AN ACT
Relating to professional licensing of private security and investigation;
amending RCW 18.170.030, 18.170.060, 18.170.070, 18.170.090, 18.170.100,
18.170.110, 18.170.120, 18.170.130, 18.170.160, 18.170.170, 18.170.180,
18.170.190, 18.170.230, 18.170.250, 18.165.010, 18.165.020, 18.165.030,
18.165.040, 18.165.050, 18.165.060, 18.165.070, 18.165.080, 18.165.090,
18.165.100, 18.165.110, 18.165.120, 18.165.130, 18.165.140, 18.165.150,
18.165.160, 18.165.170, 18.165.180, 18.165.190, 18.165.220, and 18.165.240;
adding new sections to chapter 18.170 RCW; adding new sections to chapter
18.165 RCW; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.170.030 and 1991 c 334 s 3 are each amended to read as follows:
An
applicant must meet the following minimum requirements to obtain a private
security guard license:
(1) Be
at least eighteen years of age;
(2) Be
a citizen of the United States or a resident alien;
(3)
Not have been convicted of a crime in any jurisdiction, if the director
determines that the applicant's particular crime directly relates to his or her
capacity to perform the duties of a private security guard, and the director
determines that the license should be withheld to protect the citizens of
Washington state. The director shall make her or his determination to withhold
a license because of previous convictions ((consistent with)) notwithstanding
the restoration of employment rights act, chapter 9.96A RCW;
(4) Be
employed by or have an employment offer from a licensed private security
company or be licensed as a private security company;
(5)
Satisfy the training requirements established by the director;
(6)
Submit a set of fingerprints; ((and))
(7)
Pay the required nonrefundable fee for each application; and
(8)
Submit a fully completed application that includes proper identification on a
form prescribed by the director for each company of employment.
NEW
SECTION. Sec. 2. A new
section is added to chapter 18.170 RCW to read as follows:
A
licensee who transfers from one company to another must submit a transfer
application on a form prescribed by the director along with a transfer fee
established by the director.
NEW
SECTION. Sec. 3. A new
section is added to chapter 18.170 RCW to read as follows:
No
licensee, employee or agent of a licensee, or anyone accompanying a licensee,
employee, or agent may display a firearm while soliciting a client.
Sec.
4. RCW
18.170.060 and 1991 c 334 s 6 are each amended to read as follows:
(1) In
addition to meeting the minimum requirements to obtain a license as a private
security guard, an applicant, or, in the case of a partnership, each partner,
or, in the case of a corporation, the qualifying agent must meet the following
requirements to obtain a license to own or operate a private security company:
(a)
Possess three years' experience as a manager, supervisor, or administrator in
the private security business or a related field approved by the director, or
be at least twenty-one years of age and pass an examination determined by the
director to measure the person's knowledge and competence in the private
security business;
(b)
Meet the insurance requirements of this chapter; and
(c)
Pay any additional fees established by the director.
(2) If
the qualifying agent upon whom the licensee relies to comply with subsection
(1) of this section ceases to perform his or her duties on a regular basis, the
licensee must promptly notify the director by certified or registered mail.
Within sixty days of sending notification to the director, the licensee must
obtain a substitute qualifying agent who meets the requirements of this
section. The director may extend the period for obtaining a substitute
qualifying agent.
(3) A
company license issued pursuant to this section may not be assigned or
transferred without prior written approval of the director.
(4)
No license to own or operate a private security guard company may be issued to
an applicant if the name of the company portrays the company as a public law
enforcement agency, or in association with a public law enforcement agency, or
includes the word "police".
Sec.
5. RCW
18.170.070 and 1991 c 334 s 7 are each amended to read as follows:
(1)
The director shall issue a private security guard license card to each licensed
private security guard and an armed private security guard license card to each
armed private security guard.
(a)
The license card may not be used as security clearance ((or as
identification)).
(b) A
private security guard shall carry the license card whenever he or she is
performing the duties of a private security guard and shall exhibit the card
upon request.
(c) An
armed private security guard shall carry the license card whenever he or she is
performing the duties of an armed private security guard and shall exhibit the
card upon request.
(2)
The director shall issue a license certificate to each licensed private
security company.
(a)
Within seventy-two hours after receipt of the license certificate, the licensee
shall post and display the certificate in a conspicuous place in the principal
office of the licensee within the state.
(b) It
is unlawful for any person holding a license certificate to knowingly and
willfully post the license certificate upon premises other than those described
in the license certificate or to materially alter a license certificate.
(c)
Every advertisement by a licensee that solicits or advertises business shall
contain the name of the licensee, the address of record, and the license number
as they appear in the records of the director.
(d)
The licensee shall notify the director within thirty days of any change in the
licensee's officers or directors or any material change in the information
furnished or required to be furnished to the director.
Sec.
6. RCW
18.170.090 and 1991 c 334 s 9 are each amended to read as follows:
(1) A
licensed private security company may issue an employee a temporary
registration card of the type and form ((prescribed)) provided by
the director, but only after the employee has completed preassignment training
and submitted ((an)) a full and complete application for a
private security guard license to the department. The application must be
mailed to the department within three business days after issuance of the
temporary registration card. The temporary registration card is valid for
a maximum period of sixty days and does not authorize a person to carry
firearms during the performance of his or her duties as a private security
guard. The temporary registration card permits the applicant to perform the
duties of a private security guard for the issuing licensee.
(2)
Upon expiration of a temporary registration card or upon the receipt of a
permanent registration card or notification from the department that a
permanent license is being withheld from an applicant, the applicant shall
surrender his or her temporary registration card to the licensee ((who shall
immediately forward it to the director)).
(3)
The director may suspend the authority to use temporary registration cards for
a period of one year for any private security guard company that fails to
comply with the provisions of this section. After the suspension period, the
director may reinstate the company's use of temporary registration cards after
receipt of a written request from the company.
Sec.
7. RCW 18.170.100
and 1991 c 334 s 10 are each amended to read as follows:
(1)
The director shall adopt rules establishing preassignment training and testing
requirements, which shall include a minimum of four hours of classes. The
director may establish, by rule, continuing education requirements for private
security guards.
