2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 3 - Licensing › Section 302 - Qualifications for licensure.

Effective 5/3/2023
58-63-302.
Qualifications for licensure.
(1) Each applicant for licensure as an armored car company or 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 63J-1-504;
(c) have a qualifying agent who:
(i) meets with the division and the board and demonstrates that the applicant and the qualifying agent meet the requirements of this section;
(ii) is a resident of the state;
(iii) is responsible management personnel or a company owner of the applicant;
(iv) exercises material day-to-day authority in the conduct of the applicant's business by making substantive technical and administrative decisions and whose primary employment is with the applicant;
(v) is not concurrently acting as a qualifying agent or employee of another armored car company or contract security company and is not engaged in any other employment on a regular basis;
(vi) is not involved in any activity that would conflict with the qualifying agent's duties and responsibilities under this chapter to ensure that the qualifying agent's and the applicant's performance under this chapter does not jeopardize the health or safety of the general public;
(vii) is not an employee of a government agency;
(viii) passes an examination component established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(ix)
(A) demonstrates 6,000 hours of compensated experience as a manager, supervisor, or administrator of an armored car company or 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) provide the name, address, date of birth, social security number, fingerprint card, and consent to a criminal background check in accordance with Section 58-63-302.1 and requirements established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for each company officer, company owner, company proprietor, company trustee, and responsible management personnel with direct responsibility for managing operations of the applicant within the state;
(e) have company officers, company owners, company proprietors, company trustees, and responsible management personnel who have not been convicted of:
(i) a felony; or
(ii) a crime that when considered with the duties and responsibilities of a contract security company or an armored car company by the division and the board indicates that the best interests of the public are not served by granting the applicant a license;
(f) document that none of the persons described in Subsection (1)(e):
(i) have been declared by a court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored; or
(ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
(g) file and maintain with the division evidence of:
(i) comprehensive general liability insurance in a form and in amounts established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(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) Unemployment Insurance Division 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
(h) meet with the division and board if requested by the division or board.
(2) Each applicant for licensure as an armed private security officer:
(a) shall submit an application in a form prescribed by the division;
(b) shall pay a fee determined by the department under Section 63J-1-504;
(c) may not have been convicted of:
(i) a felony; or
(ii) a crime that when considered with the duties and responsibilities of an armed private security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license;
(d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec. 922(g);
(e) may not have been declared incompetent by a court of competent jurisdiction by reason of mental defect or disease and not been restored;
(f) may not be currently suffering from habitual drunkenness or from drug addiction or dependence;
(g) shall successfully complete basic education and training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight hours of classroom or online curriculum;
(h) shall successfully complete firearms training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of 12 hours of training;
(i) shall pass the examination requirement established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(j) shall submit to and pass a background check in accordance with Section 58-63-302.1 and requirements established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(k) shall 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:
(a) shall submit an application in a form prescribed by the division;
(b) shall pay a fee determined by the department under Section 63J-1-504;
(c) may not have been convicted of:
(i) a felony; or
(ii) a crime that when considered with the duties and responsibilities of an unarmed private security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license;
(d) may not have been declared incompetent by a court of competent jurisdiction by reason of mental defect or disease and not been restored;
(e) may not be currently suffering from habitual drunkenness or from drug addiction or dependence;
(f) shall successfully complete basic education and training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight hours of classroom or online curriculum;
(g) shall pass the examination requirement established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(h) shall submit to and pass a background check in accordance with Section 58-63-302.1 and requirements established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(i) shall meet with the division and board if requested by the division or board.
(4) Each applicant for licensure as an armored car security officer:
(a) shall submit an application in a form prescribed by the division;
(b) shall pay a fee determined by the department under Section 63J-1-504;
(c) may not have been convicted of:
(i) a felony; or
(ii) a crime that when considered with the duties and responsibilities of an armored car security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license;
(d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec. 922(g);
(e) may not have been declared incompetent by a court of competent jurisdiction by reason of mental defect or disease and not been restored;
(f) may not be currently suffering from habitual drunkenness or from drug addiction or dependence;
(g) shall successfully complete basic education and training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(h) shall successfully complete firearms training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(i) shall pass the examination requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(j) shall submit to and pass a background check in accordance with Section 58-63-302.1 and requirements established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(k) shall 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, the division may make a rule establishing when the division shall request a Federal Bureau of Investigation records' review for an applