Title 446 WAC — State Patrol (See also Titles 204, 212 and 448)

Chapter 446-08 Practice and procedure.

Wash. Admin. Code § 446-08-005 Definitions.

(1) "Agency" means the Washington state patrol.

(2) "Board" wherever used in these rules shall mean the trial board constituted as provided in RCW 43.43.070.

(3) "Chief" wherever used in these rules shall mean the chief of the Washington state patrol.

(4) "Hearing officer" wherever used in these rules shall mean an administrative law judge as appointed by the chief administrative law judge under chapter 34.12 RCW, whose duty it is to preside over such hearings as are conducted by the trial board, as in RCW 43.43.090 provided.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-005, filed 1/7/14, effective 2/7/14
• Rule .04.010, filed 3/23/60.

Wash. Admin. Code § 446-08-008 Request for a trial board.

A request for a trial board shall be made in writing by the commissioned officer complained of, or the officer's attorney, and must be received by the Washington state patrol headquarters within twenty days of the date the officer was served with the notice of discipline.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-008, filed 1/7/14, effective 2/7/14.

Wash. Admin. Code § 446-08-010 Appearance and practice before a hearing officer or board—Who may appear.

No person may appear in a representative capacity before a hearing officer or board other than attorneys duly qualified and entitled to practice in the state of Washington.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-010, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-010, filed 11/22/74
• Rule .08.010, filed 3/23/60.

Wash. Admin. Code § 446-08-040 Standards of ethical conduct.

All persons appearing in proceedings before a hearing officer or board in a representative capacity must conform to the standards of ethical conduct required of attorneys before the courts of Washington. If any such person does not conform to such standards, the hearing officer or board may decline to permit such person to appear in a representative capacity in any proceeding before the hearing officer or board.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-040, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-040, filed 11/22/74
• Rule .08.040, filed 3/23/60.

Wash. Admin. Code § 446-08-060 Former employee as expert witness.

No former employee of the agency shall, at any time after severing his or her employment with the state of Washington appear, except with the written permission of the agency, as an expert witness on behalf of other parties in a formal proceeding wherein the former employee previously took an active part in the investigation as a representative of the agency.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-060, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-060, filed 11/22/74.

Wash. Admin. Code § 446-08-070 Computation of time.

In computing any period of time prescribed or allowed by this chapter or any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-070, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-070, filed 11/22/74
• Rule .08.070, filed 3/23/60.

Wash. Admin. Code § 446-08-080 Notice and opportunity for hearing in contested cases.

In any contested case, all parties shall be served with a notice of trial board hearing within ten calendar days before the date set for hearing. The notice shall state the time, place, and issues involved.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-080, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-080, filed 11/22/74
• Rule .08.080, filed 3/23/60.

Wash. Admin. Code § 446-08-085 Trial board—Recording.

All hearings shall be recorded by stenographer or court reporter.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-085, filed 1/7/14, effective 2/7/14.

Wash. Admin. Code § 446-08-090 Service.

(1) All notices, pleadings, and other papers filed with the hearing officer shall be served upon all counsel and representatives of record and upon unrepresented parties or upon their agents designated by them or by law.

(2) Service shall be made personally or, unless otherwise provided by law, by first-class, registered, or certified mail; or by commercial parcel delivery company.

(3) Service by mail shall be regarded as completed upon deposit in the United States mail properly stamped and addressed. Service by commercial parcel delivery shall be regarded as completed upon delivery to the parcel delivery company, properly addressed with charges prepaid.

(4) Proof of service. Where proof of service is required by statute or rule, filing the papers with the hearing officer, together with one of the following, shall constitute proof of service:

(a) An acknowledgment of service.

(b) A certificate that the person signing the certificate served the papers upon all parties of record in the proceeding by delivering a copy thereof in person to (names).

(c) A certificate that the person signing the certificate served the papers upon all parties of record in the proceeding by:

(i) Mailing a copy thereof, properly addressed with postage prepaid, to each party to the proceeding or his or her attorney or authorized agent; or

(ii) Depositing a copy thereof, properly addressed with charges prepaid, with a commercial parcel delivery company.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-090, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-090, filed 11/22/74
• Rule .08.090, filed 3/23/60.

Wash. Admin. Code § 446-08-140 Filing.

Papers required to be filed with the agency shall be deemed filed upon actual receipt during office hours at the Washington state patrol headquarters.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-140, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-140, filed 11/22/74
• Rule .08.140, filed 3/23/60.

Wash. Admin. Code § 446-08-150 Subpoenas.

(1) Every subpoena shall state the name of the agency and the title of the proceeding and shall command the person to whom it is directed to attend and give testimony, or produce designated books, documents or things under his or her control at a hearing.

(2) Subpoenas may be signed and issued by any member of the board, or the hearing officer, or the attorney of record of the party requiring the appearance of the witness. Parties desiring subpoenas to be signed by a member of the board or hearing officer must prepare subpoenas for issuance and submit the subpoenas for signature at least ten calendar days before a hearing.

(3) Parties requesting subpoenas must make arrangements for and bear the expense of service. All subpoenas must be served at least ten calendar days before a hearing.

(4) Subpoenas must be personally served in one of the following ways:

(a) By any suitable person over eighteen years of age;

(b) By exhibiting and reading it to the witness, or by giving him or her a copy thereof; or

(c) By leaving such copy at the place of his or her abode.

(5) When service is made by any other person than an officer authorized to serve process, proof of service shall be made by affidavit or declaration under penalty of perjury. Failure to make proof of service does not affect the validity of the service.

(6) A copy of the subpoena must also be provided to the opposing party or the party, if unrepresented.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-150, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-150, filed 11/22/74.

Wash. Admin. Code § 446-08-180 Fees.

Witnesses summoned before the board shall be paid by the party at whose instance they appear the same fees and mileage that are paid to witnesses in the superior courts of the state of Washington: EXCEPT, if the witness works for the agency and is on duty at the time he or she appears as a witness on behalf of the agency.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-180, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-180, filed 11/22/74.

Wash. Admin. Code § 446-08-200 Quashing a subpoena.

(1) A party to the appeal or the person to whom the subpoena, or subpoena duces tecum, is directed may make a motion to quash. The motion must be made promptly and in any event at least five days before the time specified in the subpoena for compliance therewith.

(2) The hearing officer may:

(a) Quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue; or

(b) Condition denial of the motion upon just and reasonable conditions.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-200, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-200, filed 11/22/74.

Wash. Admin. Code § 446-08-210 Enforcement of a subpoena.

Upon application and for good cause shown the agency will seek judicial enforcement of subpoenas issued to parties and which have not been quashed. Enforcement of a subpoena shall be according to RCW 34.05.446 and 34.05.588(1).

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-210, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-210, filed 11/22/74.

Wash. Admin. Code § 446-08-220 Geographical scope.

Such attendance of witnesses and such production of evidence may be required from any place in the state of Washington, at any designated place of hearing.

History

• Order II, § 446-08-220, filed 11/22/74.

Wash. Admin. Code § 446-08-230 No discovery allowed.

There shall be no discovery allowed in the proceedings under this chapter. The record for hearing shall include:

(1) The entire office of professional standards investigation file for the conduct at issue before the board, the entire personnel record for the accused employee, including any training records and the employee's work history;

(2) Previous office of professional standards' investigations and files for the accused employee, when appropriate; and

(3) Any other information considered by the appointing authority in determining the discipline to be imposed.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-230, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-230, filed 11/22/74.

Wash. Admin. Code § 446-08-370 Official notice.

The hearing officer or board, upon request made before or during a hearing, may take official notice of facts pursuant to RCW 34.05.452(5).

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-370, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-370, filed 11/22/74
• Rule .08.370, filed 3/23/60.

Wash. Admin. Code § 446-08-380 Evaluation of evidence.

Nothing herein shall be construed to preclude the hearing officer or board from utilizing their experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to them.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-380, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-380, filed 11/22/74
• Rule .08.380, filed 3/23/60.

Wash. Admin. Code § 446-08-405 Burden of proof.

The employer bears the burden of proof in any disciplinary matter. Said proof shall be by a preponderance of the evidence.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-405, filed 1/7/14, effective 2/7/14.

Wash. Admin. Code § 446-08-410 Form and content of trial board decision.

Every decision of the trial board shall contain only the following elements:

(1) Be correctly captioned as to name of agency and name of proceeding;

(2) Designate all parties and counsel participating in the proceeding;

(3) Include a concise statement of the nature and background of the proceeding;

(4) Contain appropriate numbered findings of fact meeting the requirements of RCW 34.05.461;

(5) Contain appropriate numbered conclusions of law including citations of statutes, rules, and regulations relied upon;

(6) In its findings and conclusions, the legal standard for determining whether the charges are sustained shall be the existence or nonexistence of cause as provided in RCW 43.43.070; and

(7) Contain an initial order disposing of all contested issues and complying with the constraints contained in RCW 43.43.090.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-410, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-410, filed 11/22/74
• Rule .08.410, filed 3/23/60.

Wash. Admin. Code § 446-08-415 Form and content of final decision.

Every final decision issued by the chief of the Washington state patrol shall:

(1) Name of the agency and name of proceeding;

(2) List all parties and counsel participating in the proceeding;

(3) Include a concise statement of the nature and background of the proceeding;

(4) Contain appropriate numbered findings of fact meeting the requirements of RCW 34.05.461 and 43.43.090:

(a) However, where the chief adopts, in whole or in part, the factual findings of the trial board, the chief may so state;

(b) Where the chief changes a finding of fact as allowed in RCW 43.43.090, the chief shall set forth the reasons for the different factual findings, as set forth in RCW 34.05.461.

(5) In the chief's findings and conclusions, the legal standard for determining whether the charges are sustained shall be the existence or nonexistence of cause as provided in RCW 43.43.070;

(6) Contain a statement of the discipline to be imposed and the basis of such discipline:

(a) The chief may review additional information contained in files maintained by the agency and relevant to determining the appropriate level of discipline, whether or not such evidence was before the trial board; and

(b) If the chief reviews additional information that is not contained in the trial board record when determining the appropriate level of discipline, such information shall be stated in the final order and placed in the administrative record.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-415, filed 1/7/14, effective 2/7/14.

Wash. Admin. Code § 446-08-420 Definition of issues before hearing.

In all proceedings the issues to be adjudicated must be made initially as precise as possible, in order that the hearing officer or board may proceed promptly to conduct the hearing on relevant and material matter only.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-420, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-420, filed 11/22/74
• Rule .08.420, filed 3/23/60.

Wash. Admin. Code § 446-08-430 Prehearing conference rule—Authorized.

(1) The hearing officer may direct the parties or their counsel to engage in a prehearing conference(s) to consider the following:

(a) The simplification of issues;

(b) The necessity of amendments to the pleading;

(c) The possibility of obtaining stipulations, admissions of facts and admissions of the genuineness of documents that will avoid unnecessary proof;

(d) The limitation of the number of expert witnesses;

(e) Number of witnesses expected to be called and their names when possible;

(f) Approximate time necessary for presentation of the evidence of the respective parties;

(g) Whether or when motions may be brought;

(h) Exhibits;

(i) Such other matters as may aid in the disposition of the proceeding.

(2) Prehearing conferences may be held by telephone conference or at a time and place specified by the hearing examiner.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-430, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-430, filed 11/22/74
• Rule .08.430, filed 3/23/60.

Wash. Admin. Code § 446-08-440 Record of conference action.

(1) The hearing officer shall make an order or statement which recites the action taken at the conference, including agreements made by the parties as to any of the matters considered, including the settlement or simplification of issues, and which limits the issues for hearing to those not disposed of by admissions or agreements; and such order or statement shall control the subsequent course of the proceeding unless modified for good cause by subsequent order. If no objection to such order is filed within ten days after the date such order is mailed, it shall control the subsequent course of the proceeding unless modified for good cause by subsequent order.

(2) In any proceeding the hearings officer may, in his or her discretion, conduct a conference prior to the taking of testimony, or may recess the hearing for such conference, for the purpose of carrying out the purpose of this chapter. The hearing officer shall state on the record the results of such conference.

(3) Nothing in this chapter shall be construed to limit the right of an agency to attempt informal settlement of an adjudicative proceeding at any time.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-440, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-440, filed 11/22/74
• Rule .08.440, filed 3/23/60.

Wash. Admin. Code § 446-08-450 Submission of documentary evidence in advance.

Where practicable, the hearing officer or board may require:

(1) That all documentary evidence which is to be offered during the taking of evidence be submitted to the hearing officer or board and to the other parties to the proceeding sufficiently in advance of such taking of evidence to permit study and preparation of cross-examination and rebuttal evidence;

(2) That documentary evidence not submitted in advance, as may be required by subsection (1) of this section, not be received in evidence in the absence of a clear showing that the offering party had good cause for the failure to produce the evidence sooner;

(3) That the authenticity of all documents submitted in advance in a proceeding in which such submission is required, will be deemed admitted unless written objection thereto is filed prior to the hearing, except that a party will be permitted to challenge such authenticity at a later time upon a clear showing of good cause for failure to have filed such written objection;

(4) When portions only of a document are to be relied upon, the offering party shall prepare the pertinent excerpts, adequately identified, and shall supply copies of such excerpts, together with a statement indicating the purpose for which such materials will be offered to the hearing officer or board and to the other parties. Only the excerpts, so prepared and submitted, shall be received in the record. However, the whole of the original document shall be made available for examination and for use by all parties to the proceeding.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-450, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-450, filed 11/22/74
• Rule .08.450, filed 3/23/60.

Wash. Admin. Code § 446-08-470 Expert or opinion testimony.

The hearing officer may require that the parties submit to the hearing officer or board and to the other parties written statements containing: The names, addresses and qualifications of their respective opinion or expert witnesses: Any reports of the experts; and the nature of the testimony expected by the expert, by a date determined by the hearing officer and fixed sufficiently in advance of the hearing to permit the other interested parties to investigate such qualifications.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-470, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-470, filed 11/22/74.

Wash. Admin. Code § 446-08-490 Supporting data of experts.

The hearing officer or board, in its discretion but consistent with the rights of the parties, shall cause the parties to make available for inspection in advance of the hearing, and for purposes of cross-examination at the hearing, the data underlying statements and exhibits submitted in accordance with WAC 446-08-470, but wherever practicable must restrict to a minimum the placing of such data in the record.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-490, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-490, filed 11/22/74.

Wash. Admin. Code § 446-08-500 Effect of noncompliance with WAC 446-08-470 or 446-08-490.

Whenever the manner of introduction of opinion or expert testimony is governed by requirements fixed under the provisions of WAC 446-08-470 or 446-08-490, such testimony not submitted in accordance with the relevant requirements shall not be received in evidence in the absence of a clear showing that the offering party had good cause for his or her failure to conform to such requirements.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-500, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-500, filed 11/22/74.

Wash. Admin. Code § 446-08-510 Continuances.

Any party who desires a continuance shall, immediately upon receipt of notice of a hearing, or as soon thereafter as facts requiring such continuance come to his or her knowledge, notify the hearing officer and board of said desire, stating in detail the reasons why such continuance is necessary. The hearing officer and board, in passing upon a request for continuance, shall consider whether such request was promptly and timely made. For good cause shown, the hearing officer and board may grant such a continuance and may at any time order a continuance upon its own or a party's motion. During a hearing, if it appears in the public interest or in the interest of justice that further testimony or argument should be received, the hearing officer and board may, in its discretion, continue the hearing and fix the date for introduction of additional evidence or presentation of argument. Such oral notice shall constitute final notice of such continued hearing.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-510, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-510, filed 11/22/74
• Rule .08.510, filed 3/23/60.

Wash. Admin. Code § 446-08-520 Rules of evidence—Admissibility criteria.

(1) Subject to the other provisions of these rules, all relevant evidence is admissible which, in the opinion of the hearing officer or board, is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their business, or is the best evidence reasonably obtainable, having due regard for its necessity, availability, and trustworthiness.

(2) If not inconsistent with subsection (1) of this section, the hearing officer shall refer to the Washington rules of evidence as guidelines for evidentiary rulings.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-520, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-520, filed 11/22/74
• Rule .08.520, filed 3/23/60.

Wash. Admin. Code § 446-08-530 Exclusion—Discontinuance—Objections.

The hearing officer or board may, in its discretion, either with or without object, exclude inadmissible evidence or order cumulative evidence discontinued. Parties objecting to the introduction of evidence shall state the precise grounds of such objection at the time such evidence is offered.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-530, filed 1/7/14, effective 2/7/14
• Order II, § 446-08-530, filed 11/22/74
• Rule .08.530, filed 3/23/60.

Wash. Admin. Code § 446-08-550 Testimony under oath or affirmation—Who may administer oath—Refusal to testify.

(1) Every person called as a witness in a hearing shall swear or affirm that the testimony he or she is about to give in the hearing shall be the truth according to the provisions of RCW 5.28.020 through 5.28.060.

(2) The hearing examiner or court reporter may administer the oath or affirmation to the witness.

(3) Testimony by affidavit is not admitted at a trial board except for good cause shown, or as otherwise permitted in these rules, as provided in a prehearing conference statement or by stipulation of the parties.

(4) The refusal of a witness to answer any question which has been ruled to be proper shall, in the discretion of the hearing officer or board, be grounds for striking all testimony previously given by such witness on a related matter.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-550, filed 1/7/14, effective 2/7/14.

Wash. Admin. Code § 446-08-560 Hearing officer authority.

The hearing officer shall have the authority to:

(1) Rule on evidentiary matters during the course of the hearing;

(2) Take official notice of facts pursuant to RCW 34.05.452(5);

(3) Regulate the course of the hearing and take any appropriate action necessary to maintain order during the hearing;

(4) Permit or require oral argument or briefs and determine the time limits for submission thereof; and

(5) Take any other action necessary and authorized by any applicable statute or rule.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-560, filed 1/7/14, effective 2/7/14.

Wash. Admin. Code § 446-08-570 Board's right to call and question witnesses.

The board may:

(1) Question witnesses called by the parties to develop any facts deemed necessary to fairly and adequately decide the matter; and

(2) Call additional witnesses and request additional exhibits deemed necessary to complete the record and receive such evidence subject to full opportunity for cross-examination and rebuttal by all parties.

History

• Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-570, filed 1/7/14, effective 2/7/14.

Chapter 446-09 Firearms background check.

Wash. Admin. Code § 446-09-010 Right to appeal.

If the appellant believes they have been erroneously denied a firearms transfer due to a determination made by the Washington state patrol firearms background division, they have the right to appeal that determination, within three years of the submission of the original background check.

(1) The appellant may submit their appeal by:

(a) Obtaining an appeal form at www.wsp.wa.gov/firearms-background-division.

(b) The appeal document must be notarized to provide proof of identity.

(c) The appellant must submit the appeal form along with an image of the identification to firearmappeal@wsp.wa.gov or Washington State Patrol, Firearms Background Appeals, P.O. Box 42619, Olympia, WA 98503.

(2) The Washington state patrol firearms background research and appeals unit will provide the denial reason to the appellant to the address or via email provided in the appeal form.

(3) If the appellant believes the information used to make the original determination is incomplete or incorrect in any respect, the appellant must make a request for correction directly to the appropriate court of record or provide documents proving the information used was incorrect or not applicable to the appellant.

(4) If the prohibiting factor(s) has been corrected, the appellant must forward the new documentation to firearmsappeal@wsp.wa.gov or Washington State Patrol, Firearms Background Appeals, P.O. Box 42619, Olympia, WA 98503.

(5) Upon receipt of new information from the appellant, the Washington state patrol firearms background division research and appeals unit will review all appeal requests and make a final determination based on all available information, which may include a new denial if other prohibiting information is discovered. This process will be a records review only, not a hearing.

(6) The appellant will be notified of the appeal decision by mail or via email.

History

• Statutory Authority: RCW 43.43.580. WSR 23-20-053, § 446-09-010, filed 9/28/23, effective 10/29/23.

Wash. Admin. Code § 446-09-020 Administration and fees.

WAC 446-09-020

The Washington state patrol shall establish a fee for firearms background checks sufficient to recover the costs of administering the program. The current fee will be published on the Washington state patrol's public website.

History

• Statutory Authority: RCW 43.43.020 and 43.43.580. WSR 26-14-027, s 446-09-020, filed 6/23/26, effective 7/24/26.

Chapter 446-10 Public records.

Wash. Admin. Code § 446-10-010 Authority and purpose.

