No. 29915 (Amendment): R156-63. Security Personnel Licensing Act Rules

DAR File No.: 29915
Filed: 05/03/2007, 10:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Security Personnel Licensing Board have reviewed the rule and want to propose amendments to further define basic education and training programs and continuing education requirements for armed and unarmed private security officers and to clarify requirements with respect to a training instructor.

Summary of the rule or change:

Throughout the rule, amendments are being proposed to change the rule from plural to singular. Also, throughout the rule, several statutory citations have been updated. In Subsections R156-63-304(2) and (3), amendments are being proposed to clarify that armed and unarmed private security officers are required to complete 16 hours of continuing education every 2 years consisting of formal classroom education and armed private security officers shall complete not less than 16 additional hours of continuing firearms education and training every 2 years. The additional 16 hours of firearms education required of armed private security officers is to be completed in four hour blocks every six months. The proposed amendments in this section do not add or change the continuing education requirements; but they have been rewritten to be easier to understand what is required. Subsection R156-63-304(5) has been added to define the outcome of additional continuing education hours required should a licensed armed private security officer fail to complete the required four hours of continuing firearms education within the appropriate six-month time period. Subsection R156-63-307(e) has been added as an additional exemption from licensure which allows an applicant for licensure to engage in practice as an unarmed or armed private security officer while meeting the additional 16 hours of basic education and training as defined in Section R156-63-603. Section R156-63-602 is being amended to further clarify the requirements to be a basic education instructor and to allow the instructor to receive continuing education credit for the preparation of a security training program. In Section R156-63-603, amendments are proposed to add and define an additional 16 hours of basic education and training to be completed in the classroom, while on the job or a combination thereof, within 30 days of the date of the application for armed and unarmed private security officers. The increased training hours required by this proposed amendment are intended to bring the required basic education requirement for armed and unarmed private security officers in line with the recommended minimum education standards of the American Society of Industrial Security (ASIS).

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

local governments:

The proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. The proposed amendments only apply to licensees and applicants for licensure as either an armed or unarmed private security officer.

other persons:

The proposed amendment requiring an additional 16 hours of on-the-job training for new applicants for licensure as either an armed or unarmed private security officer will impact contract security companies at an estimated cost of approximately $9 additional per hour of training per applicant for licensure ($9 x 16 hours = $144 per applicant). However, the overall monetary impact is considered to be minimal since most contract security companies are currently requiring additional training for their officers when they begin to work for the company. There will also be an additional cost to an armed private security officer who fails to comply with the continuing education requirement with respect to four hours of firearms training to be completed every six months since the proposed amendment would require the licensee to complete additional hours of firearms training as a penalty for failing to be properly trained on a regular basis. The Division is unable to determine how many armed private security officer licensees may not complete their required firearms training within the specific time period or the costs that may be associated with obtaining the penalty hours that may be required.

Compliance costs for affected persons:

The proposed amendment requiring an additional 16 hours of on-the-job training for new applicants for licensure as either an armed or unarmed private security officer will impact contract security companies at an estimated cost of approximately $9 additional per hour of training per applicant for licensure ($9 x 16 hours = $144 per applicant). However, the overall monetary impact is considered to be minimal since most contract security companies are currently requiring additional training for their officers when they begin to work for the company. There will also be an additional cost to an armed private security officer who fails to comply with the continuing education requirement with respect to four hours of firearms training to be completed every six months since the proposed amendment would require the licensee to complete additional hours of firearms training as a penalty for failing to be properly trained on a regular basis. The Division is unable to determine how many armed private security officer licensees may not complete their required firearms training within the specific time period or the costs that may be associated with obtaining the penalty hours that may be required.

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

This rule filing requires contract security companies to provide an additional 16 hours of classroom and/or on-the-job training to private security officers and penalizes armed private security officers who fail to comply with the minimum continuing education requirement by requiring additional training hours. Thus, there will be a fiscal impact to the industry as discussed in the rule filing. These substantive changes are intended to bring the rules in line with national standards. The rule filing makes additional clarifying and technical amendments, such as correcting outdated statutory references and defining the types of courses necessary to meet the continuing education requirements. None of these technical and clarifying amendments are expected to create any fiscal impact to businesses. 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:

07/02/2007

Interested persons may attend a public hearing regarding this rule:

6/14/2007 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

07/10/2007

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-63. Security Personnel Licensing Act Rule[s].

