R156-63a-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 a basic education and training program that:

  (a) meets the standards and is approved by the Division as set forth in Section R156-63a-602; and

  (b) has the content required by Section R156-63a-603.

  (2) "Approved basic firearms training program" means a firearms education and training program that:

  (a) meets the standards and is approved by the Division as set forth in Section R156-63a-602; and

  (b) has the content required by Section R156-63a-604.

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

  (4) "Contract security 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 the peace officer is employed.

  (5) "Contract security company" does not include 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 that company, as long as the security or guard services provided by the company do not benefit any person other than the employing company.

  (6) "Compensated", as used in Subsection 58-63-302(1)(c)(viii)(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" means the owner's profit distributions or dividends.

  (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.

  (8) "Corporate officer" as defined in Subsection 58-63-102(9), includes an individual who is on file with the Division of Corporations and Commercial Code as a limited liability company's company officer or "governing person" as defined in Subsection 48-3a-102(7), or as a limited partnership's "general partner" as defined in Subsection 48-2e-102(8).

  (9) "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.

  (10) "Instructor" means a person who directly facilitates learning through means of live in-class lecture, group participation, practical exercise, or other means, who has fulfilled the instructor experience and training requirements set forth in Section R156-63a-602.

  (11) "Qualified continuing education" means continuing education that meets the standards set forth in Subsection R156-63a-304.

  (12) "Qualifying agent" means a natural person who meets all of the requirements set forth in Subsection 58-63-302(1)(c).

  (13) "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.

  (14) "Supervision" means general supervision as defined in Subsection R156-1-102a(4)(c).

  (15) "Trainer" has the same meaning as "instructor".

  (16) "Unprofessional conduct," as defined in Title 58, Chapters 1 and 63, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-63a-502.