No. 34542 (Amendment): Rule R156-63b. Security Personnel Licensing Act Armored Car Rule

(Amendment)

DAR File No.: 34542
Filed: 03/31/2011 09:19:44 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This purpose of this rule filing is to amend the rule by: 1) clarifying the qualification for licensure in Section R156-63b-302a with respect to a driver license or identification card; 2) adding a new Section R156-63b-302h which defines the issuance of an interim permit to an armored car security officer; 3) making it the responsibility of a licensee to maintain documentation showing compliance with continuing education requirements; 4) adding the requirement that continuing education providers supply to course attendees, who complete a course, a course completion certificate and defining the content requirements of the course completion certificate; and 5) deleting Section R156-63b-307.

Summary of the rule or change:

In Section R156-63b-302a, amendments require that a copy of a drivers license or identification card be issued by a state or territory of the United States or by the District of Columbia. A new Section R156-63b-302h is added to allow the Division to immediately issue an interim permit to an applicant who submits a complete application and meets additional criteria outlined in the section. In Section R156-63b-304, adds amendments to make it the responsibility of a licensee to maintain documentation showing compliance with the continuing education requirement. Also adds that continuing education providers shall provide course attendees who successfully complete a course with a course completion certificate and defined content requirements of the course completion certificate. Section R156-63b-307 is deleted due to the addition of the new Section R156-63b-302h.

State statutory or constitutional authorization for this rule:

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

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 armored car companies and armored car 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 armored car companies and armored car security officers and applicants for licensure in those classifications. The proposed amendments may affect some armored car security company training programs 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 armored car companies and armored car security officers and applicants for licensure in those classifications. The proposed amendments may affect some armored car security companies who conduct continuing education seminars as they may need to develop a course completion certificate. However, these costs to that industry cannot be estimated, but any costs incurred should be minimal.

Compliance costs for affected persons:

The proposed amendments only apply to licensed armored car companies and armored car security officers and applicants for licensure in those classifications. The proposed amendments may affect some armored car security companies who conduct continuing education seminars as they may need to develop a course completion certificate. However, these costs to that industry cannot be estimated, but any costs incurred should be minimal.

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

This rule filing adds a requirement for continuing education providers to provide a course completion certificate to course attendees, which may result in some minimal costs to the providers. Otherwise, the rule filing clarifies and reorganizes existing standards. No further 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
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:

05/16/2011

Interested persons may attend a public hearing regarding this rule:

• 04/21/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 250 (second floor), Salt Lake City, UT

This rule may become effective on:

05/23/2011

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-63b. Security Personnel Licensing Act Armored Car Rule.

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

(1) An application for licensure as an armored car company shall be accompanied by:

(a) 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;

(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 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

(c) a copy of the driver license or [Utah]an 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 armored car security officer shall be accompanied by:

(a) two fingerprint cards for the applicant;

(b) 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

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

 

R156-63b-302h. Qualifications for Licensure - Immediate Issuance of an Interim Permit.

(1) In accordance with Section 58-63-310, upon receipt of an application for licensure as an armored care security officer, the Division may immediately issue an interim permit to the applicant, if the applicant meets the following criteria:

(a) the applicant submits with his application an official criminal history report from the Bureau of Criminal Identification 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.

 

R156-63b-304. Continuing Education for Armored Car 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 armored car security officer.

(2) Armored car 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) ethics; and

(d) emergency techniques.

(3) In addition to the required 16 hours of continuing education, armored car 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 R156-63b-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) Firearms education and training shall comply with the provisions of Title 15, USC Chapter 85, the Armored Car Industry Reciprocity Act.

(5) An individual holding a current armored car 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.

(6) 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.

(7) Each licensee shall maintain documentation showing compliance with the requirements of this section.

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

(9) 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.

 

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

(1) In accordance with Subsection 58-1-307(1)(c), an applicant who has applied for licensure as an armored car security officer is exempt from licensure and may engage in practice as an armored car 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) The Division may issue upon receipt of an application for licensure as an armored car security officer, 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 armored car security officer, armed private security officer or unarmed 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 report 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; and

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

 

]KEY: licensing, security guards, armored car security officers, armored car company

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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