reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-060 - Former employee as expert witness

Current through Register Vol. 24-14, July 15, 2024
No former employee of the agency shall, at any time after
						severing his or her employment with the state of Washington appear, except with
						the written permission of the agency, as an expert witness on behalf of other
						parties in a formal proceeding wherein the former employee previously took an
						active part in the investigation as a representative of the
						agency.
Order II, §
										446-08-060, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-070 - Computation of time

Current through Register Vol. 24-14, July 15, 2024
In computing any period of time prescribed or allowed by this
						chapter or any applicable statute, the day of the act, event, or default after
						which the designated period of time begins to run is not to be included. The
						last day of the period so computed is to be included, unless it is a Saturday,
						Sunday, or a legal holiday, in which event the period runs until the end of the
						next day which is neither a Saturday, Sunday nor a holiday. When the period of
						time prescribed or allowed is less than seven days, intermediate Saturdays,
						Sundays and holidays shall be excluded in the computation.
Order II, §
										446-08-070, filed 11/22/74; Rule
							.08.070, filed 3/23/60.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-080 - Notice and opportunity for hearing in contested cases

Current through Register Vol. 24-14, July 15, 2024
In any contested case, all parties shall be served with a
						notice of trial board hearing within ten calendar days before the date set for
						hearing. The notice shall state the time, place, and issues
						involved.
Order II, §
										446-08-080, filed 11/22/74; Rule
							.08.080, filed 3/23/60.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-090 - Service

Current through Register Vol. 24-14, July 15, 2024
(1) All notices,
					pleadings, and other papers filed with the hearing officer shall be served upon
					all counsel and representatives of record and upon unrepresented parties or
					upon their agents designated by them or by law.
(2) Service shall be made personally or,
					unless otherwise provided by law, by first-class, registered, or certified
					mail; or by commercial parcel delivery company.
(3) Service by mail shall be regarded as
					completed upon deposit in the United States mail properly stamped and
					addressed. Service by commercial parcel delivery shall be regarded as completed
					upon delivery to the parcel delivery company, properly addressed with charges
					prepaid.
(4) Proof of service.
					Where proof of service is required by statute or rule, filing the papers with
					the hearing officer, together with one of the following, shall constitute proof
					of service:
(a) An acknowledgment of
					service.
(b) A certificate that the
					person signing the certificate served the papers upon all parties of record in
					the proceeding by delivering a copy thereof in person to (names).
(c) A certificate that the person signing the
					certificate served the papers upon all parties of record in the proceeding by:
(i) Mailing a copy thereof, properly
					addressed with postage prepaid, to each party to the proceeding or his or her
					attorney or authorized agent; or
(ii) Depositing a copy thereof, properly
					addressed with charges prepaid, with a commercial parcel delivery
					company.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-140 - Filing

Current through Register Vol. 24-14, July 15, 2024
Papers required to be filed with the agency shall be deemed
						filed upon actual receipt during office hours at the Washington state patrol
						headquarters.
Order II, §
										446-08-140, filed 11/22/74; Rule
							.08.140, filed 3/23/60.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-150 - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1) Every subpoena
					shall state the name of the agency and the title of the proceeding and shall
					command the person to whom it is directed to attend and give testimony, or
					produce designated books, documents or things under his or her control at a
					hearing.
(2) Subpoenas may be
					signed and issued by any member of the board, or the hearing officer, or the
					attorney of record of the party requiring the appearance of the witness.
					Parties desiring subpoenas to be signed by a member of the board or hearing
					officer must prepare subpoenas for issuance and submit the subpoenas for
					signature at least ten calendar days before a hearing.
(3) Parties requesting subpoenas must make
					arrangements for and bear the expense of service. All subpoenas must be served
					at least ten calendar days before a hearing.
(4) Subpoenas must be personally served in
					one of the following ways:
(a) By any
					suitable person over eighteen years of age;
(b) By exhibiting and reading it to the
					witness, or by giving him or her a copy thereof; or
(c) By leaving such copy at the place of his
					or her abode.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-180 - Fees

Current through Register Vol. 24-14, July 15, 2024
Witnesses summoned before the board shall be paid by the party
						at whose instance they appear the same fees and mileage that are paid to
						witnesses in the superior courts of the state of Washington: EXCEPT, if the
						witness works for the agency and is on duty at the time he or she appears as a
						witness on behalf of the agency.
Order II, §
										446-08-180, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-200 - Quashing a subpoena

