WAC 139-03-030   Request for exemption, waiver, extension or variance.  (1) Requests for exemption, waiver, extension or variance from the commission's regulations may be pursued only under this section.

     (2) A request for exemption, waiver, extension or variance may be made only by the head of a law enforcement or corrections agency on behalf of an employee or employees directly affected by the regulation. Where a request for an exemption or variance is on behalf of a chief of police, such request shall be made by the appointing authority. Requests under this section shall be for mitigation only and shall not raise questions of law or of fact. Such requests shall be submitted in writing to the executive director of the commission and shall include, where applicable:

     (a) The particular regulation from which exemption, waiver, extension or variance is sought;

     (b) The nature of the exemption, waiver, extension or variance which is sought;

     (c) The mitigating factors in the particular case;

     (d) The name and mailing address of the requesting party and any person who will personally appear in support of the requesting party, including legal counsel;

     (e) A statement that the person signing the request has read it and that to the best of his or her knowledge or information and belief the contents thereof are true.

     (3) Upon receipt of a request under this section which satisfies the requirements of subsection (2) of this section, the executive director shall schedule the request for full consideration at the next commission meeting. If it is determined by the chair that circumstances justify expedited review, the chair may schedule a special meeting for the sole purpose of effecting review. After full consideration of the matter, the commission shall deny the request, grant the request or provide alternative mitigating relief.



[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-03-030, filed 8/4/00, effective 9/4/00.]