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[Utah Administrative Code Table of Contents]
[Title R156. Table of Contents]
R156-63-101 Title.
These rules are known as the "Security Personnel Licensing Act Rules."
R156-63-102 Definitions.
In addition to the definitions in Title 58, Chapters 1 and 63, as used in Title 58, Chapters 1 and 63 or these rules:
(1) "Approved basic education and training programs" as used in these rules means basic education and training that meets the standards set forth in Sections R156-63-602, R156-63-603 and R156-63-604 and that is approved by the division.
(2) "Contract security company" includes:
(a) 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, or for other than the regular salary, whether at regular pay or overtime pay, from the law enforcement agency by whom he is employed; but does not include:
(b) 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 the that company, as long as the security or guard services provided by the company do not benefit any person other than the employing company.
(3) "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.
(4) "Immediate supervision" means the supervisor is available for immediate voice communication and can be available for in-person consultation within a reasonable period of time with an on-the-job trainee.
(5) "Officer" as used in Subsections 58-63-201 (1)(a) and R156-63-302a(1)(b) means a manager, director, or administrator of a contract security company.
(6) "Qualified continuing education" as used in these rules means continuing education that meets the standards set forth in Subsection R156-63-304.
(7) "Qualifying agent" means an individual who is an officer, director, partner, proprietor or manager of a contract security company who exercises material authority in the conduct of the contract security company's business by making substantive technical and administrative decisions relating to the work performed for which a license is required under this chapter.
(8) "Supervised on-the-job training" means training of an armed or unarmed private security officer or alarm response runner, under the immediate supervision of a licensed private security officer who has been assigned to train and develop the on-the-job trainee.
(9) "Unprofessional conduct," as defined in Title 58, Chapters 1 and 63, is further defined, in accordance with Subsection 58-1-203 (5), in Section R156-63-502.
R156-63-103 Authority - Purpose.
These rules are adopted by the division under the authority of Subsection 58-1-106 (1) to enable the division to administer Title 58, Chapter 63.
R156-63-104 Organization - Relationship to Rule R156-1.
The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.
R156-63-302a Qualifications for Licensure - Application Requirements.
(1) An application for licensure as a contract security company shall be accompanied by:
(a) a certification of criminal record history for the applicant's qualifying agent issued by the Bureau of Criminal Identification, Utah Department of Public Safety, in accordance with the provisions of Subsection 53-5-214[Ed.Note: Apparent Utah Code Ref. not found.] (1)(f)(ii);
(b) two fingerprint cards for the applicant's qualifying agent, and all of the applicant's officers, directors, shareholders owning more than 5% of the stock, partners, proprietors, and responsible management personnel;
(c) a fee established in accordance with Section 63-38-3.2 equal to the cost of conducting a check of records of the Federal Bureau of Investigation, and Bureau of Criminal Identification, Utah Department of Public Safety, for each of the applicant's qualifying agent, officers, directors, shareholders owning more than 5% of the stock, partners, proprietors, and responsible management personnel; and
(d) a copy of the driver license or Utah identification card issued to the applicant's qualifying agent, officers, directors, shareholders owning more than 5% of the stock, partners, proprietors, and responsible management personnel.
(2) An application for licensure as an armed private security officer or alarm response runner shall be accompanied by:
(a) a certification of criminal record history for the applicant issued by the Bureau of Criminal Identification, Utah Department of Public Safety, in accordance with the provisions of Subsection 53-5-214[Ed.Note: Apparent Utah Code Ref. not found.] (1)(f)(ii);
(b) two fingerprint cards for the applicant;
(c) a fee established in accordance with Section 63-38-3.2 equal to the cost of conducting a check of records of:
(i) the Federal Bureau of Investigation for the applicant; and
(ii) the Bureau of Criminal Identification of the Utah Department of Public Safety; and
(d) a copy of the driver license or Utah identification card issued to the applicant.
(3) An application for licensure as an unarmed private security officer or alarm response runner shall be accompanied by:
(a) a certification of criminal record history for the applicant issued by the Bureau of Criminal Identification, Utah Department of Public Safety, in accordance with the provisions of Subsection 53-5-214[Ed.Note: Apparent Utah Code Ref. not found.] (1)(f)(ii);
(b) two fingerprint cards for the applicant;
(c) a fee established in accordance with Section 63-38-3.2 equal to the cost of conducting a check of records of:
(i) the Federal Bureau of Investigation for the applicant; and
(ii) the Bureau of Criminal Identification of the Utah Department of Public Safety; and
(d) a copy of the driver license or Utah identification card issued to the applicant.
(4) An applicant for licensure as an armed private security officer, unarmed private security officer, alarm response runner, or as a qualifying agent for a contract security company by a person currently licensed under Title 58, Chapter 63, shall submit an application for change in license classification and shall be required to only document compliance with those requirements for licensure which have not been previously met in obtaining the currently held license.
R156-63-302b Qualifications for Licensure - Basic Education and Training Requirements.
In accordance with Subsections 58-1-203 (2) and 58-1-301 (3), the basic education and training requirements for licensure in Section 58-63-302 are defined, clarified, or established as follows:
(1) each applicant for licensure as an armed private security officer shall successfully complete a basic education and training program approved by the division, the content of which is set forth in Section R156-63-603; and
(2) each applicant for licensure as an unarmed private security officer shall successfully complete a basic education and training program approved by the division, the content of which is set forth in Section R156-63-604.
R156-63-302c Qualifications for Licensure - Examination Requirements.
In accordance with Subsections 58-1-203 (2) and 58-1-301 (3), the examination requirements for licensure in Section 58-63-302 are defined, clarified, or established as follows:
(1) the qualifying agent for each applicant who is a contract security company shall pass the Utah Security Personnel Law and Rules Examination; and
(2) each applicant for licensure as an armed private security officer or an unarmed private security officer shall obtain a score of at least 75% on the basic education and training final examination approved by the division and offered by each provider of basic education and training as a part of the program.
R156-63-302d Qualification for Licensure - Liability Insurance for a Contract Security Company.
In accordance with Subsections 58-1-203 (2) and 58-1-301 (3), the insurance requirements for licensure as a contract security company in Subsection 58-63-302 (1)(j)(i) are defined, clarified, or established as follows.
(1) An applicant shall file with the division a "Certificate of Insurance" providing liability insurance for the following exposures:
(a) general liability;
(b) assault and battery;
(c) personal injury;
(d) false arrest;
(e) libel and slander;
(f) invasion of privacy;
(g) broad form property damage;
(h) damage to property in the care, custody or control of the contract security company; and
(i) errors and omissions.
(2) Said insurance shall provide liability limits in amounts not less than $300,000 for each incident and not less than $1,000,000 total aggregate for each annual term.
(3) The insurance carrier must be an insurer which has a certificate of authority to do business in Utah, or is an authorized surplus lines insurer in Utah, or is authorized to do business under the laws of the state in which the corporate offices of foreign corporations are located.
(4) All contract security companies shall have a current insurance certificate of coverage as defined in Subsection (1) on file at all times and available for immediate inspection by the division during normal working hours.
R156-63-302e Qualifications for Licensure - Age Requirement for Armed Private Security Officer.
An armed private security officer must be 18 years of age or older at the time of submitting an application for licensure in accordance with Subsection 76-10-509 (1).
R156-63-303 Renewal Cycle - Procedures.
(1) In accordance with Subsection 58-1-308 (1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 63 is established by rule in Section R156-1-308.
(2) Renewal procedures shall be in accordance with Section R156-1-308.
R156-63-304 Continuing Education for Armed and Unarmed Private Security Officers as a Condition of Renewal.
(1) In accordance with Subsections 58-1-203 (7) and 58-1-308 (3)(b), there is created a continuing education requirement 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.
(2) Qualified continuing education for armed private security officers and unarmed private security officers shall consist of not less than eight hours of formal classroom education or practical experience in each calendar year.
(3) Continuing firearms education and training for armed private security officers shall consist of not less than eight hours during each calendar year. Firearms education and training shall comply with the provisions of Public Law 103-54, the Armored Car Industry Reciprocity Act of 1993.
(4) 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 accordingly as a pro rata amount of the requirements of a two-year period.
(5) Continuing education to qualify under the provisions of Subsection (2) shall include:
(a) company operational procedures manual;
(b) applicable state laws and rules;
(c) legal powers and limitations of private security officers;
(d) observation and reporting techniques;
(e) ethics; and
(f) emergency techniques.
R156-63-305 Demonstration of Clear Criminal History for Licensees as Renewal Requirement.
(1) In accordance with Subsections 58-1-203 (7) and 58-1-308 (3)(b), there is created a demonstration of a clear criminal history as a condition of renewal or reinstatement of licenses issued under Title 58, Chapter 63 in the classifications of armed private security officer, unarmed private security officer, alarm response runner, and for the qualifying agent for a contract security company.
(2) Each application for renewal or reinstatement of the license of a contract security company shall be conditioned upon the licensee having obtained within 120 days prior to submission of the application for renewal or reinstatement, a clear criminal history certification from the Bureau of Criminal Identification, Utah Department of Public Safety, for the licensee's qualifying agent.