Current through Register Vol. 24-14, July 15, 2024
(1) A
					party to the appeal or the person to whom the subpoena, or subpoena duces
					tecum, is directed may make a motion to quash. The motion must be made promptly
					and in any event at least five days before the time specified in the subpoena
					for compliance therewith.
(2) The
					hearing officer may :
(a) Quash or modify the
					subpoena if it is unreasonable or requires evidence not relevant to any matter
					in issue; or
(b) Condition denial
					of the motion upon just and reasonable conditions.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-210 - Enforcement of a subpoena

Current through Register Vol. 24-14, July 15, 2024
Upon application and for good cause shown the agency will seek
						judicial enforcement of subpoenas issued to parties and which have not been
						quashed. Enforcement of a subpoena shall be according to
						RCW
						 34.05.446 and
						34.05.588(1).
Order II, §
										446-08-210, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-220 - Geographical scope

Current through Register Vol. 24-14, July 15, 2024
Such attendance of witnesses and such production of evidence
						may be required from any place in the state of Washington, at any designated
						place of hearing.
Order II, §
										446-08-220, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-230 - No discovery allowed

Current through Register Vol. 24-14, July 15, 2024
There shall be no discovery allowed in the proceedings under
						this chapter. The record for hearing shall include:
(1) The entire office of professional
					standards investigation file for the conduct at issue before the board, the
					entire personnel record for the accused employee, including any training
					records and the employee's work history;
(2) Previous office of professional
					standards' investigations and files for the accused employee, when appropriate;
					and
(3) Any other information
					considered by the appointing authority in determining the discipline to be
					imposed.
Order II, §
										446-08-230, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-370 - Official notice

Current through Register Vol. 24-14, July 15, 2024
The hearing officer or board, upon request made before or
						during a hearing, may take official notice of facts pursuant to
						RCW
						 34.05.452(5).
Order II, §
										446-08-370, filed 11/22/74; Rule
							.08.370, filed 3/23/60.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-380 - Evaluation of evidence

Current through Register Vol. 24-14, July 15, 2024
Nothing herein shall be construed to preclude the hearing
						officer or board from utilizing their experience, technical competence, and
						specialized knowledge in the evaluation of the evidence presented to
						them.
Order II, §
										446-08-380, filed 11/22/74; Rule
							.08.380, filed 3/23/60.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-405 - Burden of proof

Current through Register Vol. 24-14, July 15, 2024
The employer bears the burden of proof in any disciplinary
						matter. Said proof shall be by a preponderance of the
						evidence.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-410 - Form and content of trial board decision

Current through Register Vol. 24-14, July 15, 2024
Every deci-sion of the trial board shall contain only the
						following elements:
(1) Be correctly
					captioned as to name of agency and name of proceeding;
(2) Designate all parties and counsel
					participating in the proceeding;
(3) Include a concise statement of the nature
					and background of the proceeding;
(4) Contain appropriate numbered findings of
					fact meeting the requirements of
					RCW
					 34.05.461;
(5) Contain appropriate numbered conclusions
					of law including citations of statutes, rules, and regulations relied
					upon;
(6) In its findings and
					conclusions, the legal standard for determining whether the charges are
					sustained shall be the existence or nonexistence of cause as provided in
					RCW
					 43.43.070; and
(7) Contain an initial order disposing of all
					contested issues and complying with the constraints contained in
					RCW
					 43.43.090.
Order II, §
										446-08-410, filed 11/22/74; Rule
							.08.410, filed 3/23/60.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-415 - Form and content of final decision

Current through Register Vol. 24-14, July 15, 2024
Every final decision issued by the chief of the Washington
						state patrol shall:
(1) Name of the
					agency and name of proceeding;
(2)
					List all parties and counsel participating in the proceeding;
(3) Include a concise statement of the nature
					and background of the proceeding;
(4) Contain appropriate numbered findings of
					fact meeting the requirements of
					RCW
					 34.05.461 and
					43.43.090:
(a) However, where the chief adopts, in whole
					or in part, the factual findings of the trial board, the chief may so
					state;
(b) Where the chief changes
					a finding of fact as allowed in
					RCW
					 43.43.090, the chief shall set forth the
					reasons for the different factual findings, as set forth in
					RCW
					 34.05.461.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-420 - Definition of issues before hearing