(1) RCW 42.56.070(1) requires each agency to make available for inspection and copying nonexempt "public records" in accordance with published rules. The act defines "public record" to include any "writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained" by the agency. RCW 42.56.070(2) requires each agency to set forth "for informational purposes" every law, in addition to the Public Records Act (the act), that exempts or prohibits the disclosure of public records held by that agency.

(2) The purpose of these rules is to establish the procedures the Washington state patrol shall follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the Washington state patrol and establish processes for both requestors and Washington state patrol staff that are designed to best assist members of the public in obtaining such access.

(3) The purpose of the act is to provide the public full access to information concerning the conduct of government, mindful of individuals' privacy rights and the desirability of the efficient administration of government. In carrying out its responsibilities under the act, the Washington state patrol shall be guided by the provisions of the act describing its purposes and interpretation.

History

• Statutory Authority: RCW 42.56.040 through 46.56.570 [42.56.570]. WSR 07-04-039, § 446-10-010, filed 1/30/07, effective 3/2/07. Statutory Authority: RCW 42.17.250. WSR 79-04-037 (Order 79-2), § 446-10-010, filed 3/23/79.

Wash. Admin. Code § 446-10-030 Description of central and field organizations of the Washington state patrol.

(1) The Washington state patrol is a law enforcement agency. The Washington state patrol is headquartered in the Helen Sommers Building, 106 - 11th Avenue S.W., Olympia, Washington 98504. The department has eight district headquarters with working addresses as follows:

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

Public Records Officer

Washington State Patrol

P.O. Box 42631

Olympia, WA 98504

Phone: 360-596-4137

Fax: 360-596-4153

Email: pubrecs@wsp.wa.gov

Information is also available at the Washington state patrol's website at http://www.wsp.wa.gov/.

(3) The public records officer shall oversee compliance with the act, but another Washington state patrol staff member may process the request. Therefore, these rules shall refer to the public records officer "or designee." The public records officer or designee and the Washington state patrol shall provide the "fullest assistance" to requestors; create and maintain for use by the public and Washington state patrol officials an index to public records of the Washington state patrol; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the Washington state patrol.

History

• Statutory Authority: RCW 42.56.040 and 42.56.570. WSR 20-21-085, § 446-10-030, filed 10/20/20, effective 11/20/20. Statutory Authority: RCW 42.56.040. WSR 08-20-074, § 446-10-030, filed 9/26/08, effective 10/27/08. Statutory Authority: RCW 42.56.040 through 46.56.570 [42.56.570]. WSR 07-04-039, § 446-10-030, filed 1/30/07, effective 3/2/07. Statutory Authority: RCW 42.17.250. WSR 95-24-041, § 446-10-030, filed 11/30/95, effective 12/31/95
• WSR 79-04-037 (Order 79-2), § 446-10-030, filed 3/23/79.

Wash. Admin. Code § 446-10-040 Operations and procedures.

The department has and exercises throughout the states such police powers and duties as are vested in sheriffs and peace officers generally, and such other powers and duties as are presented by chapter 43.43 RCW and other applicable RCW chapters. The members of the department enforce, throughout the state, laws having statewide application. The individual officer assumes his law enforcement role after a period of rigorous training, and is vested with certain discretion in his contact with alleged law violators in the same degree as are sheriffs and other peace officers. His role also encompasses providing nonlaw enforcement assistance to members of the public within his competence and training, including first aid, traffic direction, aid to stranded motorists, etc.

History

• Statutory Authority: RCW 42.17.250. WSR 79-04-037 (Order 79-2), § 446-10-040, filed 3/23/79.

Wash. Admin. Code § 446-10-050 Availability of public records.

(1) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the Washington state patrol; 8:00 a.m. to noon, and 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays. Records must be inspected at the offices of the Washington state patrol.

(2) Records index. An index of public records is available for use by members of the public. The index includes a list of current manuals of the Washington state patrol, a current list of laws, other than those listed in chapter 42.56 RCW, that exempts or prohibits disclosure of specific information or records, and current Washington Administrative Code agency rules. The index may be accessed online at www.wsp.wa.gov/, or at any public Washington state patrol office.

(3) Organization of records. The Washington state patrol shall maintain its records in a reasonably organized manner. The Washington state patrol shall take reasonable actions to protect records from damage and disorganization. A requestor shall not take Washington state patrol records from Washington state patrol offices without the permission of the public records officer or designee. Records may be available on the Washington state patrol website at www.wsp.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 Washington state patrol can make their request by:

• Using the Washington state patrol online portal at www.wsp.wa.gov; or

• Submitting a request form (www.wsp.wa.gov); or

• A letter; or

• Email to pubrecs@wsp.wa.gov.

(b) Each request should include the following information:

• Name of requestor;

• Address of requestor;

• Other contact information, including telephone number and/or any email address; and

• Identification of the public records adequate for the public records officer or designee to locate the records.

(c) If the requestor wishes to inspect rather than obtain copies of records, they shall indicate this preference in their request. Pursuant to WAC 446-10-090, standard photocopies shall be provided at fifteen cents per page, plus postage.

History

• Statutory Authority: RCW 42.56.040 and 42.56.570. WSR 20-21-085, § 446-10-050, filed 10/20/20, effective 11/20/20. Statutory Authority: RCW 42.56.040 through 46.56.570 [42.56.570]. WSR 07-04-039, § 446-10-050, filed 1/30/07, effective 3/2/07. Statutory Authority: RCW 42.17.250. WSR 79-04-037 (Order 79-2), § 446-10-050, filed 3/23/79.

Wash. Admin. Code § 446-10-080 Processing of requests for public records.

(1) Providing "fullest assistance." The Washington state patrol 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 shall process requests in the order they are received and allowing for the most requests to be processed in the most efficient manner.

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

(a) Make the records available for inspection;

(b) Provide the requested records (or provide a bill for the records if applicable) to the requestor;

(c) Provide a reasonable estimate of when records shall be available; or

(d) Deny the request, and providing a statutory explanation as to the reason for the denial.

(3) Consequences of failure to respond. If the Washington state patrol 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.

(4) Protecting rights of others. In the event that 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.

(5) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the Washington state patrol believes that a record is exempt from disclosure and should be withheld, the public records officer or designee shall 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 shall redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

(6) Inspection of records.

(a) Consistent with other demands, the Washington state patrol shall provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document without approval from the public records officer or designee. The requestor shall indicate which documents he or she wishes the agency to copy.

(b) The requestor must claim or review the assembled records within thirty days of the Washington state patrol's notification to him or her that the records are available for inspection or copying. The agency shall notify the requestor in writing of this requirement and inform the requestor that he or she is to contact the agency to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the Washington state patrol may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which may be processed as a new request.

(7) Providing copies of records. After inspection is complete or in lieu of inspection, the public records officer or designee shall make the requested copies or arrange for copying and provide them to the requestor.

(8) Providing records in installments. 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 to provide the records in that way. If, within thirty 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.

(9) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee shall indicate that the Washington state patrol has completed the request and provided all available (nonexempt) records.

(10) Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer shall close the request and indicate to the requestor that the Washington state patrol has closed the request.

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

History

• Statutory Authority: RCW 42.56.040 through 46.56.570 [42.56.570]. WSR 07-04-039, § 446-10-080, filed 1/30/07, effective 3/2/07. Statutory Authority: RCW 42.17.250. WSR 79-04-037 (Order 79-2), § 446-10-080, filed 3/23/79.

Wash. Admin. Code § 446-10-090 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) Costs for paper copies. There is no fee charged for inspecting public records. The agency will charge for copies of paper records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). A requestor may obtain standard black and white photocopies for fifteen cents per page.

(a) Before beginning to make copies, the public records officer or designee may estimate costs of copying the records, and may require a deposit of up to ten 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.

(c) The Washington state patrol shall not charge sales tax when it makes copies of public records.

(4) Costs for electronic records. Electronic copies of records shall be charged as follows pursuant to RCW 42.56.120 (2)(b) and (c):

(a) Ten cents per page for scanned records or for use of agency equipment for scanning.

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

(c) Ten cents 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 ten 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.

(5) Costs of mailing. The Washington state patrol may also charge actual costs of mailing, including the cost of the shipping container.

(6) Payment. Payment shall be made payable to the Washington state patrol.

(7) Summary of charges. Upon request the Washington state patrol 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.

(8) Waiver of charges [reserved]. It is within the discretion of the public records officer or designee to waive copying fees when:

(a) All of the records responsive to an entire request are paper copies only and are twenty-five or fewer pages; or

(b) All of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of one hundred printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this section.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.

Wash. Admin. Code § 446-10-100 Exemptions.

(1) The Public Records Act, chapter 42.56 RCW, provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. A list of statutes containing exemptions, outside the Public Records Act, that restrict the availability of some documents held by Washington state patrol for inspection and copying can be found in the Washington state patrol public records index which is available online at www.wsp.wa.gov/ or at any Washington state patrol public office.

(2) The Washington state patrol is prohibited by statute from disclosing lists of individuals for commercial purposes.

History

• Statutory Authority: RCW 42.56.040 through 46.56.570 [42.56.570]. WSR 07-04-039, § 446-10-100, filed 1/30/07, effective 3/2/07. Statutory Authority: RCW 42.17.250. WSR 79-04-037 (Order 79-2), § 446-10-100, filed 3/23/79.

Wash. Admin. Code § 446-10-110 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 chief or designee. The chief or designee shall immediately consider the petition and either affirm or reverse the denial within two business days following the Washington state patrol's receipt of the petition, or within such other time as the Washington state patrol and the requestor mutually agree upon.

(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the Washington state patrol 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.

(4) 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 42.56.040 through 46.56.570 [42.56.570]. WSR 07-04-039, § 446-10-110, filed 1/30/07, effective 3/2/07. Statutory Authority: RCW 42.17.250. WSR 79-04-037 (Order 79-2), § 446-10-110, filed 3/23/79.

Chapter 446-16 Washington state identification section.

Wash. Admin. Code § 446-16-010 Definitions.

For the purposes of these rules, the following words and phrases will have the following meanings:

(1) "Criminal history record information" includes, and will be restricted to identifying data and information recorded as the result of an arrest or other initiation of criminal proceedings and the consequent proceedings related thereto. "Criminal history record information" will not include intelligence, analytical or investigative reports and files.

(2) "Criminal justice agencies" are those public agencies within or outside the state which perform, as a principal function, activities directly relating to the apprehension, prosecution, adjudication or rehabilitation of criminal offenders.

(3) "Disposition" means the formal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system.

(4) "Division" means the criminal records division of the Washington state patrol.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-01-075, § 446-16-010, filed 12/10/20, effective 1/10/21
• WSR 10-01-109, § 446-16-010, filed 12/17/09, effective 1/17/10
• WSR 97-05-048, § 446-16-010, filed 2/18/97, effective 3/21/97
• Order 1, § 446-16-010, filed 2/11/74.

Wash. Admin. Code § 446-16-020 Scope of the rules.

Criminal history record information will not be released or inspected except in accordance with RCW 43.43.700 et seq., RCW 10.97.050, and these rules.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-01-075, § 446-16-020, filed 12/10/20, effective 1/10/21
• WSR 10-01-109, § 446-16-020, filed 12/17/09, effective 1/17/10
• Order 1, § 446-16-020, filed 2/11/74.

Wash. Admin. Code § 446-16-025 Deletion of arrest records.

(1) A person desiring the destruction of his or her fingerprints and/or other identifying data, pursuant to RCW 43.43.730, must make his or her request on a form furnished by the division.

(2) The request must be completed, signed by the person whose record is sought to be deleted and his or her signature witnessed. It must include the address of the applicant, the printed name and the address of the witness to the applicant's signature and such other information requested on the application as identifies the applicant and the offense for which the request of deletion is made.

(3) The request must include proof that the person making the request for deletion is the same person whose fingerprints or other identifying data are sought to be deleted. Such proof must include fingerprints of the applicant.

(4) The request must include the information necessary for the division to determine whether the request is consistent with RCW 10.97.060 including all details pertaining to the decision not to prosecute, dismissal, or acquittal of the offense for which the fingerprints or other identifying data were taken.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-01-075, § 446-16-025, filed 12/10/20, effective 1/10/21
• WSR 10-01-109, § 446-16-025, filed 12/17/09, effective 1/17/10
• WSR 97-05-048, § 446-16-025, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 92-15-014, § 446-16-025, filed 7/6/92, effective 8/6/92
• Order 1, § 446-16-025, filed 2/11/74.

Wash. Admin. Code § 446-16-060 Disposition reports—When required.

In every case where a fingerprint record of the arrest of an individual on criminal charges has been submitted to the division, the agency which makes the final determination of such criminal charges or in whose jurisdiction the final determination is made must report the disposition of such charges to the division at whatever stage it occurs in the criminal justice system.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-01-075, § 446-16-060, filed 12/10/20, effective 1/10/21
• WSR 10-01-109, § 446-16-060, filed 12/17/09, effective 1/17/10
• Order 1, § 446-16-060, filed 2/11/74.

Wash. Admin. Code § 446-16-070 Report contents—General.

The report of disposition must be made on forms provided or approved by the division or shall be transferred electronically on forms approved by the division. The disposition report must include all arrest details as they appeared on the fingerprint card forwarded to the division. The state identification number, process control number (PCN), and/or the transaction control number (TCN) must be indicated, if known, on the disposition report.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-01-075, § 446-16-070, filed 12/10/20, effective 1/10/21. Statutory Authority: RCW 43.43.745 and 10.97.090. WSR 16-21-024, § 446-16-070, filed 10/10/16, effective 11/10/16. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-16-070, filed 12/17/09, effective 1/17/10. Statutory Authority: Chapter 10.98 RCW as amended by SSB 6535, 1998 regular session. WSR 99-07-051, § 446-16-070, filed 3/15/99, effective 4/15/99. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 97-05-048, § 446-16-070, filed 2/18/97, effective 3/21/97
• Order 1, § 446-16-070, filed 2/11/74.

Wash. Admin. Code § 446-16-080 Report time limitations.

All of the information requested on the disposition report must be completed and the report mailed or electronically transferred to the division, within ten days of the date that a disposition becomes final.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-01-075, § 446-16-080, filed 12/10/20, effective 1/10/21
• WSR 10-01-109, § 446-16-080, filed 12/17/09, effective 1/17/10. Statutory Authority: Chapter 10.98 RCW as amended by SSB 6535, 1998 regular session. WSR 99-07-051, § 446-16-080, filed 3/15/99, effective 4/15/99. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 97-05-048, § 446-16-080, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 92-15-014, § 446-16-080, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 10.97.090. WSR 91-22-055 (Order 91-007), § 446-16-080, filed 11/1/91, effective 12/2/91
• Order 1, § 446-16-080, filed 2/11/74.

Wash. Admin. Code § 446-16-090 Law enforcement agencies—Reporting responsibilities.

(1) If the disposition of criminal charges is made by the arresting agency, as where the individual is released without charge, the arresting agency shall fill in and complete the disposition report and submit same to the division. If the disposition is known at the time of the arrest, this information should be noted on the fingerprint card or submitted electronically through livescan with the arrest information. In this case, it will be unnecessary to forward a disposition report.

(2) In all cases where the arresting agency does not make the final disposition, it shall initiate the preparation of a disposition report by recording the name of the individual arrested, the charges on which they were arrested, the name of the contributor of the fingerprint record, the process control and/or transaction control number, the arrest number and any other information that may identify the individual. At this stage the disposition of charges will be left blank. The partially completed disposition report must then be included as part of the individual's case file and must be forwarded with other information concerning the charges against the individual to the prosecutor or other agency to which the arresting agency forwards the case.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-01-075, § 446-16-090, filed 12/10/20, effective 1/10/21
• WSR 10-01-109, § 446-16-090, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 92-15-014, § 446-16-090, filed 7/6/92, effective 8/6/92
• Order 1, § 446-16-090, filed 2/11/74.

Wash. Admin. Code § 446-16-100 Prosecutorial agencies—Reporting responsibilities.

The prosecutor must promptly transmit the completed disposition information to the division if the prosecutor determines not to file charges or the case is not otherwise acted upon by a judicial body. In such cases, the prosecutor must mail or transfer the completed disposition report to the division within ten days from the date that it is determined no further judicial action will be taken on the charges.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-01-075, § 446-16-100, filed 12/10/20, effective 1/10/21
• WSR 10-01-109, § 446-16-100, filed 12/17/09, effective 1/17/10. Statutory Authority: Chapter 10.98 RCW as amended by SSB 6535, 1998 regular session. WSR 99-07-051, § 446-16-100, filed 3/15/99, effective 4/15/99. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 97-05-048, § 446-16-100, filed 2/18/97, effective 3/21/97
• Order 1, § 446-16-100, filed 2/11/74.

Wash. Admin. Code § 446-16-110 Courts—Reporting responsibilities.

Where the disposition of criminal charges occurs as a result of action taken by or within the jurisdiction of any court in the state of Washington, the disposition of such charges must be submitted electronically to the WSP via the electronic data exchange between the administrative office of the courts (AOC) and WSP or promptly reported to the division on a disposition report form or judgment and sentence.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-01-075, § 446-16-110, filed 12/10/20, effective 1/10/21
• WSR 10-01-109, § 446-16-110, filed 12/17/09, effective 1/17/10. Statutory Authority: Chapter 10.98 RCW as amended by SSB 6535, 1998 regular session. WSR 99-07-051, § 446-16-110, filed 3/15/99, effective 4/15/99. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 97-05-048, § 446-16-110, filed 2/18/97, effective 3/21/97
• Order 1, § 446-16-110, filed 2/11/74.

Chapter 446-20 Employment—Conviction records.

Wash. Admin. Code § 446-20-010 General applicability.

The regulations in this chapter will apply to state and local criminal justice agencies in the state of Washington that collect and maintain or disseminate criminal history record information. The regulations will also apply to criminal justice or other agencies outside the jurisdiction of the state of Washington for the purpose of the dissemination of criminal history record information to other agencies by state of Washington criminal justice agencies. The provisions of chapter 10.97 RCW do not generally apply to the courts and court recordkeeping agencies. The courts and court recordkeeping agencies have the right to request and receive criminal history record information from criminal justice agencies. The regulations are intended to cover all criminal justice records systems that contain criminal history record information, whether the systems are manual or automated. Chapter 10.97 RCW defines the rights and privileges relating to criminal history record information and should not be interpreted to redefine or amend rights or privileges relevant to any other kinds of records or information.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-010, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-010, filed 7/1/80.

Wash. Admin. Code § 446-20-020 Definitions.

For the purpose of this section the following apply:

(1) The definitions in RCW 10.97.030 will apply to these regulations.

(2) The definitions as enumerated in RCW 43.43.830 through 43.43.845, and as amended by chapter 9A.44 RCW, "An act relating to child and adult abuse information," will apply whenever applicable in these regulations.

(3) "Nonconviction data" has the meaning set forth in RCW 10.97.030 (2) and (8).

(4) "Division" means the criminal records division of the Washington state patrol.

(5) "The administration of criminal justice" has the meaning set forth in RCW 10.97.030 (1), but does not include crime prevention activities (if that is the sole function of the program or agency) or criminal defense activities.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-020, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-020, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.090. WSR 91-24-099 (Order 91-004), § 446-20-020, filed 12/4/91, effective 1/4/92. Statutory Authority: 1990 c 3. WSR 90-20-003 (Order 90-003), § 446-20-020, filed 9/20/90, effective 10/21/90. Statutory Authority: RCW 43.43.838 and 1987 c 486 § 5. WSR 88-07-066 (Order 88-03-A), § 446-20-020, filed 3/17/88. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-020, filed 7/1/80.

Wash. Admin. Code § 446-20-030 Convictions under appeal or review.

A conviction followed by an appeal or other court review may be treated as conviction information or as information pertaining to an incident for which a subject is currently being processed by the criminal justice system until such time as the conviction is reversed, vacated, or otherwise overturned by a court; but, notations of pending appeals or other court review will be included as a part of a person's criminal record if the agency disseminating the record has received written confirmation of such proceedings from the court.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-030, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-030, filed 7/1/80.

Wash. Admin. Code § 446-20-040 Deferred prosecutions.

(1) A deferred prosecution under chapter 10.05 RCW of an alleged offender does not become nonconviction data until more than one year has elapsed since arrest, citation, charge, or service of warrant, or there is a final decision to dismiss charges or not to prosecute, whichever occurs first.

