No. 43318 (Change in Proposed Rule): Rule R156-63a. Security Personnel Licensing Act Contract Security Rule

DAR File No.: 43318
Filed: 03/07/2019 03:17:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In response to public comments received after publication of the original proposed amendments, upon which this change is based, and after further review by the Security Services Licensing Board, the Division of Occupational and Professional Licensing (Division) and the Security Services Licensing Board propose these further modifications to the continuing education requirements for security officers.

Summary of the rule or change:

In Section R156-63a-304, these proposed amendments modify the continuing education requirements as follows: 1) a licensee's 16 hours of "core continuing education" during each renewal cycle must cover each one of the core topics; 2) the topic "management of aggressive behavior, use of force, de-escalation techniques" is removed as an optional professional continuing education topic, and is added as a required core continuing education topic; 3) unlimited hours of core, professional, or firearm continuing education credit may be granted for courses completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences; 4) unlimited hours of professional continuing education credit may be granted for Internet courses (but Internet courses will not qualify for core or firearm continuing education credit); 5) professional, not core, continuing education credit may be granted for hours of service on the Contract Security Services Licensing Board, a state or national security board, or the Contract Security Education Advisory Peer Committee; 6) a licensed contract security company must ensure that the continuing education courses offered to its employees meet the requirements of this section; 7) the Division may assign monitors at no charge to attend a continuing education course to evaluate the course and instructor; 8) it is clarified that the educational and training programs required for initial licensure may not be used to satisfy any continuing education requirement, in whole or in part; and 9) formatting changes are made for clarity, and citations are updated. In Section R156-63a-502, these proposed amendments update citations and add to the definitions of unprofessional conduct failing as a contract security company to comply with Subsection R156-63a-304(6) regarding continuing education courses/providers. In Section R156-63a-603, the change adds a correct subsection numbering. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the November 15, 2018, issue of the Utah State Bulletin, on page 89. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

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:

No state government entities will be directly affected by these further amendments because the constrained parties consist only of licensed armed or unarmed private security officers and the businesses that employ them. Additionally, there are no state government entities acting as businesses that will be impacted. State government entities that employ security businesses are not expected to experience any indirect fiscal cost from these further amendments because these changes are not expected to increase costs for security businesses.

local governments:

No local government entities will be directly affected by these further amendments because the constrained parties consist only of licensed armed or unarmed private security officers and the businesses that employ them. Additionally, there are no local government entities acting as businesses that will be impacted. Local government entities that employ security businesses are not expected to experience any indirect fiscal costs from these further amendments because these changes are not expected to increase costs for security businesses.

small businesses:

There are a total of 68 licensed security businesses in Utah (NAICS 561612), of which approximately 48 are small businesses. These small businesses are not expected to be cost affected by these further substantive amendments. The changes to Section R156-63a-304 merely fine-tune continuing education (CE) topic requirements, and clarify the CE supervision and record-keeping requirements expected from these businesses, most of which should already be taking place in the industry. The new provision in Section R156-63a-502 which adds to the definitions of unprofessional conduct failing as a contract security company to comply with Subsection R156-63a-304(6) regarding continuing education courses/providers is similar to the other unprofessional conduct provisions of Section R156-63a-502 in that the goal is to provide a deterrent, such that there is a $0 net impact on all parties involved. Therefore, for the typical member of the affected party, these proposed rule changes are expected to have no direct or indirect fiscal impact. However, inestimable fiscal impacts of the underlying rule include any money a contract security business adjudicated as having violated this rule might have to pay to the state budget in the form of an administrative penalty. This amount is inestimable, both because it applies only in cases of unforeseeable violations, and because the penalty assessed may vary depending on the circumstances of the violation.

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

There are currently 1,817 armed private security officers and 5,208 unarmed private security officers in Utah. Licensed individuals are not expected to be directly cost affected by any of these further substantive amendments. In particular, the changes to Section R156-63a-304 merely fine-tune continuing education topic requirements and clarify the expected record-keeping requirements.

Compliance costs for affected persons:

As outlined in the previous sections, affected persons are not expected to be impacted by these amendments.

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

S.B. 197, passed during the 2018 General Session, amended the Security Personnel Licensing Act (Act) with respect to the basic education and training hours required for initial licensure as an armed or unarmed private security officer. The Act now requires "a minimum of eight" hours of classroom or online curriculum instead of 24 hours. In accordance with this legislative guidance, and pursuant to the review and recommendations of the Security Services Licensing Board to improve private security officer education and training, proposed rule amendments were prepared to modify the initial basic education and training requirements. In response to public comments received after publication of the original proposed amendments upon which these additional changes are based, and after further review by the Security Services Licensing Board, the Division and the Security Services Licensing Board propose these further modifications to the continuing education requirements for security officers. Additional Changes: The substantive additional changes are summarized as follows: in Section R156-63a-304, these proposed amendments modify the continuing education requirements as follows: 1) a licensee's 16 hours of "core continuing education" during each renewal cycle must cover each one of the core topics; 2) the topic "management of aggressive behavior, use of force, de-escalation techniques" is removed as an optional professional continuing education topic, and is added as a required core continuing education topic; 3) unlimited hours of core, professional, or firearm continuing education credit may be granted for courses completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences; 4) unlimited hours of professional continuing education credit may be granted for internet courses (but internet courses will not qualify for core or firearms continuing education credit); 5) professional, not core, continuing education credit may be granted for hours of service on the Contract Security Services Licensing Board, a state or national security board, or the Contract Security Education Advisory Peer Committee; 6) a licensed contract security company must ensure that the continuing education courses offered to its employees meet the requirements of this section; 7) the Division may assign monitors at no charge to attend a continuing education course to evaluate the course and instructor; and 8) it is clarified that the educational and training programs required for initial licensure may not be used to satisfy any continuing education requirement, in whole or in part. In Section R156-63a-502, these proposed amendments update citations and provide an additional definition of unprofessional conduct to include failing as a contract security company to comply with Subsection R156-63a-304(6) regarding continuing education courses/providers. FISCAL IMPACTS -- Small Businesses (less than 50 employees): There are a total of 68 licensed security businesses in Utah (NAICS 561612), of which approximately 48 are small businesses. These small businesses are not expected to be cost affected by these additional substantive amendments. The changes to Section R156-63a-304 merely fine-tune continuing education topic requirements and clarify the continuing education supervision and record-keeping requirements expected from these businesses, most of which should already be taking place in the industry. The new provision in Section R156-63a-502 which adds to the definitions of unprofessional conduct is similar to the other unprofessional conduct provisions of Section R156-63a-502 in that the goal is to provide a deterrent, such that there is a zero net impact on all parties involved. Therefore, for the typical member of the affected group of licensees, these proposed rule changes are expected to have no direct or indirect fiscal impact. However, inestimable fiscal impacts of the underlying rule include any money a contract security business might have to pay to the state budget in the form of an administrative penalty, if adjudicated as having violated this rule. This amount is inestimable, both because it applies only in cases of unforeseeable violations, and because the penalty assessed may vary depending on the circumstances of the violation. Non-Small Businesses (50 or more employees): Non-small businesses are not expected to be directly cost affected by these further substantive amendments. The changes to Section R156-63a-304 merely fine-tune continuing topic requirements and clarify the continuing education supervision and record-keeping requirements expected from these businesses, most of which should already be taking place in the industry. The new provision in Section R156-63a-502 which adds to the definitions of unprofessional conduct is similar to the other unprofessional conduct provisions of Section R156-63a-502 in that the goal is to provide a deterrent, such that there is a zero net impact on all parties involved. Therefore, for the typical member of the affected group of licensees, these proposed rule changes are expected to have no direct or indirect fiscal impact. However, inestimable fiscal impacts of the underlying rule include any money a non-small contract security business might have to pay to the state budget in the form of an administrative penalty, if adjudicated as having violated this rule. This amount is inestimable, both because it applies only in cases of unforeseeable violations, and because the penalty assessed may vary depending on the circumstances of the violation. Original Proposed Amendment: A discussion of the fiscal impact of the original proposed amendments was published in the November 15, 2018, issue of the Utah State Bulletin, Vol. 2018, No. 22, at pages 89 - 96. Those proposed rule changes may have an ongoing fiscal cost for licensed security officers due to the additional 16 hours of continuing education per two-year renewal period that will be required for them to keep active licensure. It is estimated that average costs to course attendees, if they were required to pay for all of their training for the full additional 16 hours required by these proposed amendments, would range between $75 (for a licensee earning 16 hours by attending a 16-hour course) and $100 (for a licensee earning 16 hours by attending four four-block-hour courses at $25 each). Therefore, a licensee could experience a total cost of approximately $37.50 to $50 per year ongoing. Based on the current total of 7,025 armed and unarmed private security officers in Utah, if it were assumed that every one of these licensees had to pay for all of their additional continuing education training, the licensees could experience a fiscal cost of approximately $307,344 ongoing (average additional fees of $43.75 annually x 7,025 licensees). These costs are not listed under ?Other Persons? line item on the table below, but are reflected in the ?Other Persons? line item in the table printed in the November 15, 2018, issue of the Utah State Bulletin referenced above.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Jana Johansen at the above address, by phone at 801-530-6621, 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:

05/01/2019

Interested persons may attend a public hearing regarding this rule:

• 04/11/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, North Conference Room, first floor, Salt Lake City, UT

This rule may become effective on:

