, filed 9/18/87
WSR 86-19-021 (Order 1-B), § 139-10-240, filed 9/10/86. Formerly WAC 139-36-033.

Wash. Admin. Code § 139-10-245 Juvenile rehabilitation academy eligibility and curriculum.

(1) All employees whose primary job function is the case management, custody, safety, counseling, supervision, and/or the application of treatment interventions to juvenile offenders committed to the care and supervision of the juvenile rehabilitation administration must complete the juvenile rehabilitation academy. Representative job classes include, but are not limited to, juvenile residential rehabilitation counselors, juvenile rehabilitation community counselors, juvenile rehabilitation counselor assistants, juvenile rehabilitation security officers, juvenile rehabilitation coordinators, and juvenile rehabilitation supervisors.

(2) The juvenile rehabilitation counselor academy curriculum shall be at least 80 instructional hours in length and may include, but not be limited to, the following subject matter areas:

(a) Core skills

(i) Observation skills

(ii) Interpersonal skills

(iii) Security management

(iv) Supervision of youth

(v) Discipline of youth

(vi) Proper use of physical force

(vii) Applying research-based treatment

(viii) Writing skills

(b) Key skills

(i) Legal issues

(ii) Dealing with aggressive behavior

(iii) Handling medical problems

(iv) Handling mental illness problems

(v) Skills training

(i) Professionalism

(ii) Stress management

(iii) Human relations/cultural awareness

(iv) Historical intersection of race and corrections.

History

Statutory Authority: RCW 43.101.080. WSR 22-19-038, § 139-10-245, filed 9/14/22, effective 10/15/22
WSR 05-01-111, § 139-10-245, filed 12/15/04, effective 1/15/05.

Wash. Admin. Code § 139-10-530 Basic community corrections officers academy and basic arrest, search, and seizure academy eligibility and curriculums.

(1) All employees whose primary job function is the case management in the community of adult offenders under the state department of corrections supervision, to include: Monitoring adjustment of offenders involved with in/outpatient treatment programs, counseling offenders and/or referring them for counseling or other resource/treatment programs, and making home/field visits pursuant to offender classification standards must complete both the basic community corrections officers academy and the basic arrest, search, and seizure academy. Representative job classifications include, but are not limited to, community corrections officers, community risk management specialists, hearings officers, and victim advocates.

(2) The basic community corrections officers academy curriculum shall be at least 80 instructional hours in length and will include, but not be limited to, the following subject matter areas:

(a) Core skills

(i) Assessment

(ii) Motivation

(iii) Goal setting/action planning

(iv) Monitoring and intervention

(v) Arrest and search procedures

(b) Key skills

(i) Interpersonal skills

(ii) Interviewing

(iii) Classification

(iv) Offense prevention

(i) Dealing with aggressive and resistive behavior

(ii) Legal issues

(iii) Counseling techniques

(iv) Managing information

(v) Security management.

(3) The basic arrest, search, and seizure academy curriculum shall be at least 40 instructional hours in length and will include, but not be limited to, the following subject matter areas:

(a) Core skills

(i) Arrest procedures

(ii) Search procedures

(iii) Field safety techniques

(b) Key skills

(i) Verbal de-escalation

(ii) Home assessments

(i) Dealing with aggressive and resistive behavior

(ii) Legal issues

(iii) Evidence procedures

(iv) Personal safety

(v) Security management.

History

Statutory Authority: RCW 43.101.080. WSR 22-19-038, § 139-10-530, filed 9/14/22, effective 10/15/22
WSR 06-02-004, § 139-10-530, filed 12/22/05, effective 1/22/06
WSR 05-13-078, § 139-10-530, filed 6/14/05, effective 7/15/05.

Chapter 139-11 Law Enforcement Training and Community Safety Act.

Wash. Admin. Code § 139-11-010 Definitions.

For the purposes of this section the term violence de-escalation means tactics, action, and communication methods used by officers to achieve the following objectives, when safe and feasible:

(1) Manage the pace of an interaction;

(2) Manage the distance between the officer and person involved;

(3) Utilize shielding to protect the officer and others from an imminent threat; and

(4) Engage in communication in order to increase options for resolving the incident and reduce the likelihood of injury to all parties involved.

History

Statutory Authority: RCW 43.101.080. WSR 19-13-011, § 139-11-010, filed 6/7/19, effective 7/8/19.

Wash. Admin. Code § 139-11-020 Requirements of training for law enforcement.

This rule implements parts of Initiative Measure No. 940, passed in November 2018, and chapter 4, Laws of 2019 (SHB 1064), signed into law in February 2019. As stated in section 2 of Initiative Measure No. 940, "The intent of the people in enacting this act is to make our communities safer. This is accomplished by requiring law enforcement officers to obtain violence de-escalation and mental health training, so that officers will have greater skills to resolve conflicts without the use of physical or deadly force." While it is understood that police culture is part of the larger culture, it is critical for law enforcement training to proactively address the issue of law enforcement and its intersection with marginalized communities and contribute to changing outcomes for the better.

