WSR 97-13-081

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed June 18, 1997, 10:15 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-13-015, 96-12-091, and 96-20-006.

Title of Rule: Chapter 308-18 WAC, Private security guard companies and private security guards.

Purpose: Establishes fee amounts for transfer of a license and renewal of a certified trainer's license. Adopts brief adjudicative hearings, deletes outdated information, and updates physical office address for the licensing program.

Statutory Authority for Adoption: Chapter 18.170 RCW, RCW 43.24.086, 34.05.482.

Statute Being Implemented: Chapter 18.170 RCW.

Summary: The additional changes bring the WACs up-to-date with the changes made to the laws in 1995 and as ordered by federal law (brief adjudicative hearings).

Reasons Supporting Proposal: The transfer fee and certified trainer renewal fee will recover the cost of processing and issuing new licenses for transfer applicants and certified trainers.

Name of Agency Personnel Responsible for Drafting: Pat Brown, 405 Black Lake Boulevard S.W., Olympia, WA, (360) 664-2356; Implementation: Toni Ortiz, 405 Black Lake Boulevard S.W., Olympia, WA, (360) 664-9072; and Enforcement: Tim Baker, 405 Black Lake Boulevard S.W., Olympia, WA, (360) 664-9073.

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 rule changes allow the agency to clean up housekeeping issues like address changes and deletion of information that was time sensitive and no longer applies. Updates the WAC to reflect changes passed such as the nonrefundable fee for license applications. Adopts brief adjudicative proceedings to use in resolving disputes.

The certified trainer renewal fee will be used to process the renewal and issue a new license for certified trainers.

The transfer fee will be used to process a transfer application and issue a new license.

Proposal Changes the Following Existing Rules: Changes the rule to reflect RCW regarding nonrefundable application fees, deletes outdated information, and updates the department's office location.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Costs of compliance with the rules for the transfer fee and the certified trainer's renewal fee are below the threshold in the table of minor and negligible impact as defined by the Business Assistance Center's Guide to Facilitating Regulatory Fairness.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Labor and Industries Auditorium, 7273 Linderson Way S.W., Tumwater, WA 98501, on August 1, 1997, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Toni Ortiz by July 28, 1997, TDD (360) 526-2788, or (360) 664-9072.

Submit Written Comments to: Department of Licensing, P.O. Box 9045, Olympia, WA 98507-9045, FAX (360) 753-3747, by August 1, 1997.

Date of Intended Adoption: August 7, 1997.

June 18, 1997

Toni Ortiz

Program Coordinator

AMENDATORY SECTION (Amending WSR 91-22-112, filed 11/6/91, effective 12/7/91)

WAC 308-18-020 Organization. The principal location of the private security guard licensing program is at ((2424 Bristol Court)) 405 Black Lake Boulevard S.W., Olympia, Washington 98504. The department of licensing administers the Washington private security guard license law, chapter 18.170 RCW. Submissions and requests for information regarding private security guard company licenses, private security guard licenses, and armed private security guard licenses may be sent in writing to the Private Security Guard Program, Department of Licensing, P.O. Box 9045, Olympia, Washington 98507-9045.

[Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-020, filed 11/6/91, effective 12/7/91.]

AMENDATORY SECTION (Amending WSR 91-22-112, filed 11/6/91, effective 12/7/91)

WAC 308-18-030 Definitions. (1) Words and terms used in these rules shall have the same meaning as each has under chapter 18.170 RCW unless otherwise clearly provided in these rules, or the context in which they are used in these rules clearly indicates that they be given some other meaning.

(2) "Principal owner" means the sole owner of a private security guard company.

(3) "Principal partner" means the partner who exercises operational control over a private security guard company.

(4) "Certified trainer" means a principal or a licensed private security guard or armed private security guard who has fulfilled the requirements of WAC 308-18-320.

(5) "Other item of equipment" in RCW 18.170.170(7), shall include the license card issued by the director to a private security guard or armed private security guard.

(6) "Qualifying agent" means the employee whom is qualified to operate and represent a corporation, or in the case of a partnership by that partnership to obtain a license to operate a private security guard company, must meet the qualifications of RCW 18.170.060.

[Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-030, filed 11/6/91, effective 12/7/91.]

AMENDATORY SECTION (Amending WSR 91-22-112, filed 11/6/91, effective 12/7/91)

WAC 308-18-100 Company applications--Conditions. Any person desiring to be licensed as a private security guard company must substantiate the experience requirements in RCW 18.170.060, or pass an examination as provided in this chapter. Persons meeting the experience requirements shall make application for a license on a form prescribed by the director. Persons who do not meet the experience requirements shall make application for an examination and for a license on a form prescribed by the director. Concurrently, the applicant shall:

(1) Pay a nonrefundable fee or fees as prescribed by WAC 308-18-150.

