Washington Administrative Code

(1) Canine teams working in the state of Washington shall be certified to the adopted standards as set by commission policy.(a) The standards shall be maintained by the commission and readily available to the public.(b) These standards include the minimum performance standards fo…

(1) For purposes of this regulation, the term "agriculture officer" means any individual appointed by the state director of agriculture to enforce those laws relating to the department of agriculture.(2) As a precondition of any exercise of enforcement authority, an agriculture o…

(1) For the purpose of this regulation, the term "railroad police" means any individual appointed by the commission under the provisions of RCW 81.60.010 through 81.60.060.(2) Effective January 1, 2002, as a precondition of any newly appointed railroad police officer to enforce t…

Any person aggrieved by a decision of commission staff under this chapter, or the head of the aggrieved person's agency, may request review by the commission by making a request for an adjudicative proceeding under WAC 139-03-020.[Statutory Authority: RCW 43.101.080. WSR 05-20-02…

Any request for exemption, waiver, extension or variance from any requirement of this chapter must be made under WAC 139-03-030.[Statutory Authority: RCW 43.101.080. WSR 05-20-029, § 139-05-940, filed 9/28/05, effective 10/29/05.]

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

Tribal governments may voluntarily request certification for their police officers.(1) Tribal governments requesting certification for their police officers must enter into a written agreement with the commission.(2) The agreement must require the tribal law enforcement agency an…

(1) Within 15 days the employing agency of either a certified officer or reserve officer shall use an approved form to notify the commission of the following occurrences:(a) When a certified officer or reserve officer is separated from the agency for any reason;(b) When the agenc…

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

(1) Commission investigations are to determine whether there is preponderance of the evidence to believe the certified officer's certification should be denied, revoked, or suspended.(2) Investigations may commence on the commission's own initiative under RCW 43.101.105, or upon …

(1) The commission shall prepare a statement of charges providing the grounds for denial, suspension, or revocation of the certified officer's certification under RCW 43.101.105.(a) The statement of charges shall include a notice informing the certified officer that they are enti…

(1) The commission shall cultivate a list of qualified individuals to be appointed as members of hearing panels in certification actions.(a) Names of qualified individuals interested in serving as panel members under RCW 43.101.380 may be submitted by any person for consideration…

(1) In all hearings requested under RCW 43.101.155, an administrative law judge (ALJ) appointed under chapter 34.12 RCW shall preside over all prehearing conferences, status conferences, and the hearing itself. The ALJ makes all necessary prehearing and hearing rulings, but is no…

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

(1) When an applicant or certified officer is found to have committed misconduct listed under RCW 43.101.105(3), the commission may convene a hearing panel to review the facts and, with any finding of misconduct, determine any appropriate outcomes. Outcomes include any or multipl…

(1) The hearings panel shall enter a final order within 90 days of the conclusion of the hearing. The commission shall serve a copy of the order to the parties and the certified officer's employing agency. It will also appear on the commission website.(2) The final order issued b…

(1) A person denied a certification based upon dismissal or withdrawal from a basic academy under RCW 43.101.105 (3)(a) is eligible for readmission and certification upon meeting standards established in the rules of the commission.(2) A person whose certification is denied or re…

(1) The commission may hold a hearing to determine the previously certified officer's eligibility for certification or reinstatement of certification per RCW 43.101.115.(a) The commission will review the request and determine whether to hold a hearing based on criteria establishe…

(1) The length and conditions of any suspension of a certification imposed under RCW 43.101.105 will be included in the final order.(2) Consistent with any conditions included in a final order imposing a suspension of a certification under (1) of this section, the commission may …

The rules contained in this chapter are intended to supplement the procedures contained in the Administrative Procedure Act, chapter 34.05 RCW, and the model rules of procedure, chapter 10-08 WAC.(1) In the case of conflict between the model rules of procedure and the rules adopt…

(1) Any applicant who has been offered a conditional offer of employment as a certified officer must submit to a background investigation to determine suitability for employment.(2) This includes certified officers whose certification has lapsed as a result of a break in service …

(1) Hiring agency background checks must include the following records and information for new applicants:(a) Criminal history;(b) National decertification indices or data banks;(c) Commission records including employment history and certification status;(d) All disciplinary reco…

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

(1) Polygraph assessments provide hiring agencies with insight into an individual's honesty and an opportunity to ask an array of additional background questions.(2) Standards for polygraph assessments:(a) Examiners must have graduated from a polygraph school accredited by the Am…

For the purposes of this chapter:(1) The term "crisis intervention training" means training designed to provide tools and resources to Washington state law enforcement personnel in order to respond effectively to individuals who may be experiencing an emotional, mental, physical,…

(1) The following law enforcement personnel are subject to the requirements of this chapter:(a) All general authority Washington peace officers;(b) Reserve peace officers who have completed a reserve academy as per WAC 139-05-810 or 139-05-825; and(c) Certified tribal police offi…

(1) Agencies seeking to provide the eight-hour crisis intervention training shall receive a certification from the commission and use commission-certified curricula and instructors.(2) Agencies must use commission-approved curricula that contains at the minimum the following subj…

(1) Agencies seeking to provide the forty-hour crisis intervention team training shall receive a certification from the commission and use commission-certified curricula and instructors.(2) Agencies must use commission-approved curricula that contains at the minimum the following…

Any request for exemption, waiver, extension, or variance from any requirement of this chapter must be made under WAC 139-03-030.[Statutory Authority: RCW 43.101.080 and 43.404.427. WSR 19-07-038, § 139-09-060, filed 3/14/19, effective 4/14/19.]

