(1) Upon request by a peace officer's employer or
on its own initiative, the commission may deny or revoke
certification of any peace officer, after written notice and
hearing, if a hearing is timely requested by the peace officer
under RCW 43.101.155, based upon a finding of one or more of the
following conditions:
(a) The peace officer has failed to timely meet all
requirements for obtaining a certificate of basic law enforcement
training, a certificate of basic law enforcement training
equivalency, or a certificate of exemption from the training;
(b) The peace officer has knowingly falsified or omitted
material information on an application for training or
certification to the commission;
(c) The peace officer has been convicted at any time of a
felony offense under the laws of this state or has been convicted
of a federal or out-of-state offense comparable to a felony under
the laws of this state; except that if a certified peace officer
was convicted of a felony before being employed as a peace
officer, and the circumstances of the prior felony conviction
were fully disclosed to his or her employer before being hired,
the commission may revoke certification only with the agreement
of the employing law enforcement agency;
(d) The peace officer has been discharged for disqualifying
misconduct, the discharge is final, and some or all of the acts
or omissions forming the basis for the discharge proceedings
occurred on or after January 1, 2002;
(e) The peace officer's certificate was previously issued by
administrative error on the part of the commission; or
(f) The peace officer has interfered with an investigation
or action for denial or revocation of certificate by: (i)
Knowingly making a materially false statement to the commission;
or (ii) in any matter under investigation by or otherwise before
the commission, tampering with evidence or tampering with or
intimidating any witness.
(2) After July 24, 2005, the commission shall deny
certification to any applicant that has lost his or her
certification as a result of a break in service of more than
twenty-four consecutive months if that applicant failed to
successfully pass the psychological examination and the polygraph
test or similar assessment procedure required in RCW 43.101.095(2), as administered by county, city, or state law
enforcement agencies.
[2005 c 434 § 3; 2001 c 167 § 3.]