Current through Register Vol. 24-14, July 15, 2024
In all proceedings the issues to be adjudicated must be made
						initially as precise as possible, in order that the hearing officer or board
						may proceed promptly to conduct the hearing on relevant and material matter
						only.
Order II, §
										446-08-420, filed 11/22/74; Rule
							.08.420, filed 3/23/60.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-430 - Prehearing conference rule - Authorized

Current through Register Vol. 24-14, July 15, 2024
(1) The hearing officer may direct the
					parties or their counsel to engage in a prehearing conference(s) to consider
					the following:
(a) The simplification of
					issues;
(b) The necessity of
					amendments to the pleading;
(c) The
					possibility of obtaining stipulations, admissions of facts and admissions of
					the genuineness of documents that will avoid unnecessary proof;
(d) The limitation of the number of expert
					witnesses;
(e) Number of witnesses
					expected to be called and their names when possible;
(f) Approximate time necessary for
					presentation of the evidence of the respective parties;
(g) Whether or when motions may be
					brought;
(h) Exhibits;
(i) Such other matters as may aid in the
					disposition of the proceeding.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-440 - Record of conference action

Current through Register Vol. 24-14, July 15, 2024
(1)
					The hearing officer shall make an order or statement which recites the action
					taken at the conference, including agreements made by the parties as to any of
					the matters considered, including the settlement or simplification of issues,
					and which limits the issues for hearing to those not disposed of by admissions
					or agreements; and such order or statement shall control the subsequent course
					of the proceeding unless modified for good cause by subsequent order. If no
					objection to such order is filed within ten days after the date such order is
					mailed, it shall control the subsequent course of the proceeding unless
					modified for good cause by subsequent order.
(2) In any proceeding the hearings officer
					may, in his or her discretion, conduct a conference prior to the taking of
					testimony, or may recess the hearing for such conference, for the purpose of
					carrying out the purpose of this chapter. The hearing officer shall state on
					the record the results of such conference.
(3) Nothing in this chapter shall be
					construed to limit the right of an agency to attempt informal settlement of an
					adju-dicative proceeding at any time.
Order II, §
										446-08-440, filed 11/22/74; Rule
							.08.440, filed 3/23/60.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-450 - Submission of documentary evidence in advance

Current through Register Vol. 24-14, July 15, 2024
Where practicable, the hearing officer or board may
						require:
(1) That all documentary
					evidence which is to be offered during the taking of evidence be submitted to
					the hearing officer or board and to the other parties to the proceeding
					sufficiently in advance of such taking of evidence to permit study and
					preparation of cross-examination and rebuttal evidence;
(2) That documentary evidence not submitted
					in advance, as may be required by subsection (1) of this section, not be
					received in evidence in the absence of a clear showing that the offering party
					had good cause for the failure to produce the evidence sooner;
(3) That the authenticity of all documents
					submitted in advance in a proceeding in which such submission is required, will
					be deemed admitted unless written objection thereto is filed prior to the
					hearing, except that a party will be permitted to challenge such authenticity
					at a later time upon a clear showing of good cause for failure to have filed
					such written objection;
(4) When
					portions only of a document are to be relied upon, the offering party shall
					prepare the pertinent excerpts, adequately identified, and shall supply copies
					of such excerpts, together with a statement indicating the purpose for which
					such materials will be offered to the hearing officer or board and to the other
					parties. Only the excerpts, so prepared and submitted, shall be received in the
					record. However, the whole of the original document shall be made available for
					examination and for use by all parties to the proceeding.
Order II, §
										446-08-450, filed 11/22/74; Rule
							.08.450, filed 3/23/60.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-470 - Expert or opinion testimony

Current through Register Vol. 24-14, July 15, 2024
The hearing officer may require that the parties submit to the
						hearing officer or board and to the other parties written statements
						containing: The names, addresses and qualifications of their respective opinion
						or expert wit-nesses: Any reports of the experts; and the nature of the
						testimony expected by the expert, by a date determined by the hearing officer
						and fixed sufficiently in advance of the hearing to permit the other interested
						parties to investigate such qualifications.
Order II, §
										446-08-470, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-490 - Supporting data of experts

