Wash. Admin. Code § 139-07-020

Current through Register Vol. 24-21, November 1, 2024
Section 139-07-020 - Background information
(1) Hiring agency background checks must include the following records and information for new applicants:
(a) Criminal history;
(b) National decertification indices or data banks;
(c) Commission records including employment history and certification status;
(d) All disciplinary records by any previous law enforcement or correctional employer, including complaints or investigations of misconduct, to include the outcome of any investigation regardless of the result, and the reason for separation from employment. Previous law enforcement or corrections employers must provide this information, including the reason for separation from employment with the agency, within 30 days of receiving a written request from the agency conducting the background check;
(e) Verification from the local prosecuting authority in any jurisdiction in which the applicant has served as to whether the applicant is on any impeachment disclosure lists;
(f) Inquiry into whether the applicant has any past or present affiliations with extremist organizations, as defined in commission policy;
(g) A review of the applicant's social media accounts;
(h) Verification of citizenship status as either a citizen of the Unites States of America or a lawful permanent resident;
(i) A psychological examination and recommendation administered by a qualified professional pursuant to chapter 18.71 or 18.83 RCW, in compliance with standards established in commission policy per WAC 139-07-030;
(j) A polygraph or equivalent assessment administered by a qualified professional with appropriate training and in compliance with standards established in commission policy per WAC 139-07-040; and
(k) Any basis for disqualification listed under RCW 43.101.105(2) or (3).
(2) An applicant, including new hires and in-state laterals, may be offered employment by more than one agency. The background results may be shared with more than one agency under the following circumstances:
(a) The hiring agency which initiated the background investigation agreed to share the results of the investigation in full with another hiring agency;
(b) The applicant signed a release permitting another hiring agency to have the report;
(c) The background investigation was completed within six months of the request to share records; and
(d) The job analyses of both agencies are substantially similar.
(3) Prior to a potential officer's registration into an academy, the hiring agency shall certify to the commission that the agency has completed the background check, no information has been found that would disqualify the applicant from certification, and the applicant is suitable for employment as an officer.
(4) Backgrounds, older than six months, of an officer shall be considered invalid for the purpose of RCW 43.101.080(15) and 43.101.095(2).

Wash. Admin. Code § 139-07-020

Amended by WSR 18-19-066, Filed 9/17/2018, effective 10/18/2018
Amended by WSR 22-13-075, Filed 6/9/2022, effective 7/10/2022
Amended by WSR 23-01-086, Filed 12/16/2022, effective 1/16/2023

Statutory Authority: RCW 43.101.080. 13-02-060, §139-07-020, filed 12/27/12, effective 1/27/13; 10-07-037, §139-07-020, filed 3/10/10, effective 4/10/10.