(2) A deferred prosecution under this section will not be subject to deletion under RCW 10.97.060 unless there is a final decision not to prosecute.

(3) Notwithstanding subsection (2) of this section, the division retains the discretion to refuse to delete nonconviction data as provided in RCW 10.97.060.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-040, filed 2/11/21, effective 3/14/21. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 15-22-078, § 446-20-040, filed 11/3/15, effective 12/4/15
• WSR 80-08-057 (Order 80-2), § 446-20-040, filed 7/1/80.

Wash. Admin. Code § 446-20-050 Criminal justice agencies.

(1) The following agencies will be considered criminal justice agencies for the purpose of chapter 10.97 RCW and these regulations.

(a) The Washington state patrol;

(b) Foreign, federal, state, and local governmental law enforcement agencies;

(c) State, county, or municipal agencies that have responsibility for the detention, pretrial release, post-trial release, correctional supervision, or rehabilitation of accused persons or criminal offenders;

(d) Indeterminate sentence review board;

(e) Courts at any level for the administration of criminal justice.

(2) An agency or portion thereof that has been certified as a criminal justice agency pursuant to WAC 446-20-060.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-050, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-050, filed 12/17/09, effective 1/17/10
• WSR 97-05-048, § 446-20-050, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-050, filed 7/1/80.

Wash. Admin. Code § 446-20-060 Certification of agencies.

(1) An agency or portion of an agency that asserts a right to receive criminal history record information based on its status as a criminal justice agency must show satisfactory evidence of its certification as a criminal justice agency prior to receiving such information. The division will certify such an agency or portion of an agency, based on a showing that the agency or portion of an agency, meets the definition of a criminal justice agency in RCW 10.97.030. Agencies or portions of agencies which assert the right to be certified as a criminal justice agency must submit a written request for certification to the division.

(2) An agency or portion of an agency that asserts a right to receive nonconviction criminal history record information must show satisfactory evidence of certification to receive such information. Certification by the division will be granted based upon statute, ordinance, executive order, or a court rule, decision, or order which expressly refers to nonconviction criminal history record information, and which authorizes or directs that it be available or accessible for a specific purpose.

(3) The application must include documentary evidence which establishes eligibility for access to criminal history record information.

(4) The division will make a determination in writing on the eligibility or noneligibility of the applicant. The written determination, together with reasons for the decisions, will be sent to the applicant.

(5) The division must keep a current list of all agencies that have been certified to receive criminal history record information.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-060, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-060, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-060, filed 7/1/80.

Wash. Admin. Code § 446-20-070 Inspection—Individual's right to review record.

Every criminal justice agency must permit an individual who is, or believes he may be, the subject of a criminal record maintained by that agency to come to the central records keeping office of that agency during its normal business hours and request to inspect said criminal history record.

To the extent that criminal history record information (CHRI) exists (which includes and will be limited to identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any dispositions arising therefrom, including sentences, correctional supervision and release) is interfiled with other records of the department the agency may extract the CHRI for review.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-070, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-070, filed 7/1/80.

Wash. Admin. Code § 446-20-080 Inspection—Forms to be made available.

The criminal justice agency must make available a request form to be completed by the person who is, or believes he or she may be, the subject of a criminal record maintained by that agency. The form must be substantially equivalent to that set forth in WAC 446-20-400.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-080, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-080, filed 7/1/80.

Wash. Admin. Code § 446-20-090 Inspection of record by the subject of record.

(1) Any person desiring to inspect his or her criminal history record information or request a copy of his or her nonconviction data for a reasonable fee may do so at the central records keeping office of any criminal justice agency or at the Washington state patrol criminal records division, during normal business hours, Monday through Friday, excepting legal holidays.

(2) Any person desiring to inspect his or her criminal history record information or request a copy of his or her nonconviction data for a reasonable fee must first permit his or her fingerprints to be taken by the criminal justice agency for identification purposes. The criminal justice agency in its discretion may accept other identification in lieu of fingerprints.

(3) A reasonable period of time, not to exceed thirty minutes, will be allowed each individual to visually examine criminal history record information pertaining to himself or herself.

(4) If any person who desires to examine his or her criminal history record information is unable to read or is otherwise unable to examine same because of a physical disability, he or she may designate another person of their own choice to assist him or her. The person about whom the information pertains must execute, with his or her mark, a form provided by the criminal justice agency consenting to the inspection of criminal history information pertaining to himself or herself by another person for the purpose of it being read or otherwise described to him or her. Such designated person will then be permitted to read or otherwise describe or translate the criminal history record information to the person about whom it pertains.

(5) Each criminal justice agency will develop procedures to ensure that no individual improperly retains or mechanically reproduces nonconviction data during the process of inspection.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-090, filed 2/11/21, effective 3/14/21
• WSR 12-17-114, § 446-20-090, filed 8/21/12, effective 9/21/12
• WSR 10-01-109, § 446-20-090, filed 12/17/09, effective 1/17/10
• WSR 97-05-048, § 446-20-090, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-090, filed 7/1/80.

Wash. Admin. Code § 446-20-100 Inspection—Timeliness and manner of agency response.

(1) A criminal justice agency not maintaining criminal history record information of the individual requesting inspection will not be obligated to further processing of inspection request.

(2) A criminal justice agency maintaining criminal history record information of the individual requesting inspection must respond in the manner following and as soon as administratively convenient, but in no event later than ten business days from the date of the receipt of the request.

(a) If the criminal history record information concerns offenses for which fingerprints were not submitted to the division, the agency must respond by disclosing the identifiable descriptions and notations of arrests, charges, and dispositions that are contained in the files of the agency.

(b) If the criminal history record information concerns offenses for which fingerprints were submitted to the division, the agency upon request of the subject of the record, must forward the request to the division for processing.

(c) The division will copy all Washington state criminal history record information in the files of the division relating to the individual requester and forward it to the criminal justice agency submitting the request. The division may provide a copy of the individual's nonconviction data directly to the subject of record upon written request from the individual for a reasonable fee.

(d) Upon receipt by the criminal justice agency of the requester's criminal history record information, the agency will notify the requester at his or her designated address or telephone number that the requested information is available for inspection. The subject of the criminal history record information must appear at the agency during its normal business hours for purpose of inspecting the record.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-100, filed 2/11/21, effective 3/14/21
• WSR 12-17-114, § 446-20-100, filed 8/21/12, effective 9/21/12
• WSR 10-01-109, § 446-20-100, filed 12/17/09, effective 1/17/10
• WSR 97-05-048, § 446-20-100, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-100, filed 7/1/80.

Wash. Admin. Code § 446-20-120 Challenge—Individual's right to challenge.

A subject seeking to challenge the accuracy or completeness of any part of his or her criminal history record information must do so in writing, clearly identifying that information which he or she asserts to be inaccurate or incomplete. This includes only records generated by Washington state criminal justice agencies.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-120, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-120, filed 7/1/80.

Wash. Admin. Code § 446-20-130 Challenge—Forms to be made available.

Every criminal justice agency which authorizes individuals to use its facilities for the purpose of inspecting their criminal history record information shall provide an appropriate challenge form and the contact information of the agency whose record entry is being challenged. Such forms shall be substantially equivalent to that set forth in WAC 446-20-450.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-130, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-130, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-130, filed 7/1/80.

Wash. Admin. Code § 446-20-140 Challenge—Agency to make determination.

The agency which initiated the criminal history record information being challenged must:

(1) Not later than ten business days after receiving the written challenge, acknowledge receipt of the challenge in writing; and

(2) Promptly, but in no event later than ten business days after acknowledging receipt of the challenge, either:

(a) Make any correction of any portion of the criminal history record information which the person challenging such information has designated as being inaccurate or incomplete.

(b) Inform the person challenging the criminal history record information, in writing, of the refusal to amend the criminal history record information, the reason for the refusal, and the procedures for review of that refusal.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-140, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-140, filed 7/1/80.

Wash. Admin. Code § 446-20-150 Correction of erroneous information.

(1) The originating agency must send information correcting the previously incorrect information to all agencies and persons to which the previously incorrect information was disseminated by the originating agency. This obligation will be limited to disseminations made within one year of the date on which the challenge was initiated.

(2) Any criminal justice agency maintaining criminal history record information within the state must adopt a procedure which, when significant information in a criminal history record maintained on an individual is determined to be inaccurate, leads to the dissemination of corrected information to every agency and person(s) to which the prior erroneous information was disseminated within the preceding one year.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-150, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-150, filed 7/1/80.

Wash. Admin. Code § 446-20-160 Review of refusal to alter record.

A person who is the subject of a criminal record and who disagrees with the refusal of the agency maintaining or submitting the record to correct, complete, or delete the record, may request a review of the refusal within twenty business days of the date of receipt of such refusal. The request for review must be in writing. If review is requested in the time allowed, the head of the agency whose record or submission has been challenged must complete the review within thirty days and make a final determination of the challenge. The head of the agency may extend the thirty-day period for an additional period not to exceed thirty business days. If the head of the agency determines that the challenge should not be allowed, he or she must state his or her reasons in a written decision, a copy of which must be provided to the subject of the record. Denial by the agency head will constitute a final decision under RCW 34.05.570. Notwithstanding this section, RCW 43.43.730 governs an individual's request to the Washington state patrol criminal records division to purge, modify, or supplement that individual's criminal history record information on file with the Washington state patrol criminal records division.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-160, filed 2/11/21, effective 3/14/21. Statutory Authority: RCW 10.97.080. WSR 20-01-100, § 446-20-160, filed 12/13/19, effective 1/13/20. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-160, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-160, filed 7/1/80.

Wash. Admin. Code § 446-20-170 Secondary dissemination.

(1) Criminal justice agencies that receive state criminal history record information from the division may disseminate them further, "but only to the same extent to which the division itself would be authorized to make dissemination in the first instance." Nonconviction data based on an incident that arose in the jurisdiction of that agency about to make the dissemination is not subject to this restriction, if the agency is otherwise authorized to disseminate such information.

(2) Noncriminal justice agencies authorized to receive criminal history record information from whatever source may use it only for the specific purpose for which the agency is certified and shall not disseminate it further.

(3) Use of criminal history record information contrary to chapter 10.97 RCW or chapter 446-20 WAC may result in suspension or cancellation of authorization.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-170, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-170, filed 12/17/09, effective 1/17/10
• WSR 97-05-048, § 446-20-170, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-170, filed 7/1/80.

Wash. Admin. Code § 446-20-180 Dissemination pursuant to contract for services.

(1) Criminal history record information which includes nonconviction data may be disseminated pursuant to a contract to provide services, as set forth in RCW 10.97.050(5). The contract must contain provisions giving notice to the individual or agency to which the information is to be disseminated that the use of such information is subject to the provisions of chapter 10.97 RCW and these regulations, and federal statutes and regulations, which must be cited with express reference to the penalties provided for a violation thereof.

(2) When a criminal justice agency uses an information system containing criminal history record information that is controlled and managed by a noncriminal justice agency, the noncriminal justice agency may disseminate criminal history record information only as authorized by the criminal justice agency. Authorization must be established in a contract between the criminal justice agency and the noncriminal justice agency providing the management service or support. Any criminal justice agency entering a contract with a noncriminal justice agency must require that the noncriminal justice agency and personnel, who utilize criminal history record information, meet the same physical security and personnel standards as set forth by the Washington state patrol under RCW 10.97.090.

All programs, tapes, source documents, listings, and other developmental or related data processing information containing or permitting any person to gain access to criminal history record information, and all personnel involved in the development, maintenance, or operation of an automated information system containing criminal history record information, are subject to the requirements of RCW 10.97.050(5) and these regulations. A statement to this effect must be included in the contract.

The contract for support services must be substantially similar to that set forth in WAC 446-20-440.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-180, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-180, filed 7/1/80.

Wash. Admin. Code § 446-20-190 Dissemination—Research purposes.

Criminal history record information which includes nonconviction data may be disseminated for research, evaluative, or statistical purposes according to the provisions of RCW 10.97.050(6). The transfer agreement provided for by that section must be substantially similar to that set forth in WAC 446-20-420 (model transfer provisions).

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-190, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-190, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-190, filed 7/1/80.

Wash. Admin. Code § 446-20-200 Disclosure to assist victim.

A criminal justice agency may, but need not, disclose investigative information to "persons who have suffered physical loss, property damage, or injury compensable through civil action" as contemplated by RCW 10.97.070. Disclosure may be made to the apparent victim; an attorney, parent or guardian acting for the victim or an executor or administrator of an estate of a decedent victim; an authorized agent of the victim; another law enforcement or criminal justice agency making inquiry on behalf of the victim; and/or, upon an appropriate showing, an indemnitor, assignee, insurer, or subrogee of the victim. Written capacity to act on behalf of the victim may be required by the agency. Investigative information which "... may be of assistance to the victim in obtaining civil redress" may include but is not limited to:

(1) The name, address, and other location information about a suspect, witness, and in the event of a juvenile, the suspect's parent or guardian;

(2) Copies of the incident report; and in person review of documents, photographs, statements, and other materials collected in the course of an investigation;

(3) The location of, and identity of receivers and custodians of stolen property and of property recovered as lost and found property;

(4) The progress of proceedings arising from the incident and the disposition of any prosecution or other action.

An agency making a disclosure is not expected to evaluate the merits of a victim's claim for civil relief. Disclosure merely indicates the information has been received and the agency reasonably believes the information may be useful to the recipient in seeking civil redress. Disclosure does not constitute an opinion or comment upon the existence or merits of a claim and it does not vouch for the accuracy or completeness of the information.

Disclosures made to victims under the authority of RCW 10.97.070 must be considered in conjunction with chapter 42.56 RCW, chapter 46.52 RCW (Confidentiality of accident reports and statements), civil and criminal court rules governing discovery and other state and federal laws.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-200, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-200, filed 7/1/80.

Wash. Admin. Code § 446-20-210 Protection from accidental loss or injury.

Criminal justice agencies (hereinafter, agency(s)) and noncriminal justice contractors, (hereinafter, contractor(s)) which collect, retrieve, and/or store and disseminate criminal history record information in manual and automated systems, must institute procedures for the protection of criminal history record information from environmental hazards, including fire, flood, power failure, or other natural or man-made disasters, or in accordance with local fire, safety, and building codes.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-210, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-210, filed 7/1/80.

Wash. Admin. Code § 446-20-220 Protection against unauthorized access.

Criminal history record systems, whether dedicated to criminal justice purposes, or shared, will be designed and operated in accordance with procedures which will assure that:

(1) Access to criminal history record information facilities and system operating areas (whether for computerized or manual systems) and the content of data files and systems documentation, will be restricted to authorized personnel. These procedures may include use of guards, keys, badges, passwords, sign-in logs, or similar safeguards.

(2) All facilities which house criminal history record information must be designed and constructed so as to reduce the possibility of physical damage to the information resulting from unauthorized access.

(3) Criminal history record information is stored in such a manner that will prevent modification, destruction, access, change, purging, or overlay of criminal history record information by unauthorized personnel.

(4) Operational programs are used in computerized systems that will prohibit inquiry, record updates, or destruction of records from any terminal other than those authorized to perform criminal history record information functions.

(5) The purging or destruction of records is limited to personnel authorized by the criminal justice agency or through contract as required under WAC 446-20-180, and consistent with WAC 446-20-230.

(6) Refuse from the criminal history record information system installations is transferred and destroyed under such reasonably secure conditions as will effectively guard against unauthorized availability.

(7) Operational procedures are used in computerized systems to detect and store unauthorized attempts to penetrate any criminal history record information system, program or file, and that such information is made available only to criminal justice agency employees with responsibility for system security, or as authorized by WAC 446-20-180.

(8) The procedures developed to meet standards of subsections (4) and (7) of this section, are known only to authorized employees responsible for criminal history records information system control.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-220, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-220, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-220, filed 7/1/80.

Wash. Admin. Code § 446-20-230 Personnel security.

Any personnel with unescorted access to unencrypted criminal justice information including criminal history record information must meet the standards established by the Federal Bureau of Investigation's Criminal Justice Information Services (CJIS) Security Policy.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-230, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-230, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-230, filed 7/1/80.

Wash. Admin. Code § 446-20-240 Personnel training.

Any personnel with unescorted access to unencrypted criminal justice information including criminal history record information must meet the training standards established by the Federal Bureau of Investigation's Criminal Justice Information Services (CJIS) Security Policy.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-240, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-240, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-240, filed 7/1/80.

Wash. Admin. Code § 446-20-250 Contractor personnel clearances.

Any personnel with unescorted access to unencrypted criminal justice information including criminal history record information must meet the standards established by the Federal Bureau of Investigation's Criminal Justice Information Services (CJIS) Security Policy.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-250, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-250, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-250, filed 7/1/80.

Wash. Admin. Code § 446-20-260 Auditing of criminal history record information systems.

(1) Every criminal justice agency, including contractors authorized to collect, retrieve, maintain, and disseminate criminal history record information pursuant to WAC 446-20-180, must make its records available under RCW 10.97.090(3) to determine the extent of compliance with the following:

(a) Dissemination records as required under RCW 10.97.050(7);

(b) Security procedures as required by RCW 10.97.090(1); and

(c) Personnel standards as required by RCW 10.97.090(2).

(2) Personnel engaged in the auditing function will be subject to the same personnel security requirement as required under WAC 446-20-230, 446-20-240, and 446-20-250, as employees who are responsible for the management and operation of criminal history record information systems.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-260, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-260, filed 7/1/80.

Wash. Admin. Code § 446-20-270 Establishment of procedures.

Every criminal justice agency which collects, retrieves, maintains, and/or disseminates criminal history record information must establish written rules and regulations setting forth security and personnel procedures for authorized access to criminal history record information files or adopt administrative regulations promulgated by the Washington state patrol.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-270, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-270, filed 7/1/80.

Wash. Admin. Code § 446-20-280 Employment—Conviction records.

(1) A conviction record will be furnished consistent with the provisions of RCW 43.43.815, upon the submission of a written or electronic request of any employer, accompanied by fingerprints and other identifying data of the employee or prospective employee.

(2) Fingerprints must be submitted on cards of the type specified by the division, and must contain a certification by the employer that the information is being disseminated to and will be available only to persons involved in the hiring, background investigation, or job assignment of the person whose record is disseminated, that the record will be used only as necessary for the purposes enumerated in this section, and that the request for conviction data is for one of the following purposes:

(a) Securing a bond required for any employment;

(b) Conducting preemployment and postemployment evaluations of employees and prospective employees who, in the course of employment, may have access to information affecting national security, trade secrets, confidential or proprietary business information, money, or items of value; or

(c) Assisting an investigation of suspected employee misconduct where such misconduct may also constitute a penal offense under the laws of the United States or any state.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-280, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-280, filed 12/17/09, effective 1/17/10
• WSR 97-05-048, § 446-20-280, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.090. WSR 91-24-099 (Order 91-004), § 446-20-280, filed 12/4/91, effective 1/4/92. Statutory Authority: 1982 c 202 § 1(7). WSR 82-22-006 (Order 82-5), § 446-20-280, filed 10/22/82.

Wash. Admin. Code § 446-20-285 Employment—Conviction records.

Conviction information will be furnished by the state patrol upon written or electronic request of any applicant, business or organization, the state board of education, or the department of social and health services. This information will consist of the following:

(1) Convictions of crimes; and

(2) Criminal history information will be furnished from the division, consistent with the provisions of RCW 43.43.830 through 43.43.840, upon receipt of a written or electronic request.

School districts, the superintendent of public instruction, educational service districts and their contractors will also receive conviction information under RCW 10.97.030 and 10.97.050 pursuant to chapter 159, Laws of 1992.

The division will also furnish any similar records maintained by the Federal Bureau of Investigation or records in custody of the National Crime Information Center, if available, subject to their policies and procedures regarding such dissemination.

(a) The business or organization making such request will not make an inquiry to the Washington state patrol or an equivalent inquiry to a federal law enforcement agency unless the business or organization has notified the applicant who has been offered a position as an employee or volunteer that an inquiry may be made.

(b) For positive identification, the request for criminal history information form may be accompanied by fingerprint cards of a type specified by the division, and must contain a certification by the business or organization; the state board of education; or the department of social and health services, that the information is being requested and will be used only for the purposes as enumerated in RCW 43.43.830 through 43.43.845.

(c) In the absence of fingerprint cards, the applicant may provide a right thumb fingerprint impression in the area provided on the request for criminal history information form. In the event of a possible match to the applicant's name and date of birth, the right thumb fingerprint impression will be used for identification verification purposes only.

