DAR File No. 39293

Commerce, Occupational and Professional Licensing

Rule R156-63a

Security Personnel Licensing Act Contract Security Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 39293
Filed: 04/21/2015 02:01:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Security Services Licensing Board reviewed the rule and found changes that need to be made.

Summary of the rule or change:

Subsections R156-63a-502(2) and (3) reference a section of rule that was deleted in a January 2011 rule filing and as a result, those sections need to be deleted. In Section R156-63a-609, a rule change in 2014 deleted the requirement for a copy of a Utah specific driver license or Utah specific identification card for security personnel as a qualification for licensure. Therefore, operating standards in this section also need to reflect the change. References to Utah specific identification card and driver license are updated.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-63-101
• 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 apply only 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 apply only to licensed unarmed and armed private security officers and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business. An unquantifiable amount may be saved by potential employees receiving licenses quicker, due to not having to wait for the Utah specific identification card or driver license being issued.

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

The proposed amendments apply only to licensed unarmed and armed private security officers and applicants for licensure in those classifications. The Division does not anticipate any costs or savings for other persons.

Compliance costs for affected persons:

The proposed amendments apply only to licensed unarmed and armed private security officers and applicants for licensure in those classifications. An unquantifiable amount may be saved by an individual due to not having to wait for the Utah specific identification card or driver license.

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

As stated in the rule analysis, this filing deletes language that has been rendered obsolete by prior filings. No fiscal impact to businesses is anticipated.

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:

• Jana Johansen at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@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:

06/15/2015

Interested persons may attend a public hearing regarding this rule:

• 05/18/2015 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475, Salt Lake City, UT

This rule may become effective on:

06/22/2015

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

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

R156-63a-502. Unprofessional Conduct.

"Unprofessional conduct" includes the following:

(1) making any statement that would reasonably cause another person to believe that a private security officer functions as a law enforcement officer or other official of this state or any of its political subdivisions or any agency of the federal government;

(2) [employing an unarmed or armed private security officer, as an on-the-job trainee exempted from licensure pursuant to Section R156-63a-307, who has been convicted of:

(a) a felony;

(b) a misdemeanor crime of moral turpitude; or

(c) a crime that when considered with the duties and functions of an unarmed or armed private security officer by the Division and Board indicates that the best interests of the public are not served;

(3) employing an unarmed or armed private security officer who fails to meet the requirements of Section R156-63a-307;

(4) ]utilizing a vehicle [whose]with markings, lighting, and/or signal devices that imply or suggest that the vehicle is an authorized emergency vehicle as defined in Subsection 41-6a-102(3) and Section 41-6a-310 and in Title R722, Chapter 340;

([5]3) utilizing a vehicle with an emergency lighting system [which]that violates the requirements of Section 41-6a-1616 of the Utah Motor Vehicle Code;

([6]4) wearing a uniform, insignia, or badge that would lead a reasonable person to believe that the unarmed or armed private security officer is connected with a federal, state, or municipal law enforcement agency;

([7]5) being incompetent or negligent as an unarmed private security officer, an armed private security officer, or [by ]a contract security company , so as to cause[that results in] injury to a person or [that ]create[s] an unreasonable risk that a person [may]might be harmed;

([8]6) failing as a contract security company or its officers, directors, partners, proprietors or responsible management personnel to adequately supervise employees [to the extent that]so as to place the public health and safety [are ]at risk;

([9]7) failing to immediately notify the Division of the cancellation of the contract security company's insurance policy;

([10]8) failing as a contract security company or an armed or unarmed private security officer to report a criminal offense pursuant to Section R156-63a-613; and

([11]9) wearing a[n] uniform, insignia, or badge , or displaying a license , that would lead a reasonable person to believe that an individual is connected with a contract security company, when not employed as an armed or unarmed private security officer by a contract security company.

 

R156-63a-609. Operating Standards - Proper Identification of Private Security Officers.

All armed and unarmed private security officers shall carry a valid security license together with a government-issued[Utah] identification card [issued by the Division of Driver License ]or a current state-issued [Utah driver's]driver license whenever performing the duties of an armed or unarmed private security officer and shall exhibit said license and identification upon request.

 

KEY: licensing, security guards, private security officers

Date of Enactment or Last Substantive Amendment: [November 24, 2014]2015

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