(1) The director of labor and industries shall require, as
a condition precedent to the original issuance and upon renewal
every three years thereafter of any explosive license,
fingerprinting and criminal history record information checks of
every applicant. In the case of a corporation, fingerprinting
and criminal history record information checks shall be required
for the management officials directly responsible for the
operations where explosives are used if such persons have not
previously had their fingerprints recorded with the department of
labor and industries. In the case of a partnership,
fingerprinting and criminal history record information checks
shall be required of all general partners. Such fingerprints as
are required by the department of labor and industries shall be
submitted on forms provided by the department to the
identification section of the Washington state patrol and to the
identification division of the federal bureau of investigation in
order that these agencies may search their records for prior
convictions of the individuals fingerprinted. The Washington
state patrol shall provide to the director of labor and
industries such criminal record information as the director may
request. The applicant shall give full cooperation to the
department of labor and industries and shall assist the
department of labor and industries in all aspects of the
fingerprinting and criminal history record information check.
The applicant shall be required to pay the current federal and
state fee for fingerprint-based criminal history background
checks.
(2) The director of labor and industries shall not issue a
license to manufacture, purchase, store, use, or deal with
explosives to:
(a) Any person under twenty-one years of age;
(b) Any person whose license is suspended or whose license
has been revoked, except as provided in RCW 70.74.370;
(c) Any person who has been convicted in this state or
elsewhere of a violent offense as defined in RCW 9.94A.030,
perjury, false swearing, or bomb threats or a crime involving a
schedule I or II controlled substance, or any other drug or
alcohol related offense, unless such other drug or alcohol
related offense does not reflect a drug or alcohol dependency.
However, the director of labor and industries may issue a license
if the person suffering a drug or alcohol related dependency is
participating in or has completed an alcohol or drug recovery
program acceptable to the department of labor and industries and
has established control of their alcohol or drug dependency. The
director of labor and industries shall require the applicant to
provide proof of such participation and control; or
(d) Any person who has previously been adjudged to be
mentally ill or insane, or to be incompetent due to any mental
disability or disease and who has not at the time of application
been restored to competency.
(3) The director of labor and industries may establish
reasonable licensing fees for the manufacture, dealing, purchase,
use, and storage of explosives.
[2009 c 39 § 1; 2008 c 285 § 10; 1988 c 198 § 3.]
NOTES:
Intent -- Captions not law -- Effective date -- 2008 c 285: See notes following RCW 43.22.434.