WSR 04-07-032

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed March 9, 2004, 11:09 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-20-066.

Title of Rule: WAC 308-17-150 Private investigator agency, private investigator and armed private investigator fees.

Purpose: As a self-supporting program under RCW 43.240.086, the private investigator program adjusts fees to be in alignment with expenses. Based on projected revenue and expenditures, the program is decreasing fees.

Other Identifying Information: The new proposed fees will be effective beginning July 1, 2004.

Statutory Authority for Adoption: Chapter 18.165 RCW.

Statute Being Implemented: Not applicable.

Summary: The proposed amendments will lower some private investigator licensing fees.

Reasons Supporting Proposal: In order to be in compliance with RCW 43.24.086 and operate within the state's budget.

Name of Agency Personnel Responsible for Drafting and Implementation: Mary Haglund, Olympia, (360) 664-6624; and Enforcement: Pat Brown, Olympia, (360) 664-6624.

Name of Proponent: Department of Licensing, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The private investigator program is in the general fund and is subject to across-the-board GF reductions during times of budget shortfalls. The state operates with a balanced budget every year and cannot spend more money than is coming in. Currently, the state's spending surpassed its revenue and GF programs are required to reduce spending to keep the budget balanced. When the program reduces spending, it also must reduce fees to stay in compliance with the statutory requirement to be self-supporting.

Proposal Changes the Following Existing Rules: See below.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule does not have an economic impact to the licenses or stakeholders.

RCW 34.05.328 applies to this rule adoption. Because the Department of Licensing (DOL) is not one of the named agencies to which this rule applies. Agencies that are not named can apply this rule to themselves voluntarily. DOL has chosen not to do this.

Hearing Location: Department of Licensing, 405 Black Lake Boulevard, Building #2, Room #209, Olympia, WA 98507, on April 28, 2004, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Mary Haglund by April 27, 2004, TDD (360) 664-8885.

Submit Written Comments to: Mary Haglund, Department of Licensing, Public Protection Unit, P.O. Box 9649, Olympia, WA 98507-9649, (360) 664-6624, fax (360) 570-7888.

Date of Intended Adoption: May 26, 2004.

March 3, 2004

Mykel D. Gable

Assistant Director

OTS-7012.1


AMENDATORY SECTION(Amending WSR 02-11-098, filed 5/20/02, effective 10/1/02)

WAC 308-17-150   Private investigative agency, private investigator, and armed private investigator fees.   ((The following fees for a one-year period shall be charged by professional licensing services of the department of licensing:)) Licenses issued to private investigator agencies and private investigators expire one year from the date of issuance and must be renewed each year. The fees are as follows:


Title of Fee Fee
Private investigative agency/principal fee:
Application/examination/

includes first examination

$ ((550.00)) 500.00
Principal armed endorsement 100.00
Reexamination 25.00
License renewal ((450.00)) 300.00
Late renewal ((with)) penalty ((600.00)) See below*
Change of principal/includes first examination 150.00
((Certification 25.00))
Private investigator:
Original license 150.00
Armed endorsement 100.00
Transfer fee 25.00
((Certified trainer examination/ reexamination 25.00
Certified trainer renewal 15.00))
License renewal 150.00
Late renewal with penalty 200.00
((Certification 25.00
Armed private investigator:
Original license 100.00
Transfer fee 25.00))
Certified trainer endorsement examination/ reexamination 25.00
Certified trainer endorsement renewal 15.00
((License renewal 150.00
Late renewal with penalty 250.00
Certification 25.00
Change of unarmed qualified agent 150.00
Change of armed qualified agent 100.00))
*Private investigative agency license renewals filed after the license expiration date will be charged the master license service late renewal fee in compliance with RCW 19.02.085.

[Statutory Authority: RCW 43.24.086 and chapter 18.165 RCW. 02-11-098, 308-17-150, filed 5/20/02, effective 10/1/02. Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. 97-17-051, 308-17-150, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170(1). 93-16-060, 308-17-150, filed 7/29/93, effective 9/1/93. Statutory Authority: RCW 18.165.170. 91-22-111, 308-17-150, filed 11/6/91, effective 12/7/91.]

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