Washington Administrative Code

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 bo…

(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 n…

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 disabi…

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 …

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 …

(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 membe…

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 mon…

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 was…

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 was…

(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 sta…

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.[Statutory Authority…

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 …

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 i…

(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, f…

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.[Statutory Authority: RCW 46.30.020. WSR 94-08-004, § 446-65-005, filed 3/24/94, effective 4/24/94. St…

(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 …

(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 immediate…

(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…

(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 ad…

For the purpose of RCW 43.43.340 the Washington state patrol hereby adopts the rules contained in chapter 357-25 WAC.[Statutory Authority: RCW 43.43.340. WSR 15-22-079, § 446-70-005, filed 11/3/15, effective 12/4/15.]

(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 ki…

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 …

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 huma…

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.[Stat…

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 syste…

(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 obtai…

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., Su…

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 …

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.[Statutory Authority: RCW 46.44.105. WSR 15-16-127, § 446-80-005, filed 8/5/15…

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…

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.[Statutory Authority: RCW 46.52.030. WSR 00-1…

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

(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 Washi…

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…

(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 a…

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 forens…

(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 …

(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 disc…

(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…

(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 …

Any quantitative blood alcohol analysis method which meets the following criteria is approved by the state toxicologist and may be used in the state of Washington. Analysis of urine for estimation of blood alcohol concentrations is not approved by the state toxicologist in the st…

(1) Analytical procedure.(a) The analytical procedure should include:(i) A control test(ii) A blank test(iii) Duplicate analyses that agree to within plus or minus ten percent of their mean.(b) All sample remaining after analysis should be retained for at least three months under…

(1) Minimum qualifications for the issuance by the state toxicologist of a blood alcohol analyst permit will include college level training in fundamental analytical chemistry with a minimum of five quarter hours of quantitative chemistry laboratory or equivalent, with a passing …

(1) Certifying agent means persons certified by the state toxicologist, certified technician, or certified instructor as a preliminary breath test instrument (PBT) technician.(2) Operator means a person certified as an evidential breath test instrument operator as described in ch…

The following preliminary breath test (PBT) instruments are approved for use in the state of Washington as breath alcohol screening devices, subject to the requirements outlined in this chapter:(1) Alco-Sensor III (Intoximeters, St. Louis, MO).(2) Alco-Sensor FST (Intoximeters, S…

(1) Valid results from the PBT instruments described in WAC 448-15-010 are approved for use to determine that a subject has consumed alcohol and establish probable cause to place a person under arrest for alcohol related offenses or probable cause to support issuance of a search …

The operator must perform the test according to the policies and procedures approved by the state toxicologist, using the following test protocol:(1) The operator will advise the subject that this is a voluntary test, and that it is not an alternative to any evidential breath alc…