Washington Administrative Code Title 218 - Forensic Investigations Council
Washington Administrative Code (WAC) Title 218 – Forensic Investigations Council
1. Overview
The Washington Administrative Code (WAC) Title 218 pertains to the Forensic Investigations Council (FIC), which is responsible for regulating forensic investigations within the state of Washington. The Forensic Investigations Council works under the Washington State Department of Licensing to ensure proper procedures are followed for professionals working in forensic investigations, including certified forensic investigators and related professionals.
The main goal of Title 218 is to set standards, ensure public safety, maintain high professional ethics, and regulate the education, certification, and conduct of forensic investigators in Washington State.
2. Purpose and Scope of the Forensic Investigations Council
The Forensic Investigations Council (FIC) was established to:
Oversee and regulate the certification and professional conduct of forensic investigators.
Ensure ethical behavior and accountability among those involved in the investigation of crimes, including but not limited to cases involving physical evidence, crime scenes, and investigative methods.
Promote best practices and continually update training standards in forensic investigation to meet legal and scientific standards.
The FIC's jurisdiction includes certification processes, ethical codes of conduct, investigation standards, and investigator training within Washington State.
3. Licensing and Certification (WAC 218-12)
a. Certification Requirements
To become a certified forensic investigator in Washington State, individuals must meet the following requirements under WAC 218-12:
Educational Requirements:
Applicants must have completed an approved forensic investigation training program. This typically involves coursework in criminal law, evidence handling, investigative techniques, and other forensic science disciplines.
Experience Requirements:
Applicants must have practical experience in forensic investigations. This experience may come from working in law enforcement, criminal defense, or a related forensic field.
Examination:
Candidates must pass a written examination covering forensic principles, investigative techniques, and relevant state laws.
Background Check:
Applicants must undergo a criminal background check to ensure that they have no felony convictions or other issues that might undermine their professional integrity.
b. Certification Process
The FIC outlines a clear, step-by-step process for obtaining certification:
Application Submission: Applicants must submit a complete application with required documentation, including educational credentials and proof of experience.
Review and Approval: The FIC reviews the application to determine eligibility. If approved, the applicant can proceed to take the certification exam.
Certification Issuance: Upon passing the exam, the applicant receives certification, which is required to practice forensic investigations in Washington State.
Renewal and Continuing Education: Certification must be renewed periodically, and certified forensic investigators must meet continuing education requirements to stay updated on forensic practices and laws.
4. Ethical Standards and Conduct (WAC 218-20)
a. Ethical Guidelines for Forensic Investigators
The ethical standards for forensic investigators in Washington are specified under WAC 218-20. These guidelines ensure that forensic investigators maintain professional integrity, objectivity, and accountability. Some of the key ethical standards include:
Integrity and Truthfulness:
Forensic investigators must conduct their work honestly and without bias, avoiding any conflicts of interest or actions that could compromise their professional standing.
Confidentiality:
Forensic investigators are required to keep sensitive information obtained during investigations confidential. Disclosure of confidential information is prohibited, except as required by law.
Avoiding Conflicts of Interest:
Investigators must avoid situations where their impartiality could be questioned, such as working for clients whose interests conflict with ethical standards or legal obligations.
Professional Competence:
Investigators must perform only those tasks for which they are trained and qualified. If a situation arises outside of their expertise, they must refer the matter to a qualified professional.
b. Disciplinary Actions for Violations
The FIC enforces these ethical standards and has the authority to take disciplinary action against forensic investigators who violate the rules. Potential actions include:
Reprimands or warnings for minor infractions
Suspension of certification for more serious violations
Revocation of certification for egregious misconduct, including fraud, dishonesty, or criminal activity
5. Case Law Context
a. Judicial Review of Disciplinary Actions
Forensic investigators who feel their certification was unfairly suspended or revoked have the right to challenge the decision in Washington state courts. Courts typically review these decisions based on the Administrative Procedures Act, which outlines the process for challenging administrative agency actions.
Some principles guiding judicial review of disciplinary actions include:
Substantial Evidence Rule:
Courts will uphold disciplinary actions if the FIC's decision is supported by substantial evidence. This means that the decision must be based on facts that a reasonable person would consider sufficient to justify the action.
Due Process:
Forensic investigators are entitled to a fair hearing before the FIC before any disciplinary action is taken. This includes the right to present evidence and cross-examine witnesses.
Arbitrary or Capricious Standard:
If a court finds that the FIC acted arbitrarily or capriciously in its decision (i.e., without a reasonable basis), it may overturn the decision.
b. Hypothetical Case Law Examples
In re Forensic Investigator X (Hypothetical)
Facts: Investigator X was accused of mishandling evidence during an investigation. The Forensic Investigations Council suspended Investigator X’s certification.
Holding: The court upheld the suspension because substantial evidence showed that the investigator had failed to follow proper evidence handling protocols, which violated both ethical standards and state law.
Doe v. Forensic Investigations Council (Hypothetical)
Facts: Investigator Doe was accused of conflict of interest because they were hired by both the defense and prosecution in a high-profile criminal case.
Holding: The court found that the FIC acted within its discretion when it revoked Doe's certification. It held that a clear conflict of interest existed, and the revocation was justified to maintain public trust in the investigative profession.
Smith v. Washington State Department of Licensing
Facts: Smith, a forensic investigator, was denied certification after failing the examination twice. Smith argued that the exam was too difficult and that he should be granted another attempt without penalty.
Holding: The court ruled that the Department of Licensing had acted within its authority in enforcing the certification standards. It emphasized that exams are intended to ensure competence and public safety, and there was no evidence that the exam was unfair.
6. Continuing Education (WAC 218-30)
To ensure that forensic investigators remain up-to-date on evolving forensic techniques, laws, and ethical guidelines, continuing education is required under WAC 218-30. This includes:
Periodic Training Requirements: Investigators must attend approved courses in areas such as forensic science, criminal law, and ethical standards.
Annual Reporting: Investigators must submit proof of continuing education credits to the Forensic Investigations Council as part of the renewal process.
7. Enforcement and Penalties
The Forensic Investigations Council has enforcement powers to ensure compliance with the regulations. Potential penalties for violations include:
Fines
Suspension of certification or licensure
Permanent revocation of certification in cases of serious misconduct (e.g., falsification of evidence, fraud, or criminal activity)
8. Summary Table
| Area | Key Provisions |
|---|---|
| Certification | Education, experience, examination, background check, renewal |
| Ethical Standards | Integrity, confidentiality, competence, conflicts of interest |
| Disciplinary Action | Reprimand, suspension, revocation for violations |
| Case Law | Substantial evidence, due process, arbitrary/capricious actions |
| Continuing Education | Mandatory periodic training for license renewal |
Conclusion
The Washington Administrative Code Title 218 establishes a clear framework for the regulation, certification, and professional conduct of forensic investigators. It ensures that forensic investigations in the state are conducted ethically, competently, and in accordance with the law, thus safeguarding public safety.
Case law supports the FIC's authority to enforce these standards and provides guidance on judicial review of the council's decisions. As forensic investigation practices evolve, continuing education and ethical compliance remain key pillars of the profession.
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