DAR File No. 37974

Commerce, Occupational and Professional Licensing

Rule R156-63a

Security Personnel Licensing Act Contract Security Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37974
Filed: 09/09/2013 05:08:56 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 63, provides for the licensure of contract security companies, armed private security officers, and unarmed private security officers, as well as armored car companies and armored car security officers. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-63-201(3)(a) provides that the Security Services Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 63a, with respect to contract security companies, armed private security officers and unarmed private security officers.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since the rule was reviewed in November 2008, the Division received numerous written comments as a result of proposed amendments which were filed in January 2011. The following written comments supported the proposed amendment to increase the basic training hours from 8 hours to 24 hours: 02/08/2011 letter from Roger McIff/Peak Alarm Guard and Patrol; 02/07/2011 letter from Joseph W. Chapman; 02/14/2011 letter from Utah Security Association/Lynette Phillips; 02/10/2011 email from Tina Hansen/Andrews International and an undated letter from William Sandoval/Pride Investigations and Security. The following written comments opposed the proposed amendment to increase the basic training hours from 8 hours to 24 hours: 02/09/2011 email from Jim Young/The Whitestone Group; 02/10/2011 letter from SOS Security Inc.; 02/12/2011 letter from Contemporary Service Corp.; 02/01/2011 letter from Lewis Kennedy/American Patriot Security Inc.; 01/27/2011 email from Paul Rothe; 01/27/2011 letter from David Purdle/US Security Associates; 02/09/2011 email from Jonna Young; 01/26/2011 letter from Professional Alliance of Contract Security Companies; and a 10/15/2010 letter from Professional Alliance of Contract Security Companies. The Division and the Security Services Licensing Board considered all written comments, as well as comments made during a 02/15/2011 rule hearing. As a result of the Division and Board review, the January 2011 proposed amendments in DAR No. 34370 were made effective on 03/24/2011 with no additional changes being made in the proposed amendments.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 63, with respect to contract security companies, armed private security officers and unarmed private security officers. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• April Ellis at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at aprilellis@utah.gov

Authorized by:

Mark Steinagel, Director

Effective:

09/09/2013