No. 26888 (Amendment): R156-63. Security Personnel Licensing Act Rules

DAR File No.: 26888
Filed: 01/13/2004, 01:14
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Security Services Licensing Board are proposing amendments to further define and clarify the basic education and training program and basic firearms training program requirements, to add two unprofessional conduct definitions, clarify the markings on security uniforms and vehicles, and add a section regarding notifying the Division of criminal conduct by a security officer.

 

Summary of the rule or change:

In Section R156-63-102, added definitions for "approved basic firearms education and training program" and "soft uniform"; and renumbered the remaining subsection. In Section R156-63-302b, updated referenced section numbers. In Section R156-63-304, changed the firearms continuing education and training for armed private security officers from not less than eight hours each calendar year to requiring a minimum of four hours every six months. In Section R156-63-502, added as unprofessional conduct: utilizing a vehicle with an emergency lighting system which violates the requirements of Section 41-6-140 of the Utah Motor Vehicle Code; and failure of the contract security company or an armed or unarmed private security officer to report a criminal offense pursuant to Section R156-63-613. In Section R156-63-602, updated referenced section numbers. In Section R156-63-603, added that this section also applies to unarmed private security officers and added that a student shall pass the final examination given with a minimum score of 80%. Also in Section R156-63-603, created a new Section R156-63-604 which defines the content of approved basic firearms training program for armed private security officers. Most of the wording from this newly created section existed in Subsection R156-63-603(2). A few additions were made to the existing wording regarding the basic firearms training program for armed private security officers. The old Section R156-63-604 regarding content of approved basic education and training program for unarmed private security officers was deleted in its entirety since its content is being combined into Section R156-63-603. In Section R156-63-605, additions were made with respect to uniform requirements. Contract security companies shall have until July 1, 2005, to ensure that all uniforms comply with the new requirements of Section R156-63-605. In Section R156-63-610, amendments are also made with respect to markings on security vehicles. Contract security companies shall have six months from the effective date of the rule amendments to ensure that all vehicles comply with the new requirements of Section R156-63-610. Added a new Section R156-63-613 which will require a security officer if they are arrested, either on or off duty, for a criminal offense above the level of a Class C misdemeanor to notify the contract security company they work for within 72 hours. The contract security company must then notify the Division, in writing, within 72 hours of the notification by the licensee, of the criminal offense.

 

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:

The Division will incur costs of approximately $75 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

 

local governments:

Proposed amendments do not apply to local governments, therefore there is no cost to local government.

 

other persons:

The proposed amendments regarding security uniforms will impact contract security companies by slightly increasing the cost of the uniform. It is estimated that compliance costs will be about $3.25 per uniform or about an average of $500 per contract security company. The amount per contract security company may be more or less than the $500 since it depends of the number of security guards employed by the company, which varies from company to company. Contract security companies may also see an increase in costs as a result of the amendments affecting security vehicles. The costs to put the word "security" on a vehicle would range from $24 to $30 per vehicle if the wording does not already exist on vehicles used by the contract security company. Costs would also vary depending on the number of vehicles a contract security company has. Currently 28 licensed contract security companies use the term "security" in their name, so the proposed rule amendment will potentially only affect 33 of the 61 licensed contract security companies.

 

Compliance costs for affected persons:

The proposed amendments regarding security uniforms will impact contract security companies by slightly increasing the cost of the uniform. It is estimated that compliance costs will be about $3.25 per uniform or about an average of $500 per contract security company. The amount per contract security company may be more or less than the $500 since it depends of the number of security guards employed by the company, which varies from company to company. Contract security companies may also see an increase in costs as a result of the amendments affecting security vehicles. The costs to put the word "security" on a vehicle would range from $24 to $30 per vehicle if the wording does not already exist on vehicles used by the contract security company. Costs would also vary depending on the number of vehicles a contract security company has. Currently 28 licensed contract security companies use the term "security" in their name, so the proposed rule amendment will potentially only affect 33 of the 61 licensed contract security companies.

 

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

Generally, this rule change includes amendments that are intended to clarify the training program requirements for licensees and the markings on security uniforms and security vehicles. No fiscal impact to businesses other than the regulated industry can be foreseen from this rule filing. Each contract security company could experience up to $500 in costs for new markings on security uniforms. Some contract security companies might also experience an average of $27 per vehicle to add the word "security" to their vehicles. Klarice A. Bachman, 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:

03/02/2004

 

Interested persons may attend a public hearing regarding this rule:

2/04/2004 at 1:00 PM, 160 East 300 South, Conference Room 4B (Fourth Floor), Salt Lake City, UT

 

This rule may become effective on:

03/03/2004

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-63. Security Personnel Licensing Act Rules.

R156-63-102. Definitions.

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

(1) "Approved basic education and training programs" as used in these rules means basic education and training that meets the standards set forth in Sections R156-63-602[,]and R156-63-603 [and R156-63-604 ]and that is approved by the division.

(2) "Approved basic firearms education and training program", as used in these rules means basic firearms education and training that meets the standards set forth in Section R156-63-604 and that is approved by the Division.

([2]3) "Authorized emergency vehicle" is as defined in Subsection 41-6-1(3).

([3]4) "Contract security company" includes:

(a) 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 is employed, or for other than the regular salary, whether at regular pay or overtime pay, from the law enforcement agency by whom he is employed; but does not include:

(b) 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 the that company, as long as the security or guard services provided by the company do not benefit any person other than the employing company.

([4]5) "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.

([5]6) "Immediate supervision" means the supervisor is available for immediate voice communication and can be available for in-person consultation within a reasonable period of time with an on-the-job trainee.

([6]7) "Officer" as used in Subsections 58-63-201(1)(a) and R156-63-302a(1)(b) means a manager, director, or administrator of a contract security company.

([7]8) "Practical experience" means experience as an unarmed or armed private security officer obtained under the immediate supervision of a supervisor who has been assigned to train and develop the unarmed or armed private security officer.

([8]9) "Qualified continuing education" as used in these rules means continuing education that meets the standards set forth in Subsection R156-63-304.

([9]10) "Qualifying agent" means 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.

(11) "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.

([10]12) "Supervised on-the-job training" means training of an armed or unarmed private security officer under the immediate supervision of a licensed private security officer who has been assigned to train and develop the on-the-job trainee.

([11]13) "Unprofessional conduct," as defined in Title 58, Chapters 1 and 63, is further defined, in accordance with Subsection 58-1-203(5), in Section R156-63-502.

 

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

In accordance with Subsections 58-1-203(2) and 58-1-301(3), the basic education and training requirements for licensure in Section 58-63-302 are defined, clarified, or established as follows:

(1) each applicant for licensure as an armed private security officer shall successfully complete a basic education and training program approved by the division, the content of which is set forth in Section R156-63-603 and R156-63-604; and

(2) each applicant for licensure as an unarmed private security officer shall successfully complete a basic education and training program approved by the division, the content of which is set forth in Section R156-63-[604]603.

 

R156-63-304. Continuing Education for Armed and Unarmed Private 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 continuing education requirement as a condition of renewal or reinstatement of licenses issued under Title 58, Chapter 63 in the classifications of armed private security officer and unarmed private security officer.

(2) Qualified continuing education for armed private security officers and unarmed private security officers shall consist of not less than 16 hours of formal classroom education or practical experience every two years.

(3) Continuing firearms education and training for armed private security officers shall consist of [not less than eight hours during each calendar year]a minimum of four hours of firearms training every six months. Firearms education and training shall comply with the provisions of Public Law 103-54, the Armored Car Industry Reciprocity Act of 1993.

(4) 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.

(5) Continuing education to qualify under the provisions of Subsection (2) shall include:

(a) company operational procedures manual;

(b) applicable state laws and rules;

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

(d) observation and reporting techniques;

(e) ethics; and

(f) emergency techniques.

 

R156-63-502. Unprofessional Conduct.

