2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 93: PRIVATE SECURITY GUARDS › 32 §9405. License qualifications

§9405. License qualifications
1.  Qualifications.
[PL 1987, c. 170, §7 (RP).]
1-A.  Criteria for issuing license.
The commissioner shall issue, upon written application, a license to be a contract security company to any person who has demonstrated good moral character and who meets the following requirements:
A. Is 18 years of age or older;   [PL 1987, c. 170, §8 (NEW).]
B. Is a citizen or resident alien of the United States;   [PL 1987, c. 170, §8 (NEW).]
C. Has not been dishonorably discharged from military service;   [PL 1987, c. 170, §8 (NEW).]
D. Has not been convicted of a crime punishable by one year or more imprisonment or, within the past 5 years, of any crime enumerated in section 9412;   [PL 1987, c. 170, §8 (NEW).]
E. Has not been adjudicated to have committed a juvenile offense involving conduct which, if committed by an adult, is punishable by one year or more imprisonment or, within the past 5 years, a juvenile offense involving conduct which, if committed by an adult, is a crime enumerated in section 9412;   [PL 1987, c. 170, §8 (NEW).]
F. Submits an application that contains the following, to be answered by the applicant:
(1) Full name;
(2) Full current address and addresses for the prior 5 years;
(3) The date and place of birth, height, weight and color of eyes;
(4) A record of previous issuances of, refusals to issue and renew, suspensions and revocations of a license to be a contract security company. The record of previous refusals to issue alone does not constitute cause for refusal and the record of previous refusals to renew and revocations alone constitutes cause for refusal only as provided in section 9411‑A;
(5) The following questions.
(a) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a crime that is punishable by one year or more of imprisonment or for any other crime alleged to have been committed by you with the use of a dangerous weapon, as defined in Title 17‑A, section 2, subsection 9, or of a firearm against another person?
(b) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that involves conduct that, if committed by an adult, would be punishable by one year or more of imprisonment or for any other juvenile offense alleged to have been committed by you with the use of a dangerous weapon, as defined in Title 17‑A, section 2, subsection 9, or of a firearm against another person?
(c) Have you ever been convicted of a crime described in division (a) or adjudicated as having committed a juvenile offense as described in division (b)?
(d) Is there a formal charging instrument now pending against you in this jurisdiction for any crime enumerated in section 9412?
(e) Is there a formal charging instrument now pending against you in this jurisdiction for a juvenile offense that involves conduct that, if committed by an adult, would be a crime enumerated in section 9412?
(f) Have you within the past 5 years been convicted of a crime described in division (d) or adjudicated as having committed a juvenile offense as described in division (e)?
(g) Are you a fugitive from justice?
(h) Are you a drug user or a person with substance use disorder?
(i) Do you have a mental disorder that causes you to be potentially dangerous to yourself or others?
(j) Do you currently have a guardian or conservator who was appointed for you under Title 18‑C, Article 5, Part 3 or 4?
(k) Have you been dishonorably discharged from the military forces within the past 5 years?
(l) Are you an illegal alien?;
(6) A list of employees as of the date the applicant signs the application who will perform security guard functions within the State. This list must identify each employee by the employee's full name, full current address and addresses for the prior 5 years and the employee's date and place of birth, height, weight and color of eyes. For each employee on this list who will perform security guard functions at the site of a labor dispute or strike, the applicant shall have previously investigated the background of the employee to ensure that the employee meets all of the requirements to be a security guard as contained in section 9410‑A, subsection 1. If the employee meets all of the requirements to be a security guard, the applicant shall also submit a statement, signed by the applicant, stating that the applicant has conducted this background investigation and that the employee meets the requirements contained in section 9410‑A, subsection 1; and
(7) A photograph of the applicant taken within 6 months of the date the applicant affixes the applicant's signature to the application; and   [PL 2019, c. 417, Pt. A, §108 (RPR); PL 2019, c. 417, Pt. B, §14 (AFF).]
G. Does the following:
(1) At the request of the commissioner or his designee, takes whatever action is required of him by law to allow the commissioner or his designee to obtain from: Hospitals and mental institutions either within or outside of the State, limited to records of involuntary commitments; the courts; law enforcement agencies; and the military, information relevant to the following:
(a) The ascertainment of whether the information supplied on the application or any documents made a part of the application is true and correct;
(b) The ascertainment of whether each of the additional requirements of this section has been met; and
(c) Section 9411‑A;
(2) If it becomes necessary to resolve any questions as to his identity, submits to having his fingerprints taken by the commissioner or his designee; and
(3) Submits the application fee in accordance with section 9407, subsection 1.   [PL 1987, c. 170, §8 (NEW).]
