PERMANENT RULES
Date of Adoption: November 12, 2002.
Purpose: The purpose for these rule changes is that 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.
Citation of Existing Rules Affected by this Order: Amending WAC 308-17-310 and 308-17-320, private investigator examination.
Statutory Authority for Adoption: Chapter 18.165 RCW.
Adopted under notice filed as WSR 02-20-085 on October 1, 2002.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 2,
Repealed 0.
Effective Date of Rule:
January 1, 2003.
November 14, 2002
Alan E. Rathbun
Assistant Director
(((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. 552)
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 (7.5% 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
VIII. Title 26 RCW - Domestic Relations (e.g. marriage, dissolution, adoption)
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: 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.
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.]