DAR File No. 43319

This rule was published in the November 15, 2018, issue (Vol. 2018, No. 22) of the Utah State Bulletin.


Commerce, Occupational and Professional Licensing

Rule R156-63b

Security Personnel Licensing Act Armored Car Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 43319
Filed: 10/18/2018 04:32:36 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

S.B. 197, passed during the 2018 General Legislative Session, amended the Security Personnel Licensing Act (Act) with respect to the basic education and training hours required for initial licensure as an armored car security officer. The Act now requires "a minimum of eight" hours of classroom or online curriculum instead of 24 hours. In accordance with this legislative guidance, and review and recommendations by the Security Services Licensing Board (Board) to improve armored car security officer education and training, these proposed amendments modify the initial basic education and training requirements and the continuing education requirements for armored car security officers.

Summary of the rule or change:

In Section R156-63b-102 these proposed changes remove the definition of "supervised on the job training", because on the job training is no longer accepted. It was removed with a previous rule filing but the definition was missed. In Section R156-63b-304 the continuing education requirements are modified as follows: 1) The elective coursework topics that were deleted from Section R156-63b-603 basic education and training requirements have been incorporated here. The CPR/AED/first-aid topics are included in newly defined "core" continuing education topics, and the remaining elective topics are included in the newly defined "professional" continuing education topics. 2) The required continuing education hours have been increased from 16 hours to 32 hours. A minimum of 16 hours shall consist of education covering one or more of "core" continuing education topics; the remaining hours may consist of "professional" or "core" continuing education topics. "Core" continuing education is defined as the existing continuing education topics and new first-aid topics. "Professional" continuing education is defined as education covering one or more of the newly incorporated elective topics. 3) Credit for continuing education is further clarified and established as follows: i) two hours are allowed for each hour of lecturing, training, or instructing a course, if it is the first time the material has been taught during the preceding 12 months, up to a maximum of 12 hours during each two-year renewal period; the type of credit received (core, professional, or firearms education and training) is based on the subject taught; ii) one core continuing education hour is allowed for each hour of service on the Contract Security Services Licensing Board, a state or national security board, or the Contract Security Education Advisory Peer Committee, up to a maximum of six hours during each two-year renewal period; and iii) Internet continuing education is now referenced on the required continuing education completion certificate. 4) It is clarified that continuing education requirements may not be satisfied by the education and training programs required to obtain initial licensure. 5) Formatting changes are made throughout for clarity. In Section R156-63b-502 these proposed amendments add to the definition of "unprofessional conduct" failing as an armored car security officer to complete required continuing education hours. In Section R156-63b-602 these proposed amendments delete the subsection granting continuing education credit to instructors, because this provision has been incorporated into R156-63b-603. The approved basic education and training program requirements are modified in Section R156-63b-603 as follows: 1) programs must now have a minimum of eight hours of classroom or online instruction, instead of a minimum of 24 hours; 2) the provision requiring eight hours of elective coursework is deleted, and the elective coursework topics themselves are deleted; 3) formatting changes are made throughout for clarity.

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

No state government entities will be directly affected by these amendments because the constrained parties consist only of licensed armored car security officers and the businesses that employ them. Additionally, there are no state government entities acting as businesses that will be impacted. State government entities that employ security businesses could experience an indirect fiscal cost if the security businesses they hire have greater expenses due to increased employee continuing education requirements and choose to pass those expenses on to customers. However, based on Board members' discussions with industry participants and businesses, it was determined that these increased costs, if any, would not be passed on to security business customers, especially given that security businesses retain complete discretion as to whether and how to provide any continuing education training to their employees. As a result, these rule amendments are not expected to impact the state beyond a minimal cost to the Division of Occupational and Professional Licensing (Division) of approximately $75 to print and distribute this rule and updating current rule posting locations and materials once these proposed amendments are made effective.

local governments:

No local government entities will be directly affected by these amendments because the constrained parties consist only of licensed armored car security officers and the businesses that employ them. Additionally, there are no local government entities acting as businesses that will be impacted. Local government entities that employ security businesses could experience an indirect fiscal cost if the security businesses they hire have greater expenses due to increased employee continuing education requirements and choose to pass those expenses on to customers. However, based on Board members' discussions with industry participants and businesses, it was determined that these increased costs, if any, would not be passed on to security business customers, especially given that security businesses retain complete discretion as to whether and how to provide any continuing education training to their employees. As a result, these proposed rule amendments are not expected to impact local government.