Current through Register Vol. 24-14, July 15, 2024
The hearing officer or board, in its discretion but consistent
						with the rights of the parties, shall cause the parties to make available for
						inspection in advance of the hearing, and for purposes of cross-examination at
						the hearing, the data underlying statements and exhibits submitted in
						accordance with WAC
						446-08-470, but wherever
						practicable must restrict to a minimum the placing of such data in the
						record.
Order II, §
										446-08-490, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-500 - Effect of noncompliance with WAC 446-08-470 or 446-08-490

Current through Register Vol. 24-14, July 15, 2024
Whenever the manner of introduction of opinion or expert
						testimony is governed by requirements fixed under the provisions of WAC
						446-08-470 or
						446-08-490, such testimony not
						submitted in accordance with the relevant requirements shall not be received in
						evidence in the absence of a clear showing that the offering party had good
						cause for his or her failure to conform to such requirements.
Order II, §
										446-08-500, filed
							11/22/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-510 - Continuances

Current through Register Vol. 24-14, July 15, 2024
Any party who desires a continuance shall, immediately upon
						receipt of notice of a hearing, or as soon thereafter as facts requiring such
						continuance come to his or her knowledge, notify the hearing officer and board
						of said desire, stating in detail the reasons why such continuance is
						necessary. The hearing officer and board, in passing upon a request for
						continuance, shall consider whether such request was promptly and timely made.
						For good cause shown, the hearing officer and board may grant such a
						continuance and may at any time order a continuance upon its own or a party's
						motion. During a hearing, if it appears in the public interest or in the
						interest of justice that further testimony or argument should be received, the
						hearing officer and board may, in its discretion, continue the hearing and fix
						the date for introduction of additional evidence or presentation of argument.
						Such oral notice shall constitute final notice of such continued
						hearing.
Order II, §
										446-08-510, filed 11/22/74; Rule
							.08.510, filed 3/23/60.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-520 - Rules of evidence - Admissibility criteria

Current through Register Vol. 24-14, July 15, 2024
(1) Subject to the other provisions of these
					rules, all relevant evidence is admissible which, in the opinion of the hearing
					officer or board, is the kind of evidence on which reasonably prudent persons
					are accustomed to rely in the conduct of their business, or is the best
					evidence reasonably obtainable, having due regard for its necessity,
					availability, and trustworthiness.
(2) If not inconsistent with subsection (1)
					of this section, the hearing officer shall refer to the Washington rules of
					evidence as guidelines for evidentiary rulings.
Order II, §
										446-08-520, filed 11/22/74; Rule
							.08.520, filed 3/23/60.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-530 - Exclusion - Discontinuance - Objections

Current through Register Vol. 24-14, July 15, 2024
The hearing officer or board may, in its discretion, either
						with or without object, exclude inadmissible evidence or order cumulative
						evidence discontinued. Parties objecting to the introduction of evidence shall
						state the precise grounds of such objection at the time such evidence is
						offered.
Order II, §
										446-08-530, filed 11/22/74; Rule
							.08.530, filed 3/23/60.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-550 - Testimony under oath or affirmation-Who may administer oath-Refusal to testify

Current through Register Vol. 24-14, July 15, 2024
(1)
					Every person called as a witness in a hearing shall swear or affirm that the
					testimony he or she is about to give in the hearing shall be the truth
					according to the provisions of
					RCW
					 5.28.020 through
					5.28.060.
(2) The hearing examiner or court reporter
					may administer the oath or affirmation to the witness.
(3) Testimony by affidavit is not admitted at
					a trial board except for good cause shown, or as otherwise permitted in these
					rules, as provided in a prehearing conference statement or by stipulation of
					the parties.
(4) The refusal of a
					witness to answer any question which has been ruled to be proper shall, in the
					discretion of the hearing officer or board, be grounds for striking all
					testimony previously given by such witness on a related matter.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-560 - Hearing officer authority

Current through Register Vol. 24-14, July 15, 2024
The hearing officer shall have the authority to:
(1) Rule on evidentiary matters during the
					course of the hearing;
(2) Take
					official notice of facts pursuant to
					RCW
					 34.05.452(5);
(3) Regulate the course of the hearing and
					take any appropriate action necessary to maintain order during the
					hearing;
(4) Permit or require oral
					argument or briefs and determine the time limits for submission thereof;
					and
(5) Take any other action
					necessary and authorized by any applicable statute or rule.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-08 - Practice and procedure › Section 446-08-570 - Board's right to call and question witnesses