(2) If the applicant is the qualifying agent of a corporation, he or she shall furnish a certified copy of its articles of incorporation, and a list of its officers and directors and their addresses. If the applicant is the qualifying agent of a foreign corporation, he or she shall furnish a certified copy of certificate of authority to conduct business in the state of Washington, a list of its officers and directors and their addresses, and evidence of current registration with the secretary of state. If the applicant is a partnership or limited partnership, each partner shall apply and furnish their addresses.

(3) When a license is issued to a principal owner he or she shall act as the principal of the company without the payment of additional license fees. When a license is issued to a corporation the qualifying agent shall act as the principal of the company without the payment of additional fees. When a license is issued to a partnership the principal partner shall act as the principal of the company without the payment of additional fees.

[Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-100, filed 11/6/91, effective 12/7/91.]

AMENDATORY SECTION (Amending WSR 91-22-112, filed 11/6/91, effective 12/7/91)

WAC 308-18-110 Private security guard applications--Conditions. Any person desiring to be a private security guard shall make application for a license on a form prescribed by the director and pay a nonrefundable fee as prescribed by WAC 308-18-150. ((Applicants who are employed by private security guard companies whose company license was issued prior to January 1, 1992, shall make application during the time period as follows:

(1) Applicants whose last name begins with A through F shall apply during the month of February 1992.

(2) Applicants whose last name begins with G through L shall apply during the month of March 1992.

(3) Applicants whose last name begins with M through R shall apply during the month of April 1992.

(4) Applicants whose last name begins with S through Z shall apply during the month of May 1992.

Applicants need not fulfill the preassignment training requirements specified in WAC 308-18-300 if he or she, prior to June 30, 1992, provides proof to the director that he or she previously has met the training requirements and passed the preassignment training test or has been employed as a private security guard or armed private security guard continuously since January 1, 1991. The company principal or a certified trainer shall attest on the application that the applicant has passed the preassignment training test or has been continuously employed since January 1, 1991.))

[Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-110, filed 11/6/91, effective 12/7/91.]

AMENDATORY SECTION (Amending WSR 91-22-112, filed 11/6/91, effective 12/7/91)

WAC 308-18-120 Armed private security guard applications--Conditions. Any person desiring to be an armed private security guard shall obtain a firearms certificate from the criminal justice training commission, make application on a form prescribed by the director, and pay a nonrefundable fee as prescribed by WAC 308-18-150.

[Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-120, filed 11/6/91, effective 12/7/91.]

AMENDATORY SECTION (Amending WSR 91-22-112, filed 11/6/91, effective 12/7/91)

WAC 308-18-140 Private security guard temporary registration card--Conditions. Only those temporary registration cards provided by the department and preprinted with an assigned number and the companys name and address may be used. A private security guard temporary registration card issued by a private security guard company, as authorized by RCW 18.170.090, shall show, as a minimum, the following information:

(1) ((A preprinted number issued by the company.

(2) Company name.

(3))) Private security guard name.

(((4))) (2) Date of issue.

(((5))) (3) Date of expiration.

(((6))) (4) Name and signature of the certified trainer.

[Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-140, filed 11/6/91, effective 12/7/91.]

AMENDATORY SECTION (Amending WSR 93-11-025, filed 5/7/93, effective 7/1/93)

WAC 308-18-150 Private security guard company, private security guard, and armed private security guard fees. The following fees for a one-year period shall be charged by professional licensing services of the department of licensing:

Title of Fee Fee

Private security guard company:

Application/examination $250.00

Reexamination 25.00

License renewal 250.00

Late renewal with penalty 350.00

Certification 25.00

Private security guard:

Original license 35.00

Transfer fee 20.00

Certified trainer examination/

reexamination 25.00

Certified trainer renewal 15.00

License renewal 25.00

Late renewal with penalty 30.00

Certification 25.00

Armed private security guard:

Original license 15.00

Transfer fee 20.00

Certified trainer examination/

reexamination 25.00

Certified trainer renewal 15.00

License renewal 25.00

Late renewal with penalty 30.00

Certification 25.00

[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.]

AMENDATORY SECTION (Amending WSR 91-22-112, filed 11/6/91, effective 12/7/91)

WAC 308-18-170 Inactive license. (1) Any license issued under chapter 18.170 RCW and not otherwise revoked or suspended shall be deemed "inactive" at any time it is delivered to the director. Until reissued, the holder of an inactive license shall be deemed to be unlicensed.

(2) An inactive license may be placed in an active status upon completion of an application as provided by the director and upon compliance with the rules adopted pursuant to chapter 18.170 RCW.

(3) An inactive license may not be renewed. The inactive license will be cancelled if not activated ((by)) and renewed within one year of the expiration date. To obtain a new license the person must satisfy the procedures and qualifications for initial licensing, including the successful completion of any applicable training and examination requirements.

(4) The provisions of chapter 18.170 RCW relating to the denial, suspension, and revocation of a license shall be applicable to an inactive license as well as an active license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed.

[Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-170, filed 11/6/91, effective 12/7/91.]

