PROPOSED RULES
TRAINING COMMISSION
Original Notice.
Preproposal statement of inquiry was filed as WSR 09-02-078.
Title of Rule and Other Identifying Information: Chapter 139-37 WAC, Certified firearms instructors -- Private security, private investigators, and bail bond recovery agents.
Hearing Location(s): Washington State Criminal Justice Training Commission, 19010 1st Avenue South, Room E-154, Burien, WA 98148, on Wednesday, September 9, 2009, at 10 a.m.
Date of Intended Adoption: September 9, 2009.
Submit Written Comments to: Sonja Hirsch, Rules Coordinator, 19010 1st Avenue South, Burien, WA 98148, e-mail shirsch@cjtc.state.wa.us, fax (206) 835-7298, by September 2, 2009.
Assistance for Persons with Disabilities: Contact Sonja Hirsch, rules coordinator, by September 7, 2009, TTY (206) 835-7300 or (206) 835-7372.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendments to chapter 139-37 WAC are being proposed to include bail bond recovery agents and simple language updates.
In addition, the title of chapter 139-37 WAC has been changed from "Firearms certification -- Instructors -- Records" to "Certified firearms instructors -- Private security, private investigators, and bail bond recovery agents."
Reasons Supporting Proposal: Name is updated to be consistent with other WACs.
Statutory Authority for Adoption: RCW 43.101.080.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent:
Name of Agency Personnel Responsible for Drafting: Rachelle Parslow, Burien, Washington, (206) 835-7346; Implementation and Enforcement: Michael D. Parsons, Burien, Washington, (206) 835-7347.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025.
A cost-benefit analysis is not required under RCW 34.05.328.
August 5, 2009
Sonja Hirsch
Rules Coordinator
OTS-2106.5
AMENDATORY SECTION(Amending WSR 92-02-042, filed 12/24/91,
effective 1/24/92)
WAC 139-37-005
Certified firearms ((certification))
instructors -- ((Certified instructors)) Requirements.
(1) For
the purposes of chapters 139-30 and 139-35 WAC, "certified
firearms instructor" means any individual who:
(a) Applies for certified firearms instructor certification to the commission on a form prescribed by the commission for such purpose; and
(b) Pays an administrative fee of twenty-five dollars; and
(c) Satisfactorily completes an instructor orientation
course regarding the requirements of instruction and testing
for firearms certification of private security guards ((and)),
private ((detectives)) investigators, and bail bond recovery
agents; and
(((i) Documents satisfactory completion of a firearms
instructor course approved by the commission; or
(ii) Satisfactorily completes a firearms instructor course conducted by the commission; and
(d) Meets one of the following:
(i) Is currently employed as a full-time commissioned law enforcement officer; or
(ii) Is currently licensed as a private security guard or private detective; or
(iii) Submits a set of fingerprints to the commission for the purposes of background investigation; and
(e))) (d) Has not been convicted of a gross misdemeanor or felony; and has not been convicted of a misdemeanor involving the use or threatened use of a firearm; and has not committed any act involving moral turpitude, dishonesty, or corruption, whether the act constitutes a crime or not.
(2) A certified firearms instructor is authorized to
conduct an approved program of instruction and testing for
firearms certification of private security guards ((and)),
private ((detectives)) investigators, and bail bond recovery
agents. The certified firearms instructor shall not be
considered an employee, agent, contractor, or representative
of the commission.
(3) The commission may monitor and review the program of instruction and testing conducted by a certified firearms instructor for the purpose of determining compliance with the commission's program materials and standards.
(4) Certified firearms instructor status may be revoked by the commission for cause, including, but not limited to:
(a) Misrepresentation of facts on the initial application for certified firearms instructor certification; or
(b) Conviction of a gross misdemeanor or felony; or conviction of a misdemeanor involving the use or threatened use of a firearm; or the commission of any act involving moral turpitude, dishonesty, or corruption, whether the act constitutes a crime or not; or
(c) Failure to conduct the armed private guard ((or)),
armed private ((detective)) investigator, or bail bond
recovery agent firearms certification/recertification program
as prescribed by the commission; or
(d) Falsification of any documentation or score relating to the firearms certification/recertification program; or
(e) Unsafe firearms handling during the firearms certification/recertification process.
(5) The commission may require periodic instructor update training at its discretion, but no more frequently than once a year.
[Statutory Authority: RCW 43.101.080(2). 92-02-042, § 139-37-005, filed 12/24/91, effective 1/24/92.]
(2) A master record of certified firearms instructors for purposes of chapters 139-30 and 139-35 WAC shall be maintained by the commission.
(3) The aforementioned records shall be accessible by any
individual, organization, private security company, ((or))
private ((detective)) investigation agency, or bail bond
recovery/bail bond agency making written inquiry to the
commission ((at its administrative offices, P.O. Box 0905,
Olympia WA 98504-0905)) to WSCJTC, Public Records Officer,
19010 1st Ave. S., Burien, WA 98148.
[Statutory Authority: RCW 43.101.080(2). 92-02-042, § 139-37-010, filed 12/24/91, effective 1/24/92.]