No. 42222 (Amendment): Rule R156-63a. Security Personnel Licensing Act Contract Security Rule

(Amendment)

DAR File No.: 42222
Filed: 10/16/2017 12:11:22 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This filing makes conforming changes to the rule as required by H.B. 425, passed during the 2017 General Session, which defined certain terms and modified qualifying agent requirements. This filing also implements changes deemed necessary or desirable after review of the rule by the Division of Occupational and Professional Licensing (Division) and the Security Services Licensing Board, in particular to address Security Services Licensing Board and Utah Peace Officers Association concerns regarding on-duty firearm discharges. Specifically, this filing: 1) further defines and clarifies certain terms and operating standards; 2) specifies the credentials required for the Security Education Advisory Committee's member-trainer position; 3) clarifies the training program requirements for armed and unarmed private security officers; 4) addresses the Security Services Licensing Board and Utah Peace Officers Association concerns regarding on-duty firearm discharges by detailing reporting procedures for an on-duty firearm discharge; and 5) makes formatting changes throughout for clarity, and corrects minor typographical errors.

Summary of the rule or change:

In Section R156-63a-102, the definitions of "approved basic education and training program", "approved basic firearms training program", and "instructor" are clarified, and the term "trainer" is defined to have the same meaning as "instructor". The definitions of "corporate officer" and "qualifying agent" are further defined and clarified in accordance with the Security Personnel Licensing Act, as amended by H.B. 425 (2017), to ensure consistency and proper enforcement of the rule. Formatting changes are also made throughout for clarification. In Section R156-63a-201, the proposed amendments specify the credentials required for the person who fills the Education Advisory Committee's member-trainer position. The member who is a trainer must be, in order of preference: 1) a member of the Utah Peace Officers Association; 2) a qualifying agent of a licensed security company that is in good standing with the Division; or 3) a member of a security association that is in good standing with the Utah Division of Corporations. Formatting changes are also made throughout for clarification. In Section R156-63a-302a, the proposed amendments update the terms used to refer to the persons from whom a fingerprint card is required, and make formatting changes for clarification. In Section R156-63a-302b, the proposed amendments update the terms used to refer to training programs, and make formatting changes for clarification. In Section R156-63a-302c, the proposed amendments update the references to the Utah Contract Security Company Qualifying Agent Examination and to the approved basic education and training program. In Section R156-63a-302e, the proposed amendments make formatting changes for clarification. In Section R156-63a-302f, the proposed amendments make formatting changes for clarification, and update the terms used to refer to those who participate in ownership or operation of a contract security company, such as a "corporate officer", in accordance with the Security Personnel Licensing Act as amended by H.B. 425 (2017). In Section R156-63a-302g, the proposed amendments make formatting changes for clarification. In Section R156-63a-601, the proposed amendments make formatting changes for clarification. In Section R156-63a-602, the proposed amendments: 1) clarify the materials needed for a training program to be reviewed and approved by the Division; 2) put the responsibility for reporting qualified instructors on the individual or entity using the instructor; and 3) make formatting changes throughout for clarification. In Section R156-63a-603, the proposed amendments make formatting changes for clarification. In Section R156-63a-604, the proposed amendments make formatting changes for clarification. In Section R156-63a-607, the proposed amendments update the terms used to refer to those persons who should not participate in ownership or operation of a contract security company, in conformance with the requirements of the Security Personnel Licensing Act. Formatting changes are made for clarification. In Section R156-63a-611, the proposed amendments add "hazardous chemical release" to the list of topics required in a contract security company's operational procedures manual. In Section R156-63a-613, these proposed amendments make formatting changes for clarification. In addition, the proposed new Subsection R156-63a-613(2) was considered and recommended by the Security Services Licensing Board and security associations, to implement the following reporting procedures for an on-duty discharge of a firearm by a licensed armed private security officer: 1) the licensee is required to report the discharge within 24 hours to the licensee's employer (or if none, to the Division); 2) an employer is required to give the Division written notice of the discharge within 72 hours of being notified or becoming aware of a firearm discharge; and 3) the qualifying agent over the licensee, is required to appear before the Security Services Licensing Board. Formatting changes are also made throughout for clarification.

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The Division will incur a minimal cost of approximately $75 to print and distribute the rule once the proposed amendments are made effective. The proposed amendments to Section R156-63a-602, which clarify materials needed for training program approval by the Division, and put the responsibility for reporting qualified instructors on those using the instructor, will likely result in some savings to the Division due to the streamlining of the approval process. The current rule requires the Division to verify that each applicant has a current trainer with an outside source. This requires approximately 5 minutes per review, and there are approximately 1,800 such applicants in each reporting period. This results in approximately 150 staff hours to process requested approvals. At an average staff rate of $24 per hour, based on an estimated $15 per hour office specialist I wage and the cost of employment taxes and benefits, these changes are expected to result in an ongoing savings to the Division of $4,050 each year.

local governments:

