DAR File No. 38450

Commerce, Occupational and Professional Licensing

Rule R156-63a

Security Personnel Licensing Act Contract Security Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38450
Filed: 04/21/2014 10:24:36 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Security Services Licensing Board are proposing amendments to the rule to delete the requirement for a copy of a driver's license or identification card for all unarmed and armed private security officer applicants, officers, directors, shareholders, and qualifying agents. The application requires providing us with driver's license or identification information, therefore requesting a copy is not necessary. The proposed amendments will also add to the rule a provision regarding interim permits for private security officers. The proposed amendment would cause the expiration of an interim permit if the applicant's license is denied. This would facilitate the rule becoming consistent with the statutory intent. The proposed amendments also amend the requirements for basic education training which is done prior to licensure for unarmed and armed private security officers. The proposed amendments will allow for 8 of the 24 required training hours to be completed outside the classroom in security subject areas of the instructor's choice. This allows for more flexibility in course content and in the mode of instruction.

Summary of the rule or change:

In Subsections R156-63a-302a(1)(d) and (2)(d), the amendment deletes the provisions requiring a copy of the driver's license or identification card for unarmed and armed private security officers applicants, qualifying agents, officers, directors, and shareholders. New Subsection R156-63a-302g(2) adds that an interim permit shall automatically expire if an application for licensure is denied. In Subsection R156-63a-602(5), amendments delete the provision requiring direct student-teacher relationship. In Section R156-63a-603, amends the 24-hour requirement to 16 hours of basic classroom instruction which includes a direct student-teacher relationship and adds the provision of an additional 8 elective hours. The 16 basic classroom hours must be in the listed subject areas which were not changed. The number of hours required in each subject area are being deleted.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)
• Section 58-63-101

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed unarmed and armed private security officers and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments in this filing regarding the reduction of classroom training hours may decrease the costs of small business owners that hire instructors and/or provide training to armed and unarmed private security officers due to the eight hours of classroom instruction being removed. The proposed amendments allow for training to be potentially done in two days with the remaining eight hours achieved outside of a classroom setting. However, due to a wide range of circumstances, the Division is not able to determine any exact amount of potential decrease in costs to small businesses. The remaining proposed amendments will not impact costs of small businesses.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendment in this filing regarding the reduction of classroom training hours may decrease the financial gain of security associations and companies providing training as a result of requiring fewer hours to be taught in the classroom. The proposed amendments may also decrease the costs for applicants seeking licensure by potentially needing less classroom instruction. However, due to a wide range of circumstances, the Division is not able to determine any exact amount of potential decrease in costs. The remaining proposed amendments will not impact other persons.

Compliance costs for affected persons:

The proposed amendments may decrease the costs of applicants for licensure as an unarmed or armed private security officer by potentially not having to pay for up to eight hours of training and/or also allowing for the use of previous certifications. The Division does not anticipate that the remaining proposed amendments will alter compliance costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

This filing reduces the number of classroom instruction hours required for licensure as a security officer. It is possible businesses that offer such instruction will decrease tuition, reduce instructor compensation, and otherwise modify their business operations accordingly. Any attendant fiscal impact will vary among education providers and cannot be estimated. Otherwise, it is not anticipated that this rule filing will have a fiscal impact on businesses.

Francine A. Giani, Executive Director

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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/16/2014

Interested persons may attend a public hearing regarding this rule:

• 06/12/2014 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402, Salt Lake City, UT

This rule may become effective on:

06/23/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-63a. Security Personnel Licensing Act Contract Security Rule.

R156-63a-302a. Qualifications for Licensure - Application Requirements.

(1) An application for licensure as a contract security company shall be accompanied by:

(a) a certification of criminal record history for the applicant's qualifying agent issued by the Bureau of Criminal Identification, Utah Department of Public Safety, in accordance with the provisions of Subsection 53-10-108(1)(f)(ii);

(b) two fingerprint cards for the applicant's qualifying agent, and all of the applicant's officers, directors, shareholders owning more than 5% of the stock, partners, proprietors, and responsible management personnel; and

(c) a fee established in accordance with Section 63J-1-504 equal to the cost of conducting a check of records of the Federal Bureau of Investigation, and Bureau of Criminal Identification, Utah Department of Public Safety, for each of the applicant's qualifying agent, officers, directors, shareholders owning more than 5% of the stock, partners, proprietors, and responsible management personnel[; and

(d) a copy of the driver license or identification card issued by a state or territory of the United States or the District of Columbia to the applicant's qualifying agent, officers, directors, shareholders owning more than 5% of the stock, partners, proprietors, and responsible management personnel].

(2) An application for licensure as an armed or unarmed private security officer shall be accompanied by:

(a) a certification of criminal record history for the applicant issued by the Bureau of Criminal Identification, Utah Department of Public Safety, in accordance with the provisions of Subsection 53-10-108(1)(f)(ii);

(b) two fingerprint cards for the applicant; and

(c) a fee established in accordance with Section 63J-1-504 equal to the cost of conducting a check of records of:

(i) the Federal Bureau of Investigation for the applicant; and

(ii) the Bureau of Criminal Identification of the Utah Department of Public Safety[; and

(d) a copy of the driver license or identification card issued by a state or territory of the United States or the District of Columbia to the applicant].

(3) Applications for change in licensure classification from unarmed to armed private security officer shall only require the following additional documentation:

(a) the required firearms training pursuant to Section 58-63-604; and

(b) an additional criminal history background check pursuant to Section 58-63-302 and Subsections R156-63a-302a(2).

 

R156-63a-302g. Qualifications for Licensure - Immediate Issuance of an Interim Permit.

