58-63-302 - Qualifications for licensure.
58-63-302. Qualifications for licensure.
(1) Each applicant for licensure as an armored car company or a contract securitycompany shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) have a qualifying agent who:
(i) (A) is a resident of the state and an officer, director, partner, proprietor, or manager ofthe applicant; and
(B) passes an examination component established by rule by the division in collaborationwith the board; and
(ii) (A) demonstrates 6,000 hours of experience as a manager, supervisor, oradministrator of an armored car company or a contract security company; or
(B) demonstrates 6,000 hours of supervisory experience acceptable to the division incollaboration with the board with a federal, United States military, state, county, or municipallaw enforcement agency;
(d) if a corporation, provide:
(i) the names, addresses, dates of birth, and Social Security numbers of all corporateofficers, directors, and those responsible management personnel employed within the state orhaving 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 shareholdersowning 5% or more of the outstanding shares of the corporation, unless waived by the division ifthe 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 companyofficers, and those responsible management personnel employed within the state or having directresponsibility for managing operations of the applicant within the state; and
(ii) the names, addresses, dates of birth, and Social Security numbers of all individualsowning 5% or more of the equity of the company;
(f) if a partnership, the names, addresses, dates of birth, and Social Security numbers ofall general partners, and those responsible management personnel employed within the state orhaving direct responsibility for managing operations of the applicant within the state;
(g) if a proprietorship, the names, addresses, dates of birth, and Social Security numbersof the proprietor, and those responsible management personnel employed within the state orhaving direct responsibility for managing operations of the applicant within the state;
(h) have good moral character in that officers, directors, shareholders described inSubsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not beenconvicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) a crime that when considered with the duties and responsibilities of a contractsecurity company or an armored car company by the division and the board indicates that the bestinterests of the public are not served by granting the applicant a license;
(i) document that none of the applicant's officers, directors, shareholders described inSubsection (1)(d)(ii), partners, proprietors, and responsible management personnel:
(i) have been declared by a 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 a form and in amounts established byrule by the division in collaboration with the board;
(ii) workers' compensation insurance that covers employees of the applicant inaccordance 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) Unemployment Insurance Division in the Department of Workforce Services, forpurposes 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 63J-1-504;
(c) have good moral character in that the applicant has not been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) a crime that when considered with the duties and responsibilities of an armed privatesecurity officer by the division and the board indicates that the best interests of the public are notserved by granting the applicant a license;
(d) not have been declared incompetent by a court of competent jurisdiction by reason ofmental defect or disease and not been restored;
(e) not be currently suffering from habitual drunkenness or from drug addiction ordependence;
(f) successfully complete basic education and training requirements established by ruleby the division in collaboration with the board;
(g) successfully complete firearms training requirements established by rule by thedivision in collaboration with the board;
(h) pass the examination requirement established by rule by the division in collaborationwith 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 63J-1-504;
(c) have good moral character in that the applicant has not been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) a crime that when considered with the duties and responsibilities of an unarmedprivate security officer by the division and the board indicates that the best interests of the publicare not served by granting the applicant a license;
(d) not have been declared incompetent by a court of competent jurisdiction by reason ofmental defect or disease and not been restored;
(e) not be currently suffering from habitual drunkenness or from drug addiction ordependence;
(f) successfully complete basic education and training requirements established by ruleby the division in collaboration with the board;
(g) pass the examination requirement established by rule by the division in collaborationwith the board; and
(h) meet with the division and board if requested by the division or board.
(4) Each applicant for licensure as an armored car security officer shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) have good moral character in that the applicant has not been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) a crime that when considered with the duties and responsibilities of an armored carsecurity officer by the division and the board indicates that the best interests of the public are notserved by granting the applicant a license;
(d) not have been declared incompetent by a court of competent jurisdiction by reason ofmental defect or disease and not been restored;
(e) not be currently suffering from habitual drunkenness or from drug addiction ordependence;
(f) successfully complete basic education and training requirements established by ruleby the division in collaboration with the board;
(g) successfully complete firearms training requirements established by rule by thedivision in collaboration with the board;
(h) pass the examination requirements established by rule by the division in collaborationwith the board; and
(i) meet with the division and board if requested by the division or the board.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedivision may make a rule establishing when the division shall request a Federal Bureau ofInvestigation records' review for an applicant.
(6) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c),(3)(c), and (4)(c), the division shall provide an appropriate number of copies of fingerprint cardsto the Department of Public Safety with the division's request to:
(a) conduct a search of records of the Department of Public Safety for criminal historyinformation relating to each applicant for licensure under this chapter and each applicant'sofficers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, andresponsible management personnel; and
(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicantrequiring a check of records of the F.B.I. for criminal history information under this section.
(7) The Department of Public Safety shall send the division:
(a) a written record of criminal history, or certification of no criminal history record, ascontained in the records of the Department of Public Safety in a timely manner after receipt of afingerprint card from the division and a request for review of Department of Public Safetyrecords; 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.
(8) (a) The division shall charge each applicant a fee, in accordance with Section63J-1-504, 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 recordsreviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviewsunder this chapter.
(9) The division shall use or disseminate the information it obtains from the reviews ofcriminal history records of the Department of Public Safety and the F.B.I. only to determine if anapplicant for licensure under this chapter is qualified for licensure.
Amended by Chapter 183, 2009 General Session