small businesses:

There are a total of eight licensed armored car security businesses in Utah (NAICS 561613), six of which are small businesses. These small businesses may experience an indirect fiscal cost from the additional 16 hours of continuing education training that will be required for their employees to keep active licensure. These small businesses could incur costs for additional training courses, training materials, and course completion certificates because they have traditionally provided training for their employees or covered all or part of the cost of training, even though they are not required to do so. The cost to an employer of providing or paying for a course can vary widely depending on the length of course and number of attendees, so an actual monetary amount is unable to be determined. However, an estimation of potential course costs was made by contacting a sample of employers. It was estimated that, on average, it may cost a small business approximately $50 more per year to provide and/or pay for a full in-person course of training that contains the required additional 16 hours of continuing education per two-year renewal cycle. However, it was also determined that this cost may be reduced or even eliminated because these proposed amendments may also cause some small businesses to opt to use an outside program for training, which could be more cost effective than their current practice of maintaining their own training. These costs are listed in the "Other Persons" line item below, as it is the fiscal responsibility of the individual licensee to obtain and pay for continuing education courses. As a practical matter however, many of the armored car security businesses in Utah pay for, or provide, all or some of the continuing education for their employees. As a consequence, an indirect fiscal impact is actually being experienced by the small and non-small businesses in Utah, which could move the fiscal costs out of the "Other Persons" line item to the "Small Business" and "Non-Small Business" line item. It is not possible to predict when or if such burden will be passed from the businesses to the individual licensees, and so no dollar amounts are reflected in the "Small Business" and "Non-Small Business" line items in the table.

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

There are currently 463 armored car security officers in Utah. These proposed rule changes may have an ongoing fiscal cost for these licensed security officers due to the additional 16 hours of continuing education per two-year renewal period that will be required for them to keep active licensure. As continuing education courses in this industry vary substantially in composition and cost, the fiscal impact these licensees may experience is difficult to quantify as it will depend entirely on the courses offered by various employers and by third parties, and on licensees' choices regarding which courses to take. However, an estimation of average course costs was made by contacting a sample of course providers and employers. It was estimated that average costs to course attendees, if they were required to pay for all of their training for the full additional 16 hours required by these proposed amendments, would range between $75 (for a licensee earning 16 hours by attending a 16-hour course) and $100 (for a licensee earning 16 hours by attending four four-block-hour courses at $25 each). Therefore, a licensee could experience a total cost of approximately $37.50 to $50 per year ongoing. Based on the current total of 463 armored car security officers in Utah, if it were assumed that every one of these licensees had to pay for all of their additional continuing education training, the licensees could experience a fiscal cost of approximately $20,256 ongoing (average additional fees of $43.75 annually x 463 licensees). Again, however, licensees will only incur these costs if their employers decide not to provide their own training or to cover all or any part of such costs. Furthermore, licensees who choose to instruct a course or serve on certain state or national boards may receive continuing education credit for their service, up to certain hour limits. Accordingly, the amount of this potential savings to licensees is inestimable as it will vary substantially depending on individual licensee characteristics and choices. In sum, although the Division estimates that there will be an ongoing fiscal impact to these other persons, the full net impact cannot be estimated as the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive.

Compliance costs for affected persons:

These proposed rule changes may have an ongoing fiscal cost for a licensed armored car security officer due to the additional 16 hours of continuing education that will be required per two-year renewal period for the licensee to keep active licensure. As described above for other persons, a licensee could experience a total cost between $37.50 to $50 per year ongoing. Again, however, a licensee will only incur this cost if the licensee's employer chooses not to provide the training, or to pay any of the costs associated with additional training courses, training materials, or certificates. Furthermore, if the licensee chooses to instruct a course or serve on certain state or national boards, the licensee will receive continuing education credit for such service up to certain hour limits. In sum, although the Division estimates that there will be an ongoing compliance cost for a licensed armored car security officer, the full compliance cost cannot be estimated as the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive.