In accordance with Subsection 58-63-310, upon receipt of a complete application for licensure as an unarmed private security officer or as an armed private security officer, the Division may immediately issue an interim permit to the applicant if the applicant meets the following criteria:

(1) (a) the applicant submits with the applicant's application an official criminal history report from the Bureau of Criminal Identification showing "No Criminal Record Found";

([2]b) the applicant has not answered "yes" to any question on the qualifying questionnaire section of the application; and

([3]c) the applicant has not had a license to practice an occupation or profession denied, revoked, suspended, restricted or placed on probation.

(2) If an applicant's application is denied, an interim permit under this section shall automatically expire.

 

R156-63a-602. Operating Standards - Approved Basic Education and Training Program for Armed and Unarmed Private Security Officers.

To be designated by the Division as an approved basic education and training program for armed private security officers and unarmed private security officers, the applicant for program approval shall meet the following standards:

(1) The applicant shall pay a fee for the approval of the education program.

(2) The training method is documented in a written education and training manual which includes training performance objectives and a four hour instructor training program.

(3) The program curriculum for armed private security officers includes content as established in Sections R156-63a-603 and R156-63a-604.

(4) The program for unarmed private security officers includes content as established in Section R156-63a-603.

(5) An instructor is a person who directly facilitates learning through means of live in-class lecture, group participation, practical exercise, or other means[, where there is a direct student-teacher relationship]. All instructors providing the basic classroom instruction shall:

(a) have at least three years of supervisory experience reasonably related to providing contract security services; and

(b) have completed a four hour instructor training program which shall include the following criteria:

(i) motivation and the learning process;

(ii) teacher preparation and teaching methods;

(iii) classroom management;

(iv) testing; and

(v) instructional evaluation.

(6) All instructors providing firearms training shall have the following qualifications:

(a) current Peace Officers Standards and Training firearms instructors certification; or

(b) current certification as a firearms instructor by the National Rifle Association, a Utah law enforcement agency, a Federal law enforcement agency, a branch of the United States military, or other qualification or certification found by the Division, in collaboration with the Board, to be equivalent.

(7) All approved basic education and training programs shall maintain training records on each individual trained including the dates of attendance at training, a copy of the instruction given, and the location of the training. These records shall be maintained in the files of the education and training program for at least three years.

(8) In the event an approved provider of basic education and training ceases to engage in business, the provider shall establish a method approved by the Division by which the records of the education and training shall continue to be available for a period of at least three years after the education and training is provided.

(9) Instructors, who present continuing education hours and are licensed armed or unarmed private security officers, shall receive credit for actual preparation time for up to two times the number of hours to which participants would be entitled. For example, for learning activities in which participants receive four continuing education hours, instructors may receive up to eight continuing education hours (four hours for preparation plus four hours for presentation).

 

R156-63a-603. Operating Standards - Content of Approved Basic Education and Training Program for Armed and Unarmed Private Security Officers.

(1) An approved basic education and training program for armed and unarmed private security officers shall have [the following components]at least 24 hours of instruction including:

(a) [at least 24 hours of basic classroom instruction including]16 hours of basic classroom instruction in which there is a direct student-teacher relationship that includes all of the following:

(i) [one hour covering ]the nature and role of private security, including:

(A) the limits of a private security officer's authority;

(B) the scope of authority of a private security officer;

(C) the civil liability of a private security officer; and

(D) the private security officer's role in today's society;

(ii) [three hours covering ]state laws and rules applicable to private security;

(iii) [three hours covering ]the legal responsibilities of private security, including:

(A) constitutional law;

(B) search and seizure; and

(C) other such topics;

(iv) [four hours of ]situational response evaluations, including:

(A) protecting and securing crime or accident scenes;

(B) notifying of internal and external agencies; and

(C) controlling information;

(v) [one hour covering ]security ethics;

(vi) [three hours covering ]the use of force, emphasizing the de-escalation of force and alternatives to using force;

(vii) [two hours covering ]documentation and report writing, including:

(A) preparing witness statements;

(B) performing log maintenance;

(C) exercising control of information;

(D) taking field notes;

(E) organizing information into a report; and

(F) performing basic writing;

(viii) [four hours covering ]patrol techniques, including:

(A) mobile patrol verses fixed post;

(B) accident prevention;

(C) responding to calls and alarms;

(D) security breeches; and

(E) monitoring potential safety hazards;

(ix) [two hours covering ]police and community relations, including fundamental duties and personal appearance of security officers;

(x) [one hour covering ]sexual harassment in the work place; and

(b) eight hours of elective course work as determined by the instructor that may include:

(i) current certification in cardiopulmonary resuscitation (CPR), automated external defibrillator (AED), first aid, or any other recognized basic life saving certification;

(ii) introduction to executive protection;

(iii) basic self-defense;

(iv) driving techniques for the security professional;

(v) escort techniques;

(vi) crowd control;

(vii) access control and the use of electronic detection devices;

(viii) introduction to security's rose with closed-circuit television systems;

(ix) use of defensive items and objects;

(x) management of aggressive behavior, use of force, de-escalation techniques;

(xi) homeland security involving bomb threats and anti-terrorism;

(xii) Americans with Disabilities Act (ADA) compliance; and

(xiii) prior training as evidenced by third-party documentation may be accepted at the trainer's discretion to count towards the eight hours of elective training; and

(c) a final examination that:

(i) competently examines the student on the subjects included in the 16 hours of basic classroom instruction in the approved program of education and training; and

(ii) mandates a minimum pass score of 80%.[

(xi) a final examination which competently examines the student on the subjects included in the 24 hours of basic classroom instruction in the approved program of education and training.

(2) A student may only successfully pass the examination under Subsection (xi) with a minimum score of 80%.]

 

KEY: licensing, security guards, private security officers

Date of Enactment or Last Substantive Amendment: [October 29, 2013]2014

Notice of Continuation: September 9, 2013

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101