Review of the amendments to this rule confirms that none of these changes will result in any additional cost or savings to local governments. The proposed amendments apply only to: the Security Education Committee and its members; to owners, operators, and users of security personnel training programs; and to licensed Contract Security Officers and applicants for licensure in that classification. Nor will local governments be indirectly impacted because none of the amendments create a situation requiring services from local governments. As a result, the Division estimates that there will be no fiscal impact on local governments.

small businesses:

In Section R156-63a-201, these proposed amendments apply only to the Security Education Committee and its members. As a result, the Division estimates that they will have no impact on small businesses. In Section R156-63a-602, these proposed amendments may minimally impact small businesses that either own, operate, or use security personnel training programs. The clarifications regarding the materials needed for program review and approval by the Division may cause small businesses seeking such approval to incur some cost corresponding to the time required to gather and organize the required materials. With an estimated time expenditure of 2 hours at a rate of $100 per hour, a small business may incur a one-time impact of $200 if they choose to have their own training program approved for use. It is estimated that there are 30 small businesses in the security industry that could be impacted by this change. However, any such cost will likely be offset by the streamlining of the approval process for these businesses. Outlining the required material for a program review will eliminate the need for the small business to return repeatedly before the review committee due to missing information. Further, many small businesses use a third-party program that has already received approval and will not be subject to a program review, negating this cost. The changes that put the responsibility for reporting qualified instructors on the individual or entity using the instructor may save businesses/associations that own a training program some costs corresponding to the time that they will now no longer need to spend making these reports; however, there will be a proportionate and offsetting increase in time and cost to the small businesses using the training programs. Accordingly, although these changes will result in better reporting to the Division regarding program instructors, no material change in costs or savings is expected for small businesses in the aggregate. In sum, after conducting a thorough analysis, the Division has determined that none of these amendments will result in a measurable fiscal impact to small businesses. In Section R156-63a-611, the proposed amendment adding "hazardous chemical release" as a required topic to a contract security company's operational procedures manual could potentially minimally impact small businesses due to the need to research this topic and update their materials. However, the Division expects that most if not all small businesses already cover this topic in their training and/or operational procedures manual, due to ongoing continuing education and the education of new employees. Accordingly, this change is primarily a codification of existing industry practice. Further, this topic can so easily be added to manuals that the consensus from those in the industry is that the cost will be insignificant. Accordingly, the Division has determined that this amendment will not result in a measurable fiscal impact to small businesses. In Section R156-63a-613, these proposed amendments may impact small business security companies that employee a licensee involved in an on-duty discharge of a firearm. There may be some loss of income proportionate to the time required to make the required reports and the time required for the mandatory appearances by the qualifying agent before the Security Services Licensing Board. A historical review by the Division and discussions with businesses in the industry indicates that this type of incident could potentially occur 3 times per year across the industry as a whole. An incident may result in an estimated total one-time cost of $120 to a business that employs a licensee involved in an on-duty discharge of a firearm. Cost determined based upon an average estimated $20 per hour wage for the qualifying agent, with a 5-hour time commitment for each for Board meeting attendance, and a 1-hour time commitment for each spent in making reports. In the aggregate across the industry, the total ongoing cost is expected to be $360 per year. However, the impact of such costs cannot and should not be scaled to all small business security companies, as these costs will never affect the overwhelming majority of small businesses whose employees will never be subject to these measures. Stated another way, the nature of the incident addressed in this amended rule is such that the impact of the corresponding costs will never be uniformly felt across the industry. Furthermore, based on the Division's historical review, a business with an employee involved in an on-duty discharge of a firearm is extremely unlikely to experience such an incident in succeeding years. In short, after conducting a thorough analysis, the Division has determined that the scope of these proposed amendments is so narrow that they will not affect the vast majority of small businesses, and will not result in a measurable fiscal impact to small business. All of the other proposed amendments only make formatting changes and add clarification to practices that should already be taking place in the industry. As a result, the Division estimates that they will have no impact on small businesses.

