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Chapter 67-16 WAC

Last Update: 11/18/25

DEPARTMENT—BACKGROUND CHECKS

WAC Sections

HTMLPDF67-16-010What is the purpose of this chapter?
HTMLPDF67-16-020What definitions apply to this chapter?
HTMLPDF67-16-030Must the executive director of DSB or designee conduct background checks on all applicants under final consideration for a department covered position?
HTMLPDF67-16-040Must the executive director of DSB or designee conduct background checks on all service providers wanting to do business with DSB?
HTMLPDF67-16-050Must the executive director of DSB or designee conduct background checks on customers wanting to receive services from DSB?
HTMLPDF67-16-060What is the executive director of DSB or designee's responsibilities in carrying out the requirements to conduct background checks?
HTMLPDF67-16-070What information is considered in a background check conducted by DSB and how are the results of the background check used?
HTMLPDF67-16-080Must applicants and service providers authorize the executive director of DSB or designee to conduct a background check and what happens if they do not provide authorization?
HTMLPDF67-16-090Who receives the results of a background check conducted by DSB?

PDF67-16-010

What is the purpose of this chapter?

The purpose of this chapter is to establish the standards for the department of services for the blind to conduct background checks for department of services for the blind applicants, volunteers, interns, service providers, and other individuals acting on behalf of the department of services for the blind.
[Statutory Authority: Chapter 74.18 RCW, P.L. 113-128, and 34 C.F.R. Part 361. WSR 25-23-077, s 67-16-010, filed 11/18/25, effective 12/19/25. Statutory Authority: P.L. 113-128 and 34 C.F.R. Part 361. WSR 18-14-101, § 67-16-010, filed 7/3/18, effective 8/3/18. Statutory Authority: 1983 c 194 § 18. WSR 84-01-041 (Order 83-07), § 67-16-010, filed 12/15/83. Formerly WAC 67-15-010.]


PDF67-16-020

What definitions apply to this chapter?

(1) "Applicant" means a person who has applied for work in a department covered position including volunteers, students, or interns serving or working in a similarly situated position or any person who must meet state and federal background check requirements to work in a department covered position.
(2) "Authorized entity" means DSB employee(s) designated by the executive director of DSB to submit background checks.
(3) "Background check result" means a written notification that provides information on the results of the background check process conducted for an applicant or service provider. The following are all background check results:
(a) "Disqualifying result" means the executive director of DSB or designee has determined that the applicant or service provider's background check information has one or more items requiring automatic disqualification.
(b) "No record result" means the executive director of DSB or designee has determined no background information has been reported requiring automatic disqualification or review.
(4) "Customer" means an individual who is receiving services from DSB or service provider on behalf of DSB.
(5) "Department covered position" means a position that has:
(a) Unsupervised access to vulnerable individuals or youth; or
(b) Access to vulnerable individuals or youth's personal information as defined under RCW 19.255.005;
(c) Is designated by the department as having access to sensitive information.
(6) "DSB" means the department of services for the blind.
(7) "Sensitive information" means any data that, if disclosed without authorization, could cause harm, compromise security, expose personal or confidential matters, or negatively impact an individual or the state.
(8) "Service provider" means entities, facilities, agencies, businesses, or individuals who are licensed, certified, authorized, or regulated by, receive payment from, or have contracts or agreements with DSB or its designee, to provide services to vulnerable individuals or youth or will have access to sensitive information.
(9) "Unsupervised access" means a person who:
(a) Works, volunteers, or serves in a setting that provides department services to vulnerable individuals or youth at their residence.
(b) Works, volunteers, or serves in a position where, during the course of their employment, contract, or service, may transport or visit the residence of a vulnerable individual or youth.
(c) Works, volunteers, or serves in a position, other than one described in (a) and (b) of this subsection, where the applicant, contractor, or service provider may be left alone with a vulnerable individual or youth during the course of their job. "Left alone" does not include the possibility of a public encounter or public interaction.
(10) "Vulnerable individual" means a person who is a customer of DSB who is blind:
(a) Has no vision or whose vision with corrective lenses is so limited that the individual requires alternative methods or skills to do efficiently those things that are ordinarily done with sight;
(b) Has an eye condition of a progressive nature which may lead to blindness;
(c) Is blind for purposes of the business enterprise program in accordance with RCW 74.18.200; or
(d) Other disability along with blindness.
(11) "Youth" means any person under 18 years of age.
[Statutory Authority: Chapter 74.18 RCW, P.L. 113-128, and 34 C.F.R. Part 361. WSR 25-23-077, s 67-16-020, filed 11/18/25, effective 12/19/25. Statutory Authority: P.L. 113-128 and 34 C.F.R. Part 361. WSR 18-14-101, § 67-16-020, filed 7/3/18, effective 8/3/18. Statutory Authority: Chapter 74.18 RCW. WSR 04-12-029, § 67-16-020, filed 5/26/04, effective 7/1/04.]


PDF67-16-030

Must the executive director of DSB or designee conduct background checks on all applicants under final consideration for a department covered position?

(1) The executive director of DSB or designee must conduct a background check, as authorized by statute, on applicants under final consideration for a department covered position.
(2) A national fingerprint-based background check will be conducted if required by state law, federal regulations, or presidential directive.
[Statutory Authority: Chapter 74.18 RCW, P.L. 113-128, and 34 C.F.R. Part 361. WSR 25-23-077, s 67-16-030, filed 11/18/25, effective 12/19/25. Statutory Authority: P.L. 113-128 and 34 C.F.R. Part 361. WSR 18-14-101, § 67-16-030, filed 7/3/18, effective 8/3/18. Statutory Authority: RCW 74.18.123. WSR 10-19-081, § 67-16-030, filed 9/16/10, effective 10/17/10. Statutory Authority: Chapter 74.18 RCW. WSR 04-12-029, § 67-16-030, filed 5/26/04, effective 7/1/04.]