(d) After processing a properly completed request for criminal history information form, if the conviction record, disciplinary authority final decision, or equivalent response from a federal law enforcement agency shows no evidence of crimes, an identification declaring the showing of no evidence will be issued to the business or organization by the division within fourteen working days of receipt of the request. Possession of such identification will satisfy future record check requirements for the applicant for a two-year period.

(e) The business or organization must notify the applicant of the state patrol's response within ten calendar days after receipt by the business or organization. The employer must provide a copy of the response to the applicant and must notify the applicant of such availability.

(f) The business or organization will be immune from civil liability for failure to request background information on a prospective employee or volunteer unless the failure to do so constitutes gross negligence.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-285, filed 2/11/21, effective 3/14/21
• WSR 12-17-114, § 446-20-285, filed 8/21/12, effective 9/21/12
• WSR 10-01-109, § 446-20-285, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.030 and 43.830-845 [43.43.830- 43.43.845]. WSR 03-05-007, § 446-20-285, filed 2/7/03, effective 3/10/03. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 97-05-048, § 446-20-285, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 43.43.760, 43.43.815 and 43.43.838. WSR 92-15-015, § 446-20-285, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 10.97.090. WSR 91-24-099 (Order 91-004), § 446-20-285, filed 12/4/91, effective 1/4/92. Statutory Authority: 1990 c 3. WSR 90-20-003 (Order 90-003), § 446-20-285, filed 9/20/90, effective 10/21/90. Statutory Authority: RCW 43.43.838. WSR 89-23-017, § 446-20-285, filed 11/6/89, effective 12/7/89. Statutory Authority: RCW 43.43.838 and 1987 c 486 § 5. WSR 88-07-066 (Order 88-03-A), § 446-20-285, filed 3/17/88.

Wash. Admin. Code § 446-20-300 Privacy—Security.

(1) All employers or prospective employers receiving conviction records pursuant to RCW 43.43.815, must comply with the provisions of WAC 446-20-210 through 446-20-250 relating to privacy and security of the records.

(2) Businesses or organizations, the state board of education, and the department of social and health services receiving conviction records or disciplinary board final decision information must comply with the provisions of WAC 446-20-220 (1) and (3) relating to privacy and security of the records.

(a) The business or organization must use this record only in making the initial employment or engagement decision. Further dissemination or use of the record is prohibited. A business or organization violating this prohibition is subject to a civil action for damages.

(b) No employee of the state, employee of a business or organization, or the organization is liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information under RCW 43.43.830 through 43.43.840 or 43.43.760.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 12-17-114, § 446-20-300, filed 8/21/12, effective 9/21/12
• WSR 10-01-109, § 446-20-300, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 43.43.760, 43.43.815 and 43.43.838. WSR 92-15-015, § 446-20-300, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 43.43.838 and 1987 c 486 § 5. WSR 88-07-066 (Order 88-03-A), § 446-20-300, filed 3/17/88. Statutory Authority: 1982 c 202 § 1(7). WSR 82-22-006 (Order 82-5), § 446-20-300, filed 10/22/82.

Wash. Admin. Code § 446-20-310 Audits.

(1) All employers or prospective employers receiving conviction records pursuant to RCW 43.43.815 must comply with the provisions of WAC 446-20-260 through 446-20-270 relating to audit of the recordkeeping system.

(2) Businesses or organizations, the state board of education and the department of social and health services receiving conviction records or disciplinary board final decision information may be subject to periodic audits by Washington state patrol personnel to determine compliance with the provisions of WAC 446-20-300(2).

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 12-17-114, § 446-20-310, filed 8/21/12, effective 9/21/12
• WSR 10-01-109, § 446-20-310, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.090. WSR 91-24-099 (Order 91-004), § 446-20-310, filed 12/4/91, effective 1/4/92. Statutory Authority: RCW 43.43.838 and 1987 c 486 § 5. WSR 88-07-066 (Order 88-03-A), § 446-20-310, filed 3/17/88. Statutory Authority: 1982 c 202 § 1(7). WSR 82-22-006 (Order 82-5), § 446-20-310, filed 10/22/82.

Wash. Admin. Code § 446-20-400 Form of request to inspect record.

inspection of record request

(RCW 10.97.080/WAC 446-20-070)

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-400, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-400, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-400, filed 7/1/80.

Wash. Admin. Code § 446-20-420 Model agreement for research, evaluative or statistical purposes.

agreement made this . . . day of . . . . . , 20. . ., between . . . . . . . , (hereinafter referred to as "researcher") and . . . . . . . , (hereinafter referred to as "criminal justice agency")*

whereas the researcher had made a written request to the criminal justice agency dated . . . . . . , a copy of which is annexed hereto and made a part hereof, and

whereas the criminal justice agency has reviewed said written request and determined that it clearly specifies (1) the criminal history record information sought, and (2) the research, evaluative or statistical purpose for which the said information is sought,** and

whereas the researcher represents that (he) (she) (it) is in receipt of, and is familiar with, the provisions of chapter 10.97 RCW, 28 C.F.R. Part 22, including provisions for sanctions at Parts 22.24(c) and 22.29 thereof,

now, therefore, it is agreed as follows:

(Describe in detail)***

. . . .

. . . .

. . . .

. . . .

compliance agreement of employee, consultant or subcontractor.

(I) (We), employee(s) of, consultant to, (and) (or) subcontractor of the researcher, acknowledge familiarity with the terms and conditions of the foregoing agreement between the criminal justiceagency and researcher, and agree to comply with the terms and conditions thereof in (my) (our) use and protection of the criminal history record information obtained pursuant to the foregoing agreement.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-420, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 43.43.760, 43.43.815 and 43.43.838. WSR 92-15-015, § 446-20-420, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-420, filed 7/1/80.

Wash. Admin. Code § 446-20-450 CHRI challenge form.

chri challenge form

(request for modification of chri)

RCW 10.97.080/WAC 446-20-120

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-450, filed 2/11/21, effective 3/14/21. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-450, filed 7/1/80.

Wash. Admin. Code § 446-20-500 Sex offender and kidnapping offender registration.

RCW 9A.44.130 requires any adult or juvenile residing in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense to register with the county sheriff for the county of that person's residence. The sheriff is required to forward the registration information to the division within five working days. The Washington state patrol is mandated to maintain a central registry of sex offenders and kidnapping offenders consistent with chapters 10.97, 10.98, and 43.43 RCW.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-500, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-500, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 4.24.550, 9A.44.130, [9A.44.]140, 10.02.200, 43.43.540 and 70.48.470. WSR 98-01-021, § 446-20-500, filed 12/8/97, effective 1/8/98. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 97-05-048, § 446-20-500, filed 2/18/97, effective 3/21/97. Statutory Authority: 1991 c 274. WSR 91-20-045 (Order 91-005), § 446-20-500, filed 9/24/91, effective 10/25/91. Statutory Authority: 1990 c 3. WSR 90-20-003 (Order 90-003), § 446-20-500, filed 9/20/90, effective 10/21/90.

Wash. Admin. Code § 446-20-510 History retention.

Sex and kidnapping offender registration information will be maintained in the offender's criminal history file according to retention periods outlined in RCW 9A.44.140. Once an offender is registered, a notation of "registered sex offender" or "registered kidnapping offender" will be printed on the transcript of record for that individual.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-20-510, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 4.24.550, 9A.44.130, [9A.44.]140, 10.02.200, 43.43.540 and 70.48.470. WSR 98-01-021, § 446-20-510, filed 12/8/97, effective 1/8/98. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 97-05-048, § 446-20-510, filed 2/18/97, effective 3/21/97. Statutory Authority: 1991 c 274. WSR 91-20-045 (Order 91-005), § 446-20-510, filed 9/24/91, effective 10/25/91. Statutory Authority: 1990 c 3. WSR 90-20-003 (Order 90-003), § 446-20-510, filed 9/20/90, effective 10/21/90.

Wash. Admin. Code § 446-20-515 Photograph/fingerprint requirement.

Registration requires the offender be fingerprinted and photographed and also provide the sheriff with the following information which must be forwarded to the Washington state patrol criminal records division within five working days:

Name;

Address;

Date of birth;

Place of birth;

Social Security number;

Institution of higher education enrolled, attending;

Place of employment;

Crime for which convicted;

Date/place of conviction; and

Aliases used.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-515, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-515, filed 12/17/09, effective 1/17/10. Statutory Authority: 1991 c 274. WSR 91-20-045 (Order 91-005), § 446-20-515, filed 9/24/91, effective 10/25/91. Statutory Authority: 1990 c 3. WSR 90-20-003 (Order 90-003), § 446-20-515, filed 9/20/90, effective 10/21/90.

Wash. Admin. Code § 446-20-520 Photographs.

Photographs must be in color. These are not to be file photographs. A new photograph is required.

For paper submissions, write full name, date of birth, and state identification number (SID). Paperclip (no staples please) the photograph to the fingerprint card with the registration information completed and forward to Washington state patrol, criminal records division. For electronic submissions, current color photographs added to OffenderWatch can be electronically uploaded to the Washington state patrol database.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-520, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-520, filed 12/17/09, effective 1/17/10
• WSR 97-05-048, § 446-20-520, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 43.43.760, 43.43.815 and 43.43.838. WSR 92-15-015, § 446-20-520, filed 7/6/92, effective 8/6/92. Statutory Authority: 1990 c 3. WSR 90-20-003 (Order 90-003), § 446-20-520, filed 9/20/90, effective 10/21/90.

Wash. Admin. Code § 446-20-525 Change of address form.

Registered sex and kidnapping offenders who change residence within the same county are required to submit change of address information to the county sheriff within three days.

Registered sex and kidnapping offenders who change residence from one county to another are required to register with the new county of residence within three days of moving and must provide written notice of the change of address or in person to the county sheriff with whom the offender last registered.

County sheriffs must forward "change of address" information to the Washington state patrol criminal records division within five working days upon receipt.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-525, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-525, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 4.24.550, 9A.44.130, [9A.44.]140, 10.02.200, 43.43.540 and 70.48.470. WSR 98-01-021, § 446-20-525, filed 12/8/97, effective 1/8/98. Statutory Authority: 1990 c 3. WSR 90-20-003 (Order 90-003), § 446-20-525, filed 9/20/90, effective 10/21/90.

Wash. Admin. Code § 446-20-530 Refundable fee.

The division will reimburse sheriffs' offices for the actual registration cost, not to exceed thirty-two dollars for each registration, which must include photographs and fingerprints submitted pursuant to RCW 9A.44.130. This fee will further ensure that direct and indirect costs at the county level associated with the provisions of this chapter are refunded by the division on a monthly basis based upon the number of registrations submitted.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-530, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-530, filed 12/17/09, effective 1/17/10
• WSR 97-05-048, § 446-20-530, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.090. WSR 91-24-099 (Order 91-004), § 446-20-530, filed 12/4/91, effective 1/4/92. Statutory Authority: 1990 c 3. WSR 90-20-003 (Order 90-003), § 446-20-530, filed 9/20/90, effective 10/21/90.

Wash. Admin. Code § 446-20-600 Fees.

(1) A nonrefundable fee must accompany each request for conviction records submitted for a name and date of birth background check or a background check requested by fingerprint search at the state level pursuant to RCW 43.43.830 through 43.43.845, and chapter 10.97 RCW unless through prior arrangement, an account is authorized and established.

(2) A nonrefundable FBI fee will be charged for fingerprint cards submitted for federal searches. It will be the responsibility of the division to collect all fees due and forward fingerprint cards and fees to the FBI.

(3) A nonrefundable fee will be charged for taking fingerprint impressions by the division. Fees are to be deposited in the Washington state patrol fingerprint identification account.

(4) A reasonable fee will be charged for a request for nonconviction data in lieu of a record review pursuant to RCW 10.97.080.

(5) All fees are to be made payable to the Washington state patrol and are to be remitted by cash, cashier's check, money order or check written on a business account. Credit cards may be used only for payment of electronic requests and for any other fingerprint or conviction record services the state patrol has implemented credit card payment procedures. The division must adjust the fee schedule as may be practicable to ensure that direct and indirect costs associated with the provisions of these chapters are recovered.

(6) Pursuant to the provisions of RCW 43.43.838 and chapter 28A.410 RCW, no fees will be charged to a nonprofit organization, or volunteers in school districts and educational service districts for background checks.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-600, filed 2/11/21, effective 3/14/21
• WSR 12-17-114, § 446-20-600, filed 8/21/12, effective 9/21/12
• WSR 10-01-109, § 446-20-600, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.100, 43.43.742. WSR 05-03-034, § 446-20-600, filed 1/10/05, effective 2/10/05. Statutory Authority: RCW 43.43.742 through 43.43.845 and chapter 10.97 RCW. WSR 99-07-050, § 446-20-600, filed 3/15/99, effective 4/15/99. Statutory Authority: RCW 43.43.830 - [43.43.]845, chapters 10.97, 28A.400 and 74.15 RCW. WSR 96-18-017, § 446-20-600, filed 8/26/96, effective 9/26/96.

Wash. Admin. Code § 446-20-610 Superintendent of public instruction—Prospective educational employees—Fees.

(1) In addition to the state search, an FBI search is required for requests submitted under chapter 28A.410 RCW. One fingerprint card is required to be submitted to the Washington state patrol criminal records division.

(2) Appropriate nonrefundable fees are to be charged and made payable to the Washington state patrol for searches conducted under chapter 28A.410 RCW.

(3) Prospective employees hired by the superintendent of public instruction, educational service districts, school districts and/or their contractors must pay the appropriate fees for state and federal fingerprint checks conducted under chapter 28A.410 RCW.

(4) Fees are to be deposited in the Washington state patrol fingerprint identification account.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-610, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-610, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 43.43.830 - 43.43.845. WSR 05-07-141, § 446-20-610, filed 3/23/05, effective 4/23/05. Statutory Authority: RCW 43.43.830 - [43.43.]845 and 1998 c 346. WSR 98-19-039, § 446-20-610, filed 9/11/98, effective 10/12/98. Statutory Authority: RCW 43.43.830 - [43.43.]845, chapters 10.97, 28A.400 and 74.15 RCW. WSR 96-18-017, § 446-20-610, filed 8/26/96, effective 9/26/96.

Wash. Admin. Code § 446-20-630 Department of social and health services—Child care licensing—Fees.

(1) In addition to the state search, an FBI search is required for requests submitted under chapter 74.15 RCW. One fingerprint card is required to be submitted to the Washington state patrol criminal records division.

(2) Department of social and health services (DSHS) will process fingerprint background checks under chapter 74.15 RCW, RCW 43.43.837 and 43.20A.710.

(3) All nonrefundable fees collected will be deposited into the Washington state patrol fingerprint identification account.

(4) A nonrefundable state and FBI fee will be charged on fingerprint cards clearly designated as "volunteer" pursuant to the provisions under Section 3e of the National Child Care Protection Act of 1993 as amended by the Crime Control Act of 1994.

"RCW 43.43.837" and "volunteer" must be entered in the "reason fingerprinted" box on the fingerprint card submitted. Failure to indicate "volunteer" and the RCW citation on fingerprint cards will result in full fees being charged.

History

• Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 21-05-044, § 446-20-630, filed 2/11/21, effective 3/14/21
• WSR 10-01-109, § 446-20-630, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 43.43.830 - 43.43.845. WSR 05-07-157, § 446-20-630, filed 3/23/05, effective 4/23/05. Statutory Authority: RCW 43.43.830 - [43.43.]845, chapters 10.97, 28A.400 and 74.15 RCW. WSR 96-18-017, § 446-20-630, filed 8/26/96, effective 9/26/96.

Chapter 446-30 Disposition of vehicles seized for altered vehicle identification numbers—Hearings.

Wash. Admin. Code § 446-30-010 Purpose.

The purpose of this regulation is to provide administrative rules and standards for hearings conducted pursuant to chapter 124, Laws of 1974 1st ex. sess. (RCW 9.54.130 and 46.12.725) relating to the disposition of motor vehicles, motorcycles, motor-driven cycles, trailers, vessels, motorboats, or component parts thereof impounded by the Washington state patrol.

History

• Statutory Authority: RCW 46.12.725. WSR 14-18-075, § 446-30-010, filed 9/3/14, effective 10/4/14. Statutory Authority: RCW 46.12.330. WSR 00-02-069, § 446-30-010, filed 1/4/00, effective 2/4/00
• Order II, § 446-30-010, filed 11/22/74.

Wash. Admin. Code § 446-30-020 Definitions.

(1) The term "aggregate value" of an article or articles whose ownership is in question will be the current market value of the article as determined by procedures set out in WAC 446-30-040(2) as of the time of the proposed disposition.

(2) The term "interested party" or "party in interest" is defined as a party claiming ownership or a right to possession of the article involved.

(3) The term "article" will encompass the plural "articles" and includes motor vehicles, motorcycles, motor-driven cycles, trailers, vessels, motorboats, or component parts thereof.

History

• Statutory Authority: RCW 46.12.725. WSR 14-18-075, § 446-30-020, filed 9/3/14, effective 10/4/14
• Order II, § 446-30-020, filed 11/22/74.

Wash. Admin. Code § 446-30-030 Hearing officer.

The hearing will be conducted by a person appointed by the chief of the Washington state patrol. The hearing will be conducted at a place within the state designated by the hearing officer who will consider the convenience of the witnesses involved in the hearing, and the convenience of the parties in interest. The hearing officer, after having heard evidence submitted to him and having conducted a hearing in accordance with this chapter and chapter 446-08 WAC, will decide whether a party in interest has presented a claim of ownership or right to possession of the article involved sufficient to award possession of the article to the party. If so, the hearing officer will order the article released to such party.

History

• Statutory Authority: RCW 46.12.725. WSR 14-18-075, § 446-30-030, filed 9/3/14, effective 10/4/14
• Order II, § 446-30-030, filed 11/22/74.

Wash. Admin. Code § 446-30-040 Procedure.

(1) Insofar as it is applicable, hearings under this chapter will be pursuant to chapters 34.05 RCW and 446-08 WAC as supplemented by this chapter.

(2) In accordance with RCW 46.12.735, any person claiming ownership or right of possession hereunder may remove the matter to a court of competent jurisdiction if the aggregate value of the article involved is one hundred dollars or more. If the article involved is a component part or parts of a vehicle, then the right to remove the matter to a court of competent jurisdiction will be conditioned on the component part or parts having an aggregate value of one hundred dollars or more. An officer of the Washington state patrol assigned to the motor vehicle theft section must determine the current market value of the article based on such factors as the condition of the vehicle, the year, and the make of the vehicle, etc. The value finally arrived at by the officer should reflect the value of the vehicle on the open market. If the value of the article cannot be agreed upon by the officer and the interested party, a dealer who specializes in the type article must be contacted to determine the current market value.

(3) The hearing officer, after having heard all pertinent evidence submitted to him/her will make written findings of fact based on the evidence and written conclusions based on the findings and applicable law in accordance with WAC 446-08-410. The findings and conclusions of the hearing officer will be served on all parties to the hearing within fifteen days of the close of the hearing. If a decision adverse to an interested party is made, no disposition will be made of the property until after thirty days following service of the hearing officer's decision, or until expiration of any stay of disposition granted by the hearing officer or court of competent jurisdiction, whichever date comes last.

(4) Upon application to the hearing officer by any interested party aggrieved by the decision for a stay of disposition in any matter in which an appeal has been filed, the hearing officer shall stay his or her order of disposition pending the outcome of the appeal to a court of competent jurisdiction.

History

• Statutory Authority: RCW 46.12.725. WSR 14-18-075, § 446-30-040, filed 9/3/14, effective 10/4/14
• Order II, § 446-30-040, filed 11/22/74.

Wash. Admin. Code § 446-30-050 Burden of proof.

The person or party in interest claiming to be the lawful owner or to have the lawful right to possession will have the burden of establishing his claim of ownership.

History

• Statutory Authority: RCW 46.12.725. WSR 14-18-075, § 446-30-050, filed 9/3/14, effective 10/4/14
• Order II, § 446-30-050, filed 11/22/74.

Wash. Admin. Code § 446-30-060 Record.

Any oral proceedings will be recorded on tape and such tape will become part of the hearing record.

History

• Statutory Authority: RCW 46.12.725. WSR 14-18-075, § 446-30-060, filed 9/3/14, effective 10/4/14
• Order II, § 446-30-060, filed 11/22/74.