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

In Section R156-63a-201, these proposed amendments apply only to the Security Education Committee and its members. As a result, the Division estimates that they will have no impact on other persons. In Section R156-63a-602, these proposed amendments may minimally impact large businesses and any individuals that either own, operate, or use security personnel training programs. First, similar to the impact on small businesses, the clarifications regarding the materials needed for program review and approval by the Division may cause a large business or an individual seeking such approval to incur some cost corresponding to the time required to gather and organize the required materials, but this cost is expected to be offset by the streamlining of the approval process. Accordingly, the overall fiscal impact is expected to be negligible. Second, also similar to the impact on small business, the changes that put the responsibility for reporting qualified instructors on the individual or entity using the instructor will save other persons who are owners of a training program some costs proportionate to the time that they would have spent making these reports, while a corresponding increase in time required for reporting may cause some small increase in costs for other persons who are training program users. Again, although these changes are expected to result in better reporting to the Division regarding program instructors, in the aggregate no material change in costs or savings is expected for other persons in the aggregate. In sum, after conducting a thorough analysis, the Division has determined that the scope of these proposed amendments is so narrow that they will not affect the vast majority of small businesses, and will not result in a measurable fiscal impact to small businesses. In Section R156-63a-611, the proposed amendment adding "hazardous chemical release" as a required topic to a contract security company's operational procedures manual may minimally impact a large contract security business due to the need to research this topic and update their materials. However, the Division expects that most if not all such businesses, due to ongoing continuing education and the education of new employees, already cover this topic in their training and/or operational procedures manual. Accordingly, this change is primarily a codification of existing industry practice. Further, this topic can so easily be added to manuals that the consensus from those in the industry is that the cost will be insignificant. Accordingly, the Division has determined that this amendment will not result in a measurable fiscal impact to these other persons. In Section R156-63a-613, first, these proposed amendments may impact large businesses that employ a licensee involved in an on-duty discharge of a firearm. There may be some loss of income proportionate to the time required to be spent in making the required reports and the time required for the mandatory appearance by the qualifying agent before the Security Services Licensing Board. Again, a historical review by the Division and discussions with businesses in the industry indicates that this type of incident could potentially occur 3 times per year in the industry as a whole, resulting in an estimated ongoing cost across the industry of $360 per year. However, again, the impact of such costs cannot and should not be scaled to all large business security companies. The nature of the incident is such that the impact of the corresponding costs will never be uniformly felt across the industry; furthermore, based on the Division's historical review a business with an employee involved in an on-duty discharge of a firearm is extremely unlikely to experience such an incident in succeeding years. Therefore, after conducting a thorough analysis the Division has determined that the scope of these proposed amendments is so narrow that they will not affect the vast majority of large businesses, and will not result in a measurable fiscal impact to these other persons. Second, as described above, a qualifying agent over a licensee involved in an on-duty firearm discharge may also be subject to a potential loss of income corresponding to the time spent assisting with reports and appearing before the Security Services Licensing Board. However, those in the industry anticipate that a qualifying agent will almost certainly be compensated at regular rates for the qualifying agent's time in such a matter; accordingly, no fiscal impact is anticipated to qualifying agents from these amendments. All of the other proposed amendments only make formatting changes and add clarification to practices that should already be taking place in the industry. As a result, the Division estimates that they will have no impact on other persons.

Compliance costs for affected persons:

In Section R156-63a-602, the changes to this section may minimally impact an individual that owns, operates, or uses security personnel training programs. The clarifications regarding the materials needed for program review and approval by the Division may cause an individual seeking such approval to incur some cost corresponding to the time required to gather and organize the required materials, though this cost will likely be offset by the streamlining of the approval process. With an estimated time expenditure of 2 hours at a rate of $100 per hour, an individual may incur a one-time impact of $200 if they choose to have their own training program approved for use. But any such cost will likely be offset by the streamlining of the approval process for these businesses. Outlining the required material for a program review will eliminate the need for the individual having to return repeatedly before the review committee due to missing information. Further, many individuals use a third-party program that has already received approval and will not be subject to a program review, negating this cost. The changes that put the responsibility for reporting qualified instructors on the individual using the instructor may cause some small increase in costs for an individual user, corresponding to the time required to make such reports. The Division is not able to determine any exact amount of cost due to varying circumstances. In Section R156-63a-613, as described above, the changes to this section may impact a qualifying agent over a licensee involved in an on-duty firearm discharge, potentially causing a loss of income of approximately $120 per incident. This corresponds to the estimated time required to be spent by the qualifying agent in making the required report and appearing before the Security Services Licensing Board, at an average wage of $20 per hour, with an average Board meeting length of 5 hours and an hour spent in reporting. But this loss would only occur if the qualifying agent is not paid for his or her time. An individual qualifying agent over a licensee involved in an on-duty firearm discharge is unlikely to be impacted by a loss of income for time spent, because a qualifying agent will almost certainly be paid for his or her time. However, the exact amount of time spent and resultant cost to these affected persons is impossible to measure because it will vary significantly from individual to individual, as well as from incident to incident. The remaining proposed amendments apply only to the Security Education Committee and its members, or make formatting changes and clarify practices that should already be taking place in the industry. As a result, the Division estimates that they will have no impact on individual persons.

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

In accordance with changes made by H.B. 425 (2017), which defined certain terms, modified qualifying agent requirements, and made changes deemed necessary or desirable by the Division and the Security Services Licensing Board regarding on-duty firearm discharges, amendments are proposed for Rule R156-63a. Specifically, these rule amendments: 1) further refine and clarify certain terms and operating standards; 2) specify the credentials required for the Security Education Advisory Committee's member-trainer position; 3) clarify the training program requirements for armed and unarmed private security officers; 4) address the Security Services Licensing Board and Utah Peace Officers Association concerns regarding on-duty firearm discharge by detailing reporting procedures for an on-duty firearm discharge, and 5) make formatting changes throughout for clarity and correct minor typographical errors. No non-fiscal impacts are anticipated. Only the changes related to reporting procedures for an on-duty firearm discharge are expected to have a fiscal impact to small businesses. The other changes have little or no fiscal impact. In the case of changes addressed in item 2) above, such changes only affect members of the Security Education Advisory Committee, and do not affect small businesses as a whole. In the case of changes in item 3) above, it is estimated that approximately 30 small businesses will have a one-time impact of $200. Further, many small businesses impacted by this rule change already choose to have their training program conducted by a third-party provider and will not experience a fiscal impact. A historical review by the Division indicates that on-duty discharges of a firearm by small business security services businesses occurs three times per year across the industry as a whole. The impact of such costs would not be scaled to all small business security services companies, as these costs will never affect the overwhelming majority of small businesses whose employees will not be subject to these measures.

