(1) The board's licensing and regulation division may conduct a criminal history check on a person applying to be an alcohol server education trainer, using the point system below. The application may be denied if the applicant's criminal history totals eight or more points:
| Description | Time period during which points will be assigned | Points the board will assign |
| Gross misdemeanor conviction | Three years | 5 points |
| Misdemeanor conviction - involving alcohol | Three years | 4 points |
| Misdemeanor conviction - not involving alcohol | Three years | 3 points |
| Driving under the influence conviction | Three years | 5 points |
| Reckless and/or negligent driving conviction - alcohol related | Three years | 5 points |
| Reckless and/or negligent driving conviction - not alcohol related | Three years | 4 points |
| Hit and run, attended - conviction | Three years | 5 points |
| Two to five failures to appear for court conviction | Three years | 4 points |
| Six or more failures to appear for court conviction | Three years | 8 points |
| Felony conviction | Five years | 12 points |
| On parole from a felony | n/a | 8 points |
| Nondisclosure of information requested by the board | n/a | 4 points each, PLUS the points of the fact which was not disclosed |
| Misrepresentation of fact to the board | n/a | 8 points, PLUS the points of the fact which was not disclosed |
(2) For pending criminal charges that would score eight or more points in the event of conviction, the board's licensing and regulation division will hold the trainer's application pending disposition of the matter. If the matter is not resolved within ninety days, the board will withdraw the application.
(3) A person whose application to become an alcohol server education trainer is denied by the licensing and regulation division due to a criminal history may request an adjudicative hearing under the provisions of the Administrative Procedure Act (chapter
34.05 RCW). At the board's discretion it may elect to conduct the adjudicative hearing itself or it may assign the matter to the office of administrative hearings.
[Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [66.44.290],66.44.310 . 04-18-038, § 314-17-070, filed 8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. 01-03-085, § 314-17-070, filed 1/17/01, effective 2/17/01.]