WAC 139-06-140   Hearing on reinstatement of certification.  (1) The commission may hold a hearing to determine the peace officer's eligibility for certification or reinstatement of certification.

     (2) Upon receipt of a petition for certification or reinstatement of certification and a determination by commission staff that a hearing is necessary, or required, the peace officer and the peace officer's employing agency shall be notified in writing. Where a hearing is not held, the peace officer and the peace officer's employing agency shall be notified in writing of the commission's decision whether to certify or reinstate the peace officer, and the reasons for the decision. Where the peace officer is not certified or reinstated, the peace officer or the peace officer's employing agency may request a hearing before a hearing panel by making such request in writing within fourteen days of the mailing of notification that certification is not being granted or reinstated.

     (3) Hearings on certification or reinstatement of certification shall be conducted by a hearing panel. The hearing panel shall review the certification file and any additional information submitted by the parties prior to the hearing and may request any additional information in order to assist in its determination. The issues shall be limited to whether the peace officer is eligible for certification or reinstatement of certification, and appropriate probationary terms in the event certification is granted or reinstated.

     (4) The hearing panel shall enter a written order regarding certification or reinstatement of certification within ninety days of the conclusion of the hearing, unless the time period is extended for good cause, or waived. A copy of the order shall be sent to the parties, and to the peace officer's employing agency.

     (5) The decision of the hearing panel shall be the final order of the commission.



[Statutory Authority: RCW 43.101.080. 03-02-010, § 139-06-140, filed 12/20/02, effective 1/20/03.]