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 [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:

12/01/2017

Interested persons may attend a public hearing regarding this rule:

• 11/16/2017 11:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464, Salt Lake City, UT

This rule may become effective on:

12/08/2017

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

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

R156-63a-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[s]" means a basic education and training program that:

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

(b) has the content required by Section R156-63a-603[that is approved by the Division].

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

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

(b) has the content required by Section R156-63a-604[that is approved by the Division].

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

(4) "Contract security 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 [he]the peace officer is employed.

(5) "Contract security company" does not include a company which hires as employees, individuals to provide security or guard services for the purpose of protecting tangible personal property, real property, or the life and well -[ ]being of personnel employed by, or animals 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.

(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 48-2e-102(8).

([8]9) "Employee" means an individual providing services in the security guard industry for compensation , when the amount of compensation is based directly upon the security guard 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 R156-63a-602.

[(9) "Officer" as used in Subsections 58-63-201(1)(a) and R156-63a-302a(1)(b) means a manager, director, or administrator of a contract security company.]

([10]11) "Qualified continuing education" means continuing education that meets the standards set forth in Subsection R156-63a-304.

([11]12) "Qualifying agent" means a natural person who meets all of the requirements set forth in Subsection 58-63-302(1)(c)[an individual who is an officer, director, partner, proprietor or manager of a contract security company who exercises material authority in the conduct of the contract security company's business by making substantive technical and administrative decisions relating to the work performed for which a license is required under this chapter and who is not involved in any other employment or activity which conflicts with his duties and responsibilities to ensure the licensee's performance of work regulated under this chapter does not jeopardize the public health, safety, and welfare].

([12]13) "Soft uniform" means a business suit or a polo-type shirt with appropriate slacks. The coat or shirt has an embroidered badge or contract security company logo that clips on to or is placed over the front pocket.

([13]14) "Supervised on-the-job training" means training of an armed or unarmed private security officer under the supervision of a licensed private security officer who has been assigned to train and develop the on-the-job trainee.

([14]15) "Supervision" means general supervision as defined in Subsection R156-1-102a(4)(c).

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

([15]17) "Unprofessional conduct," as defined in Title 58, Chapters 1 and 63, is further defined, in accordance with Subsection 58-1-203(1)([c]e), in Section R156-63a-502.

 

R156-63a-201. Advisory Peer Committee created - Membership - Duties.

(1) There is created in accordance with Subsection 58-1-203(1)(f), the Education Advisory Committee to the Security Services Licensing Board , consisting of:

(a) one member who is a[n] corporate officer, director, manager or trainer of a contract security company;

(b) one member who is a[n] corporate officer, director, manager or trainer of an armored car company;

(c) one member who is an armored car security officer or a contract security officer;

(d) one member representing the general public; and

(e) one member who is a trainer, and who is also, in order of preference:[associated with the Utah Peace Officers Association.]

(i) a member of the Utah Peace Officers Association;

(ii) a qualifying agent of a licensed security company that is in good standing with the Division; or

(iii) a member of a security association that is in good standing wit the Utah Division of Corporations.

(2) The Education Advisory Committee shall be appointed and serve in accordance with Section R156-1-205. The duties and responsibilities of the Education Advisory Committee shall include assisting the Division in collaboration with the Board in their duties, functions, and responsibilities regarding the acceptability of educational programs, requesting approval s from the Division, and periodically reviewing all approved basic education and training programs and approved basic firearms training programs regarding current curriculum requirements.

(3) The Education Advisory Committee shall consider, when advising the Board of the acceptability of an education[al] and training program[, the following]:

(a) whether [the educational program meets the]in keeping with Subsections R15663a-102(1) and (2), or Subsections R156-63b-102(1) and (2), a proposed basic education and training program meets:

(i) the operating standards of Sections R156-63a-602 or R156-63b-602; and

(ii) the content requirements of Sections R156-63a-603 [and]or R156-63b-603; and

(b) whether [the educational program meets the ]a proposed basic firearms training program meets:

(i) the operating standards of Sections R156-63a-602 or R156-63b-602; and

(ii) the content requirements of Sections R156-63a-604 [and]or R156-63b-604.

 

R156-63a-302a. Qualifications for Licensure - Application Requirements.

(1) An application for licensure as a contract security company shall be accompanied by:

(a) [a certification of criminal record history for the applicant's qualifying agent issued by the Bureau of Criminal Identification, Utah Department of Public Safety, in accordance with the provisions of Subsection 53-10-108(1)(f)(ii);

(b) ]two fingerprint cards for each of the applicant's:

(i) qualifying agent;[, and all of the applicant's ]

(ii) corporate officers[,];

(iii) directors[,];

(iv) equity holders or shareholders owning more than 5% of the equity or outstanding shares; [stock,]

(v) partners[,];

(vi) proprietors[,]; and

(vii) responsible management personnel; and

([c]b) a fee established in accordance with Section 63J-1-504 equal to the cost of conducting a check of records of the Federal Bureau of Investigation, and the Bureau of Criminal Identification, Utah Department of Public Safety, for each of the persons required to provide a fingerprint card under Subsection (1)(a) above[applicant's qualifying agent, officers, directors, shareholders owning more than 5% of the stock, partners, proprietors, and responsible management personnel].

(2) An application for licensure as an armed or unarmed private security officer shall be accompanied by:

(a) [a certification of criminal record history for the applicant issued by the Bureau of Criminal Identification, Utah Department of Public Safety, in accordance with the provisions of Subsection 53-10-108(1)(f)(ii);

(b) ]two fingerprint cards for the applicant; and

([c]b) a fee established in accordance with Section 63J-1-504 equal to the cost of conducting a check of records for the applicant with[of]:

(i) the Federal Bureau of Investigation[for the applicant]; and

(ii) the Bureau of Criminal Identification of the Utah Department of Public Safety.

(3) Applications for change in licensure classification from unarmed to armed private security officer shall only require the following additional documentation:

(a) [the required]successful completion of an approved basic firearms training program[pursuant to Section 58-63-604]; and

(b) an additional criminal history background check pursuant to Section 58-63-302 and Subsection[s] R156-63a-302a(2).

 

R156-63a-302b. Qualifications for Licensure - Basic Education and Training Requirements.

(1) In accordance with Subsections 58-1-203(1)(b) , 58-63-302(2)(g), and 58-63-302(2)(h), an [and 58-1-301(3), the basic education and training requirements for licensure in Section 58-63-302 are defined, clarified, or established herein.

(1) An ]applicant for licensure as an armed private security officer shall successfully complete :

(a) an approved basic education and training program, as defined in Subsection R156-63a-102(1); and

(b) an approved basic firearms training program, as defined in Subsection R156-63a-102(2)[a firearms training program approved by the Division, the content of which is set forth in Sections R156-63a-603 and R156-63a-604].

(2) [An]In accordance with Subsections 58-1-203(1)(b) and 58-63-302(3)(f), an applicant for licensure as an unarmed private security officer shall successfully complete a n approved basic education and training program , as defined in Subsection R156-63a-102(1) [approved by the Division, the content of which is set forth in Section R156-63a-603].

 

R156-63a-302c. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-1-203(1)(b) and 58-1-301(3), the examination requirements for licensure in Section 58-63-302 are defined, clarified, or established herein.

(1) The qualifying agent for an applicant who is a contract security company shall obtain a passing score of at least 75% on the Utah Contract Security [Personnel]Company Qualifying Agent['s] Examination.

(2) An applicant for licensure as an armed private security officer or an unarmed private security officer shall obtain a score of at least 80% on the approved basic education and training program's final examination[approved by the Division and administered by each provider of basic education and training].

 

R156-63a-302e. Qualifications for Licensure - Age Requirement for Armed Private Security Officer.

In accordance with Subsections 76-10-509(1) and 76-10-509.4, an[An] armed private security officer must be 18 years of age or older at the time of submitting an application for licensure[in accordance with Subsections 76-10-509(1) and 76-10-509.4].

 

R156-63a-302f. Qualifications for Licensure - Good Moral Character - Disqualifying Convictions.

(1) In accordance with Subsections 58-63-302(1)(h), (2)(c), and (3)(c), 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 [that ]may disqualify an applicant or licensee[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;

(c) larceny;

(d) sex offenses as defined in Title 76, Chapter 5, Part 4;

(e) any offense involving a controlled [dangerous ]substance[s]as defined in Subsection 58-37-2(1)(f);

(f) fraud;

(g) extortion;

(h) treason;

(i) forgery;

(j) arson;

(k) kidnapping;

(l) perjury;

(m) conspiracy to commit any of the offenses listed herein;

(n) hijacking;

(o) burglary;

(p) escape from jail, prison, or custody;

(q) false or bogus checks;

(r) terrorist activities;

(s) desertion;

(t) pornography;

(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.

(2) An applicant [for]may not obtain initial licensure or license renewal as an armed private security officer or as a contract security company providing armed private security services, and the license of an armed private security officer or of a contract security company providing armed private security services shall be automatically revoked, if the applicant or licensee is in violation of any provision set forth in[may not be licensed if the applicant is in violation of]:

(a) [any provision set forth in ]18 U.S.C. Chapter 44, 922(g)1-9 , concerning restrictions on firearms and ammunition transportation by certain persons; or

(b) Utah Code S[ubs]ection 76-10-503[(1)], concerning restrictions on possession, purchase, transfer, or ownership of dangerous weapons by certain persons[; or

(c) Utah Code Subsections 58-63-302(1)(a), (2)(c), or (3)(c)].