Wash. Admin. Code § 446-30-070 Appeal.

Appeal from the decision of the hearing officer to a superior court by an interested party aggrieved by a decision in a contested case must be in accordance with RCW 34.05.570 and applicable court rules.

History

• Statutory Authority: RCW 46.12.725. WSR 14-18-075, § 446-30-070, filed 9/3/14, effective 10/4/14
• Order II, § 446-30-070, filed 11/22/74.

Chapter 446-40 Disability retirements—Applications—Decisions—Appeals.

Wash. Admin. Code § 446-40-010 Purpose.

The purpose of this regulation is to provide an administrative procedure and standards for disability retirements under RCW 43.43.040.

History

• Order II, § 446-40-010, filed 11/22/74.

Wash. Admin. Code § 446-40-020 Definitions.

(1) The term "active service," as it applies to a member of the Washington state patrol, is defined as all performance of duties of whatever type, performed pursuant to orders by a superior of the member, provided, such duties shall be consistent with the responsibilities of the Washington state patrol. "Active service" shall consist of "line duty" and "other duty."

(2) "Line duty" is active service which encompasses the traffic law enforcement duties and/or other law enforcement responsibilities of the Washington state patrol. These duties encompass all law enforcement activities, accident and criminal investigations, or actions requiring physical exertion or exposure to hazardous elements.

(3) "Other duty" is active service which encompasses activities consistent with the responsibilities of the Washington state patrol, but which do not foreseeably require more physical exertion than that normally required for the performance of clerical tasks.

(4) "Disability" is defined as any injury or incapacitation of such an extent as to render a member of the Washington state patrol mentally or physically incapable of active service.

(5) "Applicant" as the term is used in this regulation shall refer either to the member or to the department, whichever is initiating action pursuant to this regulation.

(6) The term "member" is defined as a regularly commissioned officer in the Washington state patrol.

(7) The term "chief" in this regulation refers to the chief of the Washington state patrol.

(8) The term "personnel officer" is defined as the person designated by the chief to be responsible for personnel matters within the Washington state patrol.

(9) The term "department" refers to the Washington state patrol as a state agency.

History

• Statutory Authority: RCW 43.43.040. WSR 89-10-015 (Order 89-01-RD), § 446-40-020, filed 4/24/89
• Order II, § 446-40-020, filed 11/22/74.

Wash. Admin. Code § 446-40-025 Line duty disabilities.

(1) Line duty disabilities occur when a commissioned officer of the Washington state patrol is injured or incapacitated while:

(a) Performing traffic law enforcement duties.

(b) Investigating accidents or suspected criminal activities.

(c) Participating in law enforcement training that requires physical exertion, use of firearms, or exposure to hazardous elements.

(d) Performing other activities which must be performed by a commissioned law enforcement officer and exposes the officer to hazardous elements or requires physical exertion.

(2) Injuries that occur while performing activities that do not expose the officer to hazardous elements or require physical exertion, such as, but not limited to, report writing, answering telephone inquiries, attending meetings, or performing limited duty, do not qualify as line duty injuries.

(3) If a commissioned officer assigned to administrative duties must perform work defined as "line duty" and is injured, it will be considered a line duty injury.

History

• Statutory Authority: RCW 43.43.040. WSR 89-10-015 (Order 89-01-RD), § 446-40-025, filed 4/24/89.

Wash. Admin. Code § 446-40-030 Application for disability.

No member shall be placed in or removed from disability retirement status by application of the member, the department, or the personnel officer except in accordance with this regulation.

History

• Order II, § 446-40-030, filed 11/22/74.

Wash. Admin. Code § 446-40-040 Application by member or personnel officer.

(1) Whenever a member of the Washington state patrol desires to be placed in disability retirement status or the personnel officer determines that the member should be placed in disability retirement status, the member or the personnel officer, as appropriate, will make application through command channels to the chief, stating in full the basis of his claim of disability and include with his application such supporting documents as may be available to include medical history, reports, doctors' analyses, and other pertinent materials. When the personnel officer makes such application, he shall forward a copy of the application and supporting documents to the member concerned.

(2) Upon receipt of such application, the chief, after seeking such evaluation and advice as he shall deem necessary, shall determine whether the applicant shall be placed in disability retirement status. Following this determination, the chief shall indicate to the applicant that based upon the information available to him at that time, placement in disability retirement status is or is not warranted. If the chief orders a member into disability retirement status, the member shall not be prejudiced by a failure to obey this order if, within seven days of receiving the order, he requests a formal hearing as provided for in WAC 446-40-070 et seq.

(3) Similarly, when a member of the Washington state patrol is in disability retirement status and seeks return to active service status, he shall apply to the chief, stating in full the basis for his seeking return to active status and including with his application such supporting documents as may be available to include medical history, reports, doctors' analyses, and other pertinent materials. Upon receipt of such application, the chief, after seeking such evaluation and advice as he may deem necessary, shall determine if the applicant should be restored to active service. Following this determination, the chief will indicate to the applicant that based upon the information available to him at that time, restoration is or is not warranted.

History

• Order II, § 446-40-040, filed 11/22/74.

Wash. Admin. Code § 446-40-050 Action by chief.

When the chief determines pursuant to RCW 43.43.040 and based upon available medical history, reports, doctors' analyses and the like, that a member in disability retirement status should be returned to active service status, he may so order the member to active service status pursuant to RCW 43.43.040. The member shall not be prejudiced by failure to report if, within seven days after receipt of the order, he requests a formal hearing as provided for in WAC 446-40-070, et seq.

History

• Order 4, § 446-40-050, filed 2/27/76
• Order II, § 446-40-050, filed 11/22/74.

Wash. Admin. Code § 446-40-060 Finality of chief's decision—Exception.

The decision of the chief, made under any of the circumstances set out in WAC 446-40-040 or 446-40-050, shall be final, unless the member concerned, within seven days of receipt of the decision, requests a formal hearing before the Washington state patrol disability retirement board.

History

• Order II, § 446-40-060, filed 11/22/74.

Wash. Admin. Code § 446-40-070 The board—Responsibilities and functions.

(1) The board shall consist of an administrative law judge and three members appointed by the chief, two of whom shall be appointed annually. The administrative law judge shall be the presiding officer and shall make all necessary rulings in the course of the hearing, but shall not participate in the deliberations or preparation of findings and recommendations by the board. The third member shall be appointed each time the board is convened and shall be of the same rank as the member whose case the board is hearing.

(2) The board shall inquire into all pertinent matters relating to the disability retirement questions before the board.

(3) The board shall obtain and review reports or testimony of mental or physical examinations of the member and shall advise the chief whether, in its opinion, the member is mentally or physically capable of continuing in active service or of resuming active service.

(4) When reviewing the case of a member in disability retirement status, the board shall recommend whether disability retirement should be continued or whether the member shall be directed to return to active duty.

(5) When reviewing an application by a member or the personnel officer for disability retirement status, the board shall recommend whether the chief should deny or grant the application.

(6) When the board recommends that a member presently in disability retirement status should return to active duty, or that a request for disability retirement should be denied, the board shall also make findings based on the evidence before it whether the member is physically or mentally capable of performing any specific assignment while on active duty. Where the board finds the member has a physical or mental impairment or disability, it shall describe such impairment or disability and the expected duration thereof, and shall recommend specific job assignments within the department which the member is mentally and physically capable of performing in his/her present condition.

(7) When the board recommends that the application for disability retirement status should be granted, it shall also determine whether the departmental member was injured or incapacitated while in the performance of his/her official duties or while on standby or available for duty.

History

• Statutory Authority: RCW 43.43.040. WSR 93-15-074, § 446-40-070, filed 7/19/93, effective 8/19/93
• WSR 82-22-004 (Order 82-6), § 446-40-070, filed 10/21/82
• WSR 81-04-042 (Order 81-1), § 446-40-070, filed 2/3/81
• Order 4, § 446-40-070, filed 2/27/76
• Order II, § 446-40-070, filed 11/22/74.

Wash. Admin. Code § 446-40-080 Procedure.

The provisions of chapter 446-08 WAC shall govern the conduct of the hearing and procedure before the board. The burden of proof in the hearing before the board shall be upon the applicant, whether a member or the department, who is seeking a change in a member's status to disability retirement or to active service.

History

• Order 4, § 446-40-080, filed 2/27/76
• Order II, § 446-40-080, filed 11/22/74.

Wash. Admin. Code § 446-40-090 Responsibility of member.

All department members having knowledge pertinent to the issues before the board shall cooperate with the board and shall not withhold information or facts within their knowledge, provided that no person shall be required to furnish any information or statements which would tend to incriminate him.

History

• Order II, § 446-40-090, filed 11/22/74.

Wash. Admin. Code § 446-40-100 Duties of board following hearing.

In all cases, the board shall prepare a record of the hearing as described in RCW 34.04.090(5). All oral testimony before the board shall be taped. The tapes shall be part of the record. Such record shall be presented to the chief within fourteen days following the conclusion of the board's hearing. A copy of the record shall be delivered to the member within fourteen days following the conclusion of the board's hearings.

History

• Statutory Authority: RCW 43.43.040. WSR 82-22-004 (Order 82-6), § 446-40-100, filed 10/21/82
• Order 4, § 446-40-100, filed 2/27/76
• Order II, § 446-40-100, filed 11/22/74.

Wash. Admin. Code § 446-40-110 Decision by the chief.

(1) The chief shall review the record if he has not heard the evidence, and in all cases shall review the findings, exceptions and recommendations of the other members of the board, and decide on the basis of this material and upon no other basis or prior action whether the member shall or shall not be placed in or removed from disability retirement status. The chief may order the hearing reopened in the event he finds it necessary to do so to make a decision and he shall inform the board what additional inquiry is required. The board's supplemental action, if any, shall be made in the manner set out in WAC 446-40-070 through 446-40-100.

(2) In accordance with RCW 34.04.110, prior to making a final decision which is adverse to the member, the chief, if he has not heard or read the evidence, shall cause to be served on the member a proposal for decision, including findings of fact and conclusions of law, and shall afford the member an opportunity to file exceptions and present written arguments to the chief, who shall personally consider the whole record or such portions thereof as may be cited by the member. Such exceptions and arguments shall be filed with the office of the chief within twenty days of receipt of the proposal for decision. The chief may grant additional time for filing upon good cause shown. In his discretion, the chief may allow oral arguments in support of the exceptions.

History

• Statutory Authority: RCW 43.43.040. WSR 82-22-004 (Order 82-6), § 446-40-110, filed 10/21/82
• Order 4, § 446-40-110, filed 2/27/76
• Order II, § 446-40-110, filed 11/22/74.

Wash. Admin. Code § 446-40-130 Statement of earnings and status.

A member who is in disability retirement status and to whom the provisions of RCW 43.43.040(2) apply shall file with the chief every six months a signed, sworn statement of earnings. In addition, every member in disability retirement status shall file with the chief every six months a signed, sworn statement of his current status of health, any medication or treatment he is undergoing, the nature and description of his employment, if any, and the medical prognosis of his condition.

History

• Order 4, § 446-40-120, (codified as WAC 446-40-130), filed 2/27/76
• Order II, § 446-40-130, filed 11/22/74.

Chapter 446-50 Transportation of hazardous materials.

Wash. Admin. Code § 446-50-010 Authority.

Chapter 46.48 RCW authorizes the Washington state patrol acting by and through its chief after conferring with the emergency management council under RCW 38.52.040 to adopt regulations concerning the safe transportation of hazardous materials, hazardous waste, and radioactive waste materials upon the public highways of this state. Chapter 46.32 RCW permits the inspection of vehicles traveling on the highways of this state.

History

• Statutory Authority: RCW 46.48.170. WSR 13-18-068, § 446-50-010, filed 9/3/13, effective 10/4/13. Statutory Authority: RCW 46.48.190. WSR 81-03-008 (Order 80-2), § 446-50-010, filed 1/8/81
• WSR 80-01-009 (Order 79-4), § 446-50-010, filed 12/11/79.

Wash. Admin. Code § 446-50-020 Purpose.

These rules are intended to protect persons and property from unreasonable risk of harm or damage due to incidents or accidents resulting from the transportation of hazardous materials and hazardous waste and to insure that the vehicle equipment of all carriers of radioactive waste materials are inspected by the Washington state patrol.

History

• Statutory Authority: RCW 46.48.190. WSR 81-03-008 (Order 80-2), § 446-50-020, filed 1/8/81
• WSR 80-01-009 (Order 79-4), § 446-50-020, filed 12/11/79.

Wash. Admin. Code § 446-50-030 Definitions.

(1) Port of entry - Means any place where members of the Washington state patrol or any state official are stationed to check the movement of vehicles into the state of Washington.

(2) Certification inspection - Means an inspection form furnished by the chief of the Washington state patrol for the purpose of defining the proper items of equipment to be inspected.

(3) Radioactive waste materials - Means any material or combination of materials as provided for in Title 49, Code of Federal Regulations, Part 172.101 Hazardous Materials Table.

(4) Hazardous material carrier - Means any vehicle transporting any hazardous material provided for in Title 49, Code of Federal Regulations, Part 172.101 Hazardous Materials Table.

(5) Radioactive waste materials disposal site - Means a location that has been designated by the federal and state government where radioactive waste material can be deposited for the purpose of disposal.

History

• Statutory Authority: RCW 46.48.190. WSR 80-01-009 (Order 79-4), § 446-50-030, filed 12/11/79.

Wash. Admin. Code § 446-50-050 Inspection.

All carriers of radioactive waste materials within the state will submit to a comprehensive safety equipment inspection conducted by members of the Washington state patrol. These equipment inspections must be conducted under the authority of chapter 46.48 RCW.

History

• Statutory Authority: RCW 46.48.170. WSR 13-18-068, § 446-50-050, filed 9/3/13, effective 10/4/13. Statutory Authority: RCW 46.48.190. WSR 80-01-009 (Order 79-4), § 446-50-050, filed 12/11/79.

Wash. Admin. Code § 446-50-060 Inspection forms.

No interstate carrier of radioactive waste material will be allowed to enter any radioactive waste materials disposal site without displaying a certificate of inspection form issued by a member of the Washington state patrol, for that particular load. The chief of the Washington state patrol shall prepare and furnish such certificate of inspection forms and any other forms deemed necessary to assure compliance.

History

• Statutory Authority: RCW 46.48.190. WSR 80-01-009 (Order 79-4), § 446-50-060, filed 12/11/79.

Wash. Admin. Code § 446-50-070 Intrastate quarterly inspection.

Intrastate radioactive waste material carriers will be required to contact the Washington state patrol and submit to an inspection on a quarterly basis. Upon being contacted by the radioactive waste material carriers the Washington state patrol will conduct a thorough equipment inspection of that intrastate carrier at a designated location. Upon completion of the inspection the carrier will be issued an inspection sticker that will be valid for ninety days. A current and valid inspection sticker will be required for entry into the radioactive waste material site.

History

• Statutory Authority: RCW 46.48.190. WSR 80-01-009 (Order 79-4), § 446-50-070, filed 12/11/79.

Wash. Admin. Code § 446-50-080 Transportation requirements.

(1) The Washington state patrol acting by and through the chief of the Washington state patrol after conferring with the emergency management council under RCW 38.52.040 hereby adopts the following parts of Title 49 Code of Federal Regulations, as they exist on October 1, 2020, for motor carriers used in intrastate or interstate commerce in their entirety:

(a) The following sections of part 107 Hazardous materials program procedures:

(i) Subpart F - Registration of cargo tank and cargo tank motor vehicle manufacturers, assemblers, repairers, inspectors, testers, and design certifying engineers; and

(ii) Subpart G - Registration of persons who offer or transport hazardous materials.

(b) Part 170 (Reserved).

(c) Part 171 General information, regulations, and definitions.

(d) Part 172 Hazardous materials table, special provisions, hazardous materials communications, emergency response information and training requirements.

(e) Part 173 Shippers—General requirements for shipments and packaging.

(f) Part 177 Carriage by public highway.

(g) Part 178 Specifications for packagings.

(h) Part 180 Continuing qualification and maintenance of packagings.

(i) Part 189 (Reserved).

(2) Title 49 C.F.R., parts 100 through 199, relates to safety in the transportation of hazardous materials upon the public highways. This regulation is intended to apply only to the transportation of hazardous materials by highway in Washington, to the handling and storage operations incident to such transportation, and to the highway portion of an intermodal shipment of hazardous materials.

(3) Copies of Title 49 C.F.R., parts 100 through 199, now in force are on file at the Washington state patrol headquarters, commercial vehicle enforcement section, Olympia. Copies of the C.F.R. may be purchased through the Superintendent of Documents, United States Government Printing Office, 732 N. Capitol Street N.W., Washington, D.C. 20402.

History

• Statutory Authority: RCW 46.32.020 and 46.48.170. WSR 21-22-087, § 446-50-080, filed 11/2/21, effective 12/3/21. Statutory Authority: RCW 46.48.170. WSR 13-18-068, § 446-50-080, filed 9/3/13, effective 10/4/13. Statutory Authority: RCW 46.48.170 - 46.48.190. WSR 85-20-070 (Order 85-1), § 446-50-080, filed 9/30/85. Statutory Authority: RCW 46.48.170. WSR 84-05-010 (Order 82-3), § 446-50-080, filed 2/7/84
• WSR 83-03-008 (Order 82-3), § 446-50-080, filed 1/11/83
• WSR 82-07-100 (Order 82-2), § 446-50-080, filed 3/24/82. Statutory Authority: RCW 46.48.190. WSR 81-03-008 (Order 80-2), § 446-50-080, filed 1/8/81
• WSR 80-01-009 (Order 79-4), § 446-50-080, filed 12/11/79.

Chapter 446-65 Commercial motor vehicle regulations.

Wash. Admin. Code § 446-65-005 Promulgation.

By authority of RCW 46.32.020, the Washington state patrol hereby adopts the following rules establishing standards for commercial motor vehicles as defined by chapter 46.32 RCW.

History

• Statutory Authority: RCW 46.30.020. WSR 94-08-004, § 446-65-005, filed 3/24/94, effective 4/24/94. Statutory Authority: RCW 46.32.020. WSR 91-06-066 (Order 90-005), § 446-65-005, filed 3/1/91, effective 4/1/91.

Wash. Admin. Code § 446-65-010 Transportation requirements.

WAC 446-65-010

(1) The Washington state patrol hereby adopts the following parts of Title 49 Code of Federal Regulations (C.F.R.), as they exist on April 25, 2026, for motor carriers used in intrastate or interstate commerce in their entirety:

(a) Part 40 Procedures for transportation workplace drug and alcohol testing programs.

(b) Part 325 Compliance with interstate motor carrier noise emission standards.

(c) Part 350 Commercial motor carrier safety assistance program.

(d) Part 355 Compatibility of state laws and regulations affecting interstate motor carrier operations.

(e) Part 365 Rules governing applications for operating authority.

(f) Part 367 Standards for registration with states.

(g) Part 372 Exemptions, commercial zones and terminal areas.

(h) Part 373 Receipts and bills.

(i) Part 376 Lease and interchange of vehicles.

(j) Part 379 Preservation of records.

(k) Part 380 Special training requirements.

(l) Part 381 Waivers, exemptions, and pilot programs.

(m) Part 382 Controlled substances and alcohol use and testing.

(n) Part 383 Compliance with commercial driver's license program.

(o) Part 385 Safety fitness procedures.

(p) Part 387 Minimum levels of financial responsibility for motor carriers.

(q) Part 390 General.

(r) Part 391 Qualification of drivers. Provided that 49 C.F.R. 391 subpart D (Tests), and E (Physical Qualifications and Examinations) do not apply to motor carriers operating vehicles with gross vehicle weight rating between 10,001 lbs. and 26,000 lbs. operating intrastate, and not used to transport hazardous materials in a quantity requiring placarding, and that 49 C.F.R. Sec. 391.11 (b)(1) (minimum age requirement) does not apply to drivers 18 through 20 years of age operating solely in intrastate commerce under these same conditions.

(s) Part 392 Driving of motor vehicles.

(t) Part 393 Parts and accessories necessary for safe operation.

(u) Part 395 Hours of service of drivers: Except if a company has drivers of commercial motor vehicle of any size, hauling logs from the point of production or driving in dump truck operations in intrastate commerce provided that:

(i) The driver must:

(A) Operate within a 100 air-mile radius of the location where the driver reports to work and the driver must return to the work reporting location at the end of each duty tour;

(B) Have at least 10 consecutive hours off duty separating each on-duty period;

(C) Not drive:

• More than 12 hours following at least 10 hours off duty; or

• After the 14th hour after coming on duty on at least five days of any period of seven consecutive days; and

• After the 16th hour after coming on duty on no more than two days of any period of seven consecutive days; and

• After having been on duty for 80 hours in seven consecutive days if the employing motor carrier does not operate commercial motor vehicle every day of the week; or

• After having been on duty for 90 hours in eight consecutive days if the employing motor carrier operates commercial motor vehicle every day of the week; in any period of seven or eight consecutive days may end with the beginning of any off-duty period of 24 or more consecutive hours.

(ii) The motor carrier that employs the driver must maintain and retain for a period of 12 months accurate and true time recordings showing:

(A) The time the driver reports for duty each day;

(B) The total number of hours the driver is on duty each day;

(C) The total number of hours the driver drives each day;

(D) The time the driver is released from duty each day; and

(E) The total time the driver is driving and on duty for the preceding seven days.

(v) Part 396 Inspection, repair, and maintenance.

(w) Part 397 Transportation of hazardous materials; driving and parking rules.

(2) As provided in Part 395, exemption for agricultural transporters, the harvest dates are defined in RCW 46.32.130.

(3) Links to the C.F.R. are available on the Washington state patrol website at www.wsp.wa.gov. Copies of the C.F.R. may also be ordered through the United States Government Printing Office, 732 N. Capitol Street N.W., Washington, D.C. 20401.

History

• Statutory Authority: RCW 46.32.020 and 46.48.170. WSR 26-19-024, s 446-65-010, filed 9/8/26, effective 10/9/26
• WSR 26-12-032, s 446-65-010, filed 5/27/26, effective 6/27/26
• WSR 25-19-049, s 446-65-010, filed 9/10/25, effective 10/11/25
• WSR 23-17-158, § 446-65-010, filed 8/23/23, effective 10/1/23
• WSR 21-22-087, § 446-65-010, filed 11/2/21, effective 12/3/21
• WSR 21-08-002, § 446-65-010, filed 3/24/21, effective 4/24/21
• WSR 18-06-029, § 446-65-010, filed 2/28/18, effective 3/1/18. Statutory Authority: RCW 46.32.020. WSR 13-18-069, § 446-65-010, filed 9/3/13, effective 10/4/13
• WSR 12-03-080, § 446-65-010, filed 1/13/12, effective 2/13/12
• WSR 09-01-016, § 446-65-010, filed 12/5/08, effective 1/5/09
• WSR 06-08-082, § 446-65-010, filed 4/4/06, effective 5/5/06
• WSR 05-20-090, § 446-65-010, filed 10/5/05, effective 11/5/05
• WSR 05-04-002, § 446-65-010, filed 1/19/05, effective 2/19/05. Statutory Authority: RCW 46.48.170. WSR 98-19-043, § 446-65-010, filed 9/11/98, effective 10/12/98. Statutory Authority: RCW 46.33.020. WSR 96-22-035, § 446-65-010, filed 10/31/96, effective 12/1/96. Statutory Authority: RCW 46.32.020. WSR 95-13-080, § 446-65-010, filed 6/20/95, effective 7/21/95
• WSR 94-01-178, § 446-65-010, filed 12/22/93, effective 1/22/94
• WSR 91-06-066 (Order 90-005), § 446-65-010, filed 3/1/91, effective 4/1/91.

Wash. Admin. Code § 446-65-020 Physical qualifications for drivers.

(1) If the medical examiner or physician finds any physical condition listed in Title 49 C.F.R. 391.41 (b)(1) through (13) that is likely to interfere with the driver's ability to operate or control a motor vehicle safely, it shall be the responsibility of the driver to immediately forward a copy of the driver's medical examination to the Department of Licensing, Responsibility Division, Medical Section, P.O. Box 9030, Olympia, WA 98507-9030. Upon receipt of the medical examination, the department of licensing will review and evaluate the driver's physical qualifications to operate the class of motor vehicle the person intends to drive.

(2) The department of licensing shall send a notice of determination to the driver. A department of licensing clearance notification shall be sufficient cause for the medical examiner to issue a medical examiner's certificate.

(3) A failure by the driver to furnish a copy of the medical examination to the department of licensing as required above shall result in no clearance action being taken by the department of licensing.

History

• Statutory Authority: RCW 46.32.020. WSR 09-01-016, § 446-65-020, filed 12/5/08, effective 1/5/09
• WSR 95-13-080, § 446-65-020, filed 6/20/95, effective 7/21/95.

Wash. Admin. Code § 446-65-030 Intrastate high risk and imminent hazard carriers.

(1) Any intrastate motor carrier receiving a proposed unsatisfactory safety rating may be identified as a high risk carrier pursuant to RCW 46.32.080. They may also be identified as high risk through analysis of various data, including but not limited to the following:

(a) Carrier safety management system (CSMS score);

(i) A score of eighty-five or more in the crash, fatigued, or unsafe driving basic and one other behavior analysis and safety improvement categories at or above the "all other" motor carrier threshold.

(ii) Any four or more behavior analysis and safety improvement categories at or above the "all other" motor carrier threshold.

(b) Carrier requires or authorizes any driver or vehicle to operate in violation of an out of service order;

(c) Carrier who consistently refuses to come into compliance with federal and state regulations.

(2) If a motor carrier receives a high risk rating, they must undergo a compliance review by the Washington state patrol to determine compliance. During the compliance review:

(a) If no critical/acute violations are found, the carrier will be listed as satisfactory and be removed from the high risk category.

(b) If critical/acute violations are found, the carrier must:

(i) Schedule a follow-up compliance review with the Washington state patrol.

(A) If violations are found after the first compliance review, the follow-up compliance review must be scheduled within sixty to ninety days.

(B) If violations are found after the second compliance review, a third compliance review must be scheduled within one hundred twenty to one hundred eighty days.

(C) If repeat violations are found during any follow-up compliance review, all funds held in abeyance (suspended) from the previous audit will be reinstated along with any repeat violations/penalties.

(ii) Submit a carrier safety action plan within five days to the Washington state patrol outlining the action they have taken or will take to become compliant. This plan must:

(A) Be submitted on company letterhead.

(B) Be signed by the owner/officer of the company.

(C) Provide all supporting documents to show how the carrier plans to become compliant or has become compliant.

(D) Be reviewed and agreed upon by the Washington state patrol. The Washington state patrol may provide changes and request a carrier revise their safety plan and return it to the carrier for further action.

(iii) If a carrier's intrastate DOT number is inactivated:

(A) The carrier will receive a letter from the Washington state patrol advising them their intrastate DOT number has been inactivated and what steps need to be completed to be considered for reactivation.

(B) The Washington state patrol will notify the department of licensing that they have placed an out of service order on the carrier's intrastate DOT number and all vehicles registered to the carrier.

(C) The carrier will have a follow-up compliance review conducted and submit a carrier safety action plan outlining their plans for compliance.

(D) The Washington state patrol will review the safety plan and a follow-up compliance review will be conducted. If the carrier receives a rating of satisfactory or conditional, then the DOT number will be reinstated.

(iv) If a carrier's intrastate DOT number is reinstated:

(A) The carrier will receive a letter from the Washington state patrol advising them their DOT number will be reinstated.

(B) The carrier will need to update their information on a MCS150 form located on the Federal Motor Carrier Safety Administration (FMCSA) website.

(C) Motor Carrier Management Information System (MCMIS) will be updated to show the intrastate DOT is active.

(3) An intrastate motor carrier may be deemed an imminent hazard pursuant to RCW 46.32.080 (3)(e) and placed out of service without going through any prior compliance reviews. In determining whether a motor carrier is an imminent hazard or danger to the public health, safety, or welfare, the chief of the Washington state patrol or their designee must consider safety factors. A safety factor which constitutes an imminent hazard includes any safety problem or condition which is likely to result in serious injury or death if not discontinued immediately.

(4) If a carrier is required to have a DOT number, they will be required to properly mark their vehicles as prescribed by the Washington state patrol. The marking must display the following:

(a) The legal name or a single trade name of the motor carrier as listed on the MCS150 form.

(b) The motor carrier identification number issued by the FMCSA, preceded by the letter "USDOT."

(i) Size, shape, location, and color of markings:

(A) Appear on both sides of the CMV;

(B) Be in letters that contrast sharply in color with the background on which the letters are placed;

(C) Be readily legible, during daylight hours, from a distance of fifty feet while the CMV is stationary; and

(D) Be kept and maintained in a manner that retains the legibility.

(ii) Construction and durability:

(A) The marking may be painted on the CMV; or

(B) May consist of a removable device.

History

• Statutory Authority: RCW 46.32.020. WSR 13-18-069, § 446-65-030, filed 9/3/13, effective 10/4/13
• WSR 09-01-016, § 446-65-030, filed 12/5/08, effective 1/5/09.

Wash. Admin. Code § 446-65-040 Compliance review hearing process.

(1) A carrier that receives a written notice of penalty from the state patrol has twenty business days from receipt of notice to:

(a) Pay the penalty as stated in the notice; or

(b) Submit a written application for mitigation of the penalty; or

(c) Submit a written request for an administrative hearing.

(2) Mitigation. A carrier may submit a request for mitigation of a penalty, except as provided in RCW 46.32.100.

(a) A carrier's request for mitigation must:

(i) Be in writing;

(ii) Contain a statement explaining what the steps the carrier has taken to come into compliance, or what steps the carrier proposes to take in the future to come into compliance;

(iii) Contain a notarized signature of the requestor; and

(iv) Be received by the state patrol within twenty business days of the receipt of notice.

(b) Upon timely receipt of a written request for mitigation of a penalty, the state patrol will:

(i) Review the materials submitted by the requestor; and

(ii) Notify the carrier in writing of the disposition of the request for mitigation.

(3) Administrative hearing. A carrier may request an administrative hearing to contest the violation or penalty, or both.

(a) A carrier's request for an administrative hearing must:

(i) Be in writing; and

(ii) Be received by the state patrol within twenty business days after receipt of the notice of penalty or receipt of the disposition of a request for mitigation.

(b) A carrier may request an administrative hearing without first requesting mitigation of the penalty.

(c) An administrative hearing will be conducted under chapter 34.05 RCW (Washington Administrative Procedure Act).

(d) The following process applies to administrative hearings under this chapter:

(i) The state patrol will notify the assistant attorney general of the carrier's request for an administrative hearing.

(ii) The assistant attorney general will draft an administrative complaint and send it to the carrier and to the office of administrative hearings.

(iii) The office of administrative hearings will schedule a hearing date, and will notify the carrier, assistant attorney general, and patrol in writing of the hearing date, time, and location.

(iv) The hearing will be conducted by an administrative law judge assigned by the office of administrative hearings.

(v) At the hearing, the assistant attorney general will present witnesses and other evidence on behalf of the WSP.

(vi) At the hearing, the carrier may be represented by an attorney or may choose to represent himself or herself. The carrier or his/her attorney will be allowed to present witnesses and other evidence.

(e) Nothing in this section will prevent the parties from resolving the administrative matter by settlement agreement prior to conclusion of the administrative hearing.

(4) Initial and final order. At the conclusion of the hearing, the administrative law judge will prepare an initial order and send it to the carrier and the assistant attorney general.

(a) Either the carrier or the assistant attorney general, or both, may file a petition for review of the initial order with the patrol within twenty days of the date of service of the initial order. A petition for review must:

(i) Specify the portions of the initial order to which exception is taken;

(ii) Refer to the evidence of record which is relied upon to support the petition; and

(iii) Be filed with the patrol within twenty days of the date of service of the initial order.

(b) A party on whom a petition for review has been served may, within ten days of the date of service, file a reply to the petition. Copies of the reply must be mailed to all other parties or their representatives at the time the reply is filed.

(c) The administrative record, the initial order, and any exceptions filed by the parties will be submitted to the chief or his/her designee for review. Following this review, the chief or his/her designee will enter a final order that is appealable under the provisions of chapter 34.05 RCW.

History

• Statutory Authority: RCW 46.30.020 and Title 49 Code of Federal Regulations (C.F.R.). WSR 10-01-129, § 446-65-040, filed 12/21/09, effective 1/21/10.

Chapter 446-70 Affirmative action.

Wash. Admin. Code § 446-70-005 Affirmative action rules.

For the purpose of RCW 43.43.340 the Washington state patrol hereby adopts the rules contained in chapter 357-25 WAC.

History

• Statutory Authority: RCW 43.43.340. WSR 15-22-079, § 446-70-005, filed 11/3/15, effective 12/4/15.

Chapter 446-75 DNA identification.

Wash. Admin. Code § 446-75-010 Definitions.

(1) "Applicant" means a person requesting the patrol to expunge his or her DNA record retained in the patrol's DNA identification system.

(2) "Biological sample" means a buccal swab (a swabbing of the inside of the mouth between the cheek and gum) using a buccal swab collection kit provided by the patrol. When a buccal swab cannot be obtained from the convicted offender, a bloodstain collected by a finger stick may be taken from the convicted offender as a biological sample under this chapter.

(3) "DNA" means deoxyribonucleic acid.

(4) "DNA identification" means a DNA profile developed from cells of the human body that identifies a person.

(5) "DNA record" means the convicted offender's DNA profile, the originating agency identifier, the specimen identification number, and the identification of the patrol's personnel associated with the DNA profile analysis.

(6) "Convicted offender" means a person who is required to submit a biological sample pursuant to RCW 43.43.754.

(7) "DNA identification system" means a database containing the DNA records from individuals convicted of felony offenses and other crimes as specified in RCW 43.43.754.

(8) "Patrol" means the chief of the Washington state patrol or his or her designee.

History

• Statutory Authority: RCW 43.43.759. WSR 14-17-108, § 446-75-010, filed 8/19/14, effective 9/19/14
• WSR 03-08-053, § 446-75-010, filed 3/28/03, effective 4/28/03
• WSR 91-11-046, § 446-75-010, filed 5/14/91, effective 6/14/91.

Wash. Admin. Code § 446-75-020 Purpose.

The purpose of this chapter is to provide procedures for the operation of DNA identification systems as required by RCW 43.43.752 through 43.43.758, identify appropriate sources and collection methods for biological samples needed for purposes of DNA identification analysis, and prohibit the use of DNA identification data obtained pursuant to this chapter for any research or other purpose that is not related to a criminal investigation, to the identification of human remains or to missing persons or to improve the operation of the DNA identification system.

History

• Statutory Authority: RCW 43.43.759. WSR 14-17-108, § 446-75-020, filed 8/19/14, effective 9/19/14
• WSR 03-08-053, § 446-75-020, filed 3/28/03, effective 4/28/03
• WSR 91-11-046, § 446-75-020, filed 5/14/91, effective 6/14/91.

Wash. Admin. Code § 446-75-030 Purposes of DNA identification.

DNA identification systems as authorized by chapter 43.43 RCW will be used only for three purposes:

(1) Identification of possible suspects in criminal investigations;

(2) Retention of convicted offender DNA identification as required by RCW 43.43.754; and

(3) Identification of human remains or missing persons. Nothing in this section prohibits the submission of results derived from the biological samples to the Federal Bureau of Investigation combined DNA index system.

History

• Statutory Authority: RCW 43.43.759. WSR 14-17-108, § 446-75-030, filed 8/19/14, effective 9/19/14
• WSR 03-08-053, § 446-75-030, filed 3/28/03, effective 4/28/03
• WSR 91-11-046, § 446-75-030, filed 5/14/91, effective 6/14/91.

Wash. Admin. Code § 446-75-040 DNA identification system established.

The DNA identification system established by the patrol must be compatible with the method(s) used by the Federal Bureau of Investigation. DNA identification systems established by local law enforcement agencies must be compatible with the patrol's DNA identification system.

History

• Statutory Authority: RCW 43.43.759. WSR 14-17-108, § 446-75-040, filed 8/19/14, effective 9/19/14
• WSR 91-11-046, § 446-75-040, filed 5/14/91, effective 6/14/91.

Wash. Admin. Code § 446-75-050 DNA identification system analytical procedures.

Law enforcement agencies establishing a DNA identification system must maintain written analytical procedures necessary to complete the analyses. A copy of the analytical procedures must be submitted to the patrol to ensure compatibility with the patrol's DNA identification system. Before the law enforcement agency implements a DNA identification system, the patrol must approve that agency's analytical procedures. The patrol will use Federal Bureau of Investigation's standards for DNA identification to approve or deny the law enforcement agency's analytical procedures. If the patrol denies the law enforcement agency's analytical procedures, the agency may not implement the DNA identification system. The law enforcement agency may appeal the patrol's denial in accordance with the provisions of the Administrative Procedure Act (chapter 34.05 RCW).

History

• Statutory Authority: RCW 43.43.759. WSR 14-17-108, § 446-75-050, filed 8/19/14, effective 9/19/14
• WSR 91-11-046, § 446-75-050, filed 5/14/91, effective 6/14/91.

Wash. Admin. Code § 446-75-060 Collection of biological sample for the DNA identification system—Procedures—Time frame.

(1) The collection, preservation, and shipment of biological samples obtained from convicted offenders pursuant to RCW 43.43.754 for the patrol's DNA identification system must be in conformance with protocols established by the patrol. Copies of the current protocol may be obtained from the Washington State Patrol CODIS Laboratory by emailing the request to confel@wsp.wa.gov or at 2203 Airport Way S., Suite 250, Seattle, WA 98134.

(2) The DNA profile resulting from the convicted offender's biological sample will be entered into the patrol's DNA identification system. The patrol will retain the convicted offender's DNA record in its DNA identification system until expungement pursuant to WAC 446-75-070 or the patrol determines that the DNA record no longer qualifies to be retained in the DNA identification system.

History

• Statutory Authority: RCW 43.43.759. WSR 20-22-106, § 446-75-060, filed 11/4/20, effective 12/5/20
• WSR 14-17-108, § 446-75-060, filed 8/19/14, effective 9/19/14
• WSR 03-08-053, § 446-75-060, filed 3/28/03, effective 4/28/03
• WSR 91-11-046, § 446-75-060, filed 5/14/91, effective 6/14/91.

Wash. Admin. Code § 446-75-070 Expungement of DNA data.

An applicant may request the patrol to expunge his or her DNA record from the patrol's DNA identification system. The request must comply with this subsection and be mailed or delivered to the Washington State Patrol Crime Laboratory Division Headquarters, 2203 Airport Way S., Suite 250, Seattle, WA 98134.

(1) An applicant's expungement request must:

(a) Be in writing and include the applicant's printed name, signature, address, and thumbprints; and

(b) Include certified copies of final court orders vacating a conviction that required the applicant to submit a biological sample under RCW 43.43.754. The order vacating the conviction must be based on a reversal of the conviction. The patrol will not expunge a sample based on a dismissal entered after a period of probation, suspension, or deferral of sentence.

(2) The patrol may require the applicant to provide additional information that is necessary to determine or verify that the applicant qualifies for expungement.

(3) After the patrol determines that the applicant qualifies for expungement, the patrol will:

(a) Destroy the applicant's biological sample and expunge the DNA record from the patrol's DNA identification system unless the patrol determines that the applicant is required to submit a DNA sample pursuant to RCW 43.43.754.

(b) Remove the applicant's identifying information from the laboratory's case management system.

(4) The patrol is not required to destroy an item of physical evidence obtained from a sample if documentation relating to another person would thereby be destroyed.

(5) Any identification, warrant, probable cause to arrest, or arrest based upon a match from the DNA identification system is not invalidated due to a failure to expunge or a delay in expunging records.

History

• Statutory Authority: RCW 43.43.759. WSR 14-17-108, § 446-75-070, filed 8/19/14, effective 9/19/14
• WSR 03-08-053, § 446-75-070, filed 3/28/03, effective 4/28/03
• WSR 91-11-046, § 446-75-070, filed 5/14/91, effective 6/14/91.

Wash. Admin. Code § 446-75-080 DNA identification data—Prohibitions.

The use of any data obtained from DNA identification procedures conducted pursuant to this chapter is prohibited for any research or other purpose not related to a criminal investigation, to identification of human remains or missing persons, or to improving the operation of the DNA identification system established by the patrol and authorized by RCW 43.43.752 through 43.43.759.