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

S.B. 197, passed during the 2018 General Legislative Session, amended the Security Personnel Licensing Act (Act) with respect to the basic education and training hours required for initial licensure as an armored car security officer. The Act now requires "a minimum of eight" hours of classroom or online curriculum instead of 24 hours. In accordance with this legislative guidance, and pursuant to the review and recommendations of the Security Services Licensing Board (Board) to improve armored car security officer education and training, these proposed rule amendments modify the initial basic education and training requirements. In this regard, the initial basic education and training requirements are reduced to reflect the change in the statute. The continuing education requirements for armored car security officers are increased by these amendments from 16 hours for a two year period to 32 hours for a two year period. There are a total of eight licensed armored car security businesses in Utah (NAICS 561613), six of which are small businesses. These eight businesses may experience an indirect fiscal cost from the additional 16 hours of continuing education training that will be required for their employees to keep active licensure. There are currently 463 armored car security officers in Utah. These proposed rule changes may have an ongoing fiscal cost for these licensed security officers due to the additional 16 hours of continuing education per two-year renewal period that will be required for them to keep active licensure. It is estimated that average costs to course attendees, if they were required to pay for all of their training for the full additional 16 hours required by these proposed amendments, would range between $75 (for a licensee earning 16 hours by attending a 16-hour course) and $100 (for a licensee earning 16 hours by attending four four-block-hour courses at $25 each). Therefore, a licensee could experience a total cost of approximately $37.50 to $50 per year ongoing. Based on the current total of 463 armored car security officers in Utah, if it were assumed that every one of these licensees had to pay for all of their additional continuing education training, the licensees could experience a fiscal cost of approximately $20,256 ongoing (average additional fees of $43.75 annually x 463 licensees). These costs are listed in the "Other Persons" line item in the table below, as it is the fiscal responsibility of the individual licensees to obtain and pay for continuing education courses. As a practical matter, however, many of the of the armored car security businesses in Utah pay for, or provide, all or some of the continuing education for their employees. As a consequence, an indirect fiscal impact is actually being experienced by the small and non-small businesses in Utah, which could move the fiscal costs out of the "Other Persons" line item to the "Small Business" and "Non-Small Business" line items. It is not possible to predict when or if such burden will be passed from the businesses to the individual licensees, and so no dollar amounts are reflected in the "Small Business" and "Non-Small Business" line items in the table.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

12/17/2018

Interested persons may attend a public hearing regarding this rule:

  • 12/13/2018 09:00 AM, 160 East 300 South, Conference Room 402 (4th floor), Salt Lake City, Utah

This rule may become effective on:

12/24/2018

Authorized by:

Mark Steinagel, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$20,256

$20,256

$20,256

Total Fiscal Costs:

$20,256

$20,256

$20,256





Fiscal Benefits




State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0





Net Fiscal Benefits:

($20,256)

($20,256)

($20,256)

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses (50 or more employees)

There are a total of eight licensed armored car businesses in Utah (NAICS 561613), two of which are non-small businesses. These non-small businesses may experience an indirect fiscal cost from the additional 16 hours of continuing education training that will be required for their employees to keep active licensure. Non-small businesses could incur costs for additional training courses, training materials, and course completion certificates, because they have traditionally provided training for their employees or covered all or part of the cost of such training, even though they are not required to do so. The cost to an employer of providing or paying for a course can vary widely depending on the length of course and number of attendees, so an actual monetary amount is unable to be determined. However, an estimation of potential course costs was made by contacting a sample of employers. It was estimated that, on average, it may cost a non-small business approximately $50 more per year to provide and/or pay for a full in-person course of training that contains the required additional 16 hours of continuing education per two-year renewal cycle. However, it was also determined that this cost may be reduced or even eliminated because these proposed amendments may also cause some non-small businesses to opt to use an outside program for training, which could be more cost effective than their current practice of maintaining their own training. . These costs are listed in the "Other Persons" line item below, as it is the fiscal responsibility of the individual licensee to obtain and pay for continuing education courses. As a practical matter however, many of the armored car security businesses in Utah pay for, or provide, all or some of the continuing education for their employees. As a consequence, an indirect fiscal impact is actually being experienced by the small and non-small businesses in Utah, which could move the fiscal costs out of the "Other Persons" line item to the "Small Business" and "Non-Small Business" line item. It is not possible to predict when or if such burden will be passed from the businesses to the individual licensees, and so no dollar amounts are reflected in the "small Business" and "Non-Small Business" line items in the table.

 

Agency sign off: The head of the Department of Commerce, Francine A. Giani, has reviewed and approved this fiscal analysis.

 

 

R156. Commerce, Occupational and Professional Licensing.

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

R156-63b-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 63, as used in Title 58, Chapters 1 and 63 or this rule:

(1) "Approved basic education and training program" means a basic education and training program that:

(a) meets the standards and is approved by the Division as set forth in Section R156-63b-602; and

(b) has the content required by Section R156-63b-603.

