No. 34370 (Amendment): Rule R156-63a. Security Personnel Licensing Act Contract Security Rule

(Amendment)

DAR File No.: 34370
Filed: 01/20/2011 12:28:29 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this filing is to amend the rule by: 1) removing as a member of the Education Advisory Committee the representative from the Utah Peace Officer Standards and Training and adding a trainer who is a member of the Utah Peace Officers Association; 2) clarifying the qualification for licensure in Section R156-63a-302a; 3) establishing a new Section R156-63a-302g which defines the issuance of an interim permit to an armed or unarmed private security officer; 4) deleting Section R156-63a-307; 5) clarifying the requirements to become a training instructor in Section R156-63a-602; 6) clarifying the basic training and continuing education requirements for an unarmed and armed private security officer in Sections R156-63a-304 and R156-63a-603; and 7) clarifying the operating standards for contract security vehicles in Section R156-63a-610.

Summary of the rule or change:

In Section R156-63a-201, the Utah Peace Officers Standards and Training Division located within the Department of Public Safety have requested that it no longer be required to participate in the Contract Security Education Advisory Peer Committee. The proposed amendment adds an individual who is a trainer associated with the Utah Peace Officers Association. In Section R156-63a-302a, amendments require that a copy of a driver's license or identification card be issued by a state or territory of the United States or by the District of Columbia. The new Section R156-63a-302g is established to allow the Division to immediately issue an interim permit to an applicant who submits a complete application and meets additional criteria outlined in this new section. Subsection R156-63a-304(6) is added to clarify it is the responsibility of a licensee to maintain documentation showing compliance with continuing education requirements. Subsection R156-63a-304(7) is added requiring continuing education providers to provide course attendees who complete a course with a course completion certificate. Subsection R156-63a-304(8) is added to define the content requirements of the course completion certificate. Section R156-63a-307 is deleted in its entirety due to the creation of new Section R156-63a-302g. Subsection R156-63a-602(2) is amended to add the requirement of a four hour instructor training program to the written education and training manual. Subsection R156-63a-602(5) is amended to clarify the minimum requirements to be an instructor and the training program criteria for a four hour instructor training program. In Section R156-63a-603, amendments are made in this section to require the 24 hours of basic training for an armed and unarmed private security officer be completed prior to an applicant applying for licensure and to further clarify the number of hours of training for each component of the basic training program. In Section R156-63a-610, amendments are made in this section to clarify the lighting systems allowed on a security vehicle, prohibit the display of a blue light, the use of a siren, the display of a star badge on a security vehicle, and placing any wording on a security vehicle that indicates or suggests that it is a law enforcement vehicle. The amendment is added allowing the use of a public address system or an air horn. Subsection R156-63a-610(4) is amended to include a requirement that the word "security" on a contract security vehicle is legible from a reasonable difference.

State 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 minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed contract security companies, unarmed and armed private security officers, and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed contract security companies, unarmed and armed private security officers, and applicants for licensure in those classifications. The proposed amendments may affect some contract security company training programs and vehicle equipment by requiring minor modifications which will have an unknown cost.

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

The proposed amendments only apply to licensed contract security companies, unarmed and armed private security officers, and applicants for licensure in those classifications. The proposed amendments may affect some contract security companies as they may need to replace the color of the lenses in vehicle light bars which will have an unknown cost. The proposed amendments may also affect some contract security companies as they may need to develop an instructor training program. However, these costs to that industry cannot be estimated since the Division is not aware of what contract security companies already have instructor training programs in place and what companies will need to develop a new instructor training program.

Compliance costs for affected persons:

The proposed amendments only apply to licensed contract security companies, unarmed and armed private security officers, and applicants for licensure in those classifications. The proposed amendments may affect some contract security companies as they may need to replace the color of the lenses in vehicle light bars which will have an unknown cost. The proposed amendments may also affect some contract security companies as they may need to develop an instructor training program. However, these costs to that industry cannot be estimated since the Division is not aware of what contract security companies already have instructor training programs in place and what companies will need to develop a new instructor training program. There should be no additional cost to contract security companies or armed and unarmed private security officers because of the adjustment in the basic training program as the proposed amendments do not create a new training requirement but adjust the timing of the required hours of training.

