reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-420 - Model agreement for research, evaluative or statistical purposes

Current through Register Vol. 24-14, July 15, 2024
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:
1.The CRIMINAL JUSTICE AGENCY will supply the
					following items of information to the RESEARCHER:
(Describe in detail)***
. . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
2.The
					RESEARCHER will:
(a) Use the said information
					only for the research, evaluative, or statistical purposes described in the
					above mentioned written request dated. . . . . . . ., and for no other
					purpose;
(b) Limit access to said
					information to the RESEARCHER and those of the RESEARCHER'S employees whose
					responsibilities cannot be accomplished without such access, and who have been
					advised of, and agreed to comply with, the provisions of this agreement, and of
					 28 C.F.R. Part 22 ;****
(c) Store
					all said information received pursuant to this agreement in secure, locked
					containers;
(d) So far as possible,
					replace the name and address of any record subject with an alpha-numeric or
					other appropriate code;
(e)
					Immediately notify the CRIMINAL JUSTICE AGENCY in writing of any proposed
					material changes in the purposes or objectives of its research, or in the
					manner in which said information will be used.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-430 - Certification request

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-430, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-440 - Contract for support services model agreement under WAC 446-20-180

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-440, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 43.43.760,
							43.43.815 and
							43.43.838. 92-15-015, §
										446-20-440, filed 7/6/92,
							effective 8/6/92. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-440, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-450 - CHRI challenge form

Current through Register Vol. 24-14, July 15, 2024
CHRI CHALLENGE FORM
(REQUEST FOR MODIFICATION OF CHRI)
RCW   10.97.080/WAC 446-20-120
AGENCY ............... AGENCY CASE NO. .........
ADDRESS .............. DATE ...................
...............
I, (Print Name), Date of Birth hereby acknowledge receipt this
				date, ......, of a copy of a Washington State Patrol Criminal Records Division
				RAPsheet bearing SID number ......, consisting of ..... page(s) and identified
				as a history of criminal offenses charged to me.
I challenge the following specific portion(s) of the CHRI as
				being inaccurate or incomplete:
Agency
Case No.
Date
Charge
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
and request modification to read:
I further request that the following designated persons or
				agencies who have received copies of the)) record be advised of the
				modifications.
..............................
(Signature of Requestor)
Prints of right four fingers taken simultaneously
				together
Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-450, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-500 - Sex offender and kidnapping offender registration

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 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. 98-01-021, §
										446-20-500, filed 12/8/97,
							effective 1/8/98. Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 97-05-048, §
										446-20-500, filed 2/18/97,
							effective 3/21/97. Statutory Authority: 1991 c 274. 91-20-045 (Order 91-005),
							§
										446-20-500, filed 9/24/91,
							effective 10/25/91. Statutory Authority: 1990 c 3. 90-20-003 (Order 90-003),
							§
										446-20-500, filed 9/20/90,
							effective 10/21/90.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-510 - History retention

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 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. 98-01-021, §
										446-20-510, filed 12/8/97,
							effective 1/8/98. Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 97-05-048, §
										446-20-510, filed 2/18/97,
							effective 3/21/97. Statutory Authority: 1991 c 274. 91-20-045 (Order 91-005),
							§
										446-20-510, filed 9/24/91,
							effective 10/25/91. Statutory Authority: 1990 c 3. 90-20-003 (Order 90-003),
							§
										446-20-510, filed 9/20/90,
							effective 10/21/90.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-515 - Photograph/fingerprint requirement

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-515, filed 12/17/09,
							effective 1/17/10. Statutory Authority: 1991 c 274. 91-20-045 (Order 91-005),
							§
										446-20-515, filed 9/24/91,
							effective 10/25/91. Statutory Authority: 1990 c 3. 90-20-003 (Order 90-003),
							§
										446-20-515, filed 9/20/90,
							effective 10/21/90.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-520 - Photographs

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-520, filed 12/17/09,
							effective 1/17/10; 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. 92-15-015, §
										446-20-520, filed 7/6/92,
							effective 8/6/92. Statutory Authority: 1990 c 3. 90-20-003 (Order 90-003),
							§
										446-20-520, filed 9/20/90,
							effective 10/21/90.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-525 - Change of address form

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 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. 98-01-021, §
										446-20-525, filed 12/8/97,
							effective 1/8/98. Statutory Authority: 1990 c 3. 90-20-003 (Order 90-003),
							§
										446-20-525, filed 9/20/90,
							effective 10/21/90.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-530 - Refundable fee