Current through Register Vol. 24-14, July 15, 2024
The board may:
(1)
					Question witnesses called by the parties to develop any facts deemed necessary
					to fairly and adequately decide the matter; and
(2) Call additional witnesses and request
					additional exhibits deemed necessary to complete the record and receive such
					evidence subject to full opportunity for cross-examination and rebuttal by all
					parties.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-09 - Firearms background check › Section 446-09-010 - Right to appeal

Current through Register Vol. 24-14, July 15, 2024
If the appellant believes they have been erroneously denied a
				firearms transfer due to a determination made by the Washington state patrol
				firearms background division, they have the right to appeal that determination,
				within three years of the submission of the original background check.
(1) The appellant may submit their appeal by:
(a) Obtaining an appeal form at
www.wsp.wa.gov/firearms-background-division
.
(b) The appeal document must be notarized to
			 provide proof of identity.
(c) The
			 appellant must submit the appeal form along with an image of the identification
			 to firearmappeal@wsp.wa.gov or Washington State Patrol, Firearms Background
			 Appeals, P.O. Box 42619, Olympia, WA 98503.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-10 - Public records › Section 446-10-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
					 42.56.070(1) requires each
					agency to make available for inspection and copying nonexempt "public records"
					in accordance with published rules. The act defines "public record" to include
					any "writing containing information relating to the conduct of government or
					the performance of any governmental or proprietary function prepared, owned,
					used, or retained" by the agency.
					RCW
					 42.56.070(2) requires each
					agency to set forth "for informational purposes" every law, in addition to the
					Public Records Act (the act), that exempts or prohibits the disclosure of
					public records held by that agency.
(2) The purpose of these rules is to
					establish the procedures the Washington state patrol shall follow in order to
					provide full access to public records. These rules provide information to
					persons wishing to request access to public records of the Washington state
					patrol and establish processes for both requestors and Washington state patrol
					staff that are designed to best assist members of the public in obtaining such
					access.
(3) The purpose of the act
					is to provide the public full access to information concerning the conduct of
					government, mindful of individuals' privacy rights and the desirability of the
					efficient administration of government. In carrying out its responsibilities
					under the act, the Washington state patrol shall be guided by the provisions of
					the act describing its purposes and interpretation.
Statutory Authority:
							RCW
							42.56.040 through 46.56.570 [42.56.570].
							07-04-039, §
										446-10-010, filed 1/30/07,
							effective 3/2/07. Statutory Authority: RCW  42.17.250. 79-04-037 (Order 79-2),
							§
										446-10-010, filed
							3/23/79.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-10 - Public records › Section 446-10-030 - Description of central and field organizations of the Washington state patrol

Current through Register Vol. 24-14, July 15, 2024
(1) The Washington state patrol is a law
			 enforcement agency. The Washington state patrol is headquartered in the Helen
			 Sommers Building, 106 -11th Avenue S.W., Olympia, Washington 98504. The
			 department has eight district headquarters with working addresses as follows:
District
I
- 2502 112th Street East, Tacoma 98445-5104
District
II
- 2803 - 156th Avenue S. E., Bellevue 98007
District
III
- 2715 Rudkin Road, Union Gap 98903
District
IV
- West 6403 Rowand Road, Spokane 99204-5300
District
V
- 11018 N.E. 51st Circle, Vancouver 98682-3812
District
VI
- 2822 Euclid Avenue, Wenatchee 98801-5916
District
VII
- 2700 116th Street N.E., Marysville 98271-9425
District
VIII
- 4811 Werner Road, Bremerton 98312-3333
(2) Any
			 person wishing to request access to public records of the Washington state
			 patrol, or seeking assistance in making such a request, shall contact the public
			 records officer of the Washington state patrol:
Public Records Officer
Washington State Patrol
P.O. Box 42631
Olympia, WA 98504
Phone: 360-596-4137
Fax: 360-596-4153
Email: pubrecs@wsp.wa.gov
Information is also available at the Washington state patrol's
				website at
http://www.wsp.wa.gov/
.
(3) The public records officer shall oversee
			 compliance with the act, but another Washington state patrol staff member may
			 process the request. Therefore, these rules shall refer to the public records
			 officer "or designee." The public records officer or designee and the Washington
			 state patrol shall provide the "fullest assistance" to requestors; create and
			 maintain for use by the public and Washington state patrol officials an index to
			 public records of the Washington state patrol; ensure that public records are
			 protected from damage or disorganization; and prevent fulfilling public records
			 requests from causing excessive interference with essential functions of the
			 Washington state patrol.
Statutory Authority:
							RCW
							 42.56.040. 08-20-074, §
										446-10-030, filed 9/26/08,
							effective 10/27/08. Statutory Authority:
							RCW
							 42.56.040 through 46.56.570 [42.56.570].
							07-04-039, §
										446-10-030, filed 1/30/07,
							effective 3/2/07. Statutory Authority: RCW  42.17.250. 95-24-041, §
										446-10-030, filed 11/30/95,
							effective 12/31/95; 79-04-037 (Order 79-2), §
										446-10-030, filed
							3/23/79.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-10 - Public records › Section 446-10-040 - Operations and procedures

