Oklahoma -
Title 59. Professions and Occupations
Chapter 43 - Alarm Industry Act
Section 1800.6 - License Requirement
This Statute Will Be Superceded
Effective: 01/01/2007 (See New Statute Effective 01/01/2007 - Chapter 43 - Alarm
and Locksmith Industry Act)
No person shall engage in an alarm industry business in this state without first
having obtained a license pursuant to the provisions of the Alarm Industry Act.
Provided, every person engaged in an alarm industry business in this state on
the effective date of the Alarm Industry Act shall have ninety (90) days in
which to apply to the Commissioner of Health for a license. A person applying
for a license within this ninety-day period may continue business pending a
final determination by the Commissioner of his application. Additional time
beyond the ninety-day period may be granted by the Commissioner.
Section 1800.7 - Qualifications
This Statute Will Be Superceded
Effective: 01/01/2007
A. Any person applying for a license to engage in an alarm industry business
pursuant to the Alarm Industry Act shall provide evidence to the Committee that
the individual within this state having direct supervision over the function and
local operations of such alarm industry business or a branch thereof has the
following qualifications:
1. Is at least twenty-one (21) years of age;
2. Has not been declared by any court of competent jurisdiction incompetent by
reason of mental defect or disease, and has not been restored to competency;
3. Is not a habitual user of intoxicating liquors or habit-forming drugs;
4. Has not been discharged from the Armed Services of the United States under
other than honorable conditions;
5. Is of good moral character; and
6. Meets such other standards as may be established by the Board relating to
experience or knowledge of the alarm industry.
B. The applicant shall advise the Committee and furnish full information on each
individual described in subsection A of this section of any conviction of a
felony or any crime involving moral turpitude for which a full pardon has not
been granted and furnish a recent photograph of a type prescribed by the Board
and two classifiable sets of fingerprints of such individual.
Section 1800.8 - Application for Company License - Contents - Fees
This Statute Will Be Superceded
Effective: 01/01/2007
A. An application for a company license shall include:
1. The address of the principal office of the applicant and the address of each
branch office of the applicant located within this state;
2. The name per business location under which the applicant intends to do
business as a licensee;
3. A statement as to the extent and scope of the applicant's alarm industry
business and all other businesses in which the applicant is engaged in this
state;
4. A recent photograph of a type prescribed by the Board of the applicant, if
the applicant is a sole proprietor, or of each officer and of each partner or
shareholder who owns a twenty-five percent (25%) or greater interest in the
applicant, if the applicant is an entity;
5. Two classifiable sets of fingerprints of the applicant, if the applicant is a
sole proprietor, or of each officer and of each partner or shareholder who owns
a twenty-five percent (25%) or greater interest in the applicant, if the
applicant is an entity; and
6. Such other information, statements or documents as may be required by the
Board.
B. An applicant for an individual license shall provide such documents,
statements or other information as may be required by the State Board of Health,
including two classifiable sets of fingerprints of the applicant. The
fingerprints may be used for a national criminal history record check as defined
by Section 150.9 of Title 74 of the Oklahoma Statutes.
C. Fees for license and renewal issued pursuant to the Alarm Industry Act shall
be adopted by the Board pursuant to Section 1-106.1 of Title 63 of the Oklahoma
Statutes. Provided, the fees provided for in this subsection shall not exceed
Two Hundred Fifty Dollars ($250.00). An applicant shall pay the license fee at
the time he makes application.
Section 1800.10 - License - Requirements
This Statute Will Be Superceded
Effective: 01/01/2007
A. A license shall not be altered or assigned.
B. A company license shall be posted in a conspicuous place in each alarm
industry business location of the licensee.
C. A company licensee shall notify the Committee within fourteen (14) days of
any change of information furnished on his application for license or on his
license including, but not limited to, change of ownership, address, business
activities, or any developments related to the qualifications of the licensee or
the individual described in Section 1800.7 of this title. If the licensee for
any reason ceases to engage in an alarm industry business in this state, the
licensee shall notify the Committee within fourteen (14) days of such cessation.
If the required notice of cessation is not given to the Committee within
fourteen (14) days, the license may be suspended or revoked by the Commissioner
on recommendation of the Committee.
D. No person shall represent falsely that he is licensed or employed by a
licensee.
E. Each company licensee shall maintain a record containing such information
relative to his employees as may be required by the Board.
Section 1800.11 - Responsibilities of Licensee
This Statute Will Be Superceded
Effective: 01/01/2007
The licensee shall be responsible to the Committee in matters of conduct of
business activities covered by the Alarm Industry Act. The licensee shall be
responsible for the activities on the part of the licensee's employees. For
purposes of the Alarm Industry Act, improper conduct on the part of said
employees which occurs within the scope of employment shall be considered by the
Committee as acts of the licensee.
Section 1800.12 - Authority to Levy and Collect Charges for Alarm Installation
Connections
This Statute Will Be Superceded
Effective: 01/01/2007
A. Any municipality or county may levy and collect reasonable charges for alarm
installation connections located in or at a police or fire department which is
owned, operated or monitored by the municipality or county. Any municipality or
county may require discontinuance of service of any alarm signal device which,
due to mechanical malfunction or faulty equipment, causes excessive false alarms
and, in the opinion of the appropriate county or municipal official, becomes a
detriment to the functions of the department involved. The municipality or
county may cause the disconnection of the device until the same is repaired to
the satisfaction of the appropriate official, but shall advise the owner or user
of the device of the disconnection in advance or as soon as reasonably
practicable. The municipality or county may levy and collect reasonable
reconnection fees. Mechanical malfunction and faulty equipment shall not
include, for the purpose of the Alarm Industry Act, false alarms caused by human
error or an act of God.
B. No municipality may adopt any ordinance concerning the licensing of any alarm
industry business which is or may be licensed pursuant to the Alarm Industry
Act.
Section 1800.13 - License Suspension or Revocation
This Statute Will Be Superceded
Effective: 01/01/2007
A. The Commissioner of Health on recommendation of the Committee may suspend any
license, upon the conviction of any individual named on the license or on the
application for license of a felony, for a period not to exceed thirty (30) days
pending a full investigation by the Committee. Such investigation shall be
initiated within the thirty-day period of the suspension. A final determination
by the Committee shall result in either removal of the suspension or such
sanction as the Commissioner considers appropriate, as provided by the Alarm
Industry Act.
B. The Commissioner may revoke or suspend any license, reprimand any licensee or
deny any application for license or renewal if, in the judgment of the
Committee:
1. The applicant or licensee has violated any provision of the Alarm Industry
Act or any rule or regulation promulgated hereunder;
2. The applicant or licensee has committed any offense resulting in his
conviction of a felony or crime involving moral turpitude. Provided, however, if
the applicant has had no felony convictions at least five (5) years prior to
making application for a license and said applicant has shown the Committee that
he has been rehabilitated, the Committee may recommend said applicant for a
license;
3. The applicant or licensee has practiced fraud, deceit, or misrepresentation;
4. The applicant or licensee has made a material misstatement in any information
required by the State Board of Health; or
5. The applicant or licensee has demonstrated incompetence or untrustworthiness
in his actions.
C. The Committee shall, before final action under subsection B of this section,
provide thirty (30) days of written notice to the applicant or licensee
involved, of the action intended and give sufficient opportunity for such person
to request a hearing before the Committee and the Commissioner and to be
represented by an attorney. A hearing shall be scheduled by the Committee if so
requested.
D. In the event the Commissioner denies the application for, or revokes or
suspends, any license or imposes any reprimand, a record of such action shall be
in writing and officially signed by the Commissioner. The original copy shall be
filed with the Board and a copy mailed to the affected applicant or licensee
within two (2) days of the final action taken by the Commissioner.
E. Notice of the suspension or revocation of any license by the Commissioner
shall be sent by the Committee to law enforcement agencies and fire departments
in the principal areas of operation of the licensee.
F. A suspended license shall be subject to expiration and may be renewed as
provided by the Alarm Industry Act, regardless of suspension. Provided, such
renewal shall not remove the suspension.
G. A revoked license terminates on the date of revocation and cannot be
reinstated. Provided, the Commissioner may reverse the revocation action. Any
licensee whose license is revoked shall apply for a new license and meet all
requirements for a license as stated in the Alarm Industry Act prior to engaging
in any alarm industry business activities. The Committee and the Commissioner
shall take action on the new application and may require additional safeguards
against such acts by the applicant as may have been the cause of the revocation
of the prior license.