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-530, filed 12/17/09,
							effective 1/17/10; 97-05-048, §
										446-20-530, filed 2/18/97,
							effective 3/21/97. Statutory Authority:
							RCW
							 10.97.090. 91-24-099 (Order 91-004), §
										446-20-530, filed 12/4/91,
							effective 1/4/92. Statutory Authority: 1990 c 3. 90-20-003 (Order 90-003),
							§
										446-20-530, filed 9/20/90,
							effective 10/21/90.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-600 - Fees

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 12-17-114, §
										446-20-600, filed 8/21/12,
							effective 9/21/12; 10-01-109, §
										446-20-600, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.100,
							43.43.742. 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. 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. 96-18-017, §
										446-20-600, filed 8/26/96,
							effective 9/26/96.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-610 - Superintendent of public instruction-Prospective educational employees-Fees

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-610, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 43.43.830 - 43.43.845. 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.
							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. 96-18-017, §
										446-20-610, filed 8/26/96,
							effective 9/26/96.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-630 - Department of social and health services-Child care licensing-Fees

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-630, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 43.43.830 - 43.43.845. 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. 96-18-017, §
										446-20-630, filed 8/26/96,
							effective 9/26/96.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-30 - Disposition of vehicles seized for altered vehicle identification numbers - Hearings › Section 446-30-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
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 46.12.330)
						relating to the disposition of motor vehicles, motorcycles, motor-driven
						cycles, trailers, vessels, motorboats, or component parts thereof impounded by
						the Washington state patrol.
Statutory Authority: RCW  46.12.330. 00-02-069, §
										446-30-010, filed 1/4/00,
							effective 2/4/00; Order II, §
										446-30-010, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-30 - Disposition of vehicles seized for altered vehicle identification numbers - Hearings › Section 446-30-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) The term
					"aggregate value" of an article or articles whose ownership is in question
					shall 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" shall encompass the plural "articles" and includes motor vehicles,
					motorcycles, motor-driven cycles, trailers, vessels, motorboats, or component
					parts thereof.
Order II, §
										446-30-020, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-30 - Disposition of vehicles seized for altered vehicle identification numbers - Hearings › Section 446-30-030 - Hearing officer

Current through Register Vol. 24-14, July 15, 2024
The hearing shall be conducted by a person appointed by the
						chief of the Washington state patrol. The hearing shall be conducted at a place
						within the state designated by the hearing officer who shall 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, shall 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, he shall order the
						article released to such party.
Order II, §
										446-30-030, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-30 - Disposition of vehicles seized for altered vehicle identification numbers - Hearings › Section 446-30-040 - Procedure

Current through Register Vol. 24-14, July 15, 2024
(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 chapter 124, Laws of
					1974 1st ex. sess. (RCW 9.54.030(3)), 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 shall 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 shall 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 shall be
					contacted to determine the current market value.
(3) The hearing officer, after having heard
					all pertinent evidence submitted to him, shall make written findings of fact
					based on the evidence and written conclusions based on his findings and
					applicable law in accordance with WAC
					446-08-410. The findings and
					conclusions of the hearing officer shall 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 shall 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 order of disposition pending the outcome of the appeal to a court of
					competent jurisdiction.
Order II, §
										446-30-040, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-30 - Disposition of vehicles seized for altered vehicle identification numbers - Hearings › Section 446-30-050 - Burden of proof

Current through Register Vol. 24-14, July 15, 2024
The person or party in interest claiming to be the lawful owner
						or to have the lawful right to possession shall have the burden of establishing
						his claim of ownership.
Order II, §
										446-30-050, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-30 - Disposition of vehicles seized for altered vehicle identification numbers - Hearings › Section 446-30-060 - Record

Current through Register Vol. 24-14, July 15, 2024
Any oral proceedings shall be recorded on tape and such tape
						shall become part of the hearing record.
Order II, §
										446-30-060, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-30 - Disposition of vehicles seized for altered vehicle identification numbers - Hearings › Section 446-30-070 - Appeal