05/08/2019

Authorized by:

Mark Steinagel, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses (50 or more employees)

There are a total of 68 licensed security businesses in Utah (NAICS 561612), of which approximately 20 are non-small businesses. These non-small businesses are not expected to be directly cost affected by these further substantive amendments. The changes to Section R156-63a-304 merely fine-tune CE topic requirements and clarify the CE supervision and record-keeping requirements expected from these businesses, most of which should already be taking place in the industry. The new provision in Section R156-63a-502 which adds to the definitions of unprofessional conduct failing as a contract security company to comply with Subsection R156-63a-304(6) regarding continuing education courses/providers is similar to the other unprofessional conduct provisions of Section R156-63a-502 in that the goal is to provide a deterrent, such that there is a $0 net impact on all parties involved. Therefore, for the typical member of the affected party, the proposed rule is expected to have no direct or indirect fiscal impact. However, inestimable fiscal impacts of the underlying rule include any money a non-small contract security business adjudicated as having violated the rule might have to pay to the state budget in the form of an administrative penalty. This amount is inestimable, both because it applies only in cases of unforeseeable violations, and because the penalty assessed may vary depending on the circumstances of the violation.

 

The executive director of the Department of Commerce, Francine A. Giani, has reviewed and approved this fiscal analysis.

 

 

R156. Commerce, Occupational and Professional Licensing.

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

R156-63a-304. Continuing Education for Armed and Unarmed Private Security Officers as a Condition of Renewal.

In accordance with Subsections 58-1-203(1)(g) and 58-1-308(3)(b), the following continuing education requirements are established 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:

(1) Armed and unarmed private security officers shall complete at least 32 hours of continuing education during each two-year renewal cycle. A minimum of 16 hours shall be core continuing education; the remaining hours may consist of professional continuing education or core continuing education.

(a) "Core continuing education" is defined as education [covering one or more of]completed during a two-year renewal cycle, that covers each of the following topics:

(i) company operational procedures manual;

(ii) applicable state laws and rules;

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

(iv) observation and reporting techniques;

(v) ethics;

(vi) management of aggressive behavior, use of force, de-escalation techniques;

(vii) emergency techniques; and

(vii i) a recognized basic life saving course to obtain or maintain[current] certification in:

(A) cardiopulmonary resuscitation (CPR);

(B) automated external defibrillator (AED);

(C) first aid; or

(D) any other recognized basic life-saving skills.[certification;]

(b) "Professional continuing education" is defined as education covering one or more of the following topics:

(i) executive protection;

(ii) basic self-defense;

(iii) driving techniques for the security professional;

(iv) escort techniques;

(v) crowd control;

(vi) access control and the use of electronic detection devices;

(vii) use of defensive items and objects;

(viii) [management of aggressive behavior, use of force, de-escalation techniques;

(ix) ]homeland security involving bomb threats and anti-terrorism;[or]

( ix) Americans with Disabilities Act (ADA) compliance ; or

(x) any other topic relevant to the education of security professionals.

(2) In addition to the 32 hours of core/professional continuing education, an armed private security officer shall complete at least 16 hours of continuing firearms education and training during each two-year renewal cycle. Continuing firearms education and training:

(a) shall be completed in four-hour blocks every six months;

(b) may not include any hours for the continuing education requirement in Subsection R156-63a-304(1); and

(c) shall include at minimum:

(i) live classroom instruction concerning:

(A) the restrictions in the use of deadly force; and

(B) firearms safety on duty, at home, and on the range; and

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

(3) Credit for continuing education shall be recognized as follows:

(a) unlimited hours for core, professional, and firearm continuing education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences;

(b) unlimited hours for professional continuing education provided via the Internet, if the course provider verifies registration and participation in the course by means of an exam which demonstrates that the participant has learned the material presented;

(c) two hours for each hour of lecturing, training, or instructing a course, if it is the first time the material has been taught during the preceding 12 months, up to a maximum of 12 hours during each two-year renewal period; the type of credit received - whether core, professional, or firearms education and training - shall be based on the subject taught; and

(d) one [core]professional continuing education hour for each hour of service on the Contract Security Services Licensing Board, a state or national security board, or the Contract Security Education Advisory Peer Committee, up to a maximum of six hours during each two-year renewal period.

(4) Modification of Required Continuing Education Hours.

(a) A licensee who fails to complete the required four hours of continuing firearms education and training within the appropriate six-month period shall complete one and one half times the number of hours the licensee was deficient for the reporting period ("penalty hours"). Penalty hours shall not satisfy in whole or in part any of the continuing firearms education and training hours required for subsequent renewal of the license.

(b) 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 proportionately.

(c) The Division may defer or waive continuing education requirements as provided in Section R156-1-308d.

(5) [Documentation.

