DAR File No. 39293
This rule was published in the May 15, 2015, issue (Vol. 2015, No. 10) of the Utah State Bulletin.
Commerce, Occupational and Professional Licensing
Security Personnel Licensing Act Contract Security Rule
Notice of Proposed Rule
DAR File No.: 39293
Filed: 04/21/2015 02:01:08 PM
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.
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.
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 email@example.com
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:
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:
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;
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] markings, lighting, and/or signal devices
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]) utilizing a vehicle with an emergency lighting system [ which] violates the requirements of Section 41-6a-1616 of the
Utah Motor Vehicle Code;
6]) 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]) being incompetent or negligent as an unarmed private
security officer, an armed private security officer or [ by ]a contract security company
[ that results in] injury to a person or [ that ]create[ s] an unreasonable risk that a person [ may] be harmed;
8]) failing as a contract security company or its officers,
directors, partners, proprietors or responsible management
personnel to adequately supervise employees [ to the extent that] the public health and safety [ are ]at risk;
9]) failing to immediately notify the Division of the
cancellation of the contract security company's insurance
10]) 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]) wearing a[ n] uniform, insignia,
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
Utah] identification card [ issued by the Division of Driver License ]or a
[ Utah driver's] 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]
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
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150515.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Jana Johansen at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.