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Agency filings affecting this section

PDFWAC 110-06-0120

Secretary's list.

(1) The crimes and conduct described in this section constitute the secretary's list.
(2) Subject to the requirements described in this chapter, the department must permanently disqualify subject individuals who have a pending criminal charge or conviction for any of the crimes listed in this subsection.
Citation
Description
Abandonment of a dependent person in the first degree (if the victim is a child)
Abandonment of a dependent person in the second degree (if the victim is a child)
Aggravated murder
Arson in the first degree
Arson in the second degree
Assault in the first degree
Assault in the second degree
Assault in the third degree (if causes bodily harm)
Assault of a child in the first degree
Assault of a child in the second degree
Assault of a child in the third degree
Burglary in the first degree (if child or spouse is assaulted)
Child molestation in the first degree
Child molestation in the second degree
Child molestation in the third degree
Child buying or selling
Commercial sexual abuse of a minor
Communication with minor for immoral purposes (if a felony)
Controlled substances homicide (if the victim is a child)
Criminal mistreatment in the first degree (if the victim is a child)
Criminal mistreatment in the second degree (if the victim is a child)
Custodial assault (if causes bodily harm)
Custodial interference in the first degree (if the victim is a child)
Custodial interference in the second degree (if the victim is a child; and the conviction is the subject individual's second or subsequent conviction of custodial interference in the second degree)
Custodial sexual misconduct in the first degree (if the victim is a child)
Dealing in depictions of minor engaged in sexually explicit conduct in the first degree or second degree
Drive-by shooting (if the victim is a child)
Endangerment with a controlled substance (if the victim is a child)
Extortion in the first degree (if the victim is a child)
Extortion in the second degree (if the victim is a child)
Hate crime offense (if the victim is a child)
Homicide by abuse (if the victim is a child)
Incest in the first degree or second degree (if the victim is a child)
Indecent exposure (if a felony and the victim is a child)
Indecent liberties
Kidnapping in the first degree
Kidnapping in the second degree
Luring (if the victim is a child)
Manslaughter in the first degree (if the victim is a child)
Manslaughter in the second degree (if the victim is a child)
Murder in the first degree
Murder in the second degree
Possession of depictions of minor engaged in sexually explicit conduct in the first degree or second degree
Promoting commercial sexual abuse of a minor
Promoting pornography (if the victim is a child)
Promoting prostitution in the first degree (if the victim is a child)
Promoting travel for commercial sexual abuse of a minor
Rape in the first degree
Rape in the second degree
Rape in the third degree
Rape of a child in the first degree
Rape of a child in the second degree
Rape of a child in the third degree
Robbery in the first degree (if the victim is a child)
Robbery in the second degree (if the victim is a child)
Sending, bringing into state depictions of minor engaged in sexually explicit conduct in the first degree or second degree
Sexual exploitation of a minor
Sexual misconduct with a minor in the first degree
Unlawful imprisonment (if the victim is a child)
Vehicular homicide (if the victim is a child)
(3) Subject to the requirements described in this chapter, the department may disqualify subject individuals who have a pending criminal charge or conviction for a crime listed in this subsection.
Citation
Description
Abandonment of a dependent person in the first degree (if the victim is not a child)
Abandonment of a dependent person in the second degree (if the victim is not a child)
Abandonment of a dependent person in the third degree
Animal cruelty in the first degree
Animal cruelty in the second degree
Assault in the third degree (if no bodily harm)
Assault in the fourth degree
Burglary in the first degree (if a child or spouse is not assaulted)
Burglary in the second degree
Coercion
Communication with minor for immoral purposes (if a gross misdemeanor)
Controlled substances homicide (if the victim is not a child)
Criminal gang intimidation
Criminal impersonation in the first degree
Criminal mistreatment in the first degree (if the victim is not a child)
Criminal mistreatment in the second degree (if the victim is not a child)
Criminal mistreatment in the third degree
Criminal mistreatment in the fourth degree
Criminal sabotage
Custodial assault (if no bodily harm)
Custodial interference in the first degree (if the victim is not a child)
Custodial interference in the second degree (if the victim is not a child)
Custodial sexual misconduct in the first degree (if the victim is not a child)
Custodial sexual misconduct in the second degree
Cyberstalking
Drive-by shooting (if the victim is not a child)
Driving under the influence of intoxicating liquor, marijuana, or any drug (if the conviction was for a felony or the conviction occurred within three years of the date of the subject individual's request for authorization)
Duty in case of personal injury or death or damage to attended vehicle or other property – Penalties (if a felony)
Endangerment with a controlled substance (if the victim is not a child)
Extortion in the first degree (if the victim is not a child)
Extortion in the second degree (if the victim is not a child)
Failure to register as sex offender or kidnapping offender
Furnishing liquor to minors (only if the subject individual sells, gives, or otherwise supplies liquor to a person under the age of 21 years; or permits any person under that age to consume liquor on the subject individual's property or on any property under the subject individual's control)
Harassment
Hate crime offense (if the victim is not a child)
Homicide by abuse (if the victim is not a child)
Homicide by watercraft
Incendiary devices
Incest in the first degree or second degree (if the victim is not a child)
Indecent exposure (if felony and victim is not a child, or if a misdemeanor)
Leading organized crime
Leaving children unattended in standing vehicle with motor running
Leaving children unattended in parked automobile
Luring (if the victim is not a child)
Malicious placement of an explosive in the first, second, or third degree
Malicious placement of an imitation device in the first degree or second degree
Manslaughter in the first degree (if the victim is not a child)
Manslaughter in the second degree (if the victim is not a child)
Negligent driving in the first degree (if the conviction occurred within three years of the date of the subject individual's request for authorization)
Physical control of vehicle under the influence (if felony)
Promoting pornography (if the victim is not a child)
Promoting prostitution in the first degree (if the victim is not a child)
Promoting prostitution in the second degree
Promoting a suicide attempt
Reckless endangerment
Rendering criminal assistance in the first degree
Residential burglary
Robbery in the first degree (if the victim is not a child)
Robbery in the second degree (if the victim is not a child)
Sexual misconduct with a minor in the second degree
Sexually violating human remains
Stalking
Telephone harassment (if felony)
Trafficking in the first degree or second degree
Unlawful harboring of a minor
Unlawful imprisonment (if the victim is not a child)
Unlawful use of a building for drug abuse purposes
Use of machine gun or bump-fire stock in felony
Vehicular assault
Vehicular homicide (if the victim is not a child)
Viewing depictions of minor engaged in sexually explicit conduct in the first or second degree
Violation of sexual assault protection order under chapter 7.90 RCW if a felony under RCW 26.50.110
Violation of stalking no-contact order or stalking protection order under chapter 7.92 RCW if a felony under RCW 26.50.110
Violation of human trafficking no-contact order under chapter 9A.40 if a felony under RCW 26.50.110
Violation of an order restricting contact under RCW 9A.46.080
Violation of promoting prostitution no-contact order under chapter 9A.88 RCW if a felony under RCW 26.50.110
Violation of domestic violence no-contact order under chapter 10.99 RCW if a felony under RCW 26.50.110
Violation of dissolution proceeding restraining order under chapter 26.09 RCW if a felony under RCW 26.50.110
Violation of paternity proceeding restraining order under chapter 26.26A or 26.26B RCW if a felony under RCW 26.50.110
Violation of a domestic violence order for protection under chapter 26.50 RCW if a felony under RCW 26.50.110
Violation of an order for protection of a vulnerable adult under chapter 74.34 RCW if a felony under RCW 26.50.110
Violation of civil antiharassment protection order
Violation of the Uniform Controlled Substances Act (manufacture, distribute, or possess with intent to distribute)
Chapter 69.50 RCW (Article IV Offenses and penalties)
Except for controlled substance homicide if the child is a victim (RCW 69.50.415), any violation of the Uniform Controlled Substances Act
The unlawful obtaining or attempting to obtain a legend drug, or procure or attempt to procure the administration of a legend drug
Sale or delivery of legend drug without prescription or order
Sale, transfer, or furnishing of any substance listed in RCW 69.43.010 with knowledge or intent the recipient will use the substance to unlawfully manufacture a controlled substance; or the receipt of any substance listed in RCW 69.43.010 with intent to use the substance unlawfully to manufacture a controlled substance
Voyeurism
Sale or delivery of legend drug without prescription or order
(4) Subject to the requirements described in this chapter, the department may disqualify subject individuals who have a background that includes any negative action that is based on the conduct described in this subsection.
(a) The abuse, neglect, exploitation, or abandonment of a vulnerable adult, child, or juvenile.
(b) The suspension, termination, revocation, denial, or restriction of a license, professional license, or certification.
(c) The suspension, termination, or revocation of a state or federal contract.
(d) The relinquishment of a license, certification, or contract in lieu of an agency negative action.
(5) Under 42 U.S.C. § 9858f (c)(1)(B) subject individuals must be disqualified and not authorized for employment at a licensed or certified child care facility, if they knowingly make a materially false statement in connection with their criminal background check.
(6) Under 42 U.S.C. § 9858f (c)(1)(C) subject individuals must be disqualified and not authorized for employment at a licensed or certified child care facility, if they are registered, or are required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.).
[Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0120, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.; 45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0120, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0120, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 15-24-040, § 170-06-0120, filed 11/20/15, effective 1/1/16. Statutory Authority: RCW 43.215.060, 43.215.070 and chapter 43.215 RCW. WSR 14-13-002, § 170-06-0120, filed 6/4/14, effective 7/5/14. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0120, filed 5/30/12, effective 7/1/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. WSR 08-10-041, § 170-06-0120, filed 4/30/08, effective 5/31/08.]