R156-63a-302f. Qualifications for Licensure - Good Moral Character - Disqualifying Convictions

  (1) In accordance with Subsections 58-63-302(1)(h), (2)(c), and (3)(c), in addition to those criminal convictions prohibiting licensure, the following criminal convictions may disqualify an applicant or licensee from obtaining or holding an unarmed private security officer license, an armed private security officer license, or a contract security company license:

  (a) crimes against a person as defined in Title 76, Chapter 5, Part 1;

  (b) theft, including retail theft, as defined in Title 76;

  (c) larceny;

  (d) sex offenses as defined in Title 76, Chapter 5, Part 4;

  (e) any offense involving a controlled substance as defined in Subsection 58-37-2(1)(f);

  (f) fraud;

  (g) extortion;

  (h) treason;

  (i) forgery;

  (j) arson;

  (k) kidnapping;

  (l) perjury;

  (m) conspiracy to commit any of the offenses listed herein;

  (n) hijacking;

  (o) burglary;

  (p) escape from jail, prison, or custody;

  (q) false or bogus checks;

  (r) terrorist activities;

  (s) desertion;

  (t) pornography;

  (u) two or more convictions for driving under the influence of alcohol within the last three years; and

  (v) any attempt to commit any of the above offenses.

  (2) An applicant may not obtain initial licensure or license renewal as an armed private security officer or as a contract security company providing armed private security services, and the license of an armed private security officer or of a contract security company providing armed private security services shall be automatically revoked, if the applicant or licensee is in violation of any provision set forth in:

  (a) 18 U.S.C. Chapter 44, 922(g)1-9, concerning restrictions on firearms and ammunition transportation by certain persons; or

  (b) Utah Code Section 76-10-503, concerning restrictions on possession, purchase, transfer, or ownership of dangerous weapons by certain persons.

  (3) In accordance with Subsection 58-63-302(1), if the applicant or licensee is a contract security company, the background of the following individuals shall be considered:

  (a) corporate officer;

  (b) director;

  (c) any shareholder owning 5% or more of the outstanding stock of the company as described in Subsection 58-63-302(1)(d)(ii);

  (d) partner;

  (e) proprietor;

  (f) qualifying agent; and

  (g) management personnel employed within Utah or having direct responsibility for managing operations of the company within Utah.

  (4) Criminal history and statutory violations that do not automatically disqualify an applicant under statute or rule shall be considered on a case-by-case basis in accordance with Section R156-1-302.