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

This rule filing clarifies existing provisions. It also increases basic training requirements for armed and unarmed private security officers from eight hours to 24 hours prior to submitting an application for licensure, establishes the topics to be covered by each training program, establishes a four hour training requirement for trainers themselves, and makes other technical amendments. As indicated in the rule summary, licensees could experience costs due to the additional hours of training and the new requirement for instructor training. However, the costs of compliance could not be determined.

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
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:

03/17/2011

Interested persons may attend a public hearing regarding this rule:

• 02/15/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT

This rule may become effective on:

03/24/2011

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

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

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 an officer, director, manager or trainer of a contract security company;

(b) one member who is an 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 associated with the [Department of Public Safety, Peace Officer Standards and Training Division]Utah Peace Officers Association.

(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 from the Division and periodically reviewing all approved basic education and training programs and firearm training programs regarding current curriculum requirements.

(3) The Education Advisory Committee shall consider, when advising the Board of the acceptability of an educational program, the following:

(a) whether the educational program meets the basic education and training requirements of Sections R156-63a-603 and R156-63b-603; and

(b) whether the educational program meets the basic firearm training program requirements of Sections R156-63a-604 and 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 the applicant's qualifying agent, and all of the applicant's officers, directors, shareholders owning more than 5% of the stock, partners, proprietors, and responsible management personnel;

(c) 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 Bureau of Criminal Identification, Utah Department of Public Safety, for each of the applicant's qualifying agent, officers, directors, shareholders owning more than 5% of the stock, partners, proprietors, and responsible management personnel; and

(d) a copy of the driver license or [Utah] identification card issued by a state or territory of the United States or the District of Columbia to the 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;

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

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

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

(d) a copy of the driver license or [Utah] identification card issued by a state or territory of the United States or the District of Columbia to the applicant.

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

(a) the required firearms training pursuant to Section 58-63-604; and

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

 

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

In accordance with Subsection 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) the applicant submits with the applicant's application an official criminal history report from the Bureau of Criminal Identification showing "No Criminal Record Found";

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

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

 

R156-63a-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) Armed and unarmed private security officers shall complete 16 hours of continuing education every two years consisting of formal classroom education[. Such education shall include] that covers:

(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.

(3) In addition to the required 16 hours of continuing education, armed private security officers shall complete not less than 16 additional hours of continuing firearms education and training every two years. The continuing firearms education and training shall be completed in four-hour blocks every six months and shall not include any hours for the continuing education requirement in Subsection R156-63a-304(2). The continuing firearms education and training shall include as a minimum:

(a) live classroom instruction concerning the restrictions in the use of deadly force and firearms safety on duty, at home and on the range; and

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

(4) An individual holding a current armed private security officer license in Utah who fails to complete the required four hours of continuing firearms education within the appropriate six month period will be required to complete one and one half times the number of continuing firearms education hours the licensee was deficient for the reporting period (this requirement is hereafter referred to as penalty hours). The penalty hours shall not be considered to satisfy in whole or in part any of the continuing firearms education hours required for subsequent renewal of the license.

(5) 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.

(6) Each licensee shall maintain documentation showing compliance with the requirements above.

(7) The continuing education course provider shall provide course attendees who complete the continuing education course with a course completion certificate.

(8) The certificate shall contain:

(a) the name of the instructor;

(b) the date the course was taken;

(c) the location where the course was taken;

(d) the title of the course;

(e) the name of the course provider; and

(f) the number of continuing education hours completed.

 

[ R156-63a-307. Exemptions from Licensure.

(1) In accordance with Subsection 58-1-307(1)(c), an applicant who has applied for licensure as an unarmed or armed private security officer is exempt from licensure and may engage in practice as an unarmed or armed private security officer in a supervised on-the-job training capacity, for a period of time not to exceed the earlier of 30 days or action by the Division upon the application.

(2) Upon receipt of an application for licensure as an unarmed private security officer or as an armed private security officer, the Division may issue an on-the-job training letter to the applicant, if the applicant meets the following criteria:

(a) the applicant has not been licensed as an unarmed or as an armed private security officer in the state of Utah at least two years prior to applying for licensure;

(b) the applicant submits with his application an official criminal history re port from the Bureau of Criminal Identification showing "No Criminal Record Found";

(c) the applicant has not answered "yes" to any question on the qualifying questionnaire section of the application;

(d) the applicant has not had a license to practice an occupation or profession denied, revoked, suspended, restricted or placed on probation; and

(e) the applicant has submitted all information required with the exception of the 16 hours of classroom or on-the-job education and training in accordance with Subsection R156-63a-603(2).

 

]R156-63a-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.]applicant for program approval shall meet the following standards:

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

(2) [There shall be]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 [shall provide]includes content as established in Sections R156-63a-603 and R156-63a-604.

(4) The program for unarmed private security officers [shall provide] 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, where there is a direct student-teacher relationship. 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.]:

(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 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 Division, in collaboration with the Board, to be equivalent.

(7) 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.

(8) 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) Instructors, who present continuing education hours and are licensed armed or unarmed private security officers, shall receive credit for actual preparation time for up to two times the number of hours to which participants would be 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 approved basic education and training program for armed and unarmed private security officers shall have the following components:

([1]a) at least [eight]24 hours of basic classroom instruction [to include]including the following:

([a]i) one hour covering the nature and role of private security, including :

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

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

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

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

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

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

(A) constitutional law[,];

(B) search and seizure ; and

(C) other such topics;

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

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

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

(C) controlling information;

([e]v) one hour covering security ethics;

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

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

(A) [taking] preparing witness statements[,];

(B) performing log maintenance[,];

(C) exercising [the] control of information[,];

(D) taking field notes[,];

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

(F) performing basic writing[ skills];

([h]viii) four hours covering patrol techniques, including :

(A) mobile patrol verses[vs.] fixed post[,];

(B) accident prevention[,];

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

(D) security breeches[,]; and

(E) monitoring potential safety hazards;

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

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

([k]xi) a final examination which competently examines the student on the subjects included in the [eight]24 hours of basic classroom instruction in the approved program of education and training .[ and which the student passes with a minimum score of 80%; and]

(2) A student may only successfully pass the examination under Subsection (xi) with a minimum score of 80%.[an additional 16 hours of basic education and training in the classroom, on-the-job or a combination thereof to include the following:

(a) two hours concerning the legal responsibilities of private security, including constitutional law, search and seizure and other such topics;

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

(c) three hours covering the use of force, emphasizing the de-escalation of force and alternatives to using force;

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

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

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

(g) one hour regarding sexual harassment in the work place; and

(h) a final examination approved by the Division, which competently examines the applicant on the subjects included in the additional 16 hour program of basic education and training and which the student passes with a minimum score of 80%.]

 

R156-63a-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 41-6a-102(3).]All contract security vehicles shall conform to the following requirements:

(a) green, amber, and white are the only colors that may be used in roof mounted light bars facing forward on a contract security vehicle;

(b) green, amber, and red are the only colors that may be used in roof mounted light bars facing rearward on a contract security vehicle;

(c) light bars may only be operated on private property in which the company has a written contract;

(d) light bars may be operated on public highways only when personally directed to do so by a peace officer; and

(e) all contract security vehicles shall meet the requirements of Section 41-6a-1616.

(2) A contract security company or its personnel may not utilize a vehicle whose marking, lighting and signal devices:

(a) display any form of blue lighting;

(b) use a siren in any manner;

(c) display a star or star badge insignia; or

(d) employ any wording that suggests they are connected with law enforcement.

(3) A contract security company vehicle may have a public address system, an air horn, or both.

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

 

KEY: licensing, security guards, private security officers

Date of Enactment or Last Substantive Amendment: [November 13, 2008]2011

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

 

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