(2) "Approved basic firearms training program" means a firearms education and training program that:

(a) meets the standards and is approved by the Division as set forth in Section R156-63b-602; and

(b) has the content required by Section R156-63b-604.

(3) "Armored car company" includes a peace officer who engages in providing security or guard services when acting in a capacity other than as an employee of the law enforcement agency by whom the peace officer is employed.

(4) "Armored car company" does not include a company which hires as employees, individuals to provide security or guard services for the purpose of protecting tangible property, currency, valuables, jewelry, SNAP benefits as defined in Section 35A-1-102, or other high value items that require secured delivery from one place to another and are owned by or under the responsibility of that company, as long as the security or guard services provided by the company do not benefit any person other than the employing company.

(5) "Authorized emergency vehicle" is as defined in Subsection 41-6a-102(3).

(6) "Compensated", as used in Subsection 58-63-302(1)(c)(viii)(A), means remuneration in the form of W-2 wages unless the qualifying agent is an owner of a contract security or armored car company, in which case "compensated" means the owner's profit distributions or dividends.

(7) "Conviction" means criminal conduct where the filing of a criminal charge has resulted in:

(a) a finding of guilt based on evidence presented to a judge or jury;

(b) a guilty plea;

(c) a plea of nolo contendere;

(d) a plea of guilty or nolo contendere which is held in abeyance pending the successful completion of probation;

(e) a pending diversion agreement; or

(f) a conviction which has been reduced pursuant to Section 76-3-402.

(8) "Corporate officer" as defined in Subsection 58-63-102(9), includes an individual who is on file with the Division of Corporations and Commercial Code as a limited liability company's company officer or "governing person" as defined in Subsection 48-3a-102(7), or as a limited partnership's "general partner" as defined in Subsection 48-23-102(8).

(9) "Employee" means an individual providing services in the armored car industry for compensation when the amount of compensation is based directly upon the armored car services provided, and upon which the employer is required under law to withhold federal and state taxes, and for whom the employer is required under law to provide worker's compensation insurance coverage and pay unemployment insurance.

(10) "Instructor" means a person who directly facilitates learning through means of live in-class lecture, group participation, practical exercise, or other means, who has fulfilled the instructor experience and training requirements set forth in Section R156-63b-602.

(11) "Qualified continuing education" means continuing education that meets the standards set forth in Subsection R156-63b-304.

(12) "Qualifying agent" means a natural person who meets all of the requirements set forth in Subsection 58-63-302(1)(c).

(13) "Soft uniform" means a business suit or a polo-type shirt with appropriate slacks. The coat or shirt has an embroidered badge or armored car company logo that clips onto or is placed over the front pocket.

(14) ["Supervised on-the-job training" means training of an armored car security officer under the supervision of a licensed armored car security officer who has been assigned to train and develop the on-the-job trainee.

(15) ]"Supervision" means general supervision as defined in Subsection R156-1-102a(4)(c).

([16]15) "Trainer" has the same meaning as "instructor".

([17]16) "Unprofessional conduct," as defined in Title 58, Chapters 1 and 63, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-63b-502.

 

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]the following continuing education requirements are established as a condition of renewal or reinstatement of licenses issued under Title 58, Chapter 63 in the classifications of armored car security officer[.]:

([2]1) An armored[Armored] car security officers shall complete [16]at least 32 hours of continuing education [every two years]during each two-year renewal cycle. A minimum of 16 hours shall be core continuing education; the remaining hours may consist of professional continuing education or core continuing education.[ consisting of education that includes:]

(a) "Core continuing education" is defined as education covering one or more of the following topics:

([a]i) company operational procedures manual;

([b]ii) applicable state laws and rules;

(iii) legal powers and limitations of private security officers;

(iv) observation and reporting techniques;

([c]v) ethics;[ and]

([d]vi) emergency techniques[.]; and

(vii) current certification in:

(A) cardiopulmonary resuscitation(CPR);

(B) automated external defibrillator (AED);

(C) first aid; or

(D) any other recognized basic life-saving certification;

(b) "Professional continuing education" is defined as education covering one or more of the following topics:

(i) executive protection;

(ii) basic self-defense;

(iii) driving techniques for the security professional;

(iv) escort techniques;

(v) crowd control;

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

(vii) use of defensive items and objects;

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

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

(x) Americans with Disabilities Act (ADA) compliance.

