Wash. Admin. Code § 139-06-040 - Investigation and appeal-Procedures for misconduct
(1) Commission investigations are to
determine whether there is preponderance of the evidence to believe the
certified officer's certification should be denied, revoked, or
suspended.
(2) Investigations may
commence on the commission's own initiative under RCW 43.101.105, or upon
receiving a complaint per WAC 139-17-010.
(3) The commission may conduct its
investigation before, during, or after any internal or criminal investigation
by another agency, except in cases where a revocation decision requires a
finding that the certified officer's conduct violated policy or law under RCW
43.101.105 (2) or (3).
(4) The
commission may investigate any instance where there is a pattern of acts by a
certified officer that may have not resulted in formal adjudication of
wrongdoing but when considered together demonstrate conduct that would
constitute a violation of RCW 43.101.105 (2) or (3).
(5) The commission may initiate a
certification hearing by preparing a statement of charges regardless of the
status or posture of any internal disciplinary action by the employing
agency.
(6) Upon a determination by
the commission that there is a preponderance of the evidence to believe that a
certified officer's certification should be denied, revoked, or suspended, the
commission shall prepare a statement of charges and commence proceedings under
RCW 43.101.155.
(7) Upon a
determination by the commission that there is not preponderance of the evidence
to revoke, suspend, or deny the certified officer's certification, a copy of
the decision not to proceed, with a brief statement of the reasons for the
decision, shall be furnished to the certified officer's employing agency and
the complainant, if any.
(8) The
certified officer's employing agency, or the complainant, if any, may request a
review by the executive director of the commission, or their designee, of a
determination that there is not preponderance of the evidence to revoke or
suspend the certified officer's certification, by making such request in
writing within 14 days of the receipt of written notification of the decision
not to proceed.
(9) The
commission's final order is subject to the judicial review provisions of the
Administrative Procedure Act, RCW 34.05.510 through 34.05.598.
(10) The commission shall maintain all
records obtained during an investigation in a permanent file in accordance with
the retention schedule provided in RCW 43.101.400.
Notes
Statutory Authority: RCW 43.101.080. 03-02-010, § 139-06-040, filed 12/20/02, effective 1/20/03.
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