(2)
The director shall consult with the private security industry and law
enforcement before adopting or amending the preassignment training or
continuing education requirements of this section.
(((3)
A private security guard or armed private security guard need not fulfill the
preassignment training requirements of this chapter if he or she, within sixty
days of July 28, 1991, provides proof to the director that he or she previously
has met the training requirements of this chapter or has been employed as a
private security guard or armed private security guard for at least eighteen
consecutive months immediately prior to the date of application.))
Sec.
8. RCW 18.170.110
and 1991 c 334 s 11 are each amended to read as follows:
(1) A
private security company shall notify the director within thirty days after the
death or termination of employment of any employee who is a licensed private
security guard or armed private security guard by returning the license to
the department with the word terminated written across the face of the license,
the date of termination, and the signature of the principal or the principal's
designee of the private security guard company.
(2) A
private security company shall notify the department within seventy-two hours
and the chief law enforcement officer of the county, city, or town in which the
private security guard or armed private security guard was last employed
immediately upon receipt of information affecting his or her continuing
eligibility to hold a license under the provisions of this chapter.
(3)
A private security guard company shall notify the local law enforcement agency
whenever an employee who is an armed private security guard discharges his or
her firearm while on duty other than on a supervised firearm range. The
notification shall be made within ten business days of the date the firearm is
discharged.
Sec.
9. RCW
18.170.120 and 1991 c 334 s 12 are each amended to read as follows:
(1)
Any person from another state that the director determines has selection,
training, and other requirements at least equal to those required by this
chapter, and who holds a valid license, registration, identification, or
similar card issued by the other state, may apply for a private security guard
license card or armed private security guard license card on a form prescribed
by the director. Upon receipt of a processing fee to be determined by the director,
the director shall issue the individual a private security guard license card
or armed private security guard license card.
(2) A
valid private security guard license, registration, identification, or similar
card issued by any other state of the United States is valid in this state for
a period of ninety days, but only if the licensee is on temporary assignment as
a private security guard for the same employer that employs the licensee in the
state in which he or she is a permanent resident.
(3)
A person from another state on temporary assignment in Washington may not
solicit business in this state or represent himself or herself as licensed in
this state.
Sec.
10. RCW
18.170.130 and 1991 c 334 s 13 are each amended to read as follows:
(1)
Applications for licenses required under this chapter shall be filed with the
director on a form provided by the director. The director may require any
information and documentation that reasonably relates to the need to determine
whether the applicant meets the criteria.
(2)
After receipt of an application for a license, the director shall conduct an
investigation to determine whether the facts set forth in the application are
true and shall request that the Washington state patrol compare the
fingerprints submitted with the application to fingerprint records available to
the Washington state patrol. The Washington state patrol shall forward the
fingerprints of applicants for an armed private security guard license to the
federal bureau of investigation for a national criminal history records check.
The director may require that fingerprint cards of licensees be periodically
reprocessed to identify criminal convictions subsequent to registration.
(3) The
director shall solicit comments from the chief law enforcement officer of the
county and city or town in which the applicant's employer is located on
issuance of a permanent private security guard license.
(4)
A summary of the information acquired under this section, to the extent that it
is public information, shall be forwarded by the department to the applicant's
employer ((and to the chief law enforcement officer of the county and city
or town in which the applicant's employer is located, for the purpose of
comment prior to the issuance of a permanent private security guard license)).
Sec.
11. RCW
18.170.160 and 1991 c 334 s 16 are each amended to read as follows:
(1)
After June 30, 1992, any person who performs the functions and duties of a
private security guard in this state without being licensed in accordance with
this chapter, or any person presenting or attempting to use as his or her own
the license of another, or any person who gives false or forged evidence of any
kind to the director in obtaining a license, or any person who falsely
impersonates any other licensee, or any person who attempts to use an expired
or revoked license, or any person who violates any of the provisions of this
chapter is guilty of a gross misdemeanor.
(2)
After January 1, 1992, a person is guilty of a gross misdemeanor if he or she
owns or operates a private security company in this state without first
obtaining a private security company license.
(3)
After June 30, 1992, the owner or qualifying agent of a private security
company is guilty of a gross misdemeanor if he or she employs an unlicensed
person to perform the duties of a private security guard without issuing the
employee a valid temporary registration card if the employee does not have in
his or her possession a permanent private security guard license issued by the
department. This subsection does not preclude a private security company from
requiring applicants to attend preassignment training classes or from paying
wages for attending the required preassignment training classes.
(4)
After June 30, 1992, a person is guilty of a gross misdemeanor if he or she
performs the functions and duties of an armed private security guard in this
state unless the person holds a valid armed private security guard license
issued by the department.
(5)
After June 30, 1992, it is a gross misdemeanor for a private security company
to hire, contract with, or otherwise engage the services of an unlicensed armed
private security guard knowing that he or she does not have a valid armed
private security guard license issued by the director.
(6) It
is a gross misdemeanor for a person to possess or use any vehicle or equipment
displaying the word "police" or "law enforcement officer"
or having any sign, shield, marking, accessory, or insignia that indicates that
the equipment or vehicle belongs to a public law enforcement agency.
(7) It
is a gross misdemeanor for any person who performs the functions and duties of
a private security guard to use any name that includes the word
"police" or "law enforcement" or that portrays the
individual or a business as a public law enforcement agency.
(8)
It is the duty of all officers of the state and political subdivisions thereof
to enforce the provisions of this chapter. The attorney general shall act as
legal adviser of the director, and render such legal assistance as may be
necessary in carrying out the provisions of this chapter.
Sec.