Current through Register Vol. 24-14, July 15, 2024
Appeal from the decision of the hearing officer to a superior
						court by an interested party aggrieved by a decision in a contested case shall
						be in accordance with RCW 34.04.130 and applicable court
						rules.
Order II, §
										446-30-070, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-40 - Disability retirements - Applications - Decisions - Appeals › Section 446-40-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this regulation is to provide an administrative
						procedure and standards for disability retirements under
						RCW
						 43.43.040.
Order II, §
										446-40-010, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-40 - Disability retirements - Applications - Decisions - Appeals › Section 446-40-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
							RCW
							43.43.040. 89-10-015 (Order 89-01-RD), §
										446-40-020, filed 4/24/89; Order
							II, §
										446-40-020, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-40 - Disability retirements - Applications - Decisions - Appeals › Section 446-40-025 - Line duty disabilities

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-40 - Disability retirements - Applications - Decisions - Appeals › Section 446-40-030 - Application for disability

Current through Register Vol. 24-14, July 15, 2024
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.
Order II, §
										446-40-030, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-40 - Disability retirements - Applications - Decisions - Appeals › Section 446-40-040 - Application by member or personnel officer

Current through Register Vol. 24-14, July 15, 2024
(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.
Order II, §
										446-40-040, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-40 - Disability retirements - Applications - Decisions - Appeals › Section 446-40-050 - Action by chief

Current through Register Vol. 24-14, July 15, 2024
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.
Order 4, §
										446-40-050, filed 2/27/76; Order
							II, §
										446-40-050, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-40 - Disability retirements - Applications - Decisions - Appeals › Section 446-40-060 - Finality of chief's decision - Exception

Current through Register Vol. 24-14, July 15, 2024
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.
Order II, §
										446-40-060, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-40 - Disability retirements - Applications - Decisions - Appeals › Section 446-40-070 - The board - Responsibilities and functions

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
							RCW
							43.43.040. 93-15-074, §
										446-40-070, filed 7/19/93,
							effective 8/19/93; 82-22-004 (Order 82-6), §
										446-40-070, filed 10/21/82;
							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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-40 - Disability retirements - Applications - Decisions - Appeals › Section 446-40-080 - Procedure

Current through Register Vol. 24-14, July 15, 2024
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.
Order 4, §
										446-40-080, filed 2/27/76; Order
							II, §
										446-40-080, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-40 - Disability retirements - Applications - Decisions - Appeals › Section 446-40-090 - Responsibility of member

Current through Register Vol. 24-14, July 15, 2024
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.
Order II, §
										446-40-090, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-40 - Disability retirements - Applications - Decisions - Appeals › Section 446-40-100 - Duties of board following hearing

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
							RCW
							43.43.040. 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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-40 - Disability retirements - Applications - Decisions - Appeals › Section 446-40-110 - Decision by the chief

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
							RCW
							43.43.040. 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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-40 - Disability retirements - Applications - Decisions - Appeals › Section 446-40-130 - Statement of earnings and status

Current through Register Vol. 24-14, July 15, 2024
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.
Order 4, § 446-40-120, (codified as WAC
							446-40-130), filed 2/27/76;
							Order II, §
										446-40-130, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-50 - Transportation of hazardous materials › Section 446-50-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
Chapter 46.48
						RCW authorizes the Washington state patrol acting by and through its chief
						after conferring with the committee created by RCW 46.48.190 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.
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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-50 - Transportation of hazardous materials › Section 446-50-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority: RCW 46.48.190. 81-03-008 (Order 80-2),
							§
										446-50-020, filed 1/8/81;
							80-01-009 (Order 79-4), §
										446-50-020, filed
							12/11/79.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-50 - Transportation of hazardous materials › Section 446-50-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority: RCW 46.48.190. 80-01-009 (Order 79-4),
							§
										446-50-030, filed
							12/11/79.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-50 - Transportation of hazardous materials › Section 446-50-050 - Inspection

Current through Register Vol. 24-14, July 15, 2024
All carriers of radioactive waste materials within the state
						shall submit to a comprehensive safety equipment inspection conducted by
						members of the Washington state patrol. These equipment inspections shall be
						conducted under the authority of
						RCW
						 46.48.170 through
						46.48.190.
Statutory Authority: RCW 46.48.190. WSR 80-01-009 (Order
							79-4), §
										446-50-050, filed
							12/11/79.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-50 - Transportation of hazardous materials › Section 446-50-060 - Inspection forms

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority: RCW 46.48.190. 80-01-009 (Order 79-4),
							§
										446-50-060, filed
							12/11/79.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-50 - Transportation of hazardous materials › Section 446-50-070 - Intrastate quarterly inspection

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority: RCW 46.48.190. 80-01-009 (Order 79-4),
							§
										446-50-070, filed
							12/11/79.