reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-50 - Transportation of hazardous materials › Section 446-50-080 - Transportation requirements

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-65 - Commercial motor vehicle regulations › Section 446-65-005 - Promulgation

Current through Register Vol. 24-14, July 15, 2024
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. 94-08-004, §
										446-65-005, filed 3/24/94,
							effective 4/24/94. Statutory Authority:
							RCW
							 46.32.020. 91-06-066 (Order 90-005), §
										446-65-005, filed 3/1/91,
							effective 4/1/91.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-65 - Commercial motor vehicle regulations › Section 446-65-020 - Physical qualifications for drivers

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
							RCW
							46.32.020. 09-01-016, §
										446-65-020, filed 12/5/08,
							effective 1/5/09; 95-13-080, §
										446-65-020, filed 6/20/95,
							effective 7/21/95.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-65 - Commercial motor vehicle regulations › Section 446-65-030 - Intrastate high risk and imminent hazard carriers

Current through Register Vol. 24-14, July 15, 2024
(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) Safety fitness rating (SafeStat
					score);
(b) Out of service rate
					that is higher than the national average for drivers and/or vehicles;
(c) Carrier requires or authorizes any driver
					or vehicle to operate in violation of an out of service order;
(d) The number and severity of collisions to
					include fatalities and serious injury;
(e) Deficiencies or violations of safety
					management procedures and/or practices;
(f) Carrier who consistently refuses to come
					into compliance with federal and state regulations.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-65 - Commercial motor vehicle regulations › Section 446-65-040 - Compliance review hearing process

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-70 - Affirmative action › Section 446-70-005 - Affirmative action rules

Current through Register Vol. 24-14, July 15, 2024
For the purpose of
						RCW
						 43.43.340 the Washington state patrol hereby
						adopts the rules contained in chapter 357-25 WAC.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-70 - Affirmative action › Section 446-70-010

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
							RCW
							 43.43.340. 87-09-049 (Order 87-RD-001),
							§
										446-70-010, filed
							4/16/87.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-70 - Affirmative action › Section 446-70-020

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
							RCW
							 43.43.340. 87-09-049 (Order 87-RD-001),
							§
										446-70-020, filed
							4/16/87.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-70 - Affirmative action › Section 446-70-030

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
							RCW
							 43.43.340. 87-09-049 (Order 87-RD-001),
							§
										446-70-030, filed
							4/16/87.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-70 - Affirmative action › Section 446-70-040

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
							RCW
							 43.43.340. 87-09-049 (Order 87-RD-001),
							§
										446-70-040, filed
							4/16/87.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-70 - Affirmative action › Section 446-70-050

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
							RCW
							 43.43.340. 87-09-049 (Order 87-RD-001),
							§
										446-70-050, filed
							4/16/87.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-70 - Affirmative action › Section 446-70-060

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
							RCW
							 43.43.340. 87-09-049 (Order 87-RD-001),
							§
										446-70-060, filed
							4/16/87.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-70 - Affirmative action › Section 446-70-070

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
							RCW
							 43.43.340. 87-09-049 (Order 87-RD-001),
							§
										446-70-070, filed
							4/16/87.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-70 - Affirmative action › Section 446-70-080

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
							RCW
							 43.43.340. 87-09-049 (Order 87-RD-001),
							§
										446-70-080, filed
							4/16/87.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-75 - DNA identification › Section 446-75-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(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 data
					base 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.
Statutory Authority:
							RCW
							 43.43.759. 03-08-053, §
										446-75-010, filed 3/28/03,
							effective 4/28/03; 91-11-046, §
										446-75-010, filed 5/14/91,
							effective 6/14/91.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-75 - DNA identification › Section 446-75-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
							RCW
							 43.43.759. 03-08-053, §
										446-75-020, filed 3/28/03,
							effective 4/28/03; 91-11-046, §
										446-75-020, filed 5/14/91,
							effective 6/14/91.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-75 - DNA identification › Section 446-75-030 - Purposes of DNA identification

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
							RCW
							 43.43.759. 03-08-053, §
										446-75-030, filed 3/28/03,
							effective 4/28/03; 91-11-046, §
										446-75-030, filed 5/14/91,
							effective 6/14/91.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-75 - DNA identification › Section 446-75-040 - DNA identification system established