(3)[(a)] In accordance with Subsection 58-63-302(1), if[Where] the applicant or licensee is a contract security company, the background of the following individuals shall be considered:

([i]a) corporate officer[s];

([ii]b) director[s];[and]

([iii]c) any shareholder[s] owning[with] 5% or more of the outstanding stock of the company as described in Subsection 58-63-302(1)(d)(ii);

(d) partner;

(e) proprietor;

(f) qualifying agent; and

(g) management personnel employed within Utah or having direct responsibility for managing operations of the company within Utah.

([b]4) Criminal history and statutory violations that do not automatically disqualify an applicant under statute or rule shall be considered on a case-by-case basis [as defined ]in accordance with Section R156-1-302.[

(4) An armed private security license shall be automatically revoked if the licensee is in 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 Subsections 58-63-302(1)(a), (2)(c), or (3)(c).]

 

R156-63a-302g. Qualifications for Licensure - Immediate Issuance of an Interim Permit.

In accordance with S[ubs]ection 58-63-310, upon receipt of a complete application for licensure as an unarmed private security officer or as an armed private security officer, the Division may immediately issue an interim permit to the applicant , if the applicant[meets the following criteria]:

(1)(a) [the applicant ]submits with the applicant's application an official criminal history report from the Bureau of Criminal Identification, Utah Department of Public Safety, showing "No Criminal Record Found";

(b) [the applicant ]has not answered "yes" to any question on the qualifying questionnaire section of the application; and

(c) [the applicant ]has not had a license to practice an occupation or profession denied, revoked, suspended, restricted, or placed on probation.

(2) If an applicant's application is denied, an interim permit issued under this section shall automatically expire.

 

R156-63a-601. Operating Standards - Firearms.

(1) An armed private security officer shall carry only that firearm with which the officer[he] has passed an approved basic [a ]firearms training program[qualification course as defined in Section R156-63a-604].

(2) Shotguns and rifles[,] owned and issued by the contract security company, may be used in situations where they would constitute an appropriate defense for the armed private security officer, if[and where] the officer has successfully completed an [appropriate qualification course]approved basic firearms training program in their use.

(3) An armed private security officer shall not carry a firearm except when acting on official duty as an employee of a contract security company, unless the licensee is otherwise qualified under the laws of the state to carry a firearm.

 

R156-63a-602. Division Approval and Operating Standards - [ Approved Basic Education and ]Training Programs for Armed and Unarmed Private Security Officers.

[To be designated by the Division as an approved basic education and training program for armed private security officers and unarmed private security officers, the applicant for program approval shall meet the following standards:

(1) The applicant shall pay a fee for the approval of the education program.

(2) The training method is documented in a written education and training manual which includes training performance objectives and a four hour instructor training program.

(3) The program curriculum for armed private security officers includes content as established in Sections R156-63a-603 and R156-63a-604.

(4) The program for unarmed private security officers includes content as established in Section R156-63a-603.

(5) An instructor is a person who directly facilitates learning through means of live in-class lecture, group participation, practical exercise, or other means. All instructors providing the basic classroom instruction shall:](1) To obtain Division approval of any training program for armed private security officers and unarmed private 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 an approved basic education and 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 for armed private security officers shall include the content established in Sections R156-63a-603 and R156-63a-604.

(4) A course curriculum for unarmed private security officers shall include the content established in Section R156-63a-603.

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

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

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

(i) motivation and the learning process;

(ii) teacher preparation and teaching methods;

(iii) classroom management;

(iv) testing; and

(v) instructional evaluation.

(6) All instructors [providing]teaching an approved basic firearms training program shall have the following qualifications:

(a) current Peace Officers Standards and Training firearms instructor[s] 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 found by the Division, in collaboration with the Board, to be equivalent.

(7) 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.

(8) 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.

([7]9) All approved [basic education and ]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 [of the education and training program ]for at least three years.

([8]10) If an approved training program[In the event an approved] provider of basic education and training 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.

([9]11) Instructors[,] who teach[present] continuing education programs[hours] and are licensed armed or unarmed private security officers, shall receive continuing education credit for actual preparation time for up to two times the number of hours to which participants [would be]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).

 

R156-63a-603. [ Operating Standards - ]Content of Approved Basic Education and Training Program for Armed and Unarmed Private Security Officers.

[(1) An]In accordance with Subsections 58-63-302(2)(g) and 58-63-302(3)(f), an approved basic education and training program for armed and unarmed private security officers shall have at least 24 hours of classroom or online instruction, including:

([a]1) 16 hours of basic [classroom ]instruction, to include[in which there is a direct student-teacher relationship that includes all of the following]:

([i]a) the nature and role of private security, including a private security officer's:

([A]i) [the]scope and limits of [a private security officer's] authority;

([B]ii) [the scope of authority of a private security officer;

(C) the ]civil liability[of a private security officer]; and

([D]iii) [the private security officer's ]role in today's society;

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

([iii]c) the legal responsibilities of private security, including:

([A]i) constitutional law;

([B]ii) search and seizure; and

([C]iii) other such topics;

([iv]d) situational response evaluations, including:

([A]i) protecting and securing crime or accident scenes;

([B]ii) notifying [of ]internal and external agencies; and

([C]iii) controlling information;

([v]e) security ethics;

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

([vii]g) documentation and report writing, including:

([A]i) preparing witness statements;

