46.01.115  <<  46.01.130 >>   46.01.135

Powers and duties of directorVehicle registration, appointments, branch offices, personnel screening.

The director:
(1) Shall supervise and control the issuing of vehicle certificates of title, vehicle registrations, and vehicle license plates, and has the full power to do all things necessary and proper to carry out the provisions of the law relating to the registration of vehicles;
(2) May appoint and employ deputies, assistants, representatives, and clerks;
(3) May establish branch offices in different parts of the state;
(4) May appoint county auditors in Washington state or, in the absence of a county auditor, the department or an official of county government as agents for applications for and the issuance of vehicle certificates of title and vehicle registrations; and
(5)(a) Shall investigate the conviction records and pending charges of any current employee of or prospective employee being considered for any position with the department who has or will have:
(i)(A) The ability to create or modify records of applicants for enhanced drivers' licenses and identicards issued under RCW 46.20.202; and
(B) The ability to issue enhanced drivers' licenses and identicards under RCW 46.20.202; or
(ii) The ability to conduct examinations under RCW 46.25.060; or
(iii) Access to information pertaining to vehicle license plates, drivers' licenses, or identicards under RCW 46.08.066, or vessel registrations issued under RCW 88.02.330 that, alone or in combination with any other information, may reveal the identity of an individual, or reveal that an individual is or was, performing an undercover or covert law enforcement, confidential public health work, public assistance fraud, or child support investigative activity.
(b) The investigation consists of a background check as authorized under RCW 10.97.050, 43.43.833, and 43.43.834, and the federal bureau of investigation. The background check must be conducted through the Washington state patrol criminal identification section and may include a national check from the federal bureau of investigation, which is through the submission of fingerprints. The director shall use the information solely to determine the character, suitability, and competence of current or prospective employees subject to this section.
(c) The director shall investigate the conviction records and pending charges of an employee subject to:
(i) Subsection (5)(a)(i) of this section every five years; and
(ii) Subsection (5)(a)(ii) of this section as required under 49 C.F.R. Sec. 384.228 as it existed on July 8, 2014, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(d) Criminal justice agencies shall provide the director with information that they may possess and that the director may require solely to determine the employment suitability of current or prospective employees subject to this section.

NOTES:

Reviser's note: This section was amended by 2013 c 224 § 1 and by 2013 c 336 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date2013 c 336: See note following RCW 46.08.066.
Effective date2013 c 224: "Sections 1 and 3 through 14 of this act take effect July 8, 2014." [ 2013 c 224 § 17.]
Effective dateIntentLegislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session2010 c 161: See notes following RCW 46.04.013.
Severability1973 c 103: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1973 c 103 § 9.]
Effective date1971 ex.s. c 231: "(1) Sections 1 through 7 of this 1971 amendatory act shall take effect on January 1, 1972.
(2) Sections 8 through 23 of this 1971 amendatory act shall take effect on January 1, 1973." [ 1971 ex.s. c 231 § 24.]
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