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
							RCW
							 43.43.759. 91-11-046, §
										446-75-040, filed 5/14/91,
							effective 6/14/91.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-75 - DNA identification › Section 446-75-050 - DNA identification system analytical procedures

Current through Register Vol. 24-14, July 15, 2024
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).
Statutory Authority:
							RCW
							 43.43.759. 91-11-046, §
										446-75-050, filed 5/14/91,
							effective 6/14/91.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-75 - DNA identification › Section 446-75-060 - Collection of biological sample for the DNA identification system-Procedures-Time frame

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
							RCW
							 43.43.759. 03-08-053, §
										446-75-060, filed 3/28/03,
							effective 4/28/03; 91-11-046, §
										446-75-060, filed 5/14/91,
							effective 6/14/91.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-75 - DNA identification › Section 446-75-070 - Expungement of DNA data

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-75 - DNA identification › Section 446-75-080 - DNA identification data-Prohibitions

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
							RCW
							 43.43.759. 03-08-053, §
										446-75-080, filed 3/28/03,
							effective 4/28/03; 91-11-046, §
										446-75-080, filed 5/14/91,
							effective 6/14/91.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-80 - Exemption to weighing requirement › Section 446-80-005 - Promulgation

Current through Register Vol. 24-14, July 15, 2024
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(2). 93-18-043,
							§
										446-80-005, filed 8/27/93,
							effective 9/27/93.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-80 - Exemption to weighing requirement › Section 446-80-010 - Stopping at scales exemption

Current through Register Vol. 24-14, July 15, 2024
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:
Ridgefield Port of Entry
I-5 MP 15
Bow Hill Port of Entry
I-5 MP 235
Plymouth Port of Entry
I-82 MP 1
Spokane Port of Entry
I-90 MP 300
Wallula
SR-12 MP 308
Home Valley
SR-14 MP 50
Goldendale
SR-97 MP 13
Tonasket
SR-97 MP 315
Kettle Falls
SR-395 MP 239
Statutory Authority:
							RCW
							 46.44.105(2). 93-18-043,
							§
										446-80-010, filed 8/27/93,
							effective 9/27/93.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-85 - Accident-reporting threshold › Section 446-85-005 - Promulgation

Current through Register Vol. 24-14, July 15, 2024
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. 00-10-092, §
										446-85-005, filed 5/2/00,
							effective 5/3/00.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-85 - Accident-reporting threshold › Section 446-85-010 - Accident-reporting threshold

Current through Register Vol. 24-14, July 15, 2024
Beginning January 1, 2015, the accident-reporting threshold for
						property damage accidents will be one thousand dollars.
Statutory Authority:
							RCW
							 46.52.030. 00-10-092, §
										446-85-010, filed 5/2/00,
							effective 5/3/00.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-90 - Emergency telecommunications data base › Section 446-90-010 - Wireless telecommunication provider emergency contact information

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-90 - Emergency telecommunications data base › Section 446-90-020 - Address confidentiality program name information

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-95 - STATEWIDE SEXUAL ASSAULT KIT TRACKING SYSTEM › Section 446-95-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-95 - STATEWIDE SEXUAL ASSAULT KIT TRACKING SYSTEM › Section 446-95-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
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).
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-95 - STATEWIDE SEXUAL ASSAULT KIT TRACKING SYSTEM › Section 446-95-030 - Washington sexual assault kits

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-95 - STATEWIDE SEXUAL ASSAULT KIT TRACKING SYSTEM › Section 446-95-040 - Survivor tracking of their Washington sexual assault kit

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-95 - STATEWIDE SEXUAL ASSAULT KIT TRACKING SYSTEM › Section 446-95-050 - Receipt and processing of sexual assault kits

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-95 - STATEWIDE SEXUAL ASSAULT KIT TRACKING SYSTEM › Section 446-95-060 - Updates and tracking of sexual assault kits

Current through Register Vol. 24-14, July 15, 2024
(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 "realtime" 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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-100 - BUMP-FIRE STOCK BUYBACK PROGRAM › Section 446-100-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
The Washington state patrol will establish and administer a
						bump-fire stock buy-back program in accordance with chapter 43.43
						RCW.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-100 - BUMP-FIRE STOCK BUYBACK PROGRAM › Section 446-100-015 - Definitions