As a condition of continued employment, unless exempted by the commission, all correctional personnel, as defined in RCW 43.101.010, with the exception of those employed by the Washington state department of corrections prison division, must commence training in a basic correctio…

For the purposes of this chapter, it is the responsibility of each sponsoring or applying agency to conduct a complete criminal records check to include a search of state and national criminal history records information regarding its applicant through the submission of the appli…

(1) For admission to the corrections officers academy or juvenile corrections officers academy, each recruit must possess good health and physical capability to actively and fully participate in defensive tactics training and other required physical activities.(2) In order to min…

All counties and municipal corporations of the state of Washington, or any political subdivision thereof, shall notify the commission within 15 days by an approved form of each instance where correctional personnel begins continuing and regular employment with that agency and eac…

The corrections officers equivalency academy process is provided in WAC 139-05-210.[Statutory Authority: RCW 43.101.080. WSR 22-19-038, § 139-10-215, filed 9/14/22, effective 10/15/22; WSR 18-19-067, § 139-10-215, filed 9/17/18, effective 10/18/18; WSR 03-13-098, § 139-10-215, fi…

Each recruit in a basic corrections academy will receive a diploma only upon full and successful completion of the academy as prescribed by the commission. The performance of each recruit shall be evaluated as follows:(1) Academic performance.(a) A standardized evaluation process…

No person may be readmitted to any basic corrections academy except as provided in this section and in accordance with WAC 139-06-130.(1) Any request for readmission must be made and submitted by the individual's employing agency head, or designee, in accordance with commission p…

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

(1) All employees whose primary job function is the case management of adult offenders under county/city supervision, to include: Assessment, case planning, counseling, supervision, and monitoring must complete the misdemeanant probation counselors academy. Representative job cla…

(1) All employees whose primary job function is to assess, case plan, and/or manage, counsel, and/or monitor juvenile offenders must complete the juvenile services academy. Representative job classes include, but are not limited to, juvenile probation counselors, guardian ad lite…

(1) All employees whose primary job function is the care, custody, and safety of juvenile offenders in county facilities must complete the juvenile corrections officers academy. Representative job classes include, but are not limited to, juvenile detention workers, juvenile corre…

(1) All employees whose primary job function is the case management, custody, safety, counseling, supervision, and/or the application of treatment interventions to juvenile offenders committed to the care and supervision of the juvenile rehabilitation administration must complete…

(1) All employees whose primary job function is the case management in the community of adult offenders under the state department of corrections supervision, to include: Monitoring adjustment of offenders involved with in/outpatient treatment programs, counseling offenders and/o…

For the purposes of this section the term violence de-escalation means tactics, action, and communication methods used by officers to achieve the following objectives, when safe and feasible:(1) Manage the pace of an interaction;(2) Manage the distance between the officer and per…

This rule implements parts of Initiative Measure No. 940, passed in November 2018, and chapter 4, Laws of 2019 (SHB 1064), signed into law in February 2019. As stated in section 2 of Initiative Measure No. 940, "The intent of the people in enacting this act is to make our communi…

Any request for exemption, waiver, extension, or variance from any requirement of this chapter must be made under WAC 139-03-030. This information must be available to the public.[Statutory Authority: RCW 43.101.080. WSR 19-13-011, § 139-11-030, filed 6/7/19, effective 7/8/19.]

(1) All curricula will be reviewed and approved consistent with commission policies and procedures.(2) All training and student performance will be assessed consistent with current commission policies and procedures.(3) All training will utilize an effective pedagogical approach …

(1) The commission will develop a working roster of community members that includes, but is not limited to, representatives of stakeholder groups identified in RCW 43.101.455 and family members who have lost loved ones in fatal encounters with police. The commission will host an …

(1) All incumbent peace officers are required to complete forty hours of violence de-escalation and mental health training once every three years. This training may substitute for the annual twenty-four hour in-service requirement under WAC 139-05-300 in the year the officer comp…

In 2015 the U.S. Department of Justice issued a final report from the 21st Century Task Force on Policing. A core focus of that report addressed strategies for improving relationships, increasing community engagement, and fostering cooperation. The report recommended clear and co…

Best practices – For the purpose of this chapter, best practices are defined as methods, techniques, and procedures that have consistently shown by research and experience to produce superior results and are established or proposed as a standard, suitable for widespread adoption …