History

• Statutory Authority: RCW 43.43.759. WSR 14-17-108, § 446-75-080, filed 8/19/14, effective 9/19/14
• WSR 03-08-053, § 446-75-080, filed 3/28/03, effective 4/28/03
• WSR 91-11-046, § 446-75-080, filed 5/14/91, effective 6/14/91.

Chapter 446-80 Exemption to weighing requirement.

Wash. Admin. Code § 446-80-005 Promulgation.

By authority of RCW 46.44.105(11), the Washington state patrol hereby adopts the following rules establishing standards for size, weight, and load enforcement activities authorized in chapter 46.44 RCW.

History

• Statutory Authority: RCW 46.44.105. WSR 15-16-127, § 446-80-005, filed 8/5/15, effective 9/5/15. Statutory Authority: RCW 46.44.105(2). WSR 93-18-043, § 446-80-005, filed 8/27/93, effective 9/27/93.

Wash. Admin. Code § 446-80-010 Stopping at scales exemption.

The requirement to stop at a weighing facility when traffic control signs indicate the weighing facility is open does not apply to unladen trucks towing or carrying a pole trailer, as defined in RCW 46.04.414, whose design and use is for transporting logs, except at the following weighing facilities:

History

• Statutory Authority: RCW 46.44.105. WSR 15-16-127, § 446-80-010, filed 8/5/15, effective 9/5/15. Statutory Authority: RCW 46.44.105(2). WSR 93-18-043, § 446-80-010, filed 8/27/93, effective 9/27/93.

Chapter 446-85 Accident-reporting threshold.

Wash. Admin. Code § 446-85-005 Promulgation.

By authority of RCW 46.52.030(5), the chief of the Washington state patrol hereby establishes the following rule for the accident-reporting threshold based on the inflationary index as recommended by the office of financial management.

History

• Statutory Authority: RCW 46.52.030. WSR 00-10-092, § 446-85-005, filed 5/2/00, effective 5/3/00.

Wash. Admin. Code § 446-85-010 Accident-reporting threshold.

Beginning January 1, 2015, the accident-reporting threshold for property damage accidents will be one thousand dollars.

History

• Statutory Authority: RCW 46.52.030. WSR 14-24-117, § 446-85-010, filed 12/3/14, effective 1/3/15
• WSR 00-10-092, § 446-85-010, filed 5/2/00, effective 5/3/00.

Chapter 446-90 Emergency telecommunications database.

Wash. Admin. Code § 446-90-010 Wireless telecommunication provider emergency contact information.

(1) For the purpose of RCW 80.36.XXX (section 1, chapter 190, Laws of 2015) the following definitions will apply:

(a) "Emergency contact information" means a phone number at which an employee of a wireless telecommunications provider registered to do business in the state of Washington or a reseller of wireless telecommunications services is available twenty-four hours a day, seven days a week to provide information in its possession concerning the current or most recent location of a telecommunications device and call information of a user of the device when requested by law enforcement.

(b) "Immediately" means that updates must be provided to the Washington state patrol district 1 communications (Tacoma) within one hour of any contact information change.

(2) Emergency contact information required under RCW 80.36.XXX (section 1, chapter 190, Laws of 2015) must be provided to the Washington state patrol via email to: g-d-d1commsupervisors@wsp.wa.gov.

History

• Statutory Authority: 2015 c 190 § 1. WSR 15-19-104, § 446-90-010, filed 9/18/15, effective 10/19/15.

Wash. Admin. Code § 446-90-020 Address confidentiality program name information.

The secretary of state will provide an updated PDF format list of names to the Washington state patrol on a daily basis, during normal office hours. The list will distinguish between those participants requesting disclosure and those who request nondisclosure to a law enforcement agency of the location of a telecommunications device and call information of the user as prescribed in RCW 40.24.070 by the addition of one column which will indicate a Y for disclosure or an N for nondisclosure.

History

• Statutory Authority: 2015 c 190 § 1. WSR 15-19-104, § 446-90-020, filed 9/18/15, effective 10/19/15.

Chapter 446-95 Statewide sexual assault kit tracking system.

Wash. Admin. Code § 446-95-010 Authority and purpose.

(1) RCW 43.43.545 requires the Washington state patrol to create and operate a statewide sexual assault kit tracking system. The authority the legislature gave to the Washington state patrol to implement a tracking system requires adoption of rules establishing a uniform sexual assault kit to allow successful implementation of the sexual assault kit tracking initiative.

(2) The purposes of these rules are to:

(a) Implement the intent and purpose of RCW 43.43.545 and 43.43.546 to track the location and status of sexual assault kits throughout the criminal justice process, including the initial collection and possible storage at medical facilities, receipt and storage at law enforcement agencies, receipt and analysis at forensic laboratories, and possible destruction.

(b) Establish standards and procedures to track the location and status of sexual assault kits throughout the criminal justice process.

(3) These rules are necessary to:

(a) Ensure all sexual assault kits used within the state of Washington are standardized for tracking in the sexual assault kit tracking system;

(b) Allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, the Washington state patrol forensic laboratory services bureau, and other entities having custody of sexual assault kits to update the status and location of sexual assault kits; and

(c) Allow survivors of sexual assault to anonymously track or receive updates regarding the status and location of their sexual assault kits.

(4) These rules apply to all entities participating in the sexual assault kit tracking system established by the Washington state patrol. Pursuant to RCW 35.21.195, 36.27.020, 36.28.200, 43.43.546, and 70.41.365, those entities include, but are not limited to:

(a) Hospitals licensed under chapter 70.41 RCW performing sexual assault forensic examinations in the state of Washington;

(b) Washington state patrol forensic laboratory services bureau;

(c) All commissioned city, county, and state law enforcement officers; and

(d) Prosecuting attorneys.

(5) The sexual assault kit tracking system is not intended to replace or alter existing chain of custody systems, processes, procedures, rules, regulations, or legal requirements of any participating entity.

(6) This rule is not intended to provide grounds to challenge the admissibility of DNA evidence in court proceedings. Nothing in this section is intended to create a private right of action or claim on the part of any individual, entity, or agency against commissioned city, county, and state law enforcement agencies.

History

• Statutory Authority: RCW 43.17.060. WSR 18-10-089, § 446-95-010, filed 5/1/18, effective 6/1/18.

Wash. Admin. Code § 446-95-020 Definitions.

As used in this chapter, unless the context requires otherwise, the term:

(1) "Hospital" means any institution, place, building, or agency licensed under chapter 70.41 RCW;

(2) "Sexual assault kit" or "SAK" means a standardized box containing items for collecting and storing forensic evidence;

(3) "Washington sexual assault kit" or "WSAK" means a standardized SAK distributed by the approved vendor including a unique identifier, containing items for collecting and storing forensic evidence; with unique login information to be provided to the survivor allowing tracking of the WSAK;

(4) "Sexual assault kit tracking system" or "tracking system" means a secure system accessible via the internet intended for the purposes of tracking all Washington sexual assault kits, regardless of when they were collected;

(5) "Survivor" or "victim" means any person who suffers physical, emotional, financial, and/or psychological impact as a proximate result of a sexual assault;

(6) "Sexual assault" has the same meaning as in RCW 70.125.030;

(7) "Unique identifier" means a numeric or alphanumeric string that is associated with a single entity within a given system (i.e., barcode).

History

• Statutory Authority: RCW 43.17.060. WSR 18-10-089, § 446-95-020, filed 5/1/18, effective 6/1/18.

Wash. Admin. Code § 446-95-030 Washington sexual assault kits.

(1) The Washington state patrol shall ensure that the standards for the WSAK are consistent with the standards or guidelines established by a committee which may include representatives from medical specialists, sexual assault nurse examiners, attorneys, forensic scientists, and law enforcement personnel in Washington state. The Washington state department of enterprise services may establish a master contract for the supply of WSAKs that meet these standards or guidelines.

(2) WSAKs procured by hospitals or other entities shall be ordered from and payment provided to the approved contracted vendor.

(3) Each WSAK shall bear a Washington sexual assault kit tracking system unique identifier.

(4) Each WSAK shall contain the information needed for a survivor to track the location of their WSAK using the tracking system.

History

• Statutory Authority: RCW 43.17.060. WSR 18-10-089, § 446-95-030, filed 5/1/18, effective 6/1/18.

Wash. Admin. Code § 446-95-040 Survivor tracking of their Washington sexual assault kit.

(1) The tracking system shall allow survivors of sexual assault to anonymously track or receive updates regarding the status and location of their sexual assault kits.

(2) Survivors shall be given unique login information to access the status and location of their WSAK at the discretion of the appropriate hospital, medical facility, or law enforcement agency personnel.

(3) Destruction of a WSAK shall be documented in the system.

History

• Statutory Authority: RCW 43.17.060. WSR 18-10-089, § 446-95-040, filed 5/1/18, effective 6/1/18.

Wash. Admin. Code § 446-95-050 Receipt and processing of sexual assault kits.

(1) The approved vendor will distribute WSAKs with a unique identifier. The WSAK is entered by the vendor using the tracking system prior to shipment. Upon delivery, the WSAKs are entered using the tracking system as acknowledgment of receipt.

(2) The WSAK becomes trackable by the survivor when the unique identifier is entered to document that a forensic medical examination has taken place.

(3) The tracking system is not intended to replace existing processes and procedures established regarding the collection of evidence, or delay in any way the care of the survivor or law enforcement notification.

History

• Statutory Authority: RCW 43.17.060. WSR 18-10-089, § 446-95-050, filed 5/1/18, effective 6/1/18.

Wash. Admin. Code § 446-95-060 Updates and tracking of sexual assault kits.

(1) The use of the tracking system or a WSAK should not alter the existing procedures, rules, regulations, or legal requirements for hospitals and law enforcement agencies.

(2) The tracking system is not intended to provide "real-time" location data. There are circumstances (such as shipping times) that might create delays in location status being reported. Kits are entered into the tracking system upon arrival at their intended destination. WSAKs are not recorded as they leave a destination.

(3) To ensure proper tracking of the WSAK, the affixed unique identifier must be readable. The WSAK should be packaged separately from other evidence, and without secondary packaging.

(4) Tracking begins when a WSAK or SAK is initially entered in the tracking system.

(a) Sexual assault kits not bearing a tracking system unique identifier, located at hospitals and law enforcement agencies, shall be provided a unique identifier. This shall be affixed to the SAK and entered for use by the tracking system.

(b) The tracking system will not provide historical data for existing SAKs prior to the initial entry.

(5) Subsequent transfers/changes in location will be documented by the tracking system.

History

• Statutory Authority: RCW 43.17.060. WSR 18-10-089, § 446-95-060, filed 5/1/18, effective 6/1/18.

Chapter 446-100 Bump-fire stock buyback program.

Wash. Admin. Code § 446-100-010 Authority.

The Washington state patrol will establish and administer a bump-fire stock buyback program in accordance with chapter 43.43 RCW.

History

• Statutory Authority: Chapter 43.43 RCW. WSR 18-18-023, § 446-100-010, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 446-100-015 Definitions.

For the purpose of these rules, the following words and phrases will have the following meanings:

"Bump-fire stock" means a butt stock designed to be attached to a semiautomatic firearm with the effect of increasing the rate of fire achievable with the semiautomatic firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate reciprocating action that facilitates repeated activation of the trigger.

History

• Statutory Authority: Chapter 43.43 RCW. WSR 18-18-023, § 446-100-015, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 446-100-020 Procedures.

The buyback program in which the Washington state patrol will pay one hundred fifty dollars to any Washington state resident, excluding gun dealers, who present a bump-fire stock that are in working condition, can be brought to a specified location.

(1) The Washington state patrol will hold events at its facilities throughout the state. These events will be announced on social media and the Washington state patrol web page at www.wsp.wa.gov.

(2) An individual must bring the bump-fire stock as defined in WAC 446-100-015 along with a valid driver's license or any other identification to a scheduled event.

(a) An individual must complete a voucher form provided by the Washington state patrol, with the individual's name and a valid mailing address for payment.

(b) The Washington state patrol will destroy the bump-fire stock and process the voucher form for payment.

(c) The Washington state patrol will issue a check and mail to the name and address on the voucher form.

History

• Statutory Authority: Chapter 43.43 RCW. WSR 18-18-023, § 446-100-020, filed 8/27/18, effective 9/27/18.

Chapter 446-105 Work zone speed safety camera program.

Wash. Admin. Code § 446-105-010 Application of this chapter.

This chapter applies to all adjudicative proceedings under the jurisdiction of the Washington state patrol for state highway work zone speed safety camera system infractions issued under RCW 46.63.200.

History

• Statutory Authority: RCW 46.63.200. WSR 25-03-026, s 446-105-010, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-020 Adoption of model rules of procedure.

Except as they may be inconsistent with RCW 46.63.075, 46.63.200, or the rules in this chapter, the Washington state patrol adopts the model rules of procedure as set forth in chapter 10-08 WAC. Where the rules of this chapter conflict with those of chapter 10-08 WAC, the rules of this chapter govern.

History

• Statutory Authority: RCW 46.63.200. WSR 25-03-026, s 446-105-020, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-030 Definitions.

The following definitions shall apply throughout this chapter.

(1) "DOL" means the Washington state department of licensing.

(2) "Hearing packet" means the documentary evidence that will be transmitted by the WSDOT to the OAH for each administrative hearing, including, but not limited to:

(a) The notice of infraction;

(b) The vehicle license plate images associated with the notice of infraction;

(c) The radar/lidar calibration certificate;

(d) The vehicle registration information;

(e) The petitioner's hearing request;

(f) Documents establishing worker presence; and

(g) The work zone speed safety camera deployment log.

(3) "Notice of infraction" means the document issued under RCW 46.63.030 and 46.63.200 notifying the registered owner of a work zone speed safety camera system violation.

(4) "OAH" means the Washington state office of administrative hearings.

(5) "Patrol" means the Washington state patrol.

(6) "Penalty" means the penalty assessed for a work zone speed safety camera system violation, as described in RCW 46.63.200(5).

(7) "Petitioner" means a person or business cited for a work zone speed safety camera system violation who requests a hearing in response to a notice of infraction.

(8) "WSDOT" means the Washington state department of transportation or its work zone speed safety camera system vendor.

History

• Statutory Authority: RCW 46.63.200. WSR 25-03-026, s 446-105-030, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-040 Brief adjudicative proceedings.

WAC 446-105-040

(1) Adoption of brief adjudicative proceedings. Under RCW 34.05.410 (1)(a), and except as provided in subsection (2) of this section, the patrol hereby adopts the use of brief adjudicative proceedings for the following matters:

(a) Mitigation hearings in which the petitioner has admitted to the violation, under WAC 446-105-130;

(b) Payment plan hearings in which the petitioner has admitted to the violation, under WAC 446-105-140; and

(c) Contested hearings in which the only issue being raised is a denial of responsibility under RCW 46.63.075.

(2) Infractions sent to businesses, including rental car companies, shall not be considered matters appropriate for brief adjudicative proceedings.

(3) Conversion to a formal adjudicative proceeding. The administrative law judge may, in their sole discretion, convert a brief adjudicative proceeding to a formal adjudicative proceeding whenever it appears that a brief adjudicative proceeding is insufficient to resolve the case.

(a) When a brief adjudicative proceeding is converted to a formal adjudicative proceeding, the OAH shall issue a new notice of hearing for a date not less than 15 calendar days from the date of the notice; and

(b) The OAH shall serve the petitioner and the patrol with the new notice of hearing.

(4) Procedure for brief adjudicative proceedings. The following procedure applies to brief adjudicative proceedings:

(a) An administrative law judge with the OAH will conduct the brief adjudicative proceeding.

(b) Not less than 14 calendar days before the date of the hearing, the OAH shall serve notice on the petitioner that a brief adjudicative proceeding will occur. The notice of hearing will contain the following:

(i) The date of the brief adjudicative proceeding;

(ii) Notice that the petitioner may submit additional relevant documentary evidence and sworn statements, if desired, along with a date by which these submissions must be made and instructions for doing so;

(iii) Notice that the administrative law judge's decision will be based on the written materials unless, within 10 calendar days of receiving the notice of hearing, the petitioner requests in writing to appear telephonically to submit sworn oral testimony.

(c) The administrative law judge, in their sole discretion, may send a written request for additional evidence to the petitioner or the patrol. The request will contain instructions for how to submit the additional evidence and the date by which additional evidence must be submitted.

(d) The administrative law judge's review will be limited to the record identified in subsection (5) of this section.

(e) If the petitioner has submitted a written request to appear telephonically, the administrative law judge will entertain oral testimony from the petitioner at a time and place designated by the administrative law judge.

(f) No witnesses, other than the petitioner, may offer oral testimony.

(g) Formal discovery, including depositions and interrogatories, is not allowed.

(h) The administrative law judge will issue an initial order within 15 calendar days of the date for final submission of written materials or oral testimony, if any.

(5) Record for brief adjudicative proceedings. The record for brief adjudicative proceedings will consist of the following:

(a) The hearing packet;

(b) Any additional records, sworn declarations, or oral testimony submitted by the petitioner; and

(c) Any additional evidence submitted by the parties at the written request of the administrative law judge.

(6) Effectiveness of orders on brief adjudicative proceedings. Initial orders on brief adjudicative proceedings shall become final 21 calendar days after mailing of the initial order unless the petitioner or the patrol files a written petition for review.

(a) A petition for review of the initial order must have resulted in a decision against the petitioning party.

(b) The petition must:

(i) Be filed with the OAH in accordance with WAC 10-08-110 within 21 calendar days of mailing of the initial order; and

(ii) Contain a concise statement of the issue(s) to be reviewed.

(c) The reviewing officer will be an administrative law judge with the OAH.

(d) Review is limited to the evidence and arguments included in the hearing record, as well as any arguments in the petition. Additional evidence will not be considered unless the administrative law judge expressly reopens the record after notifying the parties of the intention to do so.

(e) The reviewing officer will issue a written final order which must include a brief statement of the reason(s) for the decision, and must be entered within 20 calendar days after the petition for review is filed with the OAH.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-040, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-040, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-050 Formal adjudicative proceedings.

The OAH will conduct formal adjudicative proceedings for all work zone speed safety camera system infraction hearings other than those identified in WAC 446-105-040(1). At the conclusion of a formal adjudicative proceeding, the administrative law judge shall enter a final order.

History

• Statutory Authority: RCW 46.63.200. WSR 25-03-026, s 446-105-050, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-060 What information must be included on a notice of infraction?

WAC 446-105-060

The notice of infraction shall include the following:

(1) A statement that the notice represents a determination that the infraction has been committed by the person or business named in the notice, and that the determination shall be final unless contested as provided in RCW 46.63.200 and this chapter;

(2) A statement that the infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction, and that the infraction may result in nonrenewal of the vehicle registration if any monetary penalty is not timely paid;

(3) A statement of the amount of the monetary penalty, including any applicable increased penalty for second and subsequent infractions;

(4) A statement of the options provided in this chapter for responding to the notice of infraction and the procedures necessary to exercise these options;

(5) A statement that, at any hearing to contest the determination, the patrol has the burden of proving, by a preponderance of the evidence, that the infraction was committed;

(6) A statement that, at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction or for requesting a payment plan only, the person or business will be deemed to have committed the infraction;

(7) A statement that the person or business must respond to the notice of infraction within 30 days of receipt; and

(8) A statement that failure to appear at a hearing requested for the purpose of contesting the infraction, explaining mitigating circumstances, or seeking a payment plan may result in the registered owner being reported to a collection agency for collection of the unpaid monetary penalty plus fees associated with the cost of collection, or in refusal of the DOL to renew the vehicle registration if any penalties imposed under RCW 46.63.200 or this chapter have not been satisfied.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-060, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-060, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-070 Are any vehicles exempt from work zone speed safety camera system infractions?

WAC 446-105-070

The following vehicles are exempt from receiving an infraction for a work zone speed safety camera system violation:

(1) Any vehicle registered to a fire department;

(2) Any vehicle registered to a general authority law enforcement agency for use by a general authority Washington peace officer, as defined in RCW 10.93.020;

(3) Any vehicle registered to a sovereign tribal government for use by a tribal police officer, as defined in RCW 10.92.010;

(4) Any vehicle registered to a federal law enforcement agency for use by a federal peace officer, as defined in RCW 10.93.020;

(5) Any aid vehicle registered to an aid service, as defined in RCW 18.73.030, equipped with emergency lights and sirens;

(6) Any ambulance registered to a public or private ambulance service, as defined in RCW 18.73.030, equipped with emergency lights and sirens;

(7) Any organ transplant vehicle registered to an organ transplant service, as defined in RCW 18.73.030, equipped with emergency lights and sirens; and

(8) Any vehicle with valid diplomatic license plates.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-070, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-070, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-080 What can I do if I received a work zone speed safety camera system infraction but my vehicle is exempt under WAC 446-105-070?

