WSR 14-02-055

PERMANENT RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[Filed December 26, 2013, 8:55 a.m., effective January 26, 2014]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Chapter 139-37 WAC, Certified firearms instructors—Private security, private investigators, and bail bond recovery agents, addressing the requirements of private security certified firearms instructors to provide firearms certification training and qualifications to private security, private investigators, and bail bond recovery agents, is being revised as chapter 139-33 WAC is a new WAC regarding bail bond recovery agents and is not included in chapter 139-37 WAC.

Citation of Existing Rules Affected by this Order: Amending WAC 139-37-005 and 139-37-010.

Statutory Authority for Adoption: RCW 43.101.080.

Adopted under notice filed as WSR 13-21-117 on October 22, 2013.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 26, 2013.

Sonja Hirsch

Rules Coordinator

AMENDATORY SECTION (Amending WSR 09-19-073, filed 9/16/09, effective 10/17/09)

WAC 139-37-005 Certified firearms instructors—Requirements.

(1) For the purposes of chapters 139-30, 139-33, 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) Satisfactorily completes an instructor orientation course regarding the requirements of instruction and testing for firearms certification of private security guards, private investigators, and bail bond recovery agents; and

(c) 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, private 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, armed private 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.

AMENDATORY SECTION (Amending WSR 09-19-073, filed 9/16/09, effective 10/17/09)

WAC 139-37-010 Certified firearms instructors—Records.

(1) A master record of firearms certificate issuances by the commission to private security guards, private investigators, and bail bond recovery agents shall be maintained by the commission.

(2) A master record of certified firearms instructors for purposes of chapters 139-30, 139-33, and 139-35 WAC shall be maintained by the commission.

(3) The aforementioned records shall be accessible by any individual, organization, private security company, private investigation agency, or bail bond recovery/bail bond agency making written inquiry to the commission to WSCJTC, Public Records Officer, 19010 1st Ave. S., Burien, WA 98148.