"Unprofessional conduct" includes the following:

(1) making any statement that would reasonably cause another person to believe that a private security officer functions as a law enforcement officer or other official of this state or any of its political subdivisions or any agency of the federal government;

(2) employment of an unarmed or armed private security office by a contract security company, as an on-the-job trainee pursuant to Section R156-63-307, who has been convicted of a felony or a misdemeanor crime of moral turpitude;

(3) employment of an unarmed or armed private security officer by a contract security company who fails to meet the requirements of Section R156-63-307; and

(4) a judgment on, or a judicial or prosecutorial agreement concerning a felony, or a misdemeanor involving moral turpitude, entered against an individual by a federal, state or local court, regardless of whether the court has made a finding of guilt, accepted a plea of guilty or nolo contendere by an individual, or an individual has entered into participation in a first offender, deferred adjudication or other program or arrangement where judgment of conviction is withheld.

(5) utilizing a vehicle whose markings, lighting, or signal devices imply that the vehicle is an authorized emergency vehicle as defined in Subsection 41-6-1(3) and Section 41-6-1.5 and in Title R722, Chapter 340;

(6) utilizing a vehicle with an emergency lighting system which violates the requirements of Section 41-6-140 of the Utah Motor Vehicle Code;

([6]7) wearing a uniform, insignia, or badge that would lead a reasonable person to believe that the unarmed or armed private security officer is connected with a federal, state, or municipal law enforcement agency;

([7]8) incompetence or negligence by an unarmed private security officer, an armed private security officer or by a contract security company that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

([8]9) failure by the contract security company or its officers, directors, partners, proprietors or responsible management personnel to adequately supervise employees to the extent that the public health and safety are at risk;[ and]

([9]10) failing to immediately notify the division of the cancellation of the contract security company's insurance policy

(11) failure of the contract security company or an armed or unarmed private security officer to report a criminal offense pursuant to Section R156-63-613.

 

R156-63-602. Operating Standards - Approved Basic Education and Training Program 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 following standards shall be met.

(1) There shall be a written education and training manual which includes performance objectives.

(2) The program for armed private security officers shall provide content as established in Sections R156-63-603 and R156-63-604 of these rules.

(3) The program for unarmed private security officers shall provide content as established in Section R156-63-[604]603 of these rules.

(4) All instructors providing the basic classroom instruction shall have at least three years of training and experience reasonably related to providing of security guard services.

(5) All instructors providing firearms training shall have the following qualifications:

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

(b) current certification as a firearms instructor by the National Rifle Association, a Utah law enforcement agency, a Federal law enforcement agency, a branch of the United States military, or other qualification or certification found by the director to be equivalent.

(6) 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 files of the education and training program for at least three years.

(7) 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.

 

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

An approved basic education and training program for armed and unarmed private security officers shall have the following components:

(1) at least eight hours of basic classroom instruction to include the following:

(a) the nature and role of private security, including the limits of, scope of authority and the civil liability of a private security officer and the private security officer's role in today's society;

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

(c) legal responsibilities of private security, including constitutional law, search and seizure and other such topics;

(d) situational response evaluations, including protecting and securing crime or accident scenes, notification of intern and external agencies, and controlling information;

(e) ethics;

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

(g) report writing, including taking witness statements, log maintenance, the control of information, taking field notes, report preparation and basic writing skills;

(h) [armed ]patrol techniques, including mobile vs. fixed post, accident prevention, responding to calls and alarms, security breeches, and monitoring potential safety hazards;

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

(j) sexual harassment in the work place; and

(k) a final examination which competently examines the student in the subjects included in the approved program of education and training and which the student passes with a minimum score of 80%.

 

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

An approved basic firearms training program for armed private security officers shall have the following components:

([2]1) at least six hours of classroom firearms instruction to include the following:

(a) the [weapon]firearm and its ammunition;

(b) [the use of factory loaded ammunition only;

(c) ]the care and cleaning of the weapon;

([d]c) [cleaning equipment options;

(e) barrel and cylinder maintenance;

(f) ]no alterations of firing mechanism;

([g]d) [weapons]firearm inspection review procedures;

([h]e) firearm safety on duty;

([i]f) firearm safety at home;

([j]g) firearm safety on range;

([k]h) legal and ethical restraints on [weapon]firearms use;[

(l) legal restraints on weapon 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 CFR 44 Section 922;

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

([3]2) at least six hours of firearms range instruction [on the range ]to include the following:

(a) basic firearms fundamentals and marksmanship[demonstration of appropriate techniques of shooting];

(b) demonstration and explanation of the difference between [flash sight and ]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.