(1) Beginning December 7, 2019, all new general authority peace officers must complete a minimum of two hundred hours of initial violence de-escalation and mental health training in the basic law enforcement academy (BLEA). Violence de-escalation and mental health training will include the following topics:

(a) Patrol tactics, actions and communication methods that de-escalate situations when appropriate to reduce the likelihood of injury to all parties involved, avoid unnecessarily escalating situations that may lead to violence, and avoid unnecessarily placing officers in situations that require or lead to deadly force by:

(i) Managing the distance between the officer and the persons involved;

(ii) Utilizing shielding to protect the officer and others from a threat;

(iii) Managing the pace of an interaction; and

(iv) Engaging in communication to increase options for resolving the incident and reduce the likelihood of injury to all parties involved.

(b) Recognizing and managing the impact of stress on the officer's perceptions and reactions;

(d) Understanding the psychology and foundational principles of procedural justice to build trust and rapport, including training on ethics;

(e) Recognizing and mitigating the impact of implicit and explicit bias on the officer's perceptions and reactions;

(f) Recognizing patterns of behavior in individuals that may be related to mental or behavioral health issue or other disability, per RCW 43.101.427(5);

(g) Use of techniques and communication strategies to calm persons who appear to be agitated or demonstrating unusual behavior related to a mental or behavioral health issue or other disability, per RCW 43.101.427(5);

(h) Proper use of nonlethal defensive tactics to gain physical control when necessary;

(i) Alternatives to the use of physical or deadly force so that de-escalation tactics and less lethal alternatives are part of the decision-making process leading up to the consideration of deadly force;

(j) Use of a decision-making simulator ("shoot don't shoot") and cognitive exercises to improve accurate recognition of threats and proper level of force response;

(k) Understand the "good faith" standard as stated in RCW 9A.16.040 (4)(a);

(l) Learning about the historical intersection of race and policing, the experience of Black Americans then and now, including: The institution of slavery through the Civil Rights Act of 1964, mass incarceration, the role and impacts of police in schools, the ongoing influence of race relations, strategies to reconcile past injustice, and the importance of fair and impartial policing. This training should be supplemented by current data and research;

(m) Understanding how culture and differences in experiences, histories, and social norms impacts community perceptions of law enforcement and employing cultural humility skills, with the goal of learning about respectful and effective approaches with communities of color including, but not limited to, Black Americans, African Immigrants, Latinxs, Native Americans, Asian Americans, Pacific Islanders, American Muslims, Sikhs, and Arabs;

(n) Learning to build more positive relationships with specific communities within areas officers serve by understanding how biases, stereotypes, and a lack of understanding about varying cultural norms negatively impacts police interactions with the public;

(o) Learning about the history of police interaction with the LGBTQ+ communities and learning about respectful and effective communication and interaction with these communities;

(p) Learning about effective communication and interaction with:

(i) Youth;

(ii) Individuals who have experienced domestic violence, sexual assault, or human trafficking;

(iii) Immigrant and refugee communities, and those with limited-English proficiency;

(iv) Persons who have barriers to hearing, understanding, or otherwise complying with law enforcement officers.

(q) Learning about the systemic challenges facing indigent populations, the nature of crimes and poverty, and the cycle of recidivism for those experiencing poverty;

(r) Examining alternatives to jail, booking, and arrest and the impacts on members of the community and public safety;

(s) Learning about the history of police interaction with Native American communities, including learning about tribal sovereignty, tribal culture and traditions, and how to meet the new state law requirements for notification of tribal governments when a tribal person is killed or injured;

(t) First-aid training on the new statewide policy, which states: "All law enforcement personnel must provide or facilitate first aid such that it is rendered at the earliest safe opportunity to injured persons at a scene controlled by law enforcement," focused on:

(i) Critical life-saving skills;

(ii) Understanding the need to balance the many essential duties of officers with "the solemn duty to preserve the life of a person with whom officers come into direct contact";

(iii) Understanding best practices for securing a scene to facilitate the safe, swift, and effective provisions for first aid to anyone injured at a scene controlled by law enforcement or as a result of law enforcement action.

(2) All peace officers certified in Washington before December 7, 2019, and lateral peace officers certified in Washington after December 7, 2019, must complete a minimum of forty hours of continuing de-escalation and mental health training every three years after receiving their initial peace officer certification. Incumbent peace officers must complete their first cycle of continuing de-escalation and mental health training by January 1, 2028. Continuing mental health and violence de-escalation training must include the following topics: