No. 37945 (Amendment): Section R156-63b-102. Definitions

(Amendment)

DAR File No.: 37945
Filed: 08/27/2013 01:43:31 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Security Services Licensing Board are proposing an amendment to define the term "compensated" which was added to Title 58, Chapter 63, by S.B. 130 which was passed during the 2013 General Legislative Session.

Summary of the rule or change:

Subsection R156-63b-102(6) is added to define the term "compensated" as that term is used in Subsection 58-63-302(c)(iii)(A). The remaining subsections have been renumbered.

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 amendment only applies to licensed armored car companies and licensed armored car security officers and applicants for licensure in those classifications. As a result, the proposed amendment does not apply to local governments.

small businesses:

The proposed amendment only applies to licensed armored car companies and licensed armored car security officers and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendment would not directly affect the business.

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

The proposed amendment only applies to licensed armored car companies and licensed armored car security officers and applicants for licensure in those classifications. The Division does not anticipate any costs or savings to other persons as a result of the proposed definition addition beyond that which was considered by the Legislature in the passage of S.B. 130 (2013).

Compliance costs for affected persons:

The proposed amendment only applies to licensed armored car companies and licensed armored car security officers and applicants for licensure in those classifications. The Division does not anticipate any costs or savings to other persons as a result of the proposed definition addition beyond that which was considered by the Legislature in the passage of S.B. 130 (2013).

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

This filing defines the term "compensated" which was introduced into the Security Personnel Licensing Act during the 2013 General Legislative Session. No fiscal impact to businesses is anticipated beyond that considered by the Legislature in determining to amend the statute.

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:

• April Ellis 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:

10/15/2013

Interested persons may attend a public hearing regarding this rule:

• 10/10/2013 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 210 (second floor), Salt Lake City, UT

This rule may become effective on:

10/22/2013

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

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

R156-63b-102. Definitions.

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

(1) "Approved basic education and training program" means basic education and training that meets the standards set forth in Sections R156-63b-602 and R156-63b-603 that is approved by the Division.

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

(3) "Armored car company" includes 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.

(4) "Armored car company" does not include a company which hires as employees, individuals to provide security or guard services for the purpose of protecting tangible property, currency, valuables, jewelry, SNAP benefits as defined in Section 35A-1-102, or other high value items that require secured delivery from one place to another and are owned by or under the responsibility of 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) "Authorized emergency vehicle" is as defined in Subsection 41-6a-102(3).

(6) "Compensated", as used in Subsection 58-63-302(1)(c)(iii)(A), means remuneration in the form of W-2 wages unless the qualifying agent is an owner of a contract security or armored car company, in which case "compensated" experience means the owner's profit distributions or dividends.

([6]7) "Conviction" means criminal conduct where the filing of a criminal charge has resulted in:

(a) a finding of guilt based on evidence presented to a judge or jury;

(b) a guilty plea;

(c) a plea of nolo contendere;

(d) a plea of guilty or nolo contendere which is held in abeyance pending the successful completion of probation;

(e) a pending diversion agreement; or

(f) a conviction which has been reduced pursuant to Section 76-3-402.

([7]8) "Employee" means an individual providing services in the armored car industry for compensation when the amount of compensation is based directly upon the armored car 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.

([8]9) "Officer" as used in Subsection 58-63-201(1)(a) means a manager, director, or administrator of an armored car company.

([9]10) "Qualified continuing education" means continuing education that meets the standards set forth in Subsection R156-63b-304.

([10]11) "Qualifying agent" means an individual who is an officer, director, partner, proprietor or manager of an armored car company who exercises material authority in the conduct of the armored car 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]12) "Soft uniform" means a business suit or a polo-type shirt with appropriate slacks. The coat or shirt has an embroidered badge or armored car company logo that clips onto or is placed over the front pocket.

([12]13) "Supervised on-the-job training" means training of an armored car security officer under the supervision of a licensed armored car security officer who has been assigned to train and develop the on-the-job trainee.

([13]14) "Supervision" means general supervision as defined in Section R156-1-102a(4)(c).

([13]15) "Unprofessional conduct," as defined in Title 58, Chapters 1 and 63, is further defined, in accordance with Subsection 58-1-203(1)(c), in Section R156-63b-502.

 

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

Date of Enactment or Last Substantive Amendment: [May 26, 2011]2013

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

 

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