Current through Register Vol. 24-14, July 15, 2024
The department has and exercises throughout the states such
						police powers and duties as are vested in sheriffs and peace officers
						generally, and such other powers and duties as are presented by
						chapter
						43.43 RCW and other
						applicable RCW chapters. The members of the department enforce, throughout the
						state, laws having statewide application. The individual officer assumes his
						law enforcement role after a period of rigorous training, and is vested with
						certain discretion in his contact with alleged law violators in the same degree
						as are sheriffs and other peace officers. His role also encompasses providing
						nonlaw enforcement assistance to members of the public within his competence
						and training, including first aid, traffic direction, aid to stranded
						motorists, etc.
Statutory Authority: RCW 42.17.250. 79-04-037 (Order 79-2),
							§
										446-10-040, filed
							3/23/79.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-10 - Public records › Section 446-10-050 - Availability of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Hours
			 for inspection of records.
Public records are available for inspection and
			 copying during normal business hours of the Washington state patrol; 8:00 a.m. to
			 noon, and 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal
			 holidays. Records must be inspected at the offices of the Washington state
			 patrol.
(2)
Records
			 index.
An index of public records is available for use by members of the
			 public. The index includes a list of current manuals of the Washington state
			 patrol, a current list of laws, other than those listed in chapter 42.56 RCW,
			 that exempts or prohibits disclosure of specific information or records, and
			 current
Washington Administrative Code
agency rules. The index
			 may be accessed online at
www.wsp.wa.gov/
,
			 or at any public Washington state patrol office.
(3)
Organization of records.
The
			 Washington state patrol shall maintain its records in a reasonably organized
			 manner. The Washington state patrol shall take reasonable actions to protect
			 records from damage and disorganization. A requestor shall not take Washington
			 state patrol records from Washington state patrol offices without the permission
			 of the public records officer or designee. Records may be available on the
			 Washington state patrol website at
www.wsp.wa.gov/
. Requestors are encouraged to view
			 the documents available on the web site prior to submitting a records
			 request.
(4)
Making a request
			 for public records.
(a) Any person
			 wishing to inspect or obtain copies of public records of the Washington state
			 patrol can make their request by:
* Using the Washington state patrol online portal at
www.wsp.wa.gov
; or
* Submitting a request form (
www.wsp.wa.gov
); or
* A letter; or
* Email to pubrecs@wsp.wa.gov.
(b) Each request should include the following
			 information:
* Name of requestor;
* Address of requestor;
* Other contact information, including telephone number and/or
				any email address; and
* Identification of the public records adequate for the public
				records officer or designee to locate the records.
(c) If the requestor wishes to inspect rather
			 than obtain copies of records, they shall indicate this preference in their
			 request. Pursuant to WAC 446-10-090, standard photocopies shall be provided at
			 fifteen cents per page, plus postage.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-10 - Public records › Section 446-10-080 - Processing of requests for public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Providing "fullest
					assistance."
The Washington state patrol is charged by statute with
					adopting rules which provide for how it shall "provide full access to public
					records," "protect records from damage or disorganization," "prevent excessive
					interference with other essential functions of the agency," provide "fullest
					assistance" to requestors, and provide the "most timely possible action" on
					public records requests. The public records officer or designee shall process
					requests in the order they are received and allowing for the most requests to
					be processed in the most efficient manner.
(2)
Acknowledging receipt of
					request.
Within five business days of receipt of the request, the public
					records officer or designee shall do one or more of the following:
(a) Make the records available for
					inspection;
(b) Provide the
					requested records (or provide a bill for the records if applicable) to the
					requestor;
(c) Provide a reasonable
					estimate of when records shall be available; or
(d) Deny the request, and providing a
					statutory explanation as to the reason for the denial.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-10 - Public records › Section 446-10-090 - Costs for providing copies of public records