12. RCW
18.170.170 and 1991 c 334 s 17 are each amended to read as follows:
The
following acts are prohibited and constitute grounds for disciplinary action,
assessing administrative penalties, or denial, suspension, or revocation of
any license under this chapter, as deemed appropriate by the director:
(1)
Knowingly violating any of the provisions of this chapter or the rules adopted
under this chapter;
(2)
Practicing fraud, deceit, or misrepresentation in any of the private security
activities covered by this chapter;
(3)
Knowingly making a material misstatement or omission in the application for a
license or firearms certificate;
(4)
Not meeting the qualifications set forth in RCW 18.170.030, 18.170.040, or
18.170.060;
(5)
Failing to return immediately on demand a firearm issued by an employer;
(6)
Carrying a firearm in the performance of his or her duties if not the holder of
a valid armed private security guard license, or carrying a firearm not meeting
the provisions of this chapter while in the performance of his or her duties;
(7)
Failing to return immediately on demand any uniform, badge, or other item of
equipment issued to the private security guard by an employer;
(8)
Making any statement that would reasonably cause another person to believe that
the private security guard is a sworn peace officer;
(9)
Divulging confidential information that may compromise the security of any
premises, or valuables shipment, or any activity of a client to which he or she
was assigned;
(10) Conviction
of a gross misdemeanor or felony or the commission of any act involving moral
turpitude, dishonesty, or corruption whether the act constitutes a crime or
not. If the act constitutes a crime, conviction in a criminal proceeding is
not a condition precedent to disciplinary action. Upon such a conviction,
however, the judgment and sentence is conclusive evidence at the ensuing
disciplinary hearing of the guilt of the license holder or applicant of the
crime described in the indictment or information, and of the person's violation
of the statute on which it is based. For the purposes of this section,
conviction includes all instances in which a plea of guilty or nolo contendere
is the basis for the conviction and all proceedings in which the sentence has
been deferred or suspended((. Nothing in this section abrogates rights
guaranteed under chapter 9.96A RCW));
(11)
Misrepresentation or concealment of a material fact in obtaining a license or
in reinstatement thereof;
(12)
Advertising that is false, fraudulent, or misleading;
(13)
Incompetence or negligence that results in injury to a person or that creates
an unreasonable risk that a person may be harmed;
(14)
Suspension, revocation, or restriction of the individual's license to practice
the profession by competent authority in any state, federal, or foreign
jurisdiction, a certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or restriction;
(15)
Failure to cooperate with the director by:
(a)
Not furnishing any necessary papers or documents requested by the director for
purposes of conducting an investigation for disciplinary action, denial,
suspension, or revocation of a license under this chapter;
(b)
Not furnishing in writing a full and complete explanation covering the matter
contained in a complaint filed with the department; or
(c)
Not responding to subpoenas issued by the director, whether or not the
recipient of the subpoena is the accused in the proceeding;
(16) Failure
to comply with an order issued by the director or an assurance of
discontinuance entered into with the disciplining authority;
(17)
Aiding or abetting an unlicensed person to practice if a license is required;
(18)
Misrepresentation or fraud in any aspect of the conduct of the business or
profession;
(19)
Failure to adequately supervise employees to the extent that the public health
or safety is at risk;
(20)
Interference with an investigation or disciplinary proceeding by willful
misrepresentation of facts before the director or the director's authorized
representative, or by the use of threats or harassment against a client or
witness to prevent them from providing evidence in a disciplinary proceeding or
any other legal action;
(21)
Assigning or transferring any license issued pursuant to the provisions of this
chapter, except as provided in RCW 18.170.060;
(22)
Failure to maintain insurance; and
(23)
Failure to have a qualifying principal in place.
Sec.
13. RCW 18.170.180
and 1991 c 334 s 18 are each amended to read as follows:
The
director shall establish ad hoc advisory committees consisting of no less than
five representatives of the private security guard industry who shall consult
with the Washington law enforcement executive forum or a similar broad based
organization or association to assist in the development of policies to carry
out the purposes of this chapter.
The
director has the following authority in administering this chapter:
(1) To
adopt, amend, and rescind rules as deemed necessary to carry out this chapter;
(2) To
issue subpoenas and administer oaths in connection with an investigation,
hearing, or proceeding held under this chapter;
(3) To
take or cause depositions to be taken and use other discovery procedures as
needed in an investigation, hearing, or proceeding held under this chapter;
(4) To
compel attendance of witnesses at hearings;
(5) In
the course of investigating a complaint or report of unprofessional conduct, to
conduct practice reviews;
(6) To
take emergency action ordering summary suspension of a license, or restriction
or limitation of the licensee's practice pending proceedings by the director;
(7) To
use the office of administrative hearings as authorized in chapter 34.12 RCW to
conduct hearings. However, the director or the director's designee shall make
the final decision in the hearing;
(8) To
enter into contracts for professional services determined to be necessary for
adequate enforcement of this chapter;
(9) To
adopt standards of professional conduct or practice;
(10)
In the event of a finding of unprofessional conduct by an applicant or license
holder, to impose sanctions against a license applicant or license holder as
provided by this chapter;
(11)
To enter into an assurance of discontinuance in lieu of issuing a statement of
charges or conducting a hearing. The assurance shall consist of a statement of
the law in question and an agreement to not violate the stated provision. The
applicant or license holder shall not be required to admit to any violation of
the law, and the assurance shall not be construed as such an admission.
Violation of an assurance under this subsection is grounds for disciplinary
action;
(12)
To designate individuals authorized to sign subpoenas and statements of
charges;
(13)
To employ such investigative, administrative, and clerical staff as necessary
for the enforcement of this chapter; ((and))
(14)
To compel the attendance of witnesses at hearings; and
(15)
To assess administrative penalties for violations of law, rules, or regulations.
Sec.
14. RCW
18.170.190 and 1991 c 334 s 19 are each amended to read as follows:
A person,
including but not limited to consumers, licensees, corporations, organizations,
and state and local governmental agencies, may submit a written complaint to
the department charging a license holder or applicant with unprofessional or
unlawful conduct and specifying the grounds for this charge. If the
director determines that the complaint merits investigation, or if the director
has reason to believe, without a formal complaint, that a license holder or
applicant may have engaged in unprofessional or unlawful conduct, the
director shall investigate to determine if there has been unprofessional or
unlawful conduct. A person who files a complaint under this section in
good faith is immune from suit in any civil action related to the filing or
contents of the complaint.
Sec.
