No. 28345 (Amendment): R156-63-503. Administrative Penalties

DAR File No.: 28345
Filed: 11/10/2005, 11:03
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Security Services Licensing Board and the Division are placing the fine schedule applicable to licensees and unlicensed persons under Title 58, Chapter 63, in the rule. Currently, the existing fine schedule applicable to licensees and unlicensed persons under Title 58, Chapter 63, is a Division policy. Also, the fine schedule that is being added to this rule is being updated and the fines increased over the existing fine amounts.

 

Summary of the rule or change:

Section R156-63-503 regarding administrative penalties is being added to the Security Personnel Licensing Act Rules. This new section outlines the fines applicable to licensees and unlicensed persons under Title 58, Chapter 63, who violate various subsections of that statute and the amount of the fine for first, second, and third offenses. The section also establishes guidelines pertaining to the issuance of citations and the fines associated with those citations. The fines in the Division's current existing fine schedule range from $200 to $1,200. The increased fines being proposed in this section range from $800 to $1,600.

 

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:

As a result of this proposed rule and the fine schedule amounts being increased, the state budget would realize a positive fiscal impact from this section. It is estimated that the increase in fines would bring in approximately $2,000 in additional revenue each year to the state. The Division will incur minimal costs, approximately $75, to reprint the rule once the proposed amendment is made effective. Any costs incurred will be absorbed in the Division's current budget.

 

local governments:

The proposed amendment will not affect local governments; therefore, no costs or savings are anticipated. The proposed rule amendment only affects persons who violate the specified sections of Title 58, Chapter 63.

 

other persons:

The proposed amendment will affect persons (both licensed and unlicensed) who violate the specified sections of Title 58, Chapter 63, as outlined in the fine schedule. Since the Division received fine authority for this profession in 2003, 10 citations have been issued with the average fine being $200. It is estimated that in time the new fine schedule being proposed would increase this amount to $500 per citation. The proposed fine schedule would also have an impact on fines collected through stipulated or written agreements; but it is expected this impact would be minimal.

 

Compliance costs for affected persons:

The Division is not able to determine an exact compliance cost to persons affected by the proposed amendment as it would depend on what statute violation they had committed and if the violation was a first, second, or third offense. However, it is estimated that the average increase in cost per citation issued would be $300 for persons who violated the specified sections of Title 58, Chapter 63.

 

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

This rule amendment adopts a fee schedule in accordance with Section 58-63-503. Although still within the ranges permitted by Subsection 58-63-503(3)(h), this fine schedule increases the fine amounts previously applied by the Division of Occupational and Professional Licensing to violators of the Security Personnel Licensing Act. Thus, violators of the Act will be paying approximately $300 more per citation than they did before. Other than this fiscal impact to the regulated industry, no additional fiscal impact to businesses is anticipated. Francine A. Giani, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

 

Direct questions regarding this rule to:

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:

01/03/2006

 

Interested persons may attend a public hearing regarding this rule:

12/08/2005 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 4A (fourth floor), Salt Lake City, UT

 

This rule may become effective on:

01/04/2006

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-63. Security Personnel Licensing Act Rules.

R156-63-503. Administrative Penalties.

(1) In accordance with Subsection 58-63-503, the following citation fine schedule shall apply to citations issued under Title 58, Chapter 63:

 

TABLE

FINE SCHEDULE

FIRST OFFENSE



                                                Armed or Unarmed

Violation           Contract Security Company    Security Officer

58-63-501(1)             $  800.00                   N/A

58-63-501(2)             $  800.00                $  500.00



SECOND OFFENSE



58-63-501(1)             $1,600.00                $1,000.00

58-63-501(2)             $1,600.00                $1,000.00

 

(2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount.

(3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

(5) The presiding officer for a contested citation shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount imposed by an investigator based upon the evidence reviewed.

 

KEY: licensing, security guards, private security officers

[March 4, 2004]2006

Notice of Continuation September 1, 2005

58-1-202(1)(a)

58-1-106(1)(a)

58-63-101