 

[R156-63-604. Operating Standards - Content of Approved Basic Education and Training Program for Unarmed Private Security Officers.

An approved basic education and training program for unarmed private security officers shall have the following components:

(1) at least eight hours of basic classroom instruction to include the following:

(a) the nature and role of private security, including the limits of, scope of authority and the civil liability of a private security officer and the private security officer's role in today's society;

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

(c) legal responsibilities of private security, including constitutional law, search and seizure and other such topics;

(d) situational response evaluations, including protecting and securing crime or accident scenes, notification of internal and external agencies, and controlling information;

(e) ethics;

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

(g) report writing, including taking witness statements, log maintenance, the control of information, taking field notes, report preparation and basic writing skills;

(h) patrol techniques, including mobile vs. fixed post, accident prevention, responding to calls and alarms, security breeches, monitoring potential safety hazards;

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

(j) sexual harassment in the work place;

(k) a final examination which competently examines the student in the subjects included in the approved program of education and training.

]

R156-63-605. Operating Standards - Uniform[s]Requirements.

(1) All unarmed and armed private security officers while on duty shall wear the uniform of their contract security company employer unless assigned to work undercover.

(2) [Uniforms worn by armed or unarmed private security officers shall be marked with the name of the company or the words "Contract Security", "Security Officer", or "Security", visibly displayed on the uniform or jacket in a manner making the uniform easily distinguishable from the uniform of any public law enforcement agency.]Each armed and unarmed private security officer wearing a soft uniform unless assigned to an undercover status shall at a minimum display on the outermost garment of the uniform the name of the contract security company under whom the armed and unarmed private security officer is employed, and the word "Security", "Contract Security", or "Security Officer".

(3) The name of the contract security company and the word "Security" shall be of a size, style, shape, design and type which is clearly visible by a reasonable person under normal conditions.

(4) Each armed and unarmed private security officer wearing a regular uniform shall display on the outermost garment of the uniform in a style, shape, design and type which is clearly visible by a reasonable person under normal conditions identification which contains:

(a) the name or logo of the contract security company under whom the armed or unarmed private security officer is employed; and

(b) the word "Security", "Contract Security", or "Security Officer".

(5) Contract security companies shall have until July 1, 2005 to ensure that all uniforms comply with the requirements of this section. Thereafter, all uniforms, soft and regular, must meet all requirements established in this section.

 

R156-63-610. Operating Standards - Vehicles.

(1) No contract security company or its personnel shall utilize a vehicle whose markings, lighting, or signal devices imply that the vehicle is an authorized emergency vehicle pursuant to Subsection 41-6-1(3).

(2) The [company name]word "Security", either alone or in conjunction with the [word "Security"]company name, shall appear on each side and the rear of the company vehicle in letters no less than [2.5]4 inches in height and in a color contrasting with the color of the contract security company vehicle[readable from a reasonable distance].

(3) Contract security companies shall have six months from the effective date of this rule to ensure that all vehicles comply with the requirements of this section.

(4) Subsection R156-63-610(2) does not apply to armored cars as defined in the Armored Car Industry Reciprocity Act of 1993.

 

R156-63-613. Operating Standards - Standards of Conduct.

All armed and unarmed private security officers licensed pursuant to Title 58, Chapter 63 if arrested, charged, or indicted for a criminal offense above the level of a Class C misdemeanor, shall within 72 hours notify the contract security company they are employed with of the criminal offense. The contract security company shall notify the Division of the criminal offense within 72 hours of notification by the licensee, in writing, including name, name of the arresting agency, the agency case number and the nature of the criminal offense.

 

KEY: licensing, security guards, private security officers

[August 18, 2003]2004

Notice of Continuation September 28, 2000

58-1-106(1)(a)

58-1-202(1)(a)

58-63-101