15. RCW
18.170.230 and 1991 c 334 s 23 are each amended to read as follows:
Upon a
finding that a license holder or applicant has committed unprofessional conduct
or is unable to practice with reasonable skill and safety due to a physical or
mental condition, the director may issue an order providing for one or any
combination of the following:
(1)
Revocation of the license;
(2)
Suspension of the license for a fixed or indefinite term;
(3)
Restriction or limitation of the practice;
(4)
Requiring the satisfactory completion of a specific program of remedial
education or treatment;
(5)
Monitoring of the practice by a supervisor approved by the director;
(6)
Censure or reprimand;
(7)
Compliance with conditions of probation for a designated period of time;
(8)
Withholding a license request;
(9)
Other corrective action; ((or))
(10)
Refund of fees billed to and collected from the consumer; or
(11)
The assessment of administrative penalties.
Any of
the actions under this section may be totally or partly stayed by the
director. All costs associated with compliance with orders issued under this
section are the obligation of the license holder or applicant.
Sec.
16. RCW
18.170.250 and 1991 c 334 s 25 are each amended to read as follows:
(1)
The director shall investigate complaints concerning practice by unlicensed
persons of a profession or business for which a license is required by this
chapter. In the investigation of the complaints, the director shall have the
same authority as provided the director under RCW 18.170.190. The director
shall issue a cease and desist order to a person after notice and hearing and
upon a determination that the person has violated this subsection. If the
director makes a written finding of fact that the public interest will be
irreparably harmed by delay in issuing an order, the director may issue a
temporary cease and desist order. The cease and desist order shall not relieve
the person practicing or operating a business without a license from criminal
prosecution therefor, but the remedy of a cease and desist order shall be in
addition to any criminal liability. The cease and desist order is conclusive
proof of unlicensed practice and may be enforced under RCW 7.21.060. This
method of enforcement of the cease and desist order may be used in addition to,
or as an alternative to, any provisions for enforcement of agency orders.
(2)
The attorney general, a county prosecuting attorney, the director, or any
person may, in accordance with the law of this state governing injunctions,
maintain an action in the name of this state to enjoin any person practicing a
profession or business for which a license is required by this chapter without
a license from engaging in such practice or operating such business until the
required license is secured. However, the injunction shall not relieve the
person practicing or operating a business without a license from criminal
prosecution therefor, but the remedy by injunction shall be in addition to any
criminal liability.
(3)
Unlicensed practice of a profession or operating a business for which a license
is required by this chapter, unless otherwise exempted by law, constitutes a
gross misdemeanor. ((All fees, fines, forfeitures, and penalties collected
or assessed by a court because of a violation of this section shall be remitted
to the department.))
Sec.
17. RCW
18.165.010 and 1991 c 328 s 1 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Armed private ((detective)) investigator" means a
private ((detective)) investigator who has a current firearms
certificate issued by the commission and is licensed as an armed private ((detective))
investigator under this chapter.
(2)
"Chief law enforcement officer" means the elected or appointed police
administrator of a municipal, county, or state police or sheriff's department
that has full law enforcement powers in its jurisdiction.
(3)
"Commission" means the criminal justice training commission
established in chapter 43.101 RCW.
(4)
"Department" means the department of licensing.
(5)
"Director" means the director of the department of licensing.
(6)
"Employer" includes any individual, firm, corporation, partnership,
association, company, society, manager, contractor, subcontractor, bureau,
agency, service, office, or an agent of any of the foregoing that employs or
seeks to enter into an arrangement to employ any person as a private ((detective))
investigator.
(7)
"Firearms certificate" means a certificate issued by the commission.
(8)
"Forensic scientist" or "accident reconstructionist" means
a person engaged exclusively in collecting and analyzing physical evidence and
data relating to an accident or other matter and compiling such evidence or
data to render an opinion of likely cause, fault, or circumstance of the
accident or matter.
(9)
"Person" includes any individual, firm, corporation, partnership,
association, company, society, manager, contractor, subcontractor, bureau,
agency, service, office, or an agent or employee of any of the foregoing.
(10)
"Principal" of a private ((detective)) investigator
agency means the owner or manager appointed by a corporation.
(11)
"Private ((detective)) investigator" means a person who
is licensed under this chapter and is employed by a private ((detective))
investigator agency for the purpose of investigation, escort or body guard
services, or property loss prevention activities.
(12)
"Private ((detective)) investigator agency" means a
person or entity licensed under this chapter and engaged in the business of
detecting, discovering, or revealing one or more of the following:
(a)
Crime, criminals, or related information;
(b)
The identity, habits, conduct, business, occupation, honesty, integrity,
credibility, knowledge, trustworthiness, efficiency, loyalty, activity,
movement, whereabouts, affiliations, associations, transactions, acts,
reputation, or character of any person or thing;
(c)
The location, disposition, or recovery of lost or stolen property;
(d)
The cause or responsibility for fires, libels, losses, accidents, or damage or
injury to persons or to property;
(e)
Evidence to be used before a court, board, officer, or investigative committee;
(f)
Detecting the presence of electronic eavesdropping devices; or
(g)
The truth or falsity of a statement or representation.
(13)
"Qualifying agent" means an officer or manager of a corporation who
meets the requirements set forth in this chapter for obtaining a private ((detective))
investigator agency license.
(14)
"Sworn peace officer" means a person who is an employee of the
federal government, the state, or a political subdivision, agency, or
department branch of a municipality or other unit of local government, and has
law enforcement powers.
Sec.
18. RCW
18.165.020 and 1991 c 328 s 2 are each amended to read as follows:
The
requirements of this chapter do not apply to:
(1) A
person who is employed exclusively or regularly by one employer and performs
investigations solely in connection with the affairs of that employer, if the
employer is not a private ((detective)) investigator agency;
(2) An
officer or employee of the United States or of this state or a political
subdivision thereof, while engaged in the performance of the officer's official
duties;
(3) A
person engaged exclusively in the business of obtaining and furnishing
information about the financial rating of persons;
(4) An
attorney at law while performing the attorney's duties as an attorney;
(5) A
licensed collection agency or its employee, while acting within the scope of
that person's employment and making an investigation incidental to the business
of the agency;
(6)
Insurers, agents, and insurance brokers licensed by the state, while performing
duties in connection with insurance transacted by them;
(7) A
bank subject to the jurisdiction of the Washington state banking commission or
the comptroller of currency of the United States, or a savings and loan
association subject to the jurisdiction of this state or the federal home loan
bank board;
(8) A
licensed insurance adjuster performing the adjuster's duties within the scope
of the adjuster's license;
(9) A
secured creditor engaged in the repossession of the creditor's collateral, or a
lessor engaged in the repossession of leased property in which it claims an
interest;
(10) A
person who is a forensic scientist, accident reconstructionist, or other person
who performs similar functions and does not hold himself or herself out to be
an investigator in any other capacity; or
(11) A
person solely engaged in the business of securing information about persons or
property from public records.
