WSR 02-20-085

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed October 1, 2002, 10:16 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-07-069.

Title of Rule: Preassignment training and examination requirements, WAC 308-17-310 Private investigator agency principal examination requirements and 308-17-320 Certification of preassignment training trainers.

Purpose: The WAC needs to be updated to match the newly revised private investigator company principal and certified trainer examination.

Other Identifying Information: The private investigator company principal and certified trainer examination was rewritten in 2002. The new exam has different study guide sources and the required minimum passing exam score as stated in the current WAC are no longer accurate.

Statutory Authority for Adoption: Chapter 18.165 RCW.

Summary: The program developed a credible examination for private investigator company principals and certified trainers. The new exam changes the study guide and passing score information in the WAC and is being revised to reflect the new examination.

Reasons Supporting Proposal: The amended language reflects the changes necessary to update the WAC to match the newly revised examination.

Name of Agency Personnel Responsible for Drafting and Implementation: Nancy Varnum, Olympia, (360) 664-6609; and Enforcement: Pat Brown, Olympia, (360) 664-6608.

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 Department of Licensing revised the private investigator company principal and certified trainer examination. The newly revised exam changes the study guide list and the passing score information currently in the WAC. Changing the WAC will better identify the new examination requirements.

Proposal Changes the Following Existing Rules: WAC 308-17-310 Private investigator agency principal examination requirements, this section of the rule lists the areas of information from which an applicant would be able to study for the private investigator examination. The changes add more detailed and clear information of study resources.

WAC 308-17-320 Certification of preassignment training trainers, the WAC revision in this section changes the statement that the minimum passing score is 85% to the language, "achieve a passing score." Also, the number of questions in the examination changes from the number fifty to the number seventy-five.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule does not have any economic impact to the licenses or stakeholders.

RCW 34.05.328 applies to this rule adoption. The proposed amended rules are following all rule-making requirements.

Hearing Location: Department of Licensing, 405 Black Lake Boulevard, Building #2, Conference Room #206, Olympia, WA 98507, on November 5, 2002, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Mary Haglund by November 4, 2002, TDD (360) 586-2788.

Submit Written Comments to: Mary Haglund, Department of Licensing, Public Protection Unit, P.O. Box 9649, Olympia, WA 98507-9649, (360) 664-6624.

Date of Intended Adoption: November 5, 2002.

October 1, 2002

Pat Brown

Administrator


AMENDATORY SECTION(Amending WSR 97-17-051, filed 8/15/97)

WAC 308-17-310   Private investigative agency principal examination requirements.   (1) All principals of an agency who do not meet the experience requirements required by RCW 18.165.050, must pass an examination demonstrating their knowledge and proficiency in the following areas:

(((a) All topics contained in the private investigator preassignment training course.

(b) Washington state law as it applies to private investigator licensing and regulation.

(c) Legal liability for employee actions pertaining to the private investigative industry.

(d) The Federal Freedom of Information Act (5 U.S.C. 552).

(e) The Federal Privacy Act (5 U.S.C. 522A).

(f) The Washington state Public Disclosure Act (chapter 42.17 RCW).

(g) Communication skills.))

A. Washington State Laws (45% of test)

I. Private Investigators Law - 18.165 RCW and 308-17 WAC

II. All topics contained in the private investigator preassignment training course (WAC 308-17-300)

III. Chapter 9.73 RCW Privacy, Violating Right of Privacy (e.g. Surveillance and Wiretapping)

IV. Chapter 42.17 RCW - Public Disclosure

V. Title 9A RCW - Washington State Criminal Code

VI. Other Resources:

- Title 2 RCW - Courts of Record

- Title 3 RCW - District Courts/Courts of Limited Jurisdictions

- Title 26 RCW - Domestic Relations (e.g. marriage, dissolution, adoption)

- Title 36 RCW - Counties

- Title 46 RCW - Motor Vehicles (e.g. accidents, forms)

B. Federal Law (30% of test)

I. Federal Privacy Act (5 U.S.C. 522A)

II. Freedom of Information Act (5 U.S.C. 522)

III. Fair Credit Reporting Act (15 U.S.C. 1681)

IV. Federal Wiretapping Act (18 U.S.C.)

V. Gramm-Leach-Bliley Act

VI. United States Code

C. Court Systems (7% of test)

I. Federal Courts

II. Title 28 of the U.S. Code

III. Public Law 101-650

D. State Courts

I. Chapter 35.20 RCW - Municipal Courts

II. Title 2 RCW - Courts of Records

III. Title 3 RCW - District Courts/Courts of Limited Jurisdictions

IV. Title 4 RCW - Civil Procedures

V. Title 5 RCW - Evidence

VI. Title 6 RCW - Enforcement of Judgments

E. Legal Procedures and Definitions (10% of test)

I. Terminology and Definitions

II. Title 9A RCW - Washington State Criminal Code

III. Title 2 RCW - Courts of Record

IV. Title 3 RCW - District Courts/Courts of Limited Jurisdictions

V. Title 4 RCW - Civil Procedures

VI. Title 5 RCW - Evidence

VII. Title 6 RCW - Enforcement of Judgments

IX. Black's Law Dictionary

F. Other resources of public information (7.5% of test)

I. County Recorders Office

II. World Wide Locator

III. Secretary of State and State Recordings

IV. Computer Databases

V. Federal and State Laws and Acts can be found on the Internet.

(2) The examination shall consist of ((a minimum of fifty)) 75 questions based on information in the above required areas. ((A score of eighty-five percent must be achieved in order to pass the examination.)) Applicants who fail to achieve ((an eighty-five percent)) a passing score will be required to wait a minimum of seven days before reexamination.

[Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. 97-17-051, 308-17-310, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. 91-22-111, 308-17-310, filed 11/6/91, effective 12/7/91.]

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.
AMENDATORY SECTION(Amending WSR 97-17-051, filed 8/15/97)

WAC 308-17-320   Certification of preassignment training trainers.   An individual must successfully ((score at least ninety percent on)) pass the agency principal examination and have three years investigative experience to become a certified trainer. Individuals who fail ((to obtain a ninety percent score)) the exam will be required to wait a minimum of seven days before reexamination. There is no limit on the number of certified trainers an individual private investigative agency may have certified.

[Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. 97-17-051, 308-17-320, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. 91-22-111, 308-17-320, filed 11/6/91, effective 12/7/91.]

Washington State Code Reviser's Office