wa-26-21-079: Criminal Justice Training Commission — WSR 26-21-079

WSR 26-21-079 (26-21)WSR 26-21-079PROPOSED RULESCRIMINAL JUSTICETRAINING COMMISSION[Filed October 20, 2026, 2:55 p.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-18-055.Title of Rule and Other Identifying Information: WAC 139-06-060 Hearing panels.Hearing Location(s): On December 9, 2026, at 10:00 a.m., at Washington State Criminal Justice Training Commission, Commission Room, 19010 1st Avenue South, Burien, WA 98148. Date of Intended Adoption: December 9, 2026.Submit Written Comments to: Lacey Ledford, 19010 1st Avenue South, Burien, WA 98148, email lacey.ledford@cjtc.wa.gov, by December 8, 2026.Assistance for Persons with Disabilities: Contact Lacey Ledford, phone 206-670-5813, email lacey.ledford@cjtc.wa.gov, by December 9, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revising WAC 139-06-060 for consistency, clarity, and compliance with the legislative intent surrounding RCW 43.101.380.Reasons Supporting Proposal: This WAC provides guidance for applicants interested in applying as a certification hearings panelist. It outlines the desirable qualifications and experiences an applicant may possess when applying, as well as relevant timelines. Other general or consistency updates will be included.Statutory Authority for Adoption: RCW 43.101.080.Statute Being Implemented: RCW 43.101.080.Rule is not necessitated by federal law, federal or state court decision.Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kayla Wold, 19010 1st Avenue South, Burien, WA 98148, 206-835-7306.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328.This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.Is exempt under RCW 19.85.025(4).Scope of exemption for rule proposal:Is fully exempt.October 20, 2026Lacey LedfordRules CoordinatorRDS-7516.1AMENDATORY SECTION(Amending WSR 25-19-056, filed 9/11/25, effective 10/12/25)WAC 139-06-060Hearing panels.(1) ((The commission shall cultivate a list of qualified individuals to be appointed as members of hearing panels in certification actions.(a) Names of))When a hearing is requested in relation to a certification action of a Washington state certified officer, a five-member hearings panel, under RCW 43.101.380, shall hear the case and make the commission's final administrative decision based on a majority of the vote.(2) Under RCW 43.101.380 (3)(a)(iv), (b)(iv), and (c)(iv), the position of "member of the public" is an individual acting as an impartial community member who represents the public interest and is a Washington state resident. Desirable qualifications may include, but are not limited to:(a) Backgrounds in fields such as education, law, health care, mental health, social work, community service, or journalism.(b) Applicants may have experience serving in judicial, quasi-judicial, hearing panel, litigation, or other roles that involve similar skills as those needed on a hearing panel.(3) Under RCW 43.101.380 (3)(a)(v), (b)(v), and (c)(v), the position requiring "expertise and background in police accountability" may include:(a) Examining policing practices and identifying the causes of misconduct to develop strategies for reduction and prevention. Methods may include audits, investigations, or review of policies and procedures.(b) Applicants may have experience:(i) In a civilian role focused on police accountability with coalitions, commissions, organizations, or law enforcement oversight agencies; or(ii) As an educator, researcher, trainer, attorney, journalist, or advocate regarding police accountability; or(iii) Partnering with the community and law enforcement to strengthen police accountability and public safety.(4) Qualified individuals interested in serving as panel members under RCW 43.101.380 may ((be submitted by any person for consideration by the commission. The commission will establish desired qualifications in policy.(b) Commissioners will be appointed to hearing panels by the commission's governing body.))apply to the commission for consideration.(a) Individuals applying for the position of "expertise and background in police accountability" will be required to provide their relevant knowledge and experience on the panel member application.(b) Interested commissioners qualified pursuant to RCW 43.101.380 (3)(a)(iii), (b)(iii), and (c)(iii), need not apply and should let the hearings coordinator know their ability to serve on in-person and/or virtual hearings.(c) Other qualified and interested individuals will submit:(i) Hearing panel member application;(ii) Cover letter;(iii) Resume;(iv) The names and contact information for three references; and(v) A letter of support from their agency supervisor or administrator. Members of the public may submit a letter of recommendation in lieu of a letter of support.(d) Materials shall be submitted to the commission's hearing coordinator at the following address: 19010 1st Avenue South, Burien, Washington 98148. Materials may also be submitted via email, as identified on the commission website.(((2)))(i) Submitted materials will be presented at the March, June, September, or December quarterly commission meeting.(ii) Applications and materials should be submitted at least one month prior to the quarterly scheduled commission meeting.(5) The ((commission))commission's hearing coordinator shall review applications and submit ((a list of)) qualified individuals to the commission. The ((commission))commission's governing body shall have sole discretion over the ((selection))approval of panel member((s))applications.(((3) Prior to the hearings panel being selected for a hearing, the commission will confirm with panelists that they have no conflicts of interest as outlined in the hearing panel member handbook. Examples of conflicts of interest include, but are not limited to, the below situations:(a) Personal, working, and financial relationships, past or present; and(b) Shared affiliations in groups, organizations, and activities.(4)))(6) The hearings coordinator selects approved hearing panel members for each hearing. Prior to final selection, the hearings coordinator will require panelists to complete a conflicts check consistent with the commission's conflicts of interest policy.(7) If a panel member is concerned that they have a conflict of interest, including a relationship with a party or a witness that would prevent the panel member from judging the case fairly, they must notify the ((commission))commission's hearing coordinator as soon as possible. If the petitioner or respondent has any motion for disqualification of a panel member, the motion must be filed prior to or at the first prehearing conference.(((5)))(8) If there is a panel member replacement prior to the hearing, parties must file a motion for disqualification within 10 days of service of notice of the replacement.(((6) A five-member hearings panel shall hear the case and will make the commission's final administrative decision based on a majority of the vote.(7) When a hearing is requested in relation to a certification action of a Washington peace officer, the commission shall appoint to the panel:(a) One police chief or sheriff from an agency, who is not a current or past employer of the certified officer;(b) One certified Washington officer who is at or below the level of first line supervisor and who has at least 10 years' experience as an officer;(c) One civilian member of the commission as appointed under RCW 43.101.030 (1)(f) and (h) through (j);(d) One member of the public who is not a prosecutor, defense attorney, judge, or officer; and(e) One person with expertise and background in police accountability who is not a current or former certified officer.(8) When a hearing is requested in relation to a certification action of a Washington corrections officer, the commission shall appoint to the panel:(a) A person who heads either a city or county corrections agency or facility or of a Washington state department of corrections facility;(b) One corrections officer who is at or below the level of first line supervisor and who has at least 10 years' experience as a corrections officer;(c) One civilian member of the commission as appointed under RCW 43.101.030 (1)(f) and (h) through (j);(d) One member of the public who is not a prosecutor, defense attorney, judge, or officer; and(e) One person with expertise and background in police accountability who is not a current or former certified officer.(9) When a hearing is requested in relation to a certification action of a tribal police officer, the commission shall appoint to the panel:(a) One tribal police chief;(b) One tribal police officer who is at or below the level of first line supervisor, and who has at least 10 years' experience as an officer;(c) One civilian member of the commission as appointed under RCW 43.101.030 (1)(f) and (h) through (j);(d) One member of the public who is not a prosecutor, defense attorney, judge, or officer; and(e) One person with expertise and background in police accountability who is not a current or former certified officer.))