Date of Adoption: December 11, 2002.

     Purpose: WAC 139-35-010, making this change will make the WAC language consistent with the language in chapter 18.165 RCW, Private investigators and chapter 308-17 WAC, Private investigative agencies and private investigators.

     WAC 139-35-025 and 139-30-025, this change is required to eliminate the need for a person renewing their private investigator's/private security guard's license to take the same firearms certification course they took to get their initial firearms certification.

     Statutory Authority for Adoption: RCW 43.101.080.

      Adopted under notice filed as WSR 02-21-088 on October 21, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

December 20, 2002

Sharon M. Tolton

Deputy Director

OTS-5944.1

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

WAC 139-35-010   Firearms certification -- Licensing requirement.   (1) Any licensed private ((detective)) investigator desiring to be licensed as an armed private ((detective)) investigator by the department shall, as a precondition of being licensed as an armed private ((detective)) investigator, obtain a firearms certificate from the commission.

     (2) An application for armed license must be submitted to the department within ((90)) ninety days following issuance of a firearms certificate by the commission. If application is not submitted within that time period, the firearms certificate will be deemed lapsed by the commission and shall not serve as the basis for an armed license.

[Statutory Authority: RCW 43.101.080(2). 92-02-041, § 139-35-010, filed 12/24/91, effective 1/24/92.]

OTS-5946.1

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 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.)) By renewing the armed private investigator license with the department, the principal partner or principal owner for the private detective company is making declaration that the armed private investigator has met the requirements for annual proficiency with the firearms for which he/she is certified.

     (3) Proof of annual proficiency must be kept in the employee's file within the private investigator company.

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

OTS-5942.1

AMENDATORY SECTION(Amending WSR 92-02-040, filed 12/24/91, effective 1/24/92)

WAC 139-30-025   Firearms certification -- Expiration and renewal.   (1) Any firearms certificate issued by the commission shall expire on the expiration date of any armed security guard 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 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.)) By renewing the armed private security officer license with the department, the principal partner or principal owner for the private security guard company is making declaration that the armed security guard has met the requirements for annual proficiency with the firearms for which he/she is certified.

     (3) Proof of annual proficiency must be kept in the employee's file within the private security company.

[Statutory Authority: RCW 43.101.080(2). 92-02-040, § 139-30-025, filed 12/24/91, effective 1/24/92.]

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