(3) Each application for renewal or reinstatement of the license of an armed private security officer, unarmed private security officer, or alarm response runner shall be conditioned upon the licensee having obtained within 120 days prior to submission of the application for renewal or reinstatement, a clear criminal history certification from the Bureau of Criminal Identification, Utah Department of Public Safety.
R156-63-306 Change of Qualifying Agent.
Within 30 days after a qualifying agent for a licensed contract security company ceases employment with the licensee, or for any other reason is not qualified to be the licensee's qualifier, the contract security company shall file with the division an application for change of qualifier on forms provided by the division, accompanied by a fee established in accordance with Section 63-38-3.2.
R156-63-307 Exemptions from Licensure.
In accordance with Subsection 58-1-307 (1)(c), an applicant who has applied for licensure as an unarmed or armed private security officer or alarm response runner is exempt from licensure and may engage in practice as an unarmed or armed private security officer or alarm response runner in a supervised on-the-job training capacity, for a period of time not to exceed the earlier of 30 days or action by the division upon the application.
R156-63-502 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) employment of an unarmed or armed private security office or alarm response runner by a contract security company, as an on-the-job trainee pursuant to Section R156-63-307, who has been convicted of a felony or a misdemeanor crime of moral turpitude;
(3) employment of an unarmed or armed private security officer or alarm response runner by a contract security company who fails to meet the requirements of Section R156-63-307; and
(4) a judgment on, or a judicial or prosecutorial agreement concerning a felony, or a misdemeanor involving moral turpitude, entered against an individual by a federal, state or local court, regardless of whether the court has made a finding of guilt, accepted a plea of guilty or nolo contendere by an individual, or an individual has entered into participation in a first offender, deferred adjudication or other program or arrangement where judgment of conviction is withheld.
R156-63-601 Operating Standards - Firearms.
(1) An armed private security officer shall carry only that firearm with which he has passed a firearms qualification course as defined in Section R156-63-603.
(2) Shotguns and rifles, owned and issued by the contract security company, may be used in situations where they would constitute an appropriate defense for the armed private security officer and where the officer has completed an appropriate qualification course in their use.
(3) An armed private security officer shall not carry a firearm except when acting on official duty as an employee of a contract security company, unless the licensee is otherwise qualified under the laws of the state to carry a firearm.
R156-63-602 Operating Standards - Approved Basic Education and Training Program for Armed and Unarmed Private Security Officers.
To be designated by the division as an approved basic education and training program for armed private security officers and unarmed private security officers, the following standards shall be met.
(1) There shall be a written education and training manual which includes performance objectives.
(2) The program for armed private security officers shall provide content as established in Section R156-63-603 of these rules.
(3) The program for unarmed private security officers shall provide content as established in Section R156-63-604 of these rules.
(4) All instructors providing the basic classroom instruction shall have at least three years of training and experience reasonably related to providing of security guard services.
(5) All instructors providing firearms training shall have the following qualifications:
(a) current Peace Officers Standards and Training firearms instructors certification; or
(b) current certification as a firearms instructor by the National Rifle Association, a Utah law enforcement agency, a Federal law enforcement agency, a branch of the United States military, or other qualification or certification found by the director to be equivalent.
(6) All approved basic education and training programs shall maintain training records on each individual trained including the dates of attendance at training, a copy of the instruction given, and the location of the training. These records shall be maintained in the files of the education and training program for at least three years.
(7) In the event an approved provider of basic education and training ceases to engage in business, the provider shall establish a method approved by the division by which the records of the education and training shall continue to be available for a period of at least three years after the education and training is provided.
R156-63-603 Operating Standards - Content of Approved Basic Education and Training Program for Armed Private Security Officers.
An approved basic education and training program for armed private security officers shall have the following components:
(1) at least eight hours of basic classroom instruction to include the following:
(a) the nature and role of private security;
(b) state laws and rules applicable to private security;
(c) legal responsibilities of private security;
(d) civil and criminal considerations;
(e) situational response evaluations;
(f) ethics;
(g) use of deadly force;
(h) observation and description;
(i) report writing;
(j) witness statements;
(k) courtroom testimony;
(l) industrial accidents;
(m) civil and criminal incidents;
(n) crimes in progress;
(o) armed patrol techniques;
(p) unarmed patrol techniques;
(q) fixed post techniques;
(r) sexual harassment in the work place; and
(s) a final examination which competently examines the student in the subjects included in the approved program of education and training.