Current through Register Vol. 24-14, July 15, 2024
(1) The following copy fees and payment
					procedures apply to requests to the agency under chapter 42.56 RCW.
(2)
Actual costs.
Pursuant to
					RCW
					 42.56.120(2)(b), the agency
					is not calculating all actual costs for copying records because to do so would
					be unduly burdensome for the following reasons:
(a) The agency does not have the resources to
					conduct a study to determine all its actual copying costs;
(b) To conduct such a study would interfere
					with other essential agency functions; and
(c) Through the 2017 legislative process, the
					public and requestors have commented on and been informed of authorized fees
					and costs, including for electronic records, provided in
					RCW
					 42.56.120(2)(b) and (c), (3) and
					(4).
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-10 - Public records › Section 446-10-100 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The Public
					Records Act,
					chapter
					42.56 RCW, provides that a
					number of types of documents are exempt from public inspection and copying. In
					addition, documents are exempt from disclosure if any "other statute" exempts
					or prohibits disclosure. A list of statutes containing exemptions, outside the
					Public Records Act, that restrict the availability of some documents held by
					Washington state patrol for inspection and copying can be found in the
					Washington state patrol public records index which is available on-line at
www.wsp.wa.gov/
or at any Washington state
					patrol public office.
(2) The
					Washington state patrol is prohibited by statute from disclosing lists of
					individuals for commercial purposes.
Statutory Authority:
							RCW
							42.56.040 through 46.56.570 [42.56.570].
							07-04-039, §
										446-10-100, filed 1/30/07,
							effective 3/2/07. Statutory Authority: RCW  42.17.250. 79-04-037 (Order 79-2),
							§
										446-10-100, filed
							3/23/79.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-10 - Public records › Section 446-10-110 - Review of denials of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Petition for internal
					administrative review of denial of access.
Any person who objects to the
					initial denial or partial denial of a request for a public record may petition
					for prompt review of such decision by tendering a written request for review.
					The petition shall include a copy of, or reasonably identify, the written
					statement by the public records officer or designee denying the
					request.
(2)
Consideration of
					petition for review.
The public records officer shall promptly provide
					the petition and any other relevant information to the chief or designee. The
					chief or designee shall immediately consider the petition and either affirm or
					reverse the denial within two business days following the Washington state
					patrol's receipt of the petition, or within such other time as the Washington
					state patrol and the requestor mutually agree upon.
(3)
Review by the attorney general's
					office.
Pursuant to
					RCW
					 42.56.530, if the Washington state patrol
					denies a requestor access to public records because it claims the record is
					exempt in whole or in part from disclosure, the requestor may request the
					attorney general's office review the matter. The attorney general has adopted
					rules on such requests in WAC
					44-06-160.
(4)
Judicial review.
Any person
					may obtain court review of denials of public records requests pursuant to
					RCW
					 42.56.550 at the conclusion of two business
					days after the initial denial regardless of any internal administrative
					approval.
Statutory Authority:
							RCW
							42.56.040 through 46.56.570 [42.56.570].
							07-04-039, §
										446-10-110, filed 1/30/07,
							effective 3/2/07. Statutory Authority: RCW  42.17.250. 79-04-037 (Order 79-2),
							§
										446-10-110, filed
							3/23/79.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-16 - Washington state identification section › Section 446-16-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of these rules, the following words and
				phrases will have the following meanings:
(1) "Criminal history record information"
			 includes, and will be restricted to identifying data and information recorded
			 as the result of an arrest or other initiation of criminal proceedings and the
			 consequent proceedings related thereto. "Criminal history record information"
			 will not include intelligence, analytical or investigative reports and
			 files.
(2) "Criminal justice
			 agencies" are those public agencies within or outside the state which perform,
			 as a principal function, activities directly relating to the apprehension,
			 prosecution, adjudication or rehabilitation of criminal offenders.
(3) "Disposition" means the formal conclusion
			 of a criminal proceeding at whatever stage it occurs in the criminal justice
			 system.
(4) " Division" means the
			 criminal records division of the Washington state patrol.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-16-010, filed 12/17/09,
							effective 1/17/10; 97-05-048, §
										446-16-010, filed 2/18/97,
							effective 3/21/97; Order 1, §
										446-16-010, filed
							2/11/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-16 - Washington state identification section › Section 446-16-020 - Scope of the rules

