WSR 08-04-048

PROPOSED RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[ Filed January 31, 2008, 2:34 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-10-056 [07-21-056].

Title of Rule and Other Identifying Information: WAC 139-35-015 Firearms certification -- Application, this rule sets the conditions that must be met before a private detective can be licensed as an armed private detective. The fee is included in the rule as are the conditions that must be met if the person carries more than one weapon.

Hearing Location(s): 19010 1st Avenue South, Burien, WA 98418 [98148], on March 12, 2008, at 10:00 a.m.

Date of Intended Adoption: March 12, 2008.

Submit Written Comments to: Doug Blair, 19010 1st Avenue South, Burien, WA 98148, e-mail dblair@cjtc.state.wa.us, fax (206) 835-7928, by February 15, 2008.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will accurately reflect the actual fee being charged for the firearms permit. It also provides clarity to the process that a person must complete if they choose to carry more than one weapon as a part of their assignment.

Statutory Authority for Adoption: RCW 43.101.080.

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

Name of Proponent: Washington state criminal justice training commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Doug Blair, 19010 1st Avenue South, Burien, WA 98148, (206) 835-7352.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2); therefore, a small business economic impact statement is not required.

A cost-benefit analysis is not required under RCW 34.05.328. Proposal is exempt under RCW 19.85.025(2); therefore, a cost-benefit analysis is not required.

December 14, 2007

Cheryl A. Price

Public Records Officer

OTS-1259.1


AMENDATORY SECTION(Amending WSR 03-07-098, filed 3/19/03, effective 4/19/03)

WAC 139-35-015   Firearms certification -- Application.   (1) Any application for firearms certification shall:

(a) Be filed with the commission on a form provided by the commission;

(b) Be signed by the principal owner, principal partner, principal corporate officer, or designated agent of the licensed private detective agency employing the applicant;

(c) Establish through required documentation or otherwise that applicant:

(i) Is at least twenty-one years of age; and

(ii) Possesses a valid and current private detective license.

(d) Be accompanied by payment of a processing fee ((of thirty-one dollars)) as set by the commission.

(2) After receipt and review of an application, the commission will provide written notification within ten days to the requesting agency regarding applicant's eligibility to obtain and possess a firearms certificate.

(3) An armed private detective must ((obtain a separate firearm certificate)) be qualified by a firearms instructor certified by the commission and provide the commission with proof of the initial qualification for each firearm that he/she is authorized to use in the performance of his/her duties.

(4) It shall be the responsibility of the employer to insure that the armed private detective demonstrates proficiency standards on an annual basis with each firearm that he/she is certified to use. Proficiency standards shall be set by the commission.

[Statutory Authority: RCW 43.101.080. 03-07-098, 139-35-015, filed 3/19/03, effective 4/19/03. Statutory Authority: RCW 43.101.080(2). 92-02-041, 139-35-015, filed 12/24/91, effective 1/24/92.]

Washington State Code Reviser's Office