PDF67-16-040

Must the executive director of DSB or designee conduct background checks on all service providers wanting to do business with DSB?

(1) The executive director of DSB or designee must conduct a background check, as authorized by statute, on all service providers who have unsupervised contact with vulnerable individuals or youth.
(2) A national fingerprint-based background check will be conducted if required by state law, federal regulations, or presidential directive.
[Statutory Authority: Chapter 74.18 RCW, P.L. 113-128, and 34 C.F.R. Part 361. WSR 25-23-077, s 67-16-040, filed 11/18/25, effective 12/19/25. Statutory Authority: P.L. 113-128 and 34 C.F.R. Part 361. WSR 18-14-101, § 67-16-040, filed 7/3/18, effective 8/3/18. Statutory Authority: RCW 74.18.123. WSR 10-19-081, § 67-16-040, filed 9/16/10, effective 10/17/10. Statutory Authority: Chapter 74.18 RCW. WSR 04-12-029, § 67-16-040, filed 5/26/04, effective 7/1/04.]


PDF67-16-050

Must the executive director of DSB or designee conduct background checks on customers wanting to receive services from DSB?

(1) The executive director of DSB or designee may conduct a background check, as a vocational rehabilitation assessment service, for a customer who is seeking employment in a field that customarily requires a background check as a condition of employment.
(2) DSB may obtain a criminal history background check verifying that the customer is not excluded from employment in the field or specific job as part of the customer's informed choice in exploring or selecting an employment goal.
(3) A national fingerprint-based background check will be conducted if required by state law, federal regulations, or presidential directive.
[Statutory Authority: Chapter 74.18 RCW, P.L. 113-128, and 34 C.F.R. Part 361. WSR 25-23-077, s 67-16-050, filed 11/18/25, effective 12/19/25. Statutory Authority: P.L. 113-128 and 34 C.F.R. Part 361. WSR 18-14-101, § 67-16-050, filed 7/3/18, effective 8/3/18.]


PDF67-16-060

What is the executive director of DSB or designee's responsibilities in carrying out the requirements to conduct background checks?

The executive director of DSB or designee will:
(1) Develop policies and guidelines pertaining to background checks. The DSB's background check policies and guidelines must minimally address the following:
(a) Process for identifying department covered positions, contracts, and services;
(b) Notification to applicants and service providers that a background check is required for department covered positions or work;
(c) When applicants and service providers may be hired on a conditional basis pending the results of a background check;
(d) When a character, competence, and suitability review will be required to determine if the applicants and service providers may have unsupervised access to vulnerable individuals and youth or sensitive information;
(e) When rechecks may be initiated;
(2) Not further disseminate background check information unless authorized or required by law to do so; and
(3) Comply with public disclosure requirements and the rules of civil discovery when applicable.
[Statutory Authority: Chapter 74.18 RCW, P.L. 113-128, and 34 C.F.R. Part 361. WSR 25-23-077, s 67-16-060, filed 11/18/25, effective 12/19/25.]


PDF67-16-070

What information is considered in a background check conducted by DSB and how are the results of the background check used?

(1) The background check information considered by the executive director of DSB or designee will include, but is not limited to, conviction records, pending charges, and civil adjudications as defined in RCW 43.43.830.
(2) The background information must be used by executive director of DSB or designee to determine the character, competence, and suitability of the applicants and service providers to have unsupervised access to vulnerable individuals and youth.
(3) Background information that was the subject of a pardon, annulment, or other equivalent procedure will not disqualify any applicants, contractors, and service providers from having unsupervised access to vulnerable individuals and youth.
(4) Results of a background check may be discoverable pursuant to the rules of civil discovery, or subject to disclosure pursuant to a public records request.
[Statutory Authority: Chapter 74.18 RCW, P.L. 113-128, and 34 C.F.R. Part 361. WSR 25-23-077, s 67-16-070, filed 11/18/25, effective 12/19/25.]


PDF67-16-080

Must applicants and service providers authorize the executive director of DSB or designee to conduct a background check and what happens if they do not provide authorization?

(1) An applicant applying for a department covered position or a service provider wanting to conduct work on behalf of DSB must authorize the executive director of DSB or designee to conduct a background check which may include fingerprinting when required by state or federal law or regulations.
(2) Failure to authorize the executive director of DSB or designee to conduct a background check shall disqualify an applicant from consideration for any department covered position.
(3) Service providers who fail to authorize the executive director of DSB or designee to conduct a background check shall disqualify the service provider from providing services for DSB, including their current contract or service agreement.
[Statutory Authority: Chapter 74.18 RCW, P.L. 113-128, and 34 C.F.R. Part 361. WSR 25-23-077, s 67-16-080, filed 11/18/25, effective 12/19/25.]


PDF67-16-090

Who receives the results of a background check conducted by DSB?

(1) DSB follows laws related to the release of criminal history records (chapters 10.97 and 43.43 RCW), public disclosure (chapter 42.56 RCW), and other applicable laws when releasing background information.
(2) The authorized entity who submits a background check request receives a copy of the background check results.
(3) The executive director of DSB or designee receives a copy of the background check results.
(4) The hiring manager of the DSB position the applicant has applied for receives only the disqualifying result or no record result letter.
(5) The individual who is background checked may request a copy of their background check results.
[Statutory Authority: Chapter 74.18 RCW, P.L. 113-128, and 34 C.F.R. Part 361. WSR 25-23-077, s 67-16-090, filed 11/18/25, effective 12/19/25.]