WAC 139-05-200 is unenforceable insofar as it purports to require commissioned law enforcement personnel employed before January 1, 1978, to complete a 440-hour basic law enforcement academy if they experience an interruption of employment in excess of 90 days.
RCW 41.26.470(2) provides that a disabled member who has recovered from an incapacitating disability, shall be restored to duty. The Criminal Justice Training Commission may not require law enforcement officers to obtain basic training pursuant to WAC 139-05-200(2)(c)(iii), as a condition of reemployment, when these officers have had a break or interruption in service due solely to disability under RCW 41.26.470.
Consideration of questions regarding the legal authority of the Washington Criminal Justice Training Commission to adopt certain proposed regulations establishing minimum standards of mental, physical and moral fitness for appointment to various state and local law enforcement positions.