NEW SECTION

WAC 308-18-180 Application of brief adjudicative proceedings. The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request for the categories of matters set forth below or at the discretion of the director pursuant to RCW 34.05.482. If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter is limited solely to one or more of the following issues:

(1) A determination whether an applicant for a license meets the minimum criteria for a license to practice as a security guard in this state and the department proposes to deny the application;

(2) A determination whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department;

(3) A determination whether an education course or curriculum meets the criteria for approval when approval by the department is required or authorized by statute or rule;

(4) A determination whether a license holder requesting renewal has submitted all required information and meets minimum criteria for renewal; and

(5) A determination whether a license holder has been certified by a lending agency and reported for nonpayment or default on a federally or state-guaranteed student loan or service-conditional scholarship.

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NEW SECTION

WAC 308-18-185 Preliminary record in brief adjudicative proceedings. (1) The preliminary record with respect to an application for an original or renewal license or for approval of an education course or curriculum shall consist of:

(a) The application for the license, renewal, or approval and all associated documents;

(b) All documents relied upon by the program in proposing to deny the application, renewal, or approval; and

(c) All correspondence between the applicant for license, renewal, or approval and the program regarding the application.

(2) The preliminary record with respect to determination of compliance with a previously issued final order or agreement shall consist of:

(a) The previously issued final order or agreement;

(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement; and

(d) All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.

(3) The preliminary record with respect to the determination of nonpayment or default by the license holder on a federally or state-guaranteed student loan or service-conditional scholarship shall consist of:

(a) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed student loan or service-conditional scholarship; or

(b) A written release, if any issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.

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NEW SECTION

WAC 308-18-190 Conduct of brief adjudicative proceedings. (1) Brief adjudicative proceedings shall be conducted by a presiding officer for brief adjudicative proceedings designated by the director. The presiding officer for brief adjudicative proceedings shall have agency expertise in the subject matter but shall not have personally participated in the decision to issue the initiating document.

(2) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate the date by which written documents must be submitted by the parties.

(3) The presiding officer for brief adjudicative proceedings may, in his or her discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for decision.

(6) The presiding officer for brief adjudicative proceedings shall not issue an oral order. Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter an initial order.

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AMENDATORY SECTION (Amending WSR 91-22-112, filed 11/6/91, effective 12/7/91)

WAC 308-18-240 Required records. The minimum records the principal of a private security guard company shall be required to keep are:

(1) Preassignment training and testing records for each private security guard.

(2) ((Prenumbered)) Private security guard temporary registration card ledger showing the department-supplied registration number, applicant's name, date of issue, date of expiration and date card was forwarded to the director.

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 18.170.180. 91-22-112, 308-18-240, filed 11/6/91, effective 12/7/91.]

AMENDATORY SECTION (Amending WSR 91-22-112, filed 11/6/91, effective 12/7/91)

WAC 308-18-300 Minimum preassignment training and testing requirements. (1) The preassignment training required by RCW 18.170.100, shall include as a minimum:

(a) Basic security.

(i) Role of the security officer.

(ii) Typical assignments and tasks.

(iii) Observation.

(iv) Patrol.

(v) Proper actions.

(b) Legal powers and limitations.

(i) Citizens arrest.

(ii) Authority to detain, question, or search a private citizen.

(iii) Authority to search or seize private property.

(iv) Use of force.

(v) Relationship with law enforcement.

(vi) Avoiding liability.

(c) Emergency response.

(i) How to contact police, fire, and medical response services.

(ii) How to define what is or is not an emergency situation.

(iii) Response to fires.

(iv) Response to medical emergencies.

(v) Response to criminal acts.

(vi) Assisting emergency services personnel.

(vii) Bomb threats.

(d) Safety and accident prevention.

(i) Observation and reporting of unsafe conditions.

(ii) Accident hazards.

(iii) Fire hazards.

(iv) Hazardous materials.

(v) Safety rules and regulations.

(vi) Accident reporting.

(e) Report writing.

(i) Why write a report.

(ii) Elements of a report.

(iii) Proper times, names, and location descriptions.

(iv) Giving physical descriptions.

(v) Fact versus opinion or assumption.

(vi) Penmanship.

(vii) Changes to a report.

(viii) Reports as legal documents.

(f) Public relations.

(i) Public relations skills.

(ii) Principles of good communication.

(iii) Proper telephone procedure.

(iv) Listening.

(v) Avoiding confrontation.

(vi) Dealing with the media.

(2) The minimum time each private security guard candidate must spend in preassignment training is at least four hours. The time spent on each required topic may vary providing the time for all required topics totals four hours and the four hours is devoted solely to the topics designated.

(3) All private security guard applicants, after receiving preassignment training and prior to receiving their license, must successfully complete a test designed to demonstrate their understanding and retention of the information learned in the training course. This test shall consist of a minimum of thirty multiple choice questions based on the training topics outlined above. Test results must be verified and signed by a certified trainer. All applicants must answer all questions correctly on the private security guard preassignment training test. Questions incorrectly answered initially must be reviewed to insure the applicant's understanding and then initialed by both the applicant and the certified trainer verifying knowledge of the correct answer(s).