R156-63-101. Title.

Th[ese]is rule[s are]is known as the "Security Personnel Licensing Act Rule[s]."

 

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 th[ese]is rule[s]:

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

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

(3) "Authorized emergency vehicle" is as defined in Subsection [41-6-1(3)]41-6a-102(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.

(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.

(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.

(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.

(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.

(9) "Qualified continuing education" as used in th[ese]is rule[s] means continuing education that meets the standards set forth in Subsection R156-63-304.

(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.

(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.

(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.

 

R156-63-103. Authority - Purpose.

Th[ese]is rule[s are]is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 63.

 

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]Armed and unarmed private security officers shall complete 16 hours of continuing education every two years consisting of formal classroom education.

(3) [Continuing firearms education and training for armed private security officers shall consist of a minimum of four hours of firearms training every six months.]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 R156-63-304(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 Public Law 103-54, the Armored Car Industry Reciprocity Act of 1993.

(5) 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.

([4]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.

([5]7) 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.

 

R156-63-305. Demonstration of Clear Criminal History for Licensees as Renewal Requirement.

(1) In accordance with Subsections 58-1-203([7]1)(g) and 58-1-308(3)(b), there is created a demonstration of a clear criminal history as a condition of renewal or reinstatement of licenses issued under Title 58, Chapter 63 in the classifications of armed private security officer, unarmed private security officer, and for the qualifying agent for a contract security company.

(2) Each application for renewal or reinstatement of the license of a contract security company shall be conditioned upon the licensee having obtained within 120 days prior to submission of the application for renewal or reinstatement, a clear criminal history certification from the Bureau of Criminal Identification, Utah Department of Public Safety, for the licensee's qualifying agent.

(3) Each application for renewal or reinstatement of the license of an armed private security officer, or unarmed private security officer shall be conditioned upon the licensee having obtained within 120 days prior to submission of the application for renewal or reinstatement, a clear criminal history certification from the Bureau of Criminal Identification, Utah Department of Public Safety.

 

R156-63-307. 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 [complete ]application for licensure as an unarmed private security officer or as an armed private security officer, an on-the-job training letter may be issued 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;[ and]

(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 R156-63-603(2).

 

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, and/or signal devices imply or suggest that the vehicle is an authorized emergency vehicle as defined in Subsection [41-6-1(3)]41-6a-102(3) and Section [41-6-1.5]41-6a-310 and in Title R722, Chapter 340;

(6) utilizing a vehicle with an emergency lighting system which violates the requirements of Section [41-6-140]41-6a-1616 of the Utah Motor Vehicle Code;

(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;

(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;

(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;

(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 th[ese]is rule[s].

(3) The program for unarmed private security officers shall provide content as established in Section R156-63-603 of th[ese]is rule[s].

(4) 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.

(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.

(8) 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).

 

R156-63-603. 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) 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]on the subjects included in the eight hours of basic classroom instruction in the approved program of education and training and which the student passes with a minimum score of 80%.

(2) an additional 16 hours of basic education and training in the classroom, on-the-job or a combination thereof to include the following:

(a) for unarmed and armed private security officers:

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

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

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

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

(v) 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;

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

(vii) one hour regarding sexual harassment in the work place; or

(b) for unarmed and armed private security officers who work in the armored car service:

(i) eight hours of driving policies and procedures, driver training and vehicle orientation;

(ii) four hours of emergency situation response including terminal security, traffic accidents, robbery situations, homeland security and reducing risk potential through street procedures and tactics, securing robbery scenes, dealing with the media, etc.;

(iii) three hours of armored operations, including proper paperwork, street control procedures, vehicle transfers, vault procedures, and other proper branch procedures; and

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

(c) 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%.

 

R156-63-610. 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)]41-6a-102(3).

(2) 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 4 inches in height and in a color contrasting with the color of the contract security company vehicle.

(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.

 

KEY: licensing, security guards, private security officers

Date of Enactment or Last Substantive Amendment: [August 15, 2006]2007

Notice of Continuation: September 1, 2005

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