Oklahoma -
Title 59. Professions and Occupations
Chapter 43 - Alarm and Locksmith Industry Act
This Statute Will Go Into Effect
On: 01/01/2007
Section 1800.6 - License Requirement
No person shall engage in an alarm or locksmith industry business in this state
without first having obtained a license pursuant to the provisions of the Alarm
and Locksmith Industry Act. Provided, every person engaged in an alarm or
locksmith industry business in this state on the effective date of the Alarm and
Locksmith 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 the person's application. Additional time beyond the
ninety-day period may be granted by the Commissioner.
Section 1800.7 - Qualifications
This Statute Will Go Into Effect
On: 01/01/2007
A. Any person applying for a license to engage in an alarm or locksmith industry
business pursuant to the Alarm and Locksmith Industry Act shall provide evidence
to the Alarm and Locksmith Industry Committee that the individual within this
state having direct supervision over the function and local operations of such
alarm or locksmith 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 or locksmith 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 State
Board of Health and two classifiable sets of fingerprints of such individual.
Section 1800.8 - Application for Company License - Contents - Fees
This Statute Will Go Into Effect
On: 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 or locksmith
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 State Board of Health 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 Board, 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 and Locksmith
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 the applicant makes application.
Section 1800.9 - Issuance of License to Applicants - Renewal - Expiration
This Statute Will Go Into Effect
On: 01/01/2007
A. Upon making proper application, payment of the proper license fee, and
certification of approval by the Committee, the Commissioner of Health shall
issue a license to the applicant. The license shall be valid for a one-year
term.
B. Renewal of a license shall not prohibit disciplinary proceedings for an act
committed prior to the renewal.
C. The State Board of Health may adopt a system under which licenses expire on
various dates throughout the year. For any change in such expiration dates,
license fees shall be prorated on an appropriate periodic basis.
Section 1800.10 - License - Requirements
This Statute Will Go Into Effect
On: 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 or
locksmith industry business location of the licensee.
C. A company licensee shall notify the Alarm and Locksmith Industry Committee
within fourteen (14) days of any change of information furnished on the
licensee's application for license or on the licensee's 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 or locksmith 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 the person is licensed or employed by
a licensee.
E. Each company licensee shall maintain a record containing such information
relative to the licensee's employees as may be required by the State Board of
Health.
Section 1800.11 - Responsibilities of Licensee
This Statute Will Go Into Effect
On: 01/01/2007
The licensee shall be responsible to the Alarm and Locksmith Industry Committee
in matters of conduct of business activities covered by the Alarm and Locksmith
Industry Act. The licensee shall be responsible for the activities on the part
of the licensee's employees. For purposes of the Alarm and Locksmith 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 Go Into Effect
On: 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 and Locksmith 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
or locksmith industry business which is or may be licensed pursuant to the Alarm
and Locksmith Industry Act.
Section 1800.13 - License Suspension or Revocation
This Statute Will Go Into Effect
On: 01/01/2007
A. The Commissioner of Health on recommendation of the Alarm and Locksmith
Industry 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 and Locksmith 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 and
Locksmith Industry Act or any rule or regulation promulgated hereunder;
2. The applicant or licensee has committed any offense resulting in the
applicant's or licensee's conviction of a felony or crime involving moral
turpitude. Provided, however, if the applicant has had no felony convictions at
least ten (10) years prior to making application for a license and said
applicant has shown the Committee that the applicant 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 the applicant's or licensee's 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 State Board of Health 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 and Locksmith 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 and Locksmith Industry Act
prior to engaging in any alarm or locksmith 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.