Any person or business who receives a work zone speed safety camera system infraction for a vehicle that is exempt under WAC 446-105-070, may request a contested hearing to challenge the infraction.

(1) At the contested hearing, the person or business may be required to submit documentary proof that the vehicle meets the requirements for any of the exemptions listed in WAC 446-105-070.

(2) If the recipient of a notice of infraction fails to contest the infraction, the recipient will be liable for any penalty amount.

History

• Statutory Authority: RCW 46.63.200. WSR 25-03-026, s 446-105-080, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-090 How long do I have to request a hearing or pay a penalty?

Any person or business that receives a notice of infraction must remit payment for any penalty or request a hearing within 30 calendar days of receiving the notice of infraction. For purposes of determining the date of receipt, a notice of infraction shall be deemed received upon the third day following the day upon which the notice of infraction is placed in the mail, unless the third day falls on a Saturday, Sunday, or legal holiday, in which event the notice of infraction shall be deemed received on the first day other than a Saturday, Sunday, or legal holiday, following the third day.

History

• Statutory Authority: RCW 46.63.200. WSR 25-03-026, s 446-105-090, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-110 What can I do if I receive a notice of infraction?

WAC 446-105-110

Any person or business that receives a notice of infraction may:

(1) Admit the violation and pay the penalty;

(2) Admit the violation and request a hearing to mitigate the penalty and/or to establish a payment plan; or

(3) Request a hearing to contest the infraction.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-110, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-110, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-120 How can I pay a work zone speed safety camera system infraction penalty?

WAC 446-105-120

(1) Work zone speed safety camera infraction penalties may be paid by credit/debit card, check, or money order.

(2) Payments may be made:

(a) By mail to the following address: WSDOT-Work Zone Speed Safety Camera, P.O. Box 9832, Vancouver, WA 98666-8807;

(b) By telephone, as described on the instructions contained in the notice of infraction; and

(c) Online at www.waworkzonespeedcameras.gov.

(3) All payments must be made in full, unless a payment plan has been approved under WAC 446-105-140.

(a) Partial payments will not be accepted.

(b) If a payment plan has not been approved and a partial payment is received by mail, the payment will be returned to the sender.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-120, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-120, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-130 What is a hearing to mitigate the penalty and who can request one?

WAC 446-105-130

(1) The purpose of a mitigation hearing is to allow the petitioner, after admitting the violation, to offer evidence to explain why they believe the monetary penalty should be reduced.

(2) Any person or business who receives a work zone speed safety camera system notice of infraction with a monetary penalty may request a mitigation hearing after admitting to the violation.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-130, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-130, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-140 Who can request a hearing to establish a payment plan?

WAC 446-105-140

(1) Any person who receives a work zone speed safety camera system notice of infraction with a monetary penalty may admit the violation and request a hearing to establish a payment plan.

(2) If a person or business requests a contested hearing and liability is established at a hearing, the petitioner may still seek a payment plan at any time.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-140, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-140, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-150 Who can request a hearing to contest an infraction and what issues will be addressed at the hearing?

WAC 446-105-150

(1) Any person or business who receives a work zone speed safety camera system notice of infraction may request a hearing to contest the infraction.

(2) At the time a contested hearing is requested, the petitioner will be asked to identify the issues that they intend to raise at the hearing. The petitioner must identify all issues they intend to raise at the hearing when they make the hearing request. The hearing will be limited to those issues identified when the hearing request is made. The issues the petitioner identifies to raise at hearing will be reflected on the cover sheet of the hearing packet.

(3) The petitioner may choose any of the following general issues at a hearing to contest the infraction:

(a) General denial. The petitioner does not believe they should be found liable for the infraction;

(b) Radar/Lidar. Challenges the proper operation of the radar/lidar equipment, including calibration;

(c) Worker presence. Challenges workers being present in the state highway work zone at the time of the violation, as defined in WAC 468-90-010;

(d) Nonresponsibility. The petitioner denies responsibility per RCW 46.63.075 because the vehicle was stolen, or the petitioner was not the person in control of the vehicle at the time of the violation. A rental car company may not respond to an infraction by claiming nonresponsibility and must respond as described in WAC 446-105-155;

(e) Exempt vehicle. The vehicle is exempt from the issuance of work zone speed safety camera infractions under WAC 446-105-070; and

(f) Other. Issues other than those identified in (a) through (e) of this subsection. The petitioner must describe in detail any other issues they intend to raise at the hearing.

(4) The petitioner will receive a notice of hearing from OAH. Any objection to the issues identified in the notice of hearing must be filed with the OAH within 10 calendar days after the date the hearing notice is mailed. If no timely objections are filed, only the issues identified on the cover sheet of the hearing packet will be considered at the hearing, unless the administrative law judge allows additional issues for good cause shown.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-150, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-150, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-155 Rental car companies.

WAC 446-105-155

(1) A rental car company that receives a rental car business letter pursuant to RCW 46.63.200 (8)(f) must respond within 30 days in the manner provided in RCW 46.63.200 (8)(f)(i). Failure to respond may result in the issuance of a notice of infraction to the rental car business.

(2) At any hearing to contest or seek mitigation of the monetary penalty for a notice of infraction issued to a rental car company after failure to respond to a rental car business letter, the rental car company may not offer evidence or testimony that would have been responsive if offered in the manner provided in RCW 46.63.200 (8)(f)(i).

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-155, filed 7/23/26, effective 8/23/26.

Wash. Admin. Code § 446-105-160 How can I request a hearing?

All hearing requests may be made by mail, by telephone, or online at https://usview.cite-web.com/ by following the instructions contained in the notice of infraction.

History

• Statutory Authority: RCW 46.63.200. WSR 25-03-026, s 446-105-160, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-170 What will happen if I do not respond to a work zone speed safety camera system notice of infraction within 30 days of receipt?

WAC 446-105-170

(1) A notice of infraction represents a determination that the infraction has been committed, and the determination will be final unless it is contested.

(2) A person or business who receives a work zone speed safety camera system notice of infraction has 30 days from receipt, as defined in WAC 446-105-090, to respond as directed in the notice of infraction.

(3) If a person or business does not respond to the notice of infraction within 30 days of receipt, the infraction will be found committed. After an infraction is found committed, failure to pay the assessed penalty may result in a nonrenewal hold on the vehicle registration, or the registered owner may be reported to a collection agency for collection of the unpaid monetary penalty plus fees associated with the cost of collection.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-170, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-170, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-180 What will happen if I request a hearing to seek mitigation, to request a payment plan, or to contest the infraction solely on the basis that I was not in control of the vehicle at the time of the violation?

(1) Timely submitted hearing requests will proceed to a brief adjudicative proceeding as described in WAC 446-105-040.

(2) Once a hearing request has been received, a hearing notice will be mailed to the address at which the vehicle is registered, unless the mailing address was updated by the petitioner at the time the hearing was requested.

(3) If a petitioner has submitted a request to appear telephonically, the hearing notice will contain the date and time of the hearing, and instructions for participating.

(a) A petitioner who has requested to appear telephonically must attend the hearing.

(b) If the petitioner cannot attend a scheduled hearing, the petitioner is responsible for contacting the OAH at the phone number provided on the hearing notice to request a new hearing date.

History

• Statutory Authority: RCW 46.63.200. WSR 25-03-026, s 446-105-180, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-190 What will happen if I request a formal adjudicative hearing to contest the infraction?

WAC 446-105-190

(1) Timely submitted hearing requests will proceed to a formal adjudicative hearing consistent with the Administrative Procedure Act and the provisions of this chapter.

(2) Once a request for a formal adjudicative hearing has been received, the OAH will mail a hearing notice to the address at which the vehicle is registered, unless the mailing address was updated by the petitioner at the time the hearing was requested.

(3) The hearing notice will contain the date and time of the hearing, and instructions for participating.

(4) Formal adjudicative proceedings will be held telephonically unless, within 10 calendar days of receiving the hearing notice, one or both parties request in writing to appear by videoconference.

(a) The request to appear by videoconference must be accompanied by a statement of the reason(s) for the request.

(b) The administrative law judge, in their sole discretion, will decide whether the formal adjudicative hearing shall be held by telephone or videoconference.

(5) The parties must attend the scheduled hearing. Failure to attend a scheduled hearing may result in a default order being entered. If the parties cannot attend a scheduled hearing, they are responsible for contacting the OAH in advance of the hearing to request a new hearing date.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-190, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-190, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-200 Who can appear in a representative capacity at a work zone speed safety camera system infraction hearing?

WAC 446-105-200

The following persons may appear in a representative capacity at a hearing:

(1) The registered owner to whom the infraction was issued;

(2) An attorney at law duly qualified and entitled to practice before the supreme court of the state of Washington;

(3) A legal intern admitted to limited practice under Rule 9 of the Washington state supreme court's admission and practice rules. No legal intern, however, may appear without the presence of a supervising lawyer unless the administrative law judge approves the intern's sole appearance in advance; and

(4) A bona fide officer, partner, or owner of a business, association, partnership, or corporation who appears on behalf of such business, association, partnership, or corporation.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-200, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-200, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-210 What discovery is allowed in a formal adjudicative proceeding?

WAC 446-105-210

The parties should informally exchange information and documents relating to the case prior to the adjudicative proceeding. Formal discovery will be available only as follows:

(1) Methods and scope.

(a) The administrative law judge may only allow discovery regarding issues relevant to the subject matter in the pending action. Written discovery may be permitted only at the discretion of the administrative law judge.

(b) The administrative law judge has the power to control the nature and frequency of discovery permitted, and to order discovery conferences to discuss discovery issues.

(c) The administrative law judge shall limit discovery if:

(i) The discovery sought is unreasonably cumulative or duplicative, or can be obtained from another source that is more convenient, less burdensome, or less expensive; or

(ii) The request would be overly burdensome or expensive considering the needs of the case, the parties' resources, and the importance of the issues.

(2) Limitation on discovery. In addition to limitations on discovery, set forth in subsection (1) of this section, discovery does not include:

(a) Depositions; or

(b) Information or documents relating to work zone speed safety camera infractions issued to any person or entity other than the petitioner.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-210, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-210, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-215 How are documents served?

WAC 446-105-215

Service is the act of delivering a document to a party or a party's designated representative.

(1) Unless otherwise provided by law, documents must be served by:

(a) Personal service;

(b) First class, registered, or certified mail;

(c) Fax transmission; or

(d) The parties may agree in writing to service by electronic mail.

(2) Service by the parties to one another does not include filing documents electronically through the use of the OAH participant portal.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-215, filed 7/23/26, effective 8/23/26.

Wash. Admin. Code § 446-105-220 What information about my infraction is available to me prior to my administrative hearing?

The documents contained in the hearing packet, which is defined in WAC 446-105-030(2), will be available to a petitioner prior to the administrative hearing. The hearing packet can be downloaded from https://usview.cite-web.com/ within 48 hours after a hearing request has been received. A petitioner may also obtain a copy of the hearing packet by calling the customer service center, toll free, at 1- 833-576-0318.

History

• Statutory Authority: RCW 46.63.200. WSR 25-03-026, s 446-105-220, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-230 What evidence will be available to the administrative law judge at a formal adjudicative proceeding to contest the infraction?

WAC 446-105-230

(1) Hearing packet. Upon receipt of a request for a hearing, the hearing packet will be transmitted by the WSDOT to the OAH for consideration by the administrative law judge.

(2) Other evidence. During the hearing, other documentary evidence or oral testimony may be admitted and considered by the administrative law judge. Absent good cause, the parties must follow the instructions in the notice of hearing regarding how to timely file and serve evidence for their case or the evidence may be excluded.

(3) The administrative law judge may exclude evidence that is irrelevant, immaterial, or repetitious.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-230, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-230, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-240 How will I be notified of the administrative law judge's decision?

WAC 446-105-240

An administrative law judge with the OAH will enter an order stating whether the infraction is affirmed or reversed and whether the petitioner is liable for any penalty. Orders issued as a result of a hearing will be provided to the petitioner and the patrol electronically or by mail. Orders that are mailed to the petitioner will be mailed to the address at which the vehicle is registered, unless the mailing address was updated by the petitioner.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-240, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-240, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-250 When is payment due if I am found liable for an infraction with a monetary penalty?

WAC 446-105-250

If a petitioner is found liable for a work zone speed safety camera system infraction with a monetary penalty after an administrative hearing, or due to a failure to respond to the notice of infraction as required by RCW 46.63.200, unless otherwise specified in the order, payment is due within 30 days of the date of the final order. If the petitioner does not pay the amount due within the time allotted, a nonrenewal hold may be placed on the vehicle registration, or the registered owner may be reported to a collection agency for collection of the unpaid monetary penalty plus fees associated with the costs of collection.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-250, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-250, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-260 What happens if I disagree with a final order?

WAC 446-105-260

(1) Any party may file a petition for reconsideration of a final order as specified in RCW 34.05.470.

(a) A petition for reconsideration must be served upon the opposing party and filed with the OAH within 10 days of service of the final order.

(b) Unless denied under (c) of this subsection, the petition will be reviewed by the same administrative law judge who entered the order, if reasonably available.

(c) A petition for reconsideration is deemed denied if, within 20 days of the date it is filed, the administrative law judge:

(i) Denies the petition;

(ii) Does not act upon the petition; or

(iii) Does not serve the parties the date by which the administrative law judge will act on the petition.

(d) If the administrative law judge determines to act upon the petition, the opposing party must be provided at least seven business days in which to file a response.

(e) Reconsideration is limited to the evidence and arguments included in the hearing record. Additional evidence may not be considered unless the administrative law judge reopens the record after notifying the parties.

(f) The petition will be resolved by written order, which may deny the petition, grant the petition and modify or dissolve the final order, or grant the petition and set the matter for future hearing.

(2) A petitioner may appeal a final order to superior court as specified in chapter 34.05 RCW.

If a petition for reconsideration is timely filed and complies with the procedural requirements, the time for filing a petition for judicial review does not begin until the agency has served the written order as described in subsection (1)(f) of this section.

History

• Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-260, filed 7/23/26, effective 8/23/26
• WSR 25-03-026, s 446-105-260, filed 1/7/25, effective 2/7/25.

Wash. Admin. Code § 446-105-270 How do I release a hold on my vehicle registration renewal?

A person or business can contact the DOL to find out if there is a hold on their vehicle registration renewal. To release a hold, the person or business must remit full payment for any unpaid work zone speed safety camera system infraction penalties. Payment may be initiated by calling the customer service center, toll free, at 1- 833-576-0318.

History

• Statutory Authority: RCW 46.63.200. WSR 25-03-026, s 446-105-270, filed 1/7/25, effective 2/7/25.

Earlier captured publisher text

The following text is retained from an earlier capture. Its inclusion does not determine its current legal effect.

Earlier captured Wash. Admin. Code § 446-65-010

(1) The Washington state patrol hereby adopts the following parts of Title 49 Code of Federal Regulations (C.F.R.), as they exist on April 25, 2025, for motor carriers used in intrastate or interstate commerce in their entirety:

(a) Part 40 Procedures for transportation workplace drug and alcohol testing programs.

(b) Part 325 Compliance with interstate motor carrier noise emission standards.

(c) Part 350 Commercial motor carrier safety assistance program.

(d) Part 355 Compatibility of state laws and regulations affecting interstate motor carrier operations.

(e) Part 365 Rules governing applications for operating authority.

(f) Part 367 Standards for registration with states.

(g) Part 372 Exemptions, commercial zones and terminal areas.

(h) Part 373 Receipts and bills.

(i) Part 376 Lease and interchange of vehicles.

(j) Part 379 Preservation of records.

(k) Part 380 Special training requirements.

(l) Part 381 Waivers, exemptions, and pilot programs.

(m) Part 382 Controlled substances and alcohol use and testing.

(n) Part 383 Compliance with commercial driver's license program.

(o) Part 385 Safety fitness procedures.

(p) Part 387 Minimum levels of financial responsibility for motor carriers.

(q) Part 390 General.

(r) Part 391 Qualification of drivers. Provided that 49 C.F.R. 391 subpart D (Tests), and E (Physical Qualifications and Examinations) do not apply to motor carriers operating vehicles with gross vehicle weight rating between 10,001 lbs. and 26,000 lbs. operating intrastate, and not used to transport hazardous materials in a quantity requiring placarding, and that 49 C.F.R. Sec. 391.11 (b)(1) (minimum age requirement) does not apply to drivers 18 through 20 years of age operating solely in intrastate commerce under these same conditions.

(s) Part 392 Driving of motor vehicles.

(t) Part 393 Parts and accessories necessary for safe operation.

(u) Part 395 Hours of service of drivers: Except if a company has drivers of commercial motor vehicle of any size, hauling logs from the point of production or driving in dump truck operations in intrastate commerce provided that:

(i) The driver must:

(A) Operate within a 100 air-mile radius of the location where the driver reports to work and the driver must return to the work reporting location at the end of each duty tour;

(B) Have at least 10 consecutive hours off duty separating each on-duty period;

(C) Not drive:

• More than 12 hours following at least 10 hours off duty; or

• After the 14th hour after coming on duty on at least five days of any period of seven consecutive days; and

• After the 16th hour after coming on duty on no more than two days of any period of seven consecutive days; and

• After having been on duty for 80 hours in seven consecutive days if the employing motor carrier does not operate commercial motor vehicle every day of the week; or

• After having been on duty for 90 hours in eight consecutive days if the employing motor carrier operates commercial motor vehicle every day of the week; in any period of seven or eight consecutive days may end with the beginning of any off-duty period of 24 or more consecutive hours.

(ii) The motor carrier that employs the driver must maintain and retain for a period of 12 months accurate and true time recordings showing:

(A) The time the driver reports for duty each day;

(B) The total number of hours the driver is on duty each day;

(C) The total number of hours the driver drives each day;

(D) The time the driver is released from duty each day; and

(E) The total time the driver is driving and on duty for the preceding seven days.

(v) Part 396 Inspection, repair, and maintenance.

(w) Part 397 Transportation of hazardous materials; driving and parking rules.

(2) As provided in Part 395, exemption for agricultural transporters, the harvest dates are defined in RCW 46.32.130.

(3) Links to the C.F.R. are available on the Washington state patrol website at www.wsp.wa.gov. Copies of the C.F.R. may also be ordered through the United States Government Printing Office, 732 N. Capitol Street N.W., Washington, D.C. 20401.

History

• Statutory Authority: RCW 46.32.020 and 46.48.170. WSR 26-12-032, s 446-65-010, filed 5/27/26, effective 6/27/26
• WSR 25-19-049, s 446-65-010, filed 9/10/25, effective 10/11/25
• WSR 23-17-158, § 446-65-010, filed 8/23/23, effective 10/1/23
• WSR 21-22-087, § 446-65-010, filed 11/2/21, effective 12/3/21
• WSR 21-08-002, § 446-65-010, filed 3/24/21, effective 4/24/21
• WSR 18-06-029, § 446-65-010, filed 2/28/18, effective 3/1/18. Statutory Authority: RCW 46.32.020. WSR 13-18-069, § 446-65-010, filed 9/3/13, effective 10/4/13
• WSR 12-03-080, § 446-65-010, filed 1/13/12, effective 2/13/12
• WSR 09-01-016, § 446-65-010, filed 12/5/08, effective 1/5/09
• WSR 06-08-082, § 446-65-010, filed 4/4/06, effective 5/5/06
• WSR 05-20-090, § 446-65-010, filed 10/5/05, effective 11/5/05
• WSR 05-04-002, § 446-65-010, filed 1/19/05, effective 2/19/05. Statutory Authority: RCW 46.48.170. WSR 98-19-043, § 446-65-010, filed 9/11/98, effective 10/12/98. Statutory Authority: RCW 46.33.020. WSR 96-22-035, § 446-65-010, filed 10/31/96, effective 12/1/96. Statutory Authority: RCW 46.32.020. WSR 95-13-080, § 446-65-010, filed 6/20/95, effective 7/21/95
• WSR 94-01-178, § 446-65-010, filed 12/22/93, effective 1/22/94
• WSR 91-06-066 (Order 90-005), § 446-65-010, filed 3/1/91, effective 4/1/91.