WSR 03-07-098

PERMANENT RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[ Filed March 19, 2003, 10:47 a.m. ]

Date of Adoption: March 12, 2003.

Purpose: WAC 139-30-015, the change provides a fee increase for initial certification.

WAC 139-35-015, the change provides consistency with the language adopted in chapter 18.165 RCW, Private investigators, formerly private detectives. It includes a fee increase for initial certification.

It would establish the responsibility of the employer to ensure that annual proficiency standards are met with each weapon the employee carries, and recognizes proof of annual firearm proficiency in lieu of a firearms recertification process that was confusing and cumbersome for the applicants and those responsible for reissuing the license.

Statutory Authority for Adoption: RCW 43.101.080.

Adopted under notice filed as WSR 02-21-088 on October 21, 2002.

Changes Other than Editing from Proposed to Adopted Version: WAC 139-30-015, fee change from $45 to $31.

WAC 139-35-015, fee change from $45 to $31. Removed subsection (3) "All firearms carried by armed private investigators in the performance of their duties must be owned by the employer." Change subsection (4) to read "It shall be the responsibility of the employer to insure that the armed private detective demonstrates proficiency standards on an annual basis with each firearm that he/she is certified to use. Proficiency standards shall be set by the commission."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 4, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

March 17, 2003

Sonya Hirsch

for Sharon M. Tolton

Deputy Director

OTS-5941.5


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

WAC 139-30-015   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, or a principal corporate officer, of the licensed private security company 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 security guard license.

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

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

(3) An armed private detective must obtain a separate firearm certificate for each firearm that he/she is authorized to use in the performance of his/her duties. All firearms carried by armed private security guards in the performance of their duties must be owned or leased by the employer.

(4) It shall be the responsibility of the employer to insure that the armed private detective demonstrates proficiency standards on an annual basis with each firearm that he/she is certified to use. Proficiency standards shall be set by the commission.

[Statutory Authority: RCW 43.101.080(2). 92-02-040, 139-30-015, filed 12/24/91, effective 1/24/92.]

OTS-5945.2


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)) thirty-one 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.

(3) An armed private detective must obtain a separate firearm certificate for each firearm that he/she is authorized to use in the performance of his/her duties.

(4) It shall be the responsibility of the employer to insure that the armed private detective demonstrates proficiency standards on an annual basis with each firearm that he/she is certified to use. Proficiency standards shall be set by the commission.

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

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