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Utah Code Annotated 1953, Amended 1996, Title 58, Chapter 63, etc.

UTAH CODE ANNOTATED 1953, AMENDED 1996, TITLE 58, CHAPTER 63
1. 58-63-301

Licensure required - License classifications.

(1) A license is required to engage in the practice of a contract security company, armed private security officer, or unarmed private security officer, except as specifically provided in Section 58-63-304 , 58-63-310 , or 58-1-307 .

(2) The division shall issue to a person who qualifies under this chapter a license in the classifications:

(a) contract security company;

(b) armed private security officer; or

(c) unarmed private security officer.

58-63-302Qualifications for licensure.
(1) Each applicant for licensure as a contract security company shall:

(a) submit an application in a form prescribed by the division;

(b) pay a fee determined by the department under Section 63-38-3.2 ;

(c) have a qualifying agent who is a resident of the state and an officer, director, partner, proprietor, or manager of the applicant who:

(i) passes an examination component established by rule by the division in collaboration with the board; and

(ii) (A) demonstrates 6,000 hours of experience as a manager, supervisor, or administrator of a contract security company; or

(B) demonstrates 6,000 hours of supervisory experience acceptable to the division in collaboration with the board with a federal, United States military, state, county, or municipal law enforcement agency;

(d) if a corporation, provide:

(i) the names, addresses, dates of birth, and social security numbers of all corporate officers, directors, and those responsible management personnel employed within the state or having direct responsibility for managing operations of the applicant within the state; and

(ii) the names, addresses, dates of birth, and social security numbers, of all shareholders owning 5% or more of the outstanding shares of the corporation, except this may not be required if the stock is publicly listed and traded;

(e) if a limited liability company, provide:

(i) the names, addresses, dates of birth, and social security numbers of all company officers, and those responsible management personnel employed within the state or having direct responsibility for managing operations of the applicant within the state; and

(ii) the names, addresses, dates of birth, and social security numbers of all individuals owning 5% or more of the equity of the company;

(f) if a partnership, the names, addresses, dates of birth, and social security numbers of all general partners, and those responsible management personnel employed within the state or having direct responsibility for managing operations of the applicant within the state;

(g) if a proprietorship, the names, addresses, dates of birth, and social security numbers of the proprietor, and those responsible management personnel employed within the state or having direct responsibility for managing operations of the applicant within the state;

(h) be of good moral character in that officers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that when considered with the duties and responsibilities of a contract security company is considered by the division and the board to indicate that the best interests of the public are not served by granting the applicant a license;

(i) document that none of the applicant's officers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel:

(i) have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored; and

(ii) currently suffer from habitual drunkenness or from drug addiction or dependence;

(j) file and maintain with the division evidence of:

(i) comprehensive general liability insurance in form and in amounts to be established by rule by the division in collaboration with the board;

(ii) workers' compensation insurance that covers employees of the applicant in accordance with applicable Utah law;

(iii) registration with the Division of Corporations and Commercial Code; and

(iv) registration as required by applicable law with the:

(A) Division of Workforce Information and Payment Services in the Department of Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act;

(B) State Tax Commission; and

(C) Internal Revenue Service; and

(k) meet with the division and board if requested by the division or board.

(2) Each applicant for licensure as an armed private security officer shall:

(a) submit an application in a form prescribed by the division;

(b) pay a fee determined by the department under Section 63-38-3.2 ;

(c) be of good moral character in that the applicant has not been convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that when considered with the duties and responsibilities of an armed private security officer is considered by the division and the board to indicate that the best interests of the public are not served by granting the applicant a license;

(d) not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored;

(e) not be currently suffering from habitual drunkenness or from drug addiction or dependence;

(f) successfully complete basic education and training requirements established by rule by the division in collaboration with the board;

(g) successfully complete firearms training requirements established by rule by the division in collaboration with the board;

(h) pass the examination requirement established by rule by the division in collaboration with the board; and

(i) meet with the division and board if requested by the division or the board.