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-100 - BUMP-FIRE STOCK BUYBACK PROGRAM › Section 446-100-020 - Procedures

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-14 - State toxicologist standards for analysis of blood samples for alcohol › Section 448-14-010 - Criteria for approved methods of quantitative analysis of blood samples for alcohol

Current through Register Vol. 24-14, July 15, 2024
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 state of
				Washington.
The blood analysis procedure should have the following
				capabilities:
(1) Precision and
			 accuracy.
(a) The method will be capable of
			 replicate analyses by an analyst under identical test conditions so that
			 consecutive test results on the same date agree with a difference which is not
			 more than 3% of the mean value of the tests. This criterion is to be applied to
			 blood alcohol levels of 0.08 grams of alcohol per 100 mL and higher.
(b) Except for gas chromatography, the method
			 should be calibrated with water solutions of ethyl alcohol, the strength of
			 which should be determined by an oxidimetric method which employs a primary
			 standard, such as United States National Bureau of Standards potassium
			 dichromate.
(c) The method will
			 give a test result which is always less than 0.005 grams of alcohol per 100 mL
			 when alcohol-free living subjects are tested.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-14 - State toxicologist standards for analysis of blood samples for alcohol › Section 448-14-020 - Operational discipline of blood samples for alcohol

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-14 - State toxicologist standards for analysis of blood samples for alcohol › Section 448-14-030 - Qualifications for a blood alcohol analyst

Current through Register Vol. 24-14, July 15, 2024
(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 grade.
(2) The state
			 toxicologist will issue a blood alcohol analyst permit to each person found to
			 be properly qualified, and will hold written, oral or practical examinations to
			 aid the state toxicologist in judging qualifications of applicants. Such
			 permits will bear the signature or facsimile signature of the state
			 toxicologist and be dated.
(3) The
			 blood alcohol analyst permits are subject to cancellation by the state
			 toxicologist if the permittee refuses or fails to obtain satisfactory results
			 on samples periodically distributed to the permittees by the state
			 toxicologist.
Statutory Authority:
				  RCW
				  46.61.506. 10-24-067, §
										448-14-030, filed 11/30/10,
				  effective 12/31/10; Order 4, §
										448-14-030, filed 7/9/70;
				  Emergency and Permanent Order 3, §
										448-14-030, filed
				  9/23/69.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-15 - ADMINISTRATION OF PRELIMINARY BREATH TESTING › Section 448-15-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(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 chapter 448-16 WAC and trained and authorized to perform the tests for a PBT
			 instrument as outlined in this chapter.
(3) PBT instrument means preliminary breath
			 test instrument.
(4) PBT technician
			 means a person trained and certified as competent and qualified to certify a
			 PBT instrument according to the protocol approved by the state
			 toxicologist.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-15 - ADMINISTRATION OF PRELIMINARY BREATH TESTING › Section 448-15-010 - Approval of devices

Current through Register Vol. 24-14, July 15, 2024
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, St. Louis, MO).
(3)
			 Any other instruments approved by the National Highway Traffic Safety
			 Administration (NHTSA) will be considered for approval in Washington state on
			 application to the state toxicologist, providing that a suitable program for
			 maintenance, certification and operator training is also established and
			 approved.
Statutory Authority:
				  RCW
				   46.61.506. 08-05-029, §
										448-15-010, filed 2/12/08,
				  effective 3/14/08; 99-06-047, §
										448-15-010, filed 3/1/99,
				  effective 4/1/99.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-15 - ADMINISTRATION OF PRELIMINARY BREATH TESTING › Section 448-15-020 - Use of test results

Current through Register Vol. 24-14, July 15, 2024
(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 warrant for blood to test for
			 alcohol.
(2) This preliminary
			 breath test is voluntary, and participation in it does not constitute
			 compliance with the implied consent statute (RCW
			  46.20.308).
(3) For purposes of this section, valid
			 results are considered those obtained by an operator following the approved
			 testing protocol described in WAC
			 448-15-030 while using an
			 approved PBT instrument which has been certified according to the rules
			 described in WAC
			 448-15-040.
(4) Valid results will show the test
			 subject's breath alcohol concentration. These results may not be used on their
			 own for determining, beyond a reasonable doubt, that a person's breath alcohol
			 concentration exceeds a proscribed level such as anticipated under the 'per se'
			 statutes for intoxication.
Statutory Authority:
				  RCW
				   46.61.506. 08-05-029, §
										448-15-020, filed 2/12/08,
				  effective 3/14/08; 99-06-047, §
										448-15-020, filed 3/1/99,
				  effective 4/1/99.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-15 - ADMINISTRATION OF PRELIMINARY BREATH TESTING › Section 448-15-030 - Test protocol