(2) at least six hours of classroom firearms instruction to include the following:
(a) the weapon and its ammunition;
(b) the use of factory loaded ammunition only;
(c) the care and cleaning of the weapon;
(d) cleaning equipment options;
(e) barrel and cylinder maintenance;
(f) no alterations of firing mechanism;
(g) weapons inspection review procedures;
(h) firearm safety on duty;
(i) firearm safety at home;
(j) firearm safety on range;
(k) ethical restraints on weapon use;
(l) legal restraints on weapon use;
(m) use of deadly force under Utah law and the provisions of Title 76, Chapter 2, Part 4 and;
(n) the instruction that armed private security officers shall not fire their weapon unless there is an eminent threat to life and at no time will the weapon be drawn as a threat or means to force compliance with any verbal directive; and
(3) at least six hours of firearms instruction on the range to include the following:
(a) demonstration of appropriate techniques of shooting;
(b) explanation of the difference between flash sight and sight picture; and
(c) a recognized practical pistol course on which the applicant achieves a minimum score of 80%.
R156-63-604 Operating Standards - Content of Approved Basic Education and Training Program for Unarmed Private Security Officers.
An approved basic education and training program for unarmed private security officers shall have the following components:
(1) at least eight hours of basic classroom instruction to include the following:
(a) the nature and role of private security;
(b) state laws and rules applicable to private security;
(c) legal responsibilities of private security;
(d) civil and criminal considerations;
(e) situational response evaluations;
(f) ethics;
(g) use of deadly force;
(h) observation and description;
(i) report writing;
(j) witness statements;
(k) courtroom testimony;
(l) industrial accidents;
(m) civil and criminal incidents;
(n) crimes in progress;
(o) unarmed patrol techniques;
(p) fixed post techniques;
(q) sexual harassment in the work place;
(r) a final examination which competently examines the student in the subjects included in the approved program of education and training.
R156-63-605 Operating Standards - Uniforms.
(1) All unarmed and armed private security officers while on duty shall wear the uniform of their contract security company employer unless assigned to work undercover.
(2) Uniforms worn by armed or unarmed private security officers shall be easily distinguished from the uniform of any public law enforcement agency.
R156-63-606 Operating Standards - Badges.
Badges may be worn under the following conditions:
(1) they do not carry the seal of the state of Utah nor have the words "State of Utah";
(2) they shall contain the word "Security" and may contain the name of the company; and
(3) the use of a star badge with any number of points on a uniform, in writing, advertising, letterhead, or other written communication is prohibited.
R156-63-607 Operating Standards - Criminal Status of Officer, Qualifying Agent, Director, Partner, Proprietor, Private Security Officer or Manager of Contract Security Companies.
In the event an officer, qualifying agent, director, partner, proprietor, private security officer, or any management personnel having direct responsibility for managing operations of the contract security company is found guilty of a felony, or of a misdemeanor which impacts upon that individual's ability to function within the security industry, said company shall within ten days reorganize and exclude said individual from participating at any level or capacity in the management, operations, sales, ownership, or employment of that company.
R156-63-608 Operating Standards - Implying an Association with Public Law Enforcement Prohibited.
(1) No contract security company shall use any name which implies intentionally or otherwise that they are connected or associated with any public law enforcement agency.
(2) No contract security company shall permit the use of the words "special police", "special officer", "cop", or any other words of a similar nature whether used orally or appearing in writing or on any uniform, badge, or cap.
(3) No person licensed under this chapter shall use words or designations which would cause a reasonable person to believe he is associated with a public law enforcement agency.
R156-63-609 Operating Standards - Proper Identification of Private Security Officers.
All armed and unarmed private security officers shall carry a valid security license together with a Utah identification card issued by the Division of Driver License or a current Utah driver license whenever he is performing the duties of an armed or unarmed private security officer and shall exhibit said license and identification upon request.
R156-63-610 Operating Standards - Vehicles.
No contract security company or its personnel shall utilize a vehicle bearing a red or blue emergency light or containing a siren, bell, or other non-standard signaling device.
R156-63-611 Operating Standards - Operational Procedures Manual.
(1) Each contract security company shall develop and maintain an operational procedures manual which includes the following topics:
(a) detaining or arresting;
(b) restraining, detaining, and search and seizure;
(c) felony and misdemeanor definitions;
(d) observing and reporting;
(e) ingress and egress control;
(f) natural disaster preparation;
(g) alarm systems, locks, and keys;
(h) radio and telephone communications;
(i) crowd control;
(j) public relations;
(k) personal appearance and demeanor;
(l) bomb threats;
(m) fire prevention;
(n) mental illness;
(o) supervision;
(p) criminal justice system;
(q) code of ethics for private security officers; and
(r) sexual harassment in the workplace.
(2) The operations and procedures manual shall be immediately available to the division upon request.
R156-63-612 Operating Standards - Display of License.
The license issued to a contract security company shall be prominently displayed in the company's principal place of business and a copy of the license shall be displayed prominently in all branch offices.
[Indexing]
KEY: licensing, security guards
April 1, 1999
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
58-1-106
(1)
58-1-202
(1)
58-63-101