[(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.]

([4]2) In addition to the [required 16]32 hours of core/professional continuing education, an armored car security officer[s] shall complete [not less than]at least 16 [additional ]hours of continuing firearms education and training [every two years]during each two-year renewal cycle. [The c]Continuing firearms education and training:

(a) shall be completed in four-hour blocks every six months;

(b) [and shall]may not include any hours for the continuing education requirement in Subsection R156-63b-304(2)[. The continuing firearms education and training];

(c) shall comply with the provisions of Title 15, USC Chapter 85, the Armored Car Industry Reciprocity Act; and

(d) shall include [as a]at minimum:

([a]i) live classroom instruction concerning:

(A) [the ]restrictions in the use of deadly force; and

(B) firearms safety on duty, at home, and on the range; and

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

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

(3) Credit for continuing education shall be recognized as follows:

(a) unlimited hours 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 for continuing education provided via the Internet, if the course provider verifies registration and participation in the courses by means of an exam which demonstrates that the participant has learned the material presented;

(c) two hours for each hour of lecturing, training, or instructing a course, if it is the first time the material has been taught during the preceding 12 months, up to a maximum of 12 hours during each two-year renewal period; the type of credit received - whether core, professional, or firearms education and training - shall be based on the subject taught; and

(d) one core continuing education hour for each hour of service on the Contract Security Services Licensing Board, a state or national security board, or the Contract Security Education Advisory Peer Committee, up to a maximum of six hours during each two-year renewal period.

([6]4) Modification of Required Continuing Education Hours.

(a) A[n individual holding a current armored car security officer license in Utah] licensee who fails to complete the required four hours of continuing firearms education and training within the appropriate six-[ ]month period [will be required to]shall 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 p]Penalty hours shall not [be considered to ]satisfy in whole or in part any of the continuing firearms education and training hours required for subsequent renewal of the license.

([7]b) 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]proportionately.

(c) The Division may defer or waive continuing education requirements as provided in Section R156-1-308d.

([8]5) Each licensee shall maintain documentation showing compliance with the requirements of this section , such as certificates of completion or course handouts and materials, for a period of three years from the end of the renewal period for which the continuing education is due.

([9]b) [The]A continuing education [course ]provider shall give a participants[provide course participants,] who complete the continuing education [course, with a course completion certificate.]a completion certificate or form which contains the:

[(10) The course certificate shall contain:]

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

([b]ii) [the ]date the course was taken;

([c]iii) [the ]location where the course was taken (or type of Internet course);

([d]iv) [the ]title of the course;

([e]v) [the ]name of the [course]continuing education provider and instructor;

(vi) exam score for any exam taken; and

([f]vii) [the ]number of continuing education hours completed.

(6) The education and training programs defined in Subsections R156-63b-102(1) and (2), which are required to obtain initial licensure as an armored car security officer, may not be used to satisfy in whole or in part any of the continuing education requirements of this section.

 

R156-63b-502. Unprofessional Conduct.

"Unprofessional conduct" includes the following:

(1) making any statement that would reasonably cause another person to believe that an armored car 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 armored car security officer is connected with a federal, state, or municipal law enforcement agency;

(5) being incompetent or negligent as an armored car security officer or as an armored car company so as to cause injury to a person or create an unreasonable risk that a person might be harmed;

(6) failing as an armored car 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 armored car company's insurance policy;

(8) failing as an armored car company or an armored car security officer to report a criminal offense pursuant to Section R156-63b-612;

(9) pursuant to Subsection R156-63b-612(3), failing as an armored car company or an armored car security officer to report to the Division a violation of:

(a) any provision set forth in 18 U.S.C. Chapter 44, 922(g)1-9;

(b) Utah Code Subsection 76-10-503(1); or

(c) Utah Code Subsection 58-63-302(1)(a), (2)(c), or (3)(c);[ and]

(10) wearing a uniform, insignia, or badge, or displaying a license, that would lead a reasonable person to believe that an individual is connected with an armored car company, when not employed as an armored car security officer by an armored car company[.]; and

(11) failing as an armored car security officer to complete required continuing education hours, in violation of Section R156-63b-304.

 

R156-63b-602. Division Approval and Operating Standards - Training Program for Armored Car Security Officers.