([B]ii) performing log maintenance;

([C]iii) exercising control of information;

([D]iv) taking field notes;

([E]v) organizing information into a report; and

([F]v) performing basic writing;

([viii]h) patrol techniques, including:

([A]i) mobile patrol [verses]versus fixed post;

([B]ii) accident prevention;

([C]iii) responding to calls and alarms;

([D]iv) security [breeches]breaches; and

([E]v) monitoring potential safety hazards;

(i[x]) police and community relations, including fundamental duties and personal appearance of security officers;

([x]j) sexual harassment in the work[ ]place; and

([b]2) eight hours of elective course[ ]work [as ]determined by the instructor, which [that ]may include:

([i]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;

([ii]b) introduction to executive protection;

([iii]c) basic self-defense;

([iv]d) driving techniques for the security professional;

([v]e) escort techniques;

([vi]f) crowd control;

([vii]g) access control and the use of electronic detection devices;

([viii]h) introduction to security's [rose]role with closed-circuit television systems;

(i[x]) use of defensive items and objects;

([x]j) management of aggressive behavior, use of force, de-escalation techniques;

([xi]k) homeland security involving bomb threats and anti-terrorism;

([xii]l) Americans with Disabilities Act (ADA) compliance; and

([xiii]m) 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; and

([c]3) a final examination that:

([i]a) competently examines the student on the subjects included in the 16 hours of basic [classroom ]instruction[in the approved program of education and training]; and

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

 

R156-63a-604. [ Operating Standards - ]Content of Approved Basic Firearms Training Program for Armed Private Security Officers.

In accordance with Subsection 58-63-302(2)(h), an[An] approved basic firearms training program for armed private security officers shall have the following components:

(1) at least six hours of classroom firearms instruction to include the following:

(a) the firearm and its ammunition;

(b) [the ]care and cleaning of the [weapon]firearm;

(c) the prohibition against alterations of the firearm's firing mechanism;

(d) firearm inspection review procedures;

(e) firearm safety on duty;

(f) firearm safety at home;

(g) firearm safety on the range;

(h) legal and ethical restraints on firearms use;

(i) explanation and discussion of target environment;

(j) stop failure drills;

(k) explanation and discussion of stance, draw stroke, cover and concealment , and other firearm fundamentals;

(l) armed patrol techniques;

(m) use of deadly force under Utah law and the provisions of Title 76, Chapter 2, Part 4, and a discussion of 18 USC 44 Section 922; and

(n) [the ]instruction that an armed private security officer[s] shall not fire [their]the officer's weapon unless there is an [eminent]imminent threat to life, and at no time shall the weapon be drawn as a threat or means to force compliance with any verbal directive not involving [eminent]imminent threat to life;

(2) a final examination that demonstrates the competency of the participant on the subjects included in the six hours of classroom firearms instruction, with a passing score requirement of 80%; and

(3) at least six hours of firearms range instruction to include the following:

(a) basic firearms fundamentals and marksmanship;

(b) demonstration and explanation of the difference between sight picture, sight alignment , and trigger control; and

(c) a recognized practical pistol course on which the applicant achieves a minimum score of 80% using regular and low light conditions.

 

R156-63a-607. Operating Standards - Notification and Prohibition of Criminal Status of Contract Security Company Corporate Officer, [ Qualifying Agent, ]Director, Partner, Proprietor, Qualifying Agent, Private Security Officer, [ or ]Manager, or Shareholder [ of Contract Security Companies ].

(1) In accordance with Subsections 58-63-302(1)(h), 58-63-302(2)(d) and (d), 58-63-302(3)(c), and Section R156-63a-302f, this section applies to any contract security company:

(a) corporate[This subsection applies to any] officer ;[, qualifying agent,]

(b) director[,];

(c) partner[,];

(d) proprietor[,];

(e) qualifying agent;

(f) private security officer[, or any];

(g) management personnel employed within Utah having direct responsibility for managing operations of a contract security company within Utah; and

(h) shareholder owning 5% or more as described in Subsection 58-63-302(1)(d)(ii).

(2) A person identified in [this ]Subsection (1) [may]shall not participate at any level or capacity in the management, operations, sales, [ownership, ]or employment of a contract security company, and shall not own any part of a contract security company (except less than 5% under Subsection 58-63-302(1)(d)(ii), if the person fails to meet a licensing requirement set forth in:

(a) Subsections 58-63-302(1)(h), or 58-63-302(2)(c) or (3)(c), for conviction of a felony, or of a misdemeanor involving moral turpitude, or a of a crime that when considered with the duties and responsibilities of the license by the Division and the Board indicates that the best interests of the public are not served by granting the license; or

(b) Subsections 58-63-302(1)(h)(iii) or 58-63-302(2)(d), for conviction of violating any provision set forth in:

(i) 18 U.S.C. Chapter 44, 922(g)1-9, concerning restrictions on firearms and ammunition transportation by certain persons; or

(ii) Subsection 76-10-503, concerning restrictions on possession, purchase, transfer, or ownership of dangerous weapons by certain persons.