Sec.
19. RCW
18.165.030 and 1991 c 328 s 3 are each amended to read as follows:
An
applicant must meet the following minimum requirements to obtain a private ((detective))
investigator license:
(1) Be
at least eighteen years of age;
(2) Be
a citizen or resident alien of the United States;
(3)
Not have been convicted of a crime in any jurisdiction, if the director
determines that the applicant's particular crime directly relates to his or her
capacity to perform the duties of a private ((detective)) investigator
and the director determines that the license should be withheld to protect the
citizens of Washington state. The director shall make her or his determination
to withhold a license because of previous convictions ((consistent with))
notwithstanding the restoration of employment rights act, chapter 9.96A
RCW;
(4) Be
employed by or have an employment offer from a private ((detective)) investigator
agency or be licensed as a private ((detective)) investigator
agency;
(5)
Submit a set of fingerprints; ((and))
(6)
Pay the required nonrefundable fee for each application; and
(7)
Submit a fully completed application that includes proper identification on a
form prescribed by the director for each company of employment.
NEW
SECTION. Sec. 20. A new
section is added to chapter 18.165 RCW to read as follows:
A
licensee who transfers from one company to another must submit a transfer
application on a form prescribed by the director along with a transfer fee
established by the director.
Sec.
21. RCW
18.165.040 and 1991 c 328 s 4 are each amended to read as follows:
(1) An
applicant must meet the following minimum requirements to obtain an armed
private ((detective)) investigator license:
(a) Be
licensed as a private ((detective)) investigator;
(b) Be
at least twenty-one years of age;
(c)
Have a current firearms certificate issued by the commission; ((and))
(d) Have
a license to carry a concealed pistol; and
(e)
Pay the fee established by the director.
(2)
The armed private ((detective)) investigator license may take the
form of an endorsement to the private ((detective)) investigator
license if deemed appropriate by the director.
Sec.
22. RCW
18.165.050 and 1991 c 328 s 5 are each amended to read as follows:
(1) In
addition to meeting the minimum requirements to obtain a license as a private
((detective)) investigator, an applicant, or, in the case of a
partnership or limited partnership, each partner, or, in the case of a corporation,
the qualifying agent must meet the following additional requirements to obtain
a private ((detective)) investigator agency license:
(a)
Pass an examination determined by the director to measure the person's
knowledge and competence in the private ((detective)) investigator
agency business; or
(b)
Have had at least three years' experience in investigative work or its
equivalent as determined by the director. A year's experience means not less
than two thousand hours of actual compensated work performed before the filing
of an application. An applicant shall substantiate the experience by written
certifications from previous employers. If the applicant is unable to supply
written certifications from previous employers, applicants may offer written
certifications from professional persons other than employers who, based
on personal professional knowledge, can substantiate the employment.
(2) An
agency license issued pursuant to this section may not be assigned or
transferred without prior written approval of the director.
(3)
No license to own or operate a private investigator company may be issued to an
applicant if the name of the company portrays the company as a public law
enforcement agency, or in association with a public law enforcement agency, or
includes the word "police."
Sec.
23. RCW
18.165.060 and 1991 c 328 s 6 are each amended to read as follows:
(1) An
armed private ((detective)) investigator license grants authority
to the holder, while in the performance of his or her duties, to carry a
firearm with which the holder has met the proficiency requirements established
by the commission.
(2)
All firearms carried by armed private ((detectives)) investigators
in the performance of their duties must be owned by the employer and, if
required by law, must be registered with the proper government agency.
NEW
SECTION. Sec. 24. A new
section is added to chapter 18.165 RCW to read as follows:
No
licensee, employee or agent of a licensee, or anyone accompanying a licensee,
employee, or agent may display a firearm while soliciting a client.
Sec.
25. RCW
18.165.070 and 1991 c 328 s 7 are each amended to read as follows:
(1)
Applications for licenses required under this chapter shall be filed with the
director on a form provided by the director. The director may require any
information and documentation that reasonably relates to the need to determine
whether the applicant meets the criteria.
(2)
After receipt of an application for a license, the director shall conduct an
investigation to determine whether the facts set forth in the application are
true and shall request that the Washington state patrol compare the
fingerprints submitted with the application to fingerprint records available to
the Washington state patrol. The Washington state patrol shall forward the
fingerprints of applicants for an armed private investigator license to the
federal bureau of investigation for a national criminal history records check.
The director may require that fingerprint cards of licensees be periodically
reprocessed to identify criminal convictions subsequent to registration.
(3) The
director shall solicit comments from the chief law enforcement officer of the
county and city or town in which the applicant's employer is located on
issuance of a permanent private investigator license.
(4)
A summary of the information acquired under this section, to the extent that it
is public information, ((shall)) may be forwarded by the
department to the applicant's employer ((and to the chief law enforcement
officer of the county and city or town in which the applicant's employer is
located, for the purpose of comment prior to the issuance of a permanent
private detective license)).
Sec.
26. RCW 18.165.080
and 1991 c 328 s 8 are each amended to read as follows:
(1)
The director shall issue a private ((detective)) investigator
license card to each licensed private ((detective)) investigator
and an armed private ((detective)) investigator license card to
each armed private ((detective)) investigator.
(a)
The license card may not be used as security clearance ((or as
identification)).
(b) A
private ((detective)) investigator shall carry the license card
whenever he or she is performing the duties of a private ((detective)) investigator
and shall exhibit the card upon request.