(1) To obtain Division approval of a training program for armored car security officers, the program owner shall submit to the Division:

(a) an application in a form prescribed by the Division;

(b) a fee for the approval of the program; and

(c) a written education and training manual which includes:

(i) a course syllabus with an hourly breakdown of the course outline and training schedule;

(ii) a course curriculum;

(iii) a four-hour instructor training program;

(iv) testing tools; and

(v) if an online curriculum or multi-media learning tools are used, a copy of the original medium.

(2) If any individual or entity uses a Division-approved training program that the user does not own, the user shall submit to and maintain with the Division a current copy of the user's written contract with the program owner, which identifies the duration allowed for use. The user shall promptly update this information in writing with the Division as necessary.

(3) A course curriculum shall include the following content:

(a) for a basic education and training program, the content established in Section R156-63b-603; and

(b) for a basic firearms training program, the content established in Section R156-63b-604.

(4) All instructors teaching an approved basic education and training program shall:

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

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

(i) motivation and the learning process;

(ii) teacher preparation and teaching methods;

(iii) classroom management;

(iv) testing; and

(v) instructional evaluation.

(5) All instructors teaching an approved basic firearms training program shall have the following qualifications:

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

(b) current certification as a firearms instructor by:

(i) the National Rifle Association;

(ii) a Utah law enforcement agency;

(iii) a Federal law enforcement agency;

(iv) a branch of the United States military; or

(v) other qualification or certification determined by the Division, in collaboration with the Board, to be equivalent.

(6) When an instructor for a Division-approved training program begins providing instruction, the user of the Division-approved training program shall report the instructor's name to the Division, on a form supplied by the Division.

(7) When an instructor for a Division-approved training program ceases to instruct for that program, or no longer meets instructor requirements, the user of the Division-approved training program shall report that information and the instructor's name to the Division, on a form supplied by the Division.

(8) All approved 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 program's files for at least three years.

(9) If an approved training program provider 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.[

(10) Instructors who teach continuing education programs and are licensed armored car security officers, shall receive continuing education credit for actual preparation time for up to two times the number of hours to which participants are 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).]

 

R156-63b-603. Content of Approved Basic Education and Training Program.

In accordance with Subsection 58-63-302(4)(g), an approved basic education and training program for armored car security officers shall have at least [24]eight hours of classroom or online instruction, including:

(1) [16 hours of basic instruction, to include:

(a) ]the nature and role of private security, including an armored car security officer's:

([i]a) scope and limits of authority;

([ii]b) civil liability;

([iii]c) role in today's society;

([b]2) state laws and rules applicable to armored car security officers;

([c]3) legal responsibilities of armored car security officers, including:

([i]a) constitutional law;

([ii]b) search and seizure; and

([iii]c) other such topics;

([d]4) security ethics;

([e]5) the use of force, emphasizing the de-escalation of force and alternatives to using force;

([f]6) police and community relations, including fundamental duties and the personal appearance of an armored car security officer;

([g]7) sexual harassment in the workplace;

([h]8) driving policies and procedures, driver training and vehicle orientation;

([i]9) emergency situation response, including:

([i]a) terminal security;

([ii]b) traffic accidents;

([iii]c) robbery situations;

([iv]d) homeland security;

([v]e) reducing risk potential through street procedures and tactics;

([vi]f) securing robbery scenes;[ and]

([vii]g) dealing with the media; [ and]

([j]10) armored operations, including:

([i]a) proper paperwork;

([ii]b) street control procedures;

([iii]c) vehicle transfers;

([iv]d) vault procedures;[ and]

([v]e) other proper branch procedures; and[.

(2) Eight hours of elective coursework determined by the instructor, which may include:

(a) current certification in:

(i) cardiopulmonary resuscitation (CPR);

(ii) automated external defibrillator (AED);

(iii) first aid; or

(iv) any other recognized basic life-saving certification;

(b) introduction to executive protection;

(c) basic self-defense;

(d) escort techniques;

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

(f) use of defensive items and objects;

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

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

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

(j) prior training, as evidenced by third-party documentation, which may be accepted at the trainer's discretion to count towards the eight hours of elective training.]

([3]11) A final examination that:

(a) competently examines the student on the subjects included in the [16]eight hours of basic classroom instruction; and

(b) mandates a minimum pass score of 80%.

 

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

Date of Enactment or Last Substantive Amendment: [December 11, 2017]2018

Notice of Continuation: May 15, 2018

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


Additional Information

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/2018/b20181115.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.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

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 janajohansen@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.