WSR 08-15-083

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed July 16, 2008, 12:04 p.m. ]

     Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: Private security guards, chapter 18.170 RCW, fee increase.

     Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Conference Room 2209, Olympia, WA 98507, on September 4, 2008, at 10:30 a.m.

     Date of Intended Adoption: September 12, 2008.

     Submit Written Comments to: Mary Haglund, Department of Licensing, Public Protection Service Section, P.O. Box 9649, Olympia, WA 98502, e-mail Security@dol.wa.gov, fax (360) 570-7888, by September 2, 2008.

     Assistance for Persons with Disabilities: Contact administrative staff, TTY (360) 664-8885 or (360) 664-6611.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Please see the document below for the specific rule changes.

     Reasons Supporting Proposal: In the 2008 legislative session, the department of licensing's security guard program was granted an increase in spending authority to pay for increased expenditures. Because the program must be self supporting under RCW 43.24.086, the funds to pay program expenses must come from licensing fees. An increase in security guard applicants and the requirement to electronically transmit fingerprint cards to the Washington state patrol (WSP) has resulted in a workload increase that is beyond the capacity of the current data entry staff of 2.4 FTEs.

An increase in original applications of approximately 25%.
An increase in background checks due to passage of the Federal Intelligence Reform and Terrorism Prevention Act of 2004 (Section 6402-6403).
Use of card scan technology to communicate data with the Washington state patrol.

     Statutory Authority for Adoption: Chapter 18.170 RCW.

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

     Name of Proponent: Department of licensing, governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Mary Haglund, Olympia, Washington, (360) 664-6658; and Enforcement: Pat Brown, Olympia, Washington, (360) 664-6658.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Department of licensing is exempt from this requirement.

     A cost-benefit analysis is not required under RCW 34.05.328. Department of licensing is exempt from this requirement.

July 14, 2008

Shelly L. Hagen

Deputy Assistant Director

OTS-1768.1


AMENDATORY SECTION(Amending WSR 07-01-032, filed 12/12/06, effective 2/15/07)

WAC 308-18-150   Private security guard company, private security guard, and armed private security guard fees.   Licenses issued to private security guard companies and private security guards expire one year from the date of issuance and must be renewed each year. The fees are as follows:

Title of Fee Fee
Private security guard company/principal:
     Application/includes first examination $ 350.00
     Reexamination 25.00
     License renewal 300.00
     Late renewal with penalty 400.00
     Change of principal/includes first examination 100.00
     Principal armed endorsement 10.00
Private security guard:
     Original license ((85.00))

111.00

     Armed endorsement 10.00
     Transfer fee 25.00
Licensees with inactive licenses are not required to pay late renewal penalty fees.
     License renewal ((55.00))

85.00

((Note: License renewals without a Federal Bureau of Investigation background check will be required to pay additional background check fees.))
     License late renewal with penalty. Late fee is not due if submitting a renewal with a transfer or rehire application. ((70.00))

90.00

     Certified trainer endorsement examination/reexamination 25.00
     Certified trainer endorsement renewal 15.00
     Duplicate license 10.00

[Statutory Authority: Chapter 18.170 RCW and Federal Anti Terrorism and Prevention Act 2004. 07-01-032, § 308-18-150, filed 12/12/06, effective 2/15/07; 05-24-121, § 308-18-150, filed 12/7/05, effective 1/9/06. Statutory Authority: Chapter 18.170 RCW. 04-12-023, § 308-18-150, filed 5/26/04, effective 7/1/04. Statutory Authority: RCW 43.24.086 and chapter 18.170 RCW. 02-07-068, § 308-18-150, filed 3/18/02, effective 7/1/02. Statutory Authority: Chapter 18.170 RCW. 98-24-045, § 308-18-150, filed 11/25/98, effective 1/1/99. Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. 97-17-050, § 308-18-150, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170 [18.170.180](1). 93-11-025, § 308-18-150, filed 5/7/93, effective 7/1/93. Statutory Authority: RCW 18.170.180. 91-22-112, § 308-18-150, filed 11/6/91, effective 12/7/91.]

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