[PL 2019, c. 417, Pt. A, §108 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Good moral character.
[PL 1987, c. 170, §9 (RP).]
2-A.  Complete application; certification by applicant.
The requirements set out in subsection 1‑A constitute a complete application. By affixing his signature to the application, the applicant certifies the following:
A. That the statements he makes in the application and any documents he makes a part of the application are true and correct;   [PL 1987, c. 170, §10 (NEW).]
B. That he understands an affirmative answer to any of the questions in subsection 1‑A, paragraph F, subparagraph (5), except the questions in divisions (a), (b), (d) and (e), is cause for refusal; and   [PL 1987, c. 170, §10 (NEW).]
C. That he understands any false statements made in the application or any document made a part of the application may result in prosecution as provided in section 9412, subsection 1, paragraph D.   [PL 1987, c. 170, §10 (NEW).]
[PL 1987, c. 170, §10 (NEW).]
2-B.  Copy of laws furnished to applicant.
A copy of this chapter and the definitions from other chapters which are used in this chapter shall be provided to every applicant.
[PL 1987, c. 170, §10 (NEW).]
2-C.  Good moral character.
The commissioner, in judging good moral character, shall make his determination in writing based solely upon information recorded by governmental entities within 5 years of receipt of the application, including, but not limited to, the following matters:
A. Information of record relative to incidents of abuse by the applicant of family or household members provided pursuant to Title 19‑A, section 4114, subsection 1;   [PL 2021, c. 647, Pt. B, §61 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
B. Information of record relative to 3 or more convictions of the applicant for crimes punishable by less than one year imprisonment or 3 or more adjudications of the applicant for juvenile offenses involving conduct which, if committed by an adult, is punishable by less than one year imprisonment;   [PL 1987, c. 170, §10 (NEW).]
C. Information of record relative to 3 or more adjudications of the applicant for civil violations;   [PL 1987, c. 170, §10 (NEW).]
D. Information of record relative to license suspensions under section 9411‑A; or   [PL 1987, c. 170, §10 (NEW).]
E. Information of record indicating that the applicant has engaged in reckless or negligent conduct.   [PL 1987, c. 170, §10 (NEW).]
[PL 2021, c. 647, Pt. B, §61 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
3.  Who must meet qualifications.
The qualifications enumerated in this section must be met:
A. If the applicant is a partnership, by each partner;   [PL 1981, c. 113, §2 (NEW).]
B. If the applicant is a corporation, by an agent of that corporation; or   [PL 1981, c. 113, §2 (NEW).]
C. If the applicant is other than a partnership or corporation, by the natural person making the application.   [PL 1981, c. 113, §2 (NEW).]
[PL 1981, c. 113, §2 (NEW).]
4.  Access to confidential records.
Notwithstanding that certain records retained by governmental entities are by law made confidential, yet are necessary to the commissioner's determination of the applicant's good moral character and compliance with the additional requirements of this section and of section 9411‑A, the following records shall be made available, at the request of the commissioner or his designee, for inspection by and dissemination to the commissioner or his designee:
A. The records pertaining to involuntary commitments to Riverview Psychiatric Center and Dorothea Dix Psychiatric Center;   [PL 1987, c. 170, §11 (NEW); PL 2005, c. 236, §§3, 4 (REV).]
B. The records compiled pursuant to Title 19‑A, section 4114, subsection 1;   [PL 2021, c. 647, Pt. B, §62 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
C. Juvenile and adult crime records; and   [PL 1987, c. 170, §11 (NEW).]
D. Military records.   [PL 1987, c. 170, §11 (NEW).]
[PL 2021, c. 647, Pt. B, §62 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
SECTION HISTORY
PL 1981, c. 113, §2 (NEW). PL 1987, c. 170, §§7-11 (AMD). PL 1995, c. 694, §§D57,58 (AMD). PL 1995, c. 694, §E2 (AFF). PL 2005, c. 236, §§3,4 (REV). PL 2017, c. 402, Pt. C, §86 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2017, c. 407, Pt. A, §142 (AMD). PL 2019, c. 417, Pt. A, §108 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 647, Pt. B, §§61, 62 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF).