How and when must a character, competence, and suitability determination be conducted by the department or an authorized entity?
(1) The department or an authorized entity must conduct a character, competence, and suitability determination of an employee, prospective employee, or other individual who is required to undergo a background check when the applicant has received a "review required" result as defined in WAC
388-113-0101(b).
(2) If the department or an authorized entity is required to conduct a character, competence, and suitability determination under this section, the person or entity responsible must document in writing the following information:
(a) Reason for the decision;
(b) Whether or not the applicant may have unsupervised access to minors and vulnerable adults;
(c) The date the character, competence, and suitability determination was completed; and
(d) The name and signature of the person or persons who performed the determination.
(3) If an applicant is required to have a character, competence, and suitability determination under this section, the applicant may not have unsupervised access to minors or vulnerable adults unless the character, competence, and suitability determination has:
(a) Been completed and documented in writing.
(b) Concluded the applicant may have unsupervised access to minors or vulnerable adults.
(4) A character, competence, and suitability determination may not be conducted if an applicant has an automatically disqualifying conviction or pending charge under WAC
388-113-0020 or has an automatically disqualifying negative action under WAC
388-113-0030.
[Statutory Authority: RCW
74.08.090,
74.09.520,
43.43.832,
74.39A.270,
74.39A.056,
74.39A.074,
43.20A.710,
74.39A.525,
43.43.842,
74.39A.326,
74.39A.515,
74.39A.505,
18.88B.021,
43.43.837 and 2018 c 278. WSR 21-18-081, § 388-113-0060, filed 8/30/21, effective 10/1/21.]