WSR 03-03-024

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed January 8, 2003, 1:04 p.m. , effective February 10, 2003 ]

Date of Adoption: January 8, 2003.

Purpose: (1) The department needs to plug the gap in current law by passing a rule that will require aliens to produce their alien firearm licenses when applying for and renewing their armed private investigator licenses. The department issues aliens armed private investigator licenses and by doing so it implies that the alien is legal to be armed, which is not true because an alien commits a felony by carrying or possessing a firearm without an alien firearm license.

(2) Maintaining the annual shooting requirements at the private investigator company level will reduce turn-around time and reduce workloads for armed private investigator licensing renewals without compromising public safety.

Citation of Existing Rules Affected by this Order: Amending WAC 308-17-120 and 308-17-240.

Statutory Authority for Adoption: Chapter 18.165 RCW.

Adopted under notice filed as WSR 02-23-059 on November 18, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Effective Date of Rule: February 10, 2003.

January 8, 2003

Alan E. Rathbun

Assistant Director


AMENDATORY SECTION(Amending WSR 97-17-051, filed 8/15/97)

WAC 308-17-120   Armed private investigator applications -- Conditions.   (1) Any person desiring to be an armed private detective shall obtain a firearms certificate from the criminal justice training commission, make application on a form prescribed by the director, and pay a nonrefundable fee as prescribed by WAC 308-17-150.

(2) If the applicant is an alien resident, the applicant must provide proof of their Alien Firearm License when they submit an application for original or renewal of their armed private investigator license. Proof of Alien Firearm License may be provided by submitting a copy of their current Alien Firearm License.

[Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. 97-17-051, 308-17-120, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. 91-22-111, 308-17-120, filed 11/6/91, effective 12/7/91.]


AMENDATORY SECTION(Amending WSR 97-17-051, filed 8/15/97)

WAC 308-17-240   Required records.   The minimum records the principal of a private investigative agency shall be required to keep are:

(1) ((p)) Preassignment training and testing records for each private investigator.

(2) The company principal shall maintain proof of annual shooting requirements for each armed private investigator employed by the private investigator company in the armed private investigator's training files or employee's files. These records shall be retained and available for inspection by the director or the director's authorized representative for a minimum of three years.

[Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. 97-17-051, 308-17-240, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. 91-22-111, 308-17-240, filed 11/6/91, effective 12/7/91.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office