(c) An
armed private ((detective)) investigator shall carry the license
card whenever he or she is performing the duties of an armed private ((detective))
investigator and shall exhibit the card upon request.
(2)
The director shall issue a license certificate to each licensed private ((detective))
investigator agency.
(a)
Within seventy-two hours after receipt of the license certificate, the licensee
shall post and display the certificate in a conspicuous place in the principal
office of the licensee within the state.
(b) It
is unlawful for any person holding a license certificate to knowingly and
willfully post the license certificate upon premises other than those described
in the license certificate or to materially alter a license certificate.
(c)
Every advertisement by a licensee that solicits or advertises business shall
contain the name of the licensee, the address of record, and the license number
as they appear in the records of the director.
(d)
The licensee shall notify the director within thirty days of any change in the
licensee's officers or directors or any material change in the information
furnished or required to be furnished to the director.
Sec.
27. RCW
18.165.090 and 1991 c 328 s 9 are each amended to read as follows:
(1)
The director shall adopt rules establishing preassignment training and testing
requirements((, which shall include a minimum of four hours of classes)).
The director may establish, by rule, continuing education requirements for
private ((detectives)) investigators.
(2)
The director shall consult with the private ((detective)) investigator
industry and law enforcement before adopting or amending the preassignment
training or continuing education requirements of this section.
(((3)
A private detective need not fulfill the preassignment training requirements of
this chapter if he or she, within sixty days of July 28, 1991, provides proof
to the director that he or she previously has met the training requirements of
this chapter or has been employed as a private detective or armed private
detective for at least eighteen consecutive months immediately prior to the
date of application.))
Sec.
28. RCW
18.165.100 and 1991 c 328 s 10 are each amended to read as follows:
(1) No
private ((detective)) investigator agency license may be issued
under the provisions of this chapter unless the applicant files with the
director a surety bond, executed by a surety company authorized to do business
in this state, in the sum of ten thousand dollars conditioned to recover
against the principal and its servants, officers, agents, and employees by
reason of its wrongful or illegal acts in conducting business licensed under
this chapter. The bond shall be made payable to the state of Washington, and
anyone so injured by the principal or its servants, officers, agents, or
employees shall have the right and shall be permitted to sue directly upon this
obligation in his or her own name. This obligation shall be subject to
successive suits for recovery until the face amount is completely exhausted.
(2)
Every licensee must at all times maintain on file with the director the surety
bond required by this section in full force and effect. Upon failure by a
licensee to do so, the director shall suspend the licensee's license and shall
not reinstate the license until this requirement is met.
(3) In
lieu of posting bond, a licensed private ((detective)) investigator
agency may file with the director a certificate of insurance as evidence that
it has comprehensive general liability coverage of at least twenty-five
thousand dollars for bodily or personal injury and twenty-five thousand dollars
for property damage.
(4)
The director may approve alternative methods of guaranteeing financial
responsibility.
Sec.
29. RCW
18.165.110 and 1991 c 328 s 11 are each amended to read as follows:
(1)
The provisions of this chapter relating to the licensing for regulatory
purposes of private ((detectives)) investigators, armed private
((detectives)) investigators, and private ((detective)) investigator
agencies are exclusive. No governmental subdivision of this state may enact
any laws or rules licensing for regulatory purposes such persons, except as
provided in subsections (2) and (3) of this section.
(2)
This section shall not be construed to prevent a political subdivision of this
state from levying a business fee, business and occupation tax, or other tax
upon private ((detective)) investigator agencies if such fees or
taxes are levied by the state on other types of businesses within its
boundaries.
(3)
This section shall not be construed to prevent this state or a political
subdivision of this state from licensing for regulatory purposes private ((detective))
investigator agencies with respect to activities that are not regulated
under this chapter.
Sec.
30. RCW
18.165.120 and 1991 c 328 s 12 are each amended to read as follows:
Private
((detectives)) investigators or armed private ((detectives))
investigators whose duties require them to operate across state lines
may operate in this state for up to thirty days per year, if they are properly
registered and certified in another state with training and certification
requirements that the director finds are at least equal to the requirements of
this state.
Sec.
31. RCW
18.165.130 and 1991 c 328 s 13 are each amended to read as follows:
(1) A
private ((detective)) investigator agency shall notify the
director within thirty days after the death or termination of employment of any
employee who is a licensed private ((detective)) investigator or
armed private ((detective)) investigator by returning the license to
the department with the word terminated written across the face of the license,
the date of termination, and the signature of the principal of the private
investigator company.
(2) A
private ((detective)) investigator agency shall notify the
director within seventy-two hours and the chief law enforcement officer of the
county, city, or town in which the agency is located immediately upon receipt
of information affecting a licensed private ((detective's)) investigator's
or armed private ((detective's)) investigator's continuing
eligibility to hold a license under the provisions of this chapter.
(3)
A private investigator company shall notify the local law enforcement agency
whenever an employee who is an armed private investigator discharges his or her
firearm while on duty other than on a supervised firearm range. The
notification shall be made within ten business days of the date the firearm is
discharged.
Sec.
32. RCW
18.165.140 and 1991 c 328 s 14 are each amended to read as follows:
(1)
Any person from another state that the director determines has selection,
training, and other requirements at least equal to those required by this
chapter, and who holds a valid license, registration, identification, or
similar card issued by the other state, may apply for a private ((detective))
investigator license card or armed private ((detective)) investigator
license card on a form prescribed by the director. Upon receipt of ((a
processing)) an application fee to be determined by the director,
the director shall issue the individual a private ((detective)) investigator
license card or armed private ((detective)) investigator license
card.
(2) A
valid license, registration, identification, or similar card issued by any
other state of the United States is valid in this state for a period of ninety
days, but only if the licensee is on temporary assignment for the same employer
that employs the licensee in the state in which he or she is a permanent
resident.
(3)
A person from another state on temporary assignment in Washington may not
solicit business in this state or represent himself or herself as licensed in
this state.
Sec.