Current through Register Vol. 24-14, July 15, 2024
Criminal history record information will not be released or
				inspected except in accordance with RCW   43.43.700 et seq., RCW   10.97.050, and
				these rules.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-16-020, filed 12/17/09,
							effective 1/17/10; Order 1, §
										446-16-020, filed
							2/11/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-16 - Washington state identification section › Section 446-16-025 - Deletion of arrest records

Current through Register Vol. 24-14, July 15, 2024
(1) A person
			 desiring the destruction of his or her fingerprints and/or other identifying
			 data, pursuant to RCW   43.43.730, must make his or her request on a form
			 furnished by the division.
(2) The
			 request must be completed, signed by the person whose record is sought to be
			 deleted and his or her signature witnessed. It must include the address of the
			 applicant, the printed name and the address of the witness to the applicant's
			 signature and such other information requested on the application as identifies
			 the applicant and the offense for which the request of deletion is
			 made.
(3) The request must include
			 proof that the person making the request for deletion is the same person whose
			 fingerprints or other identifying data are sought to be deleted. Such proof
			 must include fingerprints of the applicant.
(4) The request must include the information
			 necessary for the division to determine whether the request is consistent with
			 RCW   10.97.060 including all details pertaining to the decision not to
			 prosecute, dismissal, or acquittal of the offense for which the fingerprints or
			 other identifying data were taken.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-16-025, filed 12/17/09,
							effective 1/17/10; 97-05-048, §
										446-16-025, filed 2/18/97,
							effective 3/21/97. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 92-15-014, §
										446-16-025, filed 7/6/92,
							effective 8/6/92; Order 1, §
										446-16-025, filed
							2/11/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-16 - Washington state identification section › Section 446-16-060 - Disposition reports-When required

Current through Register Vol. 24-14, July 15, 2024
In every case where a fingerprint record of the arrest of an
				individual on criminal charges has been submitted to the division, the agency
				which makes the final determination of such criminal charges or in whose
				jurisdiction the final determination is made must report the disposition of
				such charges to the division at whatever stage it occurs in the criminal
				justice system.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-16-060, filed 12/17/09,
							effective 1/17/10; Order 1, §
										446-16-060, filed
							2/11/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-16 - Washington state identification section › Section 446-16-070 - Report contents-General

Current through Register Vol. 24-14, July 15, 2024
The report of disposition must be made on forms provided or
				approved by the division or shall be transferred electronically on forms
				approved by the division. The disposition report must include all arrest
				details as they appeared on the fingerprint card forwarded to the division. The
				state identification number, process control number (PCN), and/ or the
				transaction control number (TCN) must be indicated, if known, on the
				disposition report.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-16-070, filed 12/17/09,
							effective 1/17/10. Statutory Authority: Chapter 10.98 RCW as amended by SSB
							6535, 1998 regular session. 99-07-051, §
										446-16-070, filed 3/15/99,
							effective 4/15/99. Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 97-05-048, §
										446-16-070, filed 2/18/97,
							effective 3/21/97; Order 1, §
										446-16-070, filed
							2/11/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-16 - Washington state identification section › Section 446-16-080 - Report time limitations

Current through Register Vol. 24-14, July 15, 2024
All of the information requested on the disposition report must
				be completed and the report mailed or electronically transferred to the
				division, within ten days of the date that a disposition becomes
				final.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-16-080, filed 12/17/09,
							effective 1/17/10. Statutory Authority: Chapter 10.98 RCW as amended by SSB
							6535, 1998 regular session. 99-07-051, §
										446-16-080, filed 3/15/99,
							effective 4/15/99. Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 97-05-048, §
										446-16-080, filed 2/18/97,
							effective 3/21/97. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 92-15-014, §
										446-16-080, filed 7/6/92,
							effective 8/6/92. Statutory Authority:
							RCW
							 10.97.090. 91-22-055 (Order 91-007), §
										446-16-080, filed 11/1/91,
							effective 12/2/91; Order 1, §
										446-16-080, filed
							2/11/74.