No. 31700: R156-63a. Security Personnel Licensing Act Contract Security Rule

DAR File No.: 31700
Filed: 09/11/2008, 07:40
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

After a public hearing and further Division and Board review, a change is being made in Section R156-63a-606 with respect to security badges.

Summary of the rule or change:

In Section R156-63a-606 with respect to security badges, the requirement that a security badge contain the name of the contract security company and a number is being deleted. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the August 1, 2008, issue of the Utah State Bulletin, on page 12. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Section 58-63-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

No additional costs or savings are anticipated beyond those previously identified in the original proposed rule filing.

local governments:

This change in proposed rule does not apply to local governments; therefore, no costs or savings are anticipated. This proposed rule only applies to licensed unarmed private security officers, armed private security officers, contract security companies, and applicants for licensure in this classifications.

small businesses and persons other than businesses:

This change in proposed rule only applies to licensed unarmed private security officers, armed private security officers, contract security companies, and applicants for licensure in this classifications, which some may qualify as a "small business". The Division anticipates a savings to contract security companies, which may be qualified as a small business, of approximately $60 per badge ordered for each security officer due to the fact that the name of the contact security company and a number will no longer be required. The Division is unable to determine how many badges a contract security company may order in a year.

Compliance costs for affected persons:

No additional compliance costs are anticipated as a result of this change in proposed rule beyond those previously identified in the original proposed rule filing. Only savings are anticipated to contract security companies as a result of this additional amendment as identified above.

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

This rule change removes a requirement regarding the badges worn by private security officers that was inadvertently entered in the last rule filing (the requirement that the badge have the name of the contract security company and a number). No fiscal impact to businesses is anticipated from this change. 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:

Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

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:

10/31/2008

This rule may become effective on:

11/07/2008

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

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

 

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R156-63a-606. Operating Standards - Badges.

(1) At the contract security company's request, an unarmed or armed private security officer may, while in uniform and while on duty, wear a shield inscribed with [the name of the contract security company, a number and ]the words "Security," or "Security Officer". The shield shall not contain the words "State of Utah" or the seal of the state of Utah.

(2) The use of a star badge with any number of points on a uniform, in writing, advertising, letterhead, or other written communication is prohibited.

 

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KEY: licensing, security guards, private security officers

Date of Enactment or Last Substantive Amendment: 2008

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