(a) Each ]A licensee shall maintain documentation showing compliance with the requirements of this section, such as certificates of completion or course handouts and materials, for a period of three years from the end of the renewal period for which the continuing education is due.

[(b) A continuing education provider shall give participants who complete the continuing education a completion certificate or form, which contains the:

(i) name of the participant;

(ii) date the course was taken;

(iii) location where the course was taken (or type of Internet course);

(iv) title of the course;

(v) name of the continuing education provider and instructor;

(vi) exam score for any exam taken; and

(vii) number of continuing education hours completed.]

(6) A contract security company licensed under this chapter shall:

(a) review continuing education courses and approve for its employees only those courses that meet the requirements of this section;

(b)(i) maintain accurate records of its approved continuing education courses and of each employee's attendance and course completion; and

(ii) make such records available for audit by representatives of the Division; and

(c) ensure that each provider of its approved continuing education courses:

(i) maintains accurate records of attendance and course completion, by individual licensee, that are available for review by the licensed company, the Division, and the licensee; and

(ii) provides individuals completing the course a certificate identifying the:

(A) name of the individual;

(B) date the course was taken;

(C) location where the course was taken or type of Internet course taken;

(D) title of the course identifying its topic(s) as outlined in Subsection R156-63a-304(1);

(E) name of the continuing education provider and instructor;

(F) exam score for any exam taken; and

(G) number of continuing education hours completed.

(7) On a random basis, the Division may assign monitors at no charge to attend a continuing education course for the purpose of evaluating the course and the instructor.

([6]8) The initial licensure education and training programs defined in Subsections R156-63a-102(1) and (2)[, which are required to obtain initial licensure as an armed or unarmed security officer,] may not be used to satisfy , in whole or in part , any of the continuing education requirements of this section.

 

R156-63a-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) utilizing a vehicle with markings, lighting, and/or signal devices that imply or suggest that the vehicle is an authorized emergency vehicle as defined in Subsection 41-6a-102(3) and Section 41-6a-310[ and in Title R722, Chapter 340];

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

(4) 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;

(5) being incompetent or negligent as an unarmed private security officer, an armed private security officer, or a contract security company, so as to cause injury to a person or create an unreasonable risk that a person might be harmed;

(6) failing as a contract security company or its officers, directors, partners, proprietors or responsible management personnel to adequately supervise employees so as to place the public health and safety at risk;

(7) failing to immediately notify the Division of the cancellation of the contract security company's insurance policy;

(8) failing as a contract security company or an armed or unarmed private security officer to report a criminal offense pursuant to Section R156-63a-613;

(9) pursuant to Subsection R156-63a-[612(3)]613(1), failing as a contract security company or an armed or unarmed private security officer to report to the Division a violation of:

(a) any provision set forth in 18 U.S.C. Chapter 44, 922(g)1-9;

(b) Utah Code Subsection 76-10-503(1); or

(c) Utah Code Subsections 58-63-302(1)([a]h), (2)(c), or (3)(c);

(10) wearing a uniform, insignia, or badge, or displaying a license, that would lead a reasonable person to believe that an individual is connected with a contract security company, when not employed as an armed or unarmed private security officer by a contract security company;[ and]

(11) failing as an armed or unarmed private security officer to complete required continuing education hours, in violation of Section R156-63a-304; and

(12) failing as a contract security company to comply with Subsection R156-63a-304(6) regarding continuing education courses or providers.

 

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

In accordance with Subsection 58-63-302(2)(g), an approved basic education and training program for armed and unarmed private security officers shall have at least eight hours of classroom or online instruction, including:

(1) the nature and role of private security, including a private security officer's:

(a) scope and limits of authority;

(b) civil liability; and

(c) role in today's society;

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

(3) the legal responsibilities of private security, including:

(a) constitutional law;

(b) search and seizure; and

(c) other such topics;

(4) situational response evaluations, including:

(a) protecting and securing crime or accident scenes;

(b) notifying internal and external agencies; and

(c) controlling information;

(5) security ethics;

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

(7) documentation and report writing, including:

(a) preparing witness statements;

(b) performing log maintenance;

(c) exercising control of information;

(d) taking field notes;

(e) organizing information into a report; and

(f) performing basic writing;

(8) patrol techniques, including:

(a) mobile patrol versus fixed post;

(b) accident prevention;

(c) responding to calls and alarms;

(d) security breaches;

(e) monitoring potential safety hazards; and

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

(9) sexual harassment in the workplace; and

(10) a final examination that:

(a) competently examines the student on the subjects included in the eight hours of basic instruction; and

(b) mandates a minimum pass score of 80%.

 

KEY: licensing, security guards, private security officers

Date of Enactment or Last Substantive Amendment: 2019

Notice of Continuation: May 15, 2018

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