PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-10-003.
Title of Rule: WAC 446-16-030 Inspection by the subject of their record.
Purpose: To allow for consistency with WAC 446-20-090.
Statutory Authority for Adoption: Chapters 10.97 and 43.43 RCW.
Summary: The amendments to WAC 446-16-030 will increase inspection time by a subject of their record from fifteen minutes to thirty minutes.
Reasons Supporting Proposal: This will allow for consistency with WAC 446-20-090.
Name of Agency Personnel Responsible for Drafting: Ms. Toni Korneder, P.O. Box 42633, Olympia, WA 98504, (360) 705-5101; Implementation and Enforcement: Captain Brian A. Ursino, P.O. Box 42633, Olympia, WA 98504, (360) 705-5101.
Name of Proponent: Washington State Patrol Criminal Records Division, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Approve of the amendment.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This will modify the time allowed for a subject to inspect their criminal record from fifteen minutes to thirty minutes. This change will allow for consistency with WAC 446-20-090.
Proposal Changes the Following Existing Rules: Increase time from fifteen minutes to thirty minutes that a subject can view their record.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Commercial Vehicle Division Conference Room, Ground Floor, General Administration Building, 210 11th S.W., Olympia, WA 98504, on July 26, 2001, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Ms. Gretchen Dolan by July 20, 2001, TDD (253) 536-4270, or (360) 753-0655.
Submit Written Comments to: Ms. Toni Korneder, Criminal Records Division, P.O. Box 42633, Olympia, WA 98504, fax (360) 570-5275, by July 20, 2001.
Date of Intended Adoption: August 1, 2001.
June 11, 2001
R. M. Leichner
Chief
OTS-4431.1
AMENDATORY SECTION(Amending WSR 97-05-048, filed 2/18/97,
effective 3/21/97)
WAC 446-16-030
Inspection by the subject of their record.
(1) Any person desiring to inspect criminal history record
information which refers to themself may do so at the central
office of the Washington state patrol identification and criminal
history section, between the hours of 8 a.m. and 5 p.m., Monday
through Friday, excepting legal holidays.
(2) Any person desiring to inspect criminal history record information pertaining to themself shall first permit their fingerprints to be taken by the section for identification purposes if requested to do so. The section, in their discretion, may accept other identification in lieu of fingerprints.
(3) A reasonable period of time, not to exceed ((15)) thirty
minutes, shall be allowed each individual to examine criminal
history record information pertaining to themselves.
(4) No person shall be allowed to retain or reproduce any criminal history record information pertaining to themselves except for the purpose of challenge or correction of entries of arrests by submitting law enforcement agencies of the state of Washington. Visual examination only shall be permitted of such information unless the individual asserts their belief that criminal history record information from a submitting law enforcement agency of the state of Washington concerning them is inaccurate, incomplete or maintained in violation of the law; and unless they request correction or completion of the information on a form furnished by the section, or requests expungement pursuant to WAC 446-16-025.
(5) If any person who desires to examine criminal history record information pertaining to themself is unable to read or is otherwise unable to examine same because of a physical disability, they may designate another person of their own choice to assist them. The person about whom the information pertains shall execute, with their mark, a form provided by the section consenting to the inspection of criminal history record information pertaining to themself by another person for the purpose of it being read or otherwise described to them. Such designated person shall then be permitted to read or otherwise describe or translate the criminal history record information to the person about whom it pertains.
[Statutory Authority: Chapters 10.97 and 43.43 RCW. 97-05-048, 446-16-030, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.080 and 10.97.090. 92-15-014, 446-16-030, filed 7/6/92, effective 8/6/92; Order 1, 446-16-030, filed 2/11/74.]