DAR File No. 39368
This rule was published in the June 1, 2015, issue (Vol. 2015, No. 11) of the Utah State Bulletin.
Commerce, Occupational and Professional Licensing
Security Personnel Licensing Act Contract Security Rule
Notice of Proposed Rule
DAR File No.: 39368
Filed: 05/14/2015 11:17:18 AM
Purpose of the rule or reason for the change:
The Division and the Security Services Licensing Board reviewed the rule and determined amendments need to be made to add provisions of federal code with regards to firearm prohibitions.
Summary of the rule or change:
In Section R156-63a-302f, the proposed amendments provide that an applicant who is in violation of 18 U.S.C. Chapter 44, 922(g)1-9 will be denied a license in accordance with federal code. In Section R156-63a-502, the proposed amendment adds as unprofessional conduct failing to report a violation of 18 U.S.C. Chapter 44, 922(g)1-9. In Section R156-63a-503, the proposed amendments update the title and add a minimum sanction that shall be imposed if a licensee fails to report a violation of federal code and Utah statutes identified in the rule. In Section R156-63a-607, the proposed amendments require licensees to notify the Division if they are in violation of 18 U.S.C. Chapter 44, 922(g)1-9 or Utah statutes identified in the rule. In Section R156-63a-613, the proposed amendments require licensees to notify their employing contract security company and the Division if they are in violation of 18 U.S.C Chapter 44, 922(g)1-9 or Utah statutes identified in the rule. Division note: It should be noted that the rule text for Section R156-63a-502 in this filing comes from an earlier proposed rule amendment filing also affecting this rule section, see DAR No. 39293.
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 armed private security officers, contract security companies, and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.
A small business that fails to qualify for licensure will be unable to operate with attendant fiscal losses. However, specific amounts cannot be estimated by the Division.
persons other than small businesses, businesses, or local governmental entities:
The proposed amendments apply only to licensed armed private security officers, contract security companies, and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to other persons.
Compliance costs for affected persons:
The proposed amendments apply only to licensed armed private security officers, contract security companies, and applicants for licensure in those classifications. To comply, affected persons seeking licensure must ensure that they have the necessary qualifications. Any associated costs will vary and are outside of the Division's control. Therefore, those costs cannot be estimated.
Comments by the department head on the fiscal impact the rule may have on businesses:
This filing provides notice that certain criminal convictions and statutory violations preclude licensure of both individuals and business entities. A business that is precluded from licensure will be unable to operate and will therefore experience a fiscal impact. The amount of such impact cannot be estimated or 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:
- 06/16/2015 11:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 210 (second floor) 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-302f. Qualifications for Licensure - Good Moral Character - Disqualifying Convictions.
(1) In addition to those criminal
convictions prohibiting licensure as set forth in Subsections
58-63-302(1)(h), (2)(c) and (3)(c), the following is a list of
criminal convictions [
which] may disqualify a person from obtaining or holding an
unarmed private security officer license, an armed private security
officer license, or a contract security company license:
(a) crimes against a person as defined in Title 76, Chapter 5, Part 1;
(b) theft, including retail theft, as defined in Title 76;
(d) sex offenses as defined in Title 76, Chapter 5, Part 4;
(e) any offense involving controlled dangerous substances;
(m) conspiracy to commit any of the offenses listed herein;
(p) escape from jail, prison, or custody;
(q) false or bogus checks;
(r) terrorist activities;
(u) two or more convictions for driving under the influence of alcohol within the last three years; and
(v) any attempt to commit any of the above offenses.
Where not automatically disqualified pursuant to
Subsections 58-63-302(1)(a), (2)(c) and (3)(c), applications for
licensure or renewal of licensure in which the applicant, or in the
case of a contract security company, the officers, directors, and
shareholders with 5% or more of the stock of the company, has a
criminal background shall be considered on a case by case basis as
defined in Section R156-1-302.]
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) utilizing a vehicle 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;
(3) utilizing a vehicle with an emergency lighting system that violates the requirements of Section 41-6a-1616 of the Utah Motor Vehicle Code;
(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;
(5) being incompetent or negligent as an unarmed private security officer, an armed private security officer, or a contract security company, so as to cause injury to a person or create an unreasonable risk that a person might be harmed;
(6) failing as a contract security company or its officers, directors, partners, proprietors or responsible management personnel to adequately supervise employees so as to place the public health and safety at risk;
(7) failing to immediately notify the Division of the cancellation of the contract security company's insurance policy;
(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;[
9]) wearing a 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-503. Administrative Penalties.
In accordance with Subsection 58-63-503, the following citation fine schedule shall apply to citations issued under Title 58, Chapter 63:
. . . . . . .
2]) Citations shall not be issued for third offenses, except
in extraordinary circumstances approved by the investigative
supervisor. If a citation is issued for a third offense, the fine
is double the second offense amount, with a maximum amount not to
exceed the maximum fine allowed under Subsection
3]) If multiple offenses are cited on the same citation, the
fine shall be determined by evaluating the most serious
4]) An investigative supervisor may authorize a deviation
from the fine schedule based upon the aggravating or mitigating
5]) The presiding officer for a contested citation shall have
the discretion, after a review of the aggravating and mitigating
circumstances, to increase or decrease the fine amount imposed by
an investigator based upon the evidence reviewed.
R156-63a-607. Operating Standards - Criminal Status of Officer, Qualifying Agent, Director, Partner, Proprietor, Private Security Officer or Manager of Contract Security Companies.
In the event an ]officer, qualifying agent,
director, partner, proprietor, private security officer, or any
management personnel having direct responsibility for managing
operations of [ the] contract security company[ has a conviction entered regarding:]
a]) a felony;
b]) a misdemeanor crime of moral turpitude; or
c]) a crime that
when considered with the functions and duties of an
unarmed or armed private security officer[ by the Division and Board indicates that the best interests
of the public are not served, the company shall within ten days of
the conviction or notice reorganize and exclude said individual
from participating at any level or capacity in the management,
operations, sales, ownership, or employment of that
R156-63a-613. Operating Standards - Standards of Conduct.
(1) Licensee employed by a contract
p]ursuant to Title 58, Chapter 63, a licensed armed or
unarmed private security officer [ arrested, charged, or indicted for a criminal offense above
the level of a Class C misdemeanor ]shall notify the
licensee's employing contract security company within 72 hours
the ]arrest, charge, or [ indictment;]
w]ithin 72 hours after [ such] notification
[ by the employee], the employing contract security
company shall notify the Division of the arrest, charge [ or ]indictment[ in writing; and]
t]he written notification
the employee's name[
the name of the arresting agency,
the agency case number[
the date and
the nature of the criminal offense .
(2) Licensee not employed by a contract
p]ursuant to Title 58, Chapter 63, a licensed armed or
unarmed private security officer who is not employed by a contract
security company shall directly notify the Division in writing
within 72 hours of [ any]
arrest, charge or [
indictment] above the level of a Class C
misdemeanor; [ and]
t]he written notification
shall meet the
requirements of Subsection (1)(c).
KEY: licensing, security guards, private security officers
Date of Enactment or Last Substantive Amendment: 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
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/b20150601.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.