Current through Register Vol. 24-14, July 15, 2024
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 alcohol test.
(2) The operator will determine by
			 observation or inquiry, that the subject has not consumed any alcohol in the
			 fifteen minutes prior to administering the test. If the subject has consumed
			 alcohol during that period, the officer should not administer the screening
			 test for probable cause purposes until fifteen minutes have passed. If the
			 subject responds that they have not consumed any alcohol in the last fifteen
			 minutes, the officer may offer the subject the opportunity to provide a breath
			 sample into the PBT instrument.
(3)
			 Ensure a blank test result is obtained.
(4) Have the subject exhale into the
			 mouthpiece with a full and continuous exhalation.
(5) Observe the results.
Statutory Authority:
				  RCW
				   46.61.506. 08-05-029, §
										448-15-030, filed 2/12/08,
				  effective 3/14/08; 99-06-047, §
										448-15-030, filed 3/1/99,
				  effective 4/1/99.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-15 - ADMINISTRATION OF PRELIMINARY BREATH TESTING › Section 448-15-040 - Certification

Current through Register Vol. 24-14, July 15, 2024
Any PBT instrument used must have been certified within the
				previous six months. In order to certify a PBT instrument as accurate, the
				certifying agent must follow a protocol approved by the state toxicologist.
Statutory Authority:
				  RCW
				   46.61.506. 08-05-029, §
										448-15-040, filed 2/12/08,
				  effective 3/14/08; 99-06-047, §
										448-15-040, filed 3/1/99,
				  effective 4/1/99.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-15 - ADMINISTRATION OF PRELIMINARY BREATH TESTING › Section 448-15-050 - PBT operators (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   46.61.506. 08-05-029, §
										448-15-050, filed 2/12/08,
				  effective 3/14/08; 99-06-047, §
										448-15-050, filed 3/1/99,
				  effective 4/1/99.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-15 - ADMINISTRATION OF PRELIMINARY BREATH TESTING › Section 448-15-060 - PBT technicians

Current through Register Vol. 24-14, July 15, 2024
(1) PBT
			 technicians will be issued a permit after:
(a) Successful completion of the training
			 which must be renewed every three years; or
(b) Being certified as evidential breath test
			 instrument technicians as described in chapter 448-16 WAC.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-16 - Administration of breath test program › Section 448-16-010 - Basis for rules governing breath testing

Current through Register Vol. 24-14, July 15, 2024
In
				RCW
				 46.61.506(4), the
				legislature establishes criteria for the admissibility of breath alcohol test
				evidence. RCW  46.61.506(3)
				 authorizes and directs the state toxicologist to approve satisfactory
				techniques or methods, to supervise the examination of individuals to ascertain
				their qualifications and competence to conduct such analyses, and to issue
				permits to those individuals. These rules are intended to implement the
				direction of the statute by 1) approving instruments and associated equipment
				capable of performing a reliable breath alcohol test, 2) identifying
				classifications of individuals who are to be examined for their competence to
				conduct such tests, and operate or maintain that equipment, and 3) identifying
				certain aspects of the operation of that equipment, necessary for reliable
				testing.
Statutory Authority:
				  RCW
				  46.61.506. 04-19-144, §
										448-16-010, filed 9/22/04,
				  effective 10/23/04.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-16 - Administration of breath test program › Section 448-16-020 - Approval of breath test equipment