(3) Each applicant for licensure as an unarmed private security officer shall:

(a) submit an application in a form prescribed by the division;

(b) pay a fee determined by the department under Section 63-38-3.2 ;

(c) be of good moral character in that the applicant has not been convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that when considered with the duties and responsibilities of an unarmed private security officer is considered by the division and the board to indicate that the best interests of the public are not served by granting the applicant a license;

(d) not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored;

(e) not be currently suffering from habitual drunkenness or from drug addiction or dependence;

(f) successfully complete basic education and training requirements established by rule by the division in collaboration with the board;

(g) pass the examination requirement established by rule by the division in collaboration with the board; and

(h) meet with the division and board if requested by the division or board.

(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the division may make rules establishing when Federal Bureau of Investigation records shall be checked for applicants.

(5) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c), and (3)(c), the division shall provide an appropriate number of copies of fingerprint cards to the Department of PublicSafety with the division's request to:

(a) conduct a search of records of the Department of Public Safety for criminal history information relating to each applicant for licensure under this chapter and each applicant's officers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel; and

(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant requiring a check of records of the F.B.I. for criminal history information under this section.

(6) The Department of Public Safety shall send to the division:

(a) a written record of criminal history, or certification of no criminal history record, as contained in the records of the Department of Public Safety in a timely manner after receipt of a fingerprint card fromthe division and a request for review of Department of Public Safety records; and

(b) the results of the F.B.I. review concerning an applicant in a timely manner after receipt of information from the F.B.I.

(7) (a) The division shall charge each applicant a fee, in accordance with Section 63-38-3.2 , equal to the cost of performing the records reviews under this section.

(b) The division shall pay the Department of Public Safety the costs of all records reviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviews under this chapter.

(8) Information obtained by the division from the reviews of criminal history records of the Department of Public Safety and the F.B.I. shall be used or disseminated by the division only for the purpose of determining if an applicant for licensure under this chapter is qualified for licensure.

58-63-303Term of license - Expiration - Renewal.

(1) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule. The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.

(2) Each license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308 .
58-63-304Exemptions from licensure.

(1) In addition to the exemptions from licensure in Section 58-1-307 , the following individuals may engage in acts regulated under this chapter without being licensed under this chapter:

(a) a peace officer employed by or licensed as a contract security company; and

(b) a person employed by a contract security company for the sole purpose of operating or staffing security apparatus, including a magnetometer, x-ray viewing device, or other device approved by rule of the division.

(2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the division may make rules approving security apparatus under Subsection (1)(b).
58-63-305Status of licenses held on the effective date of this chapter.
An individual holding a valid Utah license as a contract security company, armed private security officer, or unarmed private security officer under Title 53, Chapter 5, Part 4, Security Personnel Licensing and Regulation Act, on July 1, 1995, is:

(1) on or after July 1, 1995, considered to hold a current license under this chapter in the comparable classification of contract security company, armed private security officer, or unarmed private security officer; and

(2) subject to this chapter.

58-63-306 Replacement of qualifying agent.
If the qualifying agent of a contract security company ceases to perform the agent's duties on a regular basis, the licensee shall notify the division within 15 days by registered or certified mail, and shall replace the qualifying agent within 30 days after the time required for notification to the division.

58-63-307Use of firearms.

(1) An individual licensed as an armed private security officer may carry a firearm only while acting as an armed private security officer in accordance with this chapter and rules made under this chapter.

(2) An individual licensed as an armed private security officer is exempt from the provisions of Sections 76-10-505 and 53-5-704 while acting as an armed private security officer in accordance with this chapter and rules made under this chapter.

58-63-308Evidence of licensure.
An individual licensed as an armed private security officer or unarmed private security officer shall:

(1) carry a copy of the individual's license on the individual's person at all times while acting as a licensee; and

(2) display the license upon the request of a peace officer, a representative of the division, or a member of the public.

58-63-309Operating standards - Rulemaking.
The division in collaboration with the board shall establish by rule operating standards that shall apply to the conduct of licensees under this chapter, including rules relating to use of uniforms, badges, insignia, designations, and representations used by or associated with a licensees practice under this chapter.

58-63-310Interim permits.
(1) Upon receipt of a complete application for licensure in accordance with Section 58-63-302 , an applicant for licensure as an armed private security officer or unarmed private security officer may be issued an interim permit.

(2) (a) Each interim permit shall expire 90 days after it is issued or on the date on which the applicant is issued a license, whichever is earlier.

(b) The division may reissue an interim permit if the delay in approving a license is beyond the control or influence of the interim permit holder.