R156-63a-613. Operating Standards - Notification of Criminal Arrest, Charge, Indictment, or Conviction - Notification of On-Duty Firearm Discharge


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  •   (1) In accordance with Subsection 58-63-302(2)(c) and (3)(c):

      (a) A licensed armed or unarmed private security officer shall notify the licensee's employing contract security company, or if none, shall notify the Division, within 72 hours of being arrested, charged, indicted, or convicted for:

      (i) any criminal offense above the level of a Class C misdemeanor;

      (ii) any offense set forth in:

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

      (B) Section 76-10-503, concerning restrictions on possession, purchase, transfer, or ownership of dangerous weapons by certain persons;

      (C) Subsections 58-63-302(2)(c), or (3)(c), concerning a felony, a misdemeanor involving moral turpitude, or a crime that when considered with the duties and responsibilities of a private security officer by the Division and the Board indicates that the best interests of the public are not served by granting the license; or

      (D) Subsection R156-63a-302f(1), concerning certain potentially disqualifying criminal offenses;

      (b) A contract security company shall notify the Division within 72 hours of receiving notification, or becoming aware, of any arrest, charge, indictment, or conviction of any of its licensed employees under this Subsection (1).

      (c) Notification under this Subsection (1)(b) shall be in writing, and include:

      (i) the employee's name;

      (ii) the name of the court or arresting agency, if applicable;

      (iii) the court or agency case number or similar case identifier;

      (iv) the date of the arrest, charge, indictment, or conviction; and

      (v) the nature of the criminal offense or violation.

      (2) In accordance with Subsections 58-63-302(2) and 58-1-202(1)(d), the following notice and appearance standards shall apply to an on-duty discharge of a firearm by an armed private security officer:

      (a) Within 24 hours of the on-duty discharge, the armed private security officer shall notify the officer's employing contract security company, or if none, then the armed private security officer shall notify the Division.

      (b) Within 72 hours of receiving notification, or becoming aware, of an on-duty firearm discharge by its employee, the employing contract security company shall notify the Division.

      (c) Notification under this Subsection (2) shall be in writing, and include:

      (i) the employee's name;

      (ii) the date of the firearm discharge;

      (iii) the nature of the firearm discharge; and

      (iv) the physical location of the firearm discharge.

      (d) The Security Services Licensing Board shall require a mandatory appearance before the Board by the qualifying agent over that officer, to review the company policy and procedure for dealing with an on-duty discharge.