33. RCW
18.165.150 and 1991 c 328 s 15 are each amended to read as follows:
(1)
After June 30, 1992, any person who performs the functions and duties of a
private ((detective)) investigator in this state without being
licensed in accordance with the provisions of this chapter, or any person
presenting or attempting to use as his or her own the license of another, or
any person who gives false or forged evidence of any kind to the director in
obtaining a license, or any person who falsely impersonates any other licensee,
or any person who attempts to use an expired or revoked license, or any person
who violates any of the provisions of this chapter is guilty of a gross
misdemeanor.
(2)
After January 1, 1992, a person is guilty of a gross misdemeanor if he or she
owns or operates a private ((detective)) investigator agency in
this state without first obtaining a private ((detective)) investigator
agency license.
(3)
After June 30, 1992, the owner or qualifying agent of a private ((detective))
investigator agency is guilty of a gross misdemeanor if he or she
employs any person to perform the duties of a private ((detective)) investigator
without the employee having in his or her possession a permanent private ((detective))
investigator license issued by the department. This shall not preclude
a private ((detective)) investigator agency from requiring
applicants to attend preassignment training classes or from paying wages for
attending the required preassignment training classes.
(4)
After June 30, 1992, a person is guilty of a gross misdemeanor if he or she
performs the functions and duties of an armed private ((detective)) investigator
in this state unless the person holds a valid armed private ((detective))
investigator license issued by the department.
(5)
After June 30, 1992, it is a gross misdemeanor for a private ((detective))
investigator agency to hire, contract with, or otherwise engage the
services of an unlicensed armed private ((detective)) investigator
knowing that the private ((detective)) investigator does not have
a valid armed private ((detective)) investigator license issued
by the director.
(6) It
is a gross misdemeanor for a person to possess or use any vehicle or equipment
displaying the word "police" or "law enforcement officer"
or having any sign, shield, marking, accessory, or insignia that indicates that
the equipment or vehicle belongs to a public law enforcement agency.
(7) It
is the duty of all officers of the state and political subdivisions thereof to
enforce the provisions of this chapter. The attorney general shall act as
legal adviser of the director, and render such legal assistance as may be
necessary in carrying out the provisions of this chapter.
Sec.
34. RCW
18.165.160 and 1991 c 328 s 16 are each amended to read as follows:
The
following acts are prohibited and constitute grounds for disciplinary action,
assessing administrative penalties, or denial, suspension, or revocation of
any license under this chapter, as deemed appropriate by the director:
(1)
Knowingly violating any of the provisions of this chapter or the rules adopted
under this chapter;
(2)
Knowingly making a material misstatement or omission in the application for or
renewal of a license or firearms certificate, including falsifying requested
identification information;
(3)
Not meeting the qualifications set forth in RCW 18.165.030, 18.165.040, or
18.165.050;
(4)
Failing to return immediately on demand a firearm issued by an employer;
(5)
Carrying a firearm in the performance of his or her duties if not the holder of
a valid armed private ((detective)) investigator license, or
carrying a firearm not meeting the provisions of this chapter while in the
performance of his or her duties;
(6)
Failing to return immediately on demand company identification, badges, or
other items issued to the private ((detective)) investigator by
an employer;
(7)
Making any statement that would reasonably cause another person to believe that
the private ((detective)) investigator is a sworn peace officer;
(8)
Divulging confidential information obtained in the course of any investigation
to which he or she was assigned;
(9)
Acceptance of employment that is adverse to a client or former client and
relates to a matter about which a licensee has obtained confidential
information by reason of or in the course of the licensee's employment by the
client;
(10)
Conviction of a gross misdemeanor or felony or the commission of any act
involving moral turpitude, dishonesty, or corruption whether the act
constitutes a crime or not. If the act constitutes a crime, conviction in a
criminal proceeding is not a condition precedent to disciplinary action. Upon
such a conviction, however, the judgment and sentence is conclusive evidence at
the ensuing disciplinary hearing of the guilt of the license holder or
applicant of the crime described in the indictment or information, and of the
person's violation of the statute on which it is based. For the purposes of
this section, conviction includes all instances in which a plea of guilty or
nolo contendere is the basis for the conviction and all proceedings in which
the sentence has been deferred or suspended((. Nothing in this section
abrogates rights guaranteed under chapter 9.96A RCW));
(11)
Advertising that is false, fraudulent, or misleading;
(12)
Incompetence or negligence that results in injury to a person or that creates
an unreasonable risk that a person may be harmed;
(13)
Suspension, revocation, or restriction of the individual's license to practice
the profession by competent authority in any state, federal, or foreign
jurisdiction, a certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or restriction;
(14)
Failure to cooperate with the director by:
(a)
Not furnishing any necessary papers or documents requested by the director for
purposes of conducting an investigation for disciplinary action, denial,
suspension, or revocation of a license under this chapter;
(b)
Not furnishing in writing a full and complete explanation covering the matter
contained in a complaint filed with the department; or
(c)
Not responding to subpoenas issued by the director, whether or not the
recipient of the subpoena is the accused in the proceeding;
(15)
Failure to comply with an order issued by the director or an assurance of
discontinuance entered into with the director;
(16)
Aiding or abetting an unlicensed person to practice if a license is required;
(17)
Misrepresentation or fraud in any aspect of the conduct of the business or
profession;
(18)
Failure to adequately supervise employees to the extent that the public health
or safety is at risk;
(19)
Interference with an investigation or disciplinary proceeding by willful
misrepresentation of facts before the director or the director's authorized
representative, or by the use of threats or harassment against any client or
witness to prevent them from providing evidence in a disciplinary proceeding or
any other legal action; ((or))
(20)
Assigning or transferring any license issued pursuant to the provisions of this
chapter, except as provided in RCW 18.165.050;
(21)
Assisting a client to locate, trace, or contact a person when the investigator
knows that the client is prohibited by any court order from harassing or
contacting the person whom the investigator is being asked to locate, trace, or
contact, as it pertains to domestic violence, stalking, or minor children;
(22)
Failure to maintain bond or insurance; or
(23)
Failure to have a qualifying principal in place.
Sec.
