WSR 02-08-016




[ Filed March 25, 2002, 9:39 a.m. ]

Original Notice.

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

Title of Rule: WAC 139-35-015 Firearms certification -- Application and 139-35-025 Firearms certification -- Expiration and renewal.

Purpose: The PS/PD fees have not been increased since 1992. This fee recovery program is required to generate sufficient fees to administer the program (RCW 43.101.260). The current fee schedules will not generate enough cost recovery to fully pay for the program in current and future years.

Statutory Authority for Adoption: RCW 43.101.260.

Summary: Stakeholders were contacted by letter to advise of the intended rule amendments. Proposals also listed on the agency website.

Reasons Supporting Proposal: Needed for adequate cost recovery.

Name of Agency Personnel Responsible for Drafting: Bob Posey, Seattle, (206) 835-7291; Implementation: Michael D. Parsons, Seattle, (206) 835-7347; and Enforcement: Doug Blair, Seattle, (206) 835-7309.

Name of Proponent: Criminal Justice Training Commission staff, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Changes to this rule will affect private companies cost for application fees. These fees are meant to cover Criminal Justice Training Commission costs of implementing the private security firearms program.

Proposal Changes the Following Existing Rules: Increases fees.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2); therefore, a small business economic impact statement is not required. RCW 19.85.025(2), this chapter does not apply to a rule proposed for expedited adoption under RCW 34.05.230 (1) through (8), unless a written objection is timely filed with the agency and the objection is not withdrawn.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Criminal Justice Training Commission, 19010 1st Avenue South, Seattle, WA 98148-2055, on June 12, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Sonja Hirsch by June 10, 2002, TDD (206) 835-7300.

Submit Written Comments to: Sharon M. Tolton, Criminal Justice Training Commission, 19010 1st Avenue South, Seattle, WA 98148-2055, fax (206) 439-3860, by June 11, 2002.

Date of Intended Adoption: June 12, 2002.

March 22, 2002

Sharon M. Tolton

Deputy Director


AMENDATORY SECTION(Amending WSR 92-02-041, filed 12/24/91, effective 1/24/92)

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

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

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

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

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

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

(d) Be accompanied by payment of a processing fee of ((thirty)) forty-five dollars.

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

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

AMENDATORY SECTION(Amending WSR 92-02-041, filed 12/24/91, effective 1/24/92)

WAC 139-35-025   Firearms certification -- Expiration and renewal.   (1) Any firearms certificate issued by the commission shall expire on the expiration date of any armed private detective license issued by the department.

(2) Renewal of any active armed license shall require firearms recertification within the three-month period preceding expiration of the license. Recertification is valid until expiration of the renewed armed license.

(3) If firearms recertification is not completed on or before the expiration of the armed license, the licensee is not eligible for firearms recertification, but instead must meet full requirements for firearms certification.

(4) Firearms recertification shall require:

(a) Submission of an application to the commission on a form provided by the commission;

(b) Payment of a fee of ((twenty)) thirty-five dollars to the commission; and

(c) Satisfactory completion of an approved program of at least four hours of instruction and testing prescribed by the commission for firearms recertification purposes and conducted by a certified instructor.

[Statutory Authority: RCW 43.101.080(2). 92-02-041, 139-35-025, filed 12/24/91, effective 1/24/92.]

Washington State Code Reviser's Office