DAR File No. 38898

Commerce, Occupational and Professional Licensing

Rule R156-63b

Security Personnel Licensing Act Armored Car Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38898
Filed: 10/06/2014 08:39:07 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule filing is to: 1) add the use of continuing education courses provided via the Internet as an acceptable means of completing the 16 hours of continuing education; and 2) add an academic exam requirement for the six hours of classroom firearms instruction.

Summary of the rule or change:

In Subsection R156-63b-304(2), deletes the words "formal classroom". New Subsection R156-63b-304(3) adds the use of education courses provided via the Internet as a recognized means of completing the 16 hours of continuing education. Remaining subsections are renumbered. Subsection R156-63b-304(9) replaces the word "attendees" with the word "participants" for consistency with other subsections. Subsection R156-63b-304(10) adds the word "course" and the word "participant" and deletes the word "instructor" for clarity and consistency. Subsection R156-63b-304(10)(e) adds that the continuing education course certificate shall also include the name of the course instructor. The new Subsection R156-63b-604(2) adds an academic exam requirement for the six hours of classroom firearms instruction.

State statutory or constitutional authorization for this rule:

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

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 armored car security officers and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments may decrease the cost of continuing education courses for armored car security officer small businesses by adding the use of Internet courses as an approved type of continuing education provider. The proposed amendments may increase the cost for providers offering the basic firearms training program by requiring an academic exam. This cost may be passed on to the overall cost to licensees for basic firearms training. However, due to a wide range of circumstances, the Division is not able to determine either an exact decrease in costs relating to continuing education courses or an exact increase in requiring an academic exam for basic firearms training programs.

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

The proposed amendments only apply to licensed armored car security officers and applicants for licensure in that classification. As a result, the proposed amendments will not impact other persons.

Compliance costs for affected persons:

The proposed amendments may decrease the amount licensees pay for continuing education courses. The filing may increase the cost for providers offering the basic firearms training programs by requiring the addition of an academic exam. This additional cost may be passed on to the overall cost to licensees for basic firearms training. However, due to a wide range of circumstances, the Division is not able to determine either an exact decrease in costs relating to continuing education courses or an exact increase in requiring an academic exam for basic firearms training programs.

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

This rule filing amends the armored care security officer continuing education requirement to allow credit for courses completed online, provided that the course includes a final examination. Businesses that choose to offer online courses will incur development costs. These costs will vary and cannot be quantified.

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:

• Kristina Bean at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at kbean@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:

12/01/2014

This rule may become effective on:

12/08/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-63b. Security Personnel Licensing Act Armored Car Rule.

R156-63b-304. Continuing Education for Armored Car Security Officers as a Condition of Renewal.

(1) In accordance with Subsections 58-1-203(1)(g) and 58-1-308(3)(b), there is created a continuing education requirement as a condition of renewal or reinstatement of licenses issued under Title 58, Chapter 63 in the classifications of armored car security officer.

(2) Armored car security officers shall complete 16 hours of continuing education every two years consisting of [formal classroom ]education that includes[covers]:

(a) company operational procedures manual;

(b) applicable state laws and rules;

(c) ethics; and

(d) emergency techniques.

(3) Credit for the 16 hours of continuing education shall be recognized in accordance with the following:

(a) Unlimited hours shall be recognized for continuing education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences.

(b) Unlimited hours shall be recognized for continuing education that is provided via the Internet provided the course provider verifies registration and participation in the course by means of a test which demonstrates that the participant has learned the material presented.

([3]4) In addition to the required 16 hours of continuing education, armored car security officers shall complete not less than 16 additional hours of continuing firearms education and training every two years. The continuing firearms education and training shall be completed in four-hour blocks every six months and shall not include any hours for the continuing education requirement in Subsection R156-63b-304(2). The continuing firearms education and training shall include as a minimum:

(a) live classroom instruction concerning the restrictions in the use of deadly force and firearms safety on duty, at home and on the range; and

(b) a recognized practical pistol recertification course on which the licensee achieves a minimum score of 80% using regular or low light conditions.

([4]5) Firearms education and training shall comply with the provisions of Title 15, USC Chapter 85, the Armored Car Industry Reciprocity Act.

([5]6) An individual holding a current armored car security officer license in Utah who fails to complete the required four hours of continuing firearms education within the appropriate six month period will be required to complete one and one half times the number of continuing firearms education hours the licensee was deficient for the reporting period (this requirement is hereafter referred to as penalty hours). The penalty hours shall not be considered to satisfy in whole or in part any of the continuing firearms education hours required for subsequent renewal of the license.

([6]7) If a renewal period is shortened or lengthened to effect a change of renewal cycle, the continuing education hours required for that renewal period shall be increased or decreased accordingly as a pro rata amount of the requirements of a two-year period.

([7]8) Each licensee shall maintain documentation showing compliance with the requirements of this section.

([8]9) The continuing education course provider shall provide course [attendees]participants, who complete the continuing education course , with a course completion certificate.

([9]10) The course certificate shall contain:

(a) the name of the [instructor]participant;

(b) the date the course was taken;

(c) the location where the course was taken;

(d) the title of the course;

(e) the name of the course provider and instructor; and

(f) the number of continuing education hours completed.

 

R156-63b-604. Operating Standards - Content of Approved Basic Firearms Training Program for Armored Car Security Officers.

An approved basic firearms training program for armored car security officers shall have the following components:

(1) at least six hours of classroom firearms instruction to include the following:

(a) the firearm and its ammunition;

(b) the care and cleaning of the weapon;

(c) the prohibition against alterations of firing mechanism;

(d) firearm inspection review procedures;

(e) firearm safety on duty;

(f) firearm safety at home;

(g) firearm safety on the range;

(h) legal and ethical restraints on firearms use;

(i) explanation and discussion of target environment;

(j) stop failure drills;

(k) explanation and discussion of stance, draw stroke, cover and concealment and other firearm fundamentals;

(l) armed patrol techniques;

(m) use of deadly force under Utah law and the provisions of Title 76, Chapter 2, Part 4 and a discussion of 18 USC 44 Section 922; and

(n) the instruction that armored car security officers shall not fire their weapon unless there is an eminent threat to life and at no time shall the weapon be drawn as a threat or means to force compliance with any verbal directive not involving eminent threat to life;[ and]

(2) a final examination that demonstrates the competency of the participant on the subjects included in the six hours of classroom firearms instruction with a passing score requirement of 80%; and

([2]3) at least six hours of firearms range instruction to include the following:

(a) basic firearms fundamentals and marksmanship;

(b) demonstration and explanation of the difference between sight picture, sight alignment and trigger control; and

(c) a recognized practical pistol course on which the applicant achieves a minimum score of 80% using regular and low light conditions.

 

KEY: licensing, security guards, armored car security officers, armored car company

Date of Enactment or Last Substantive Amendment: [June 23, ]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