35. RCW
18.165.170 and 1991 c 328 s 17 are each amended to read as follows:
The
director has the following authority in administering this chapter:
(1) To
adopt, amend, and rescind rules as deemed necessary to carry out this chapter;
(2) To
issue subpoenas and administer oaths in connection with an investigation,
hearing, or proceeding held under this chapter;
(3) To
take or cause depositions to be taken and use other discovery procedures as
needed in an investigation, hearing, or proceeding held under this chapter;
(4) To
compel attendance of witnesses at hearings;
(5) In
the course of investigating a complaint or report of unprofessional conduct, to
conduct practice reviews;
(6) To
take emergency action ordering summary suspension of a license, or restriction
or limitation of the licensee's practice pending proceedings by the director;
(7) To
use the office of administrative hearings as authorized in chapter 34.12 RCW to
conduct hearings. However, the director or the director's designee shall make
the final decision in the hearing;
(8) To
enter into contracts for professional services determined to be necessary for
adequate enforcement of this chapter;
(9) To
adopt standards of professional conduct or practice;
(10)
In the event of a finding of unprofessional conduct by an applicant or license
holder, to impose sanctions against a license applicant or license holder as
provided by this chapter;
(11)
To enter into an assurance of discontinuance in lieu of issuing a statement of
charges or conducting a hearing. The assurance shall consist of a statement of
the law in question and an agreement to not violate the stated provision. The
applicant or license holder shall not be required to admit to any violation of the
law, and the assurance shall not be construed as such an admission. Violation
of an assurance under this subsection is grounds for disciplinary action;
(12)
To designate individuals authorized to sign subpoenas and statements of
charges;
(13)
To employ such investigative, administrative, and clerical staff as necessary
for the enforcement of this chapter; ((and))
(14)
To compel attendance of witnesses at hearings; and
(15)
To assess administrative penalties for violations of law, rules, or regulations.
Sec.
36. RCW
18.165.180 and 1991 c 328 s 18 are each amended to read as follows:
A
person, including but not limited to consumers, licensees, corporations,
organizations, and state and local governmental agencies, may submit a written
complaint to the department charging a license holder or applicant with
unprofessional or unlawful conduct and specifying the grounds for the
charge. If the director determines that the complaint merits investigation, or
if the director has reason to believe, without a formal complaint, that a
license holder or applicant may have engaged in unprofessional or unlawful
conduct, the director shall investigate to determine if there has been
unprofessional or unlawful conduct. A person who files a complaint
under this section in good faith is immune from suit in any civil action
related to the filing or contents of the complaint.
Sec.
37. RCW
18.165.190 and 1991 c 328 s 19 are each amended to read as follows:
(1) If
the director determines, upon investigation, that there is reason to believe a
violation of this chapter has occurred, a statement of charges shall be
prepared and served upon the license holder or applicant and notice of this
action given to the owner or qualifying agent of the employing private ((detective))
investigator agency. The statement of charges shall be accompanied by a
notice that the license holder or applicant may request a hearing to contest
the charges. The license holder or applicant must file a request for hearing
with the department within twenty days after being served the statement of
charges. The failure to request a hearing constitutes a default, whereupon the
director may enter an order pursuant to RCW 34.05.440.
(2) If
a hearing is requested, the time of the hearing shall be scheduled but the
hearing shall not be held earlier than thirty days after service of the charges
upon the license holder or applicant. A notice of hearing shall be issued at
least twenty days prior to the hearing, specifying the time, date, and place of
the hearing.
Sec.
38. RCW
18.165.220 and 1991 c 328 s 22 are each amended to read as follows:
Upon a
finding that a license holder or applicant has committed unprofessional or
unlawful conduct or is unable to practice with reasonable skill and safety
due to a physical or mental condition, the director may issue an order
providing for one or any combination of the following:
(1)
Revocation of the license;
(2)
Suspension of the license for a fixed or indefinite term;
(3)
Restriction or limitation of the practice;
(4)
Requiring the satisfactory completion of a specific program of remedial
education or treatment;
(5)
Monitoring of the practice by a supervisor approved by the director;
(6)
Censure or reprimand;
(7)
Compliance with conditions of probation for a designated period of time;
(8)
Withholding a license request;
(9)
Other corrective action; ((or))
(10)
Refund of fees billed to and collected from the consumer; or
(11)
Assessing administrative penalties.
Any of
the actions under this section may be totally or partly stayed by the
director. All costs associated with compliance with orders issued under this
section are the obligation of the license holder or applicant.
Sec.
39. RCW
18.165.240 and 1991 c 328 s 24 are each amended to read as follows:
(1)
The director shall investigate complaints concerning practice by unlicensed
persons of a profession or business for which a license is required by this
chapter. In the investigation of the complaints, the director shall have the
same authority as provided the director under RCW 18.165.190. The director
shall issue a cease and desist order to a person after notice and hearing and
upon a determination that the person has violated this subsection. If the
director makes a written finding of fact that the public interest will be
irreparably harmed by delay in issuing an order, the director may issue a
temporary cease and desist order. The cease and desist order shall not relieve
the person practicing or operating a business without a license from criminal
prosecution therefor, but the remedy of a cease and desist order shall be in
addition to any criminal liability. The cease and desist order is conclusive
proof of unlicensed practice and may be enforced under RCW 7.21.060. This
method of enforcement of the cease and desist order may be used in addition to,
or as an alternative to, any provisions for enforcement of agency orders.
(2)
The attorney general, a county prosecuting attorney, the director, or any
person may, in accordance with the law of this state governing injunctions,
maintain an action in the name of this state to enjoin any person practicing a
profession or business for which a license is required by this chapter without
a license from engaging in such practice or operating such business until the
required license is secured. However, the injunction shall not relieve the
person practicing or operating a business without a license from criminal
prosecution therefor, but the remedy by injunction shall be in addition to any
criminal liability.
(3)
Unlicensed practice of a profession or operating a business for which a license
is required by this chapter, unless otherwise exempted by law, constitutes a
gross misdemeanor. ((All fees, fines, forfeitures, and penalties collected
or assessed by a court because of a violation of this section shall be remitted
to the department.))
NEW
SECTION. Sec. 40. If any
provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 41. This act
is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