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
			 RCW
			  46.61.506, the following instruments are
			 approved for the quantitative measurement of alcohol in a person's breath:
(a) The DataMaster;
(b) The DataMaster CDM; and
(c) The Draeger or Drager Alcotest
			 9510.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-16 - Administration of breath test program › Section 448-16-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Accuracy" means
			 the proximity of a measured value to a reference value.
(2) "Alcohol" means the unique chemical
			 compound ethyl alcohol.
(3) "Blank
			 test" means the testing of an instrument to ensure that no alcohol from a
			 previous test can interfere with a person's breath test.
(4) "Concentration" means the weight amount
			 of alcohol, expressed in grams, contained in two hundred ten liters of breath
			 or alcohol/water vapor.
(5) "Data
			 entry" means the process of providing information to the instrument for the
			 purposes of identifying a breath test document to an individual.
(6) "Interference" means a test result whose
			 infrared absorbance or electrochemical analysis properties are not consistent
			 with ethyl alcohol.
(7) "End
			 expiratory air" means the last portion of breath to be delivered to the
			 instrument once the appropriate sample acceptance criteria have been
			 met.
(8) "External standard test"
			 means the process by which the accuracy of the instrument is verified, using a
			 simulator containing a certified simulator solution or a compressed gas
			 standard containing a known alcohol concentration.
(9) "Internal standard test" means the
			 process by which the instrument calibration is verified.
(10) "Precision" means the ability of a
			 technique to perform a measurement in a reproducible manner.
(11) "Simulator" means a device which when
			 filled with a certified simulator solution, maintained at a known temperature,
			 provides a vapor sample of known alcohol concentration.
(12) "Valid breath sample" means a sample of
			 a person's breath provided in such a manner to be accepted for analysis by the
			 instrument.
Statutory Authority:
				  RCW
				  46.61.506. 10-24-066, §
										448-16-030, filed 11/30/10,
				  effective 12/31/10; 04-19-144, §
										448-16-030, filed 9/22/04,
				  effective 10/23/04.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-16 - Administration of breath test program › Section 448-16-040 - Foreign substances, interference, and invalid samples

Current through Register Vol. 24-14, July 15, 2024
(1) A determination as to whether a subject
			 has a foreign substance in his or her mouth will be made by either an
			 examination of the mouth or a denial by the person that he or she has any
			 foreign substances in their mouth. A test mouthpiece is not considered a
			 foreign substance for purposes of
			 RCW
			  46.61.506.
(2) If during a breath test, interference is
			 detected, this will invalidate the test. The subject will be required to repeat
			 the test. A subject whose breath registers the presence of interference on two
			 or more successive breaths shall be deemed to have a physical limitation
			 rendering them incapable of providing a valid breath sample.
(3) In the event that the instrument records
			 an "invalid sample" result at any point during the subject's test, that
			 subject's test should be readministered, after again determining that the
			 subject has no foreign substance in their mouth as outlined in WAC
			 448-16-040(1), and repeating the fifteen minute observation period.
Statutory Authority:
				  RCW
				   46.61.506. 10-24-066, §
										448-16-040, filed 11/30/10,
				  effective 12/31/10; 04-19-144, §
										448-16-040, filed 9/22/04,
				  effective 10/23/04.
Washington Administrative Code › Title 448 - State Toxicologist › Chapter 448-16 - Administration of breath test program › Section 448-16-050 - Test defined

Current through Register Vol. 24-14, July 15, 2024
A test of a person's breath for alcohol concentration will
				consist of the person exhaling end-expiratory air samples at least twice into
				the instrument, sufficient to allow two separate measurements. There will be
				sufficient time between the provision of each sample to permit the instrument
				to measure each sample individually. Two valid breath samples, provided
				consecutively, will constitute one test.
The instrument will perform this test according to the
				following protocol when being employed to quantitatively measure an
				individual's breath alcohol concentration. Successful compliance with each step
				of this protocol is determined from an inspection of the printout of results.
				These steps are necessary to ensure accuracy, precision, and confidence in each
				test.
Step 1. Data entry.
Step 2. Blank test with a result of .000.
Step 3. Internal standard verified.
Step 4. First breath sample provided by subject.
Step 5. Blank test with a result of .000.
Step 6. External standard test. The result of this test must be
				between .072 and .088, inclusive.
Step 7. Blank test with a result of .000.
Step 8. Second breath sample provided by subject.
Step 9. Blank test with a result of .000.
Step 10. Printout of results.
Statutory Authority:
				  RCW
				  46.61.506. 10-24-066, §
										448-16-050, filed 11/30/10,
				  effective 12/31/10; 04-19-144, §
										448-16-050, filed 9/22/04,
				  effective 10/23/04.