PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-02-086 [02-20-086].
Title of Rule: WAC 308-17-120 Armed private investigator applications -- Conditions and 308-17-240 Required records.
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 workloads for armed private investigator licensing renewals without compromising public safety.
Statutory Authority for Adoption: Chapter 18.165 RCW.
Summary: To require alien residents to provide proof of their alien firearm licenses when they submit original or renewal armed private investigator applications and to require that private investigator company principals maintain annual shooting requirements for armed private investigators in the private investigator company training files, or employee's files.
Reasons Supporting Proposal: The proposed changes will increase public protection and provide improved customer service for armed license application and renewals without compromising public safety.
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.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: (1) The department needs to plug the gap in current law by passing a rule that will require aliens to produce their alien firearm license when applying for 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. The department needs to enact measures to ensure that it is not grating a private investigator license to an applicant who is committing a felony.
(2) Maintaining the annual shooting requirements at the private investigator company level will streamline and reduce workloads for armed private investigator licensing renewals without compromising public safety.
Proposal Changes the Following Existing Rules: See WAC sections 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 does not apply 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 #102, First Floor, Olympia, WA 98507, on January 7, 2003, at 11:00 a.m.
Assistance for Persons with Disabilities: Contact Mary Haglund by January 6, 2003, TDD (360) 586-2788.
Submit Written Comments to: Mary Haglund, Department of Licensing, P.O. Box 9649, Olympia, WA 98507-9649, (360) 664-6624, fax (360) 570-7888.
Date of Intended Adoption: January 8, 2003.
November 13, 2002
Pat Brown
Administrator
(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.]
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.
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.