EXPEDITED RULES
TRAINING COMMISSION
Title of Rule and Other Identifying Information: Chapter 139-30 WAC, Firearms certification -- Security guards.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Sonja Hirsch, Rules Coordinator, Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148 , AND RECEIVED BY Monday, February 1, 2010, at 4 p.m.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Simple grammar changes and addition of new definition (corporate officer) missing from prior versions.
Statutory Authority for Adoption: RCW 43.101.080.
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: Steve Lettic, Burien, Washington, (206) 835-7337.
November 23, 2009
Sonja Hirsch
Rules Coordinator
OTS-2820.1
AMENDATORY SECTION(Amending WSR 92-02-040, filed 12/24/91,
effective 1/24/92)
WAC 139-30-005
Firearms certification -- Definitions.
(1)
Words and terms used in WAC 139-30-005 through 139-30-025
shall have the same meaning as under chapter 18.170 RCW,
unless otherwise clearly provided in these rules, or the
context in which they are used in these rules clearly
indicates that they be given some other meaning.
(2) "Principal owner" means the sole owner of a private security guard company.
(3) "Principal partner" means a partner who exercises operational control over a private security guard company.
(4) "Corporate officer" means a designee with operational and administrative control at a private security guard company.
(5) "Department" means Washington state department of licensing.
(((5))) (6) "Commission" means Washington state criminal
justice training commission.
[Statutory Authority: RCW 43.101.080(2). 92-02-040, § 139-30-005, filed 12/24/91, effective 1/24/92.]
(2) An application for armed private security guard
license must be submitted to the department within ninety days
following issuance of a firearms ((certificate)) certification
by the commission. If application is not submitted within
that time period, the firearms ((certificate)) certification
will be deemed lapsed by the commission and shall not serve as
the basis for an armed private security guard license.
[Statutory Authority: RCW 43.101.080(2). 92-02-040, § 139-30-010, filed 12/24/91, effective 1/24/92.]
(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 as set by the commission.
(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))
certification.
(3) An armed private security guard must be qualified by
a firearms instructor certified by the commission((,)) and
provide the commission with proof of the initial qualification
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)) security guard
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. 08-08-017, § 139-30-015, filed 3/19/08, effective 4/19/08; 03-07-098, § 139-30-015, filed 3/19/03, effective 4/19/03. Statutory Authority: RCW 43.101.080(2). 92-02-040, § 139-30-015, filed 12/24/91, effective 1/24/92.]
(a) Classroom instruction which, through established learning objectives, addresses:
(i) Legal issues regarding the use of deadly force;
(ii) Decision making regarding the use of deadly force;
(iii) Safe firearms handling; and
(iv) Basic tactics in the use of deadly force.
(b) A written examination based upon the aforementioned learning objectives;
(c) A skills test wherein the applicant is required to demonstrate satisfactory proficiency in safe firearms handling; and
(d) A range qualification course wherein an applicant is required to demonstrate requisite proficiency with the specific firearm provided to the applicant by the applicant's employing company.
(2) A firearms ((certificate)) certification shall be
issued in the name of each successful applicant and forwarded
to the respective employing company.
[Statutory Authority: RCW 43.101.080(2). 92-02-040, § 139-30-020, filed 12/24/91, effective 1/24/92.]
(2) By renewing the armed private security ((officer))
guard license with the department, the principal partner
((or)), principal owner, or corporate officer for the private
security guard company is making declaration that the armed
private 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. 03-02-007, § 139-30-025, filed 12/20/02, effective 1/20/03. Statutory Authority: RCW 43.101.080(2). 92-02-040, § 139-30-025, filed 12/24/91, effective 1/24/92.]