[(a) has been convicted of:

(i) a felony;

(ii) a misdemeanor crime of moral turpitude; or

(iii) a crime that the Division and Board consider to constitute a risk to the public when considered with the functions and duties of an unarmed or armed private security officer; or

(b) has violated:

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

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

(iii) Utah Code Subsections 58-63-302(1)(a), (2)(c), or (3)(c).]

(3) A contract security company shall:

(a) within [10]ten calendar days of occurrence, report to the Division in writing any event [contemplated in Subsection (2) ]that occurs in regard to a person identified in Subsection (1) , respecting:

(i) any conviction listed under this Subsection (2) or Subsection R156-63b-302f(2) as a disqualifying criminal conviction; and

(ii) any conviction listed under Subsection R156-63b-302f(1) as a potentially disqualifying criminal conviction; and

(b) take appropriate steps to ensure that company ownership and operations comply with this S[ubs]ection[(2)].

 

R156-63a-611. Operating Standards - Operational Procedures Manual.

(1) Each contract security company shall develop and maintain an operational procedures manual which includes the following topics:

(a) detaining or arresting;

(b) restraining, detaining, and search and seizure;

(c) felony and misdemeanor definitions;

(d) observing and reporting;

(e) ingress and egress control;

(f) natural disaster preparation;

(g) alarm systems, locks, and keys;

(h) radio and telephone communications;

(i) crowd control;

(j) public relations;

(k) personal appearance and demeanor;

(l) bomb threats;

(m) fire prevention;

(n) mental illness;

(o) supervision;

(p) criminal justice system;

(q) code of ethics for private security officers;[and]

(r) sexual harassment in the workplace; and

(s) hazardous chemical release.

(2) The operations and procedures manual shall be immediately available to the Division upon request.

 

R156-63a-613. Operating Standards - [Standards of Conduct]Notification of Criminal Arrest, Charge, Indictment, or Conviction - Notification of On-Duty Firearm Discharge.

(1) [Licensee employed by a contract security company.]In accordance with Subsection 58-63-302(2):

(a) [Pursuant to Title 58, Chapter 63, a]A licensed armed or unarmed private security officer shall notify the licensee's employing contract security company , or if none, shall notify the Division, within 72 hours of being arrested, charged, indicted, or convicted for:

(i) [arrested, charged, or indicted for ]any criminal offense above the level of a Class C misdemeanor;[or]

(ii) [found in violation of]any offense set forth in:

(A) [any provision set forth in ]18 U.S.C. Chapter 44, 922(g)1-9 , concerning restrictions on firearms and ammunition transportation by certain persons;

(B) [Utah Code ]S[ubs]ection 76-10-503[(1)], concerning restrictions on possession, purchase, transfer, or ownership of dangerous weapons by certain persons;[or]

(C) [Utah Code ]Subsections 58-63-302[(1)(a), ](2)(c), or (3)(c) , concerning a felony, a misdemeanor involving moral turpitude, or a crime that when considered with the duties and responsibilities of a private security officer by the Division and the Board indicates that the best interests of the public are not served by granting the license; or

(D) Subsection R156-63b-302g(1), concerning certain potentially disqualifying criminal offenses;[.]

(b) [Within 72 hours after receiving notification pursuant to this Subsection (1)(a), the employing]A contract security company shall notify the Division within 72 hours of receiving notification, or becoming aware, of any[the] arrest, charge, indictment, or conviction of any of its licensed employees under this Subsection (1)[violation].

(c) [The written n]Notification [required ]under this Subsection (1)(b) shall be in writing, and include:

(i) the employee's name;

(ii) the name of the court or arresting agency, if applicable;

(iii) the court or agency case number or similar case identifier;

(iv) the date of the arrest, charge, indictment, or [violation]conviction; and

(v) the nature of the criminal offense or violation.

(2) [Licensee not employed by a contract security company.

(a) Pursuant 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 being:

(i) arrested, charged or indicted for any crime above the level of a Class C misdemeanor;or

(ii) found to be in 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 Subsections 58-63-302(1)(a), (2)(c), or (3)(c).

(b) The written notification required under this Subsection (2)(a) shall meet the requirements of Subsection (1)(c).]In accordance with Subsections 58-63-302(2) and 58-1-202(1)(d), the following notice and appearance standards shall apply to an on-duty discharge of a firearm by an armed private security officer:

(a) Within 24 hours of the on-duty discharge, the armed private security officer shall notify the officer's employing contract security company, or if none, then the armed private security officer shall notify the Division.

(b) Within 72 hours of receiving notification, or becoming aware, of an on-duty firearm discharge by its employee, the employing contract security company shall notify the Division.

(c) Notification under this Subsection (2) shall be in writing, and include:

(i) the employee's name;

(ii) the date of the firearm discharge;

(iii) the nature of the firearm discharge; and

(iv) the physical location of the firearm discharge.

(d) The Security Services Licensing Board shall require a mandatory appearance before the Board by the qualifying agent over that officer, to review the company policy and procedure for dealing with an on-duty discharge.

 

KEY: licensing, security guards, private security officers

Date of Enactment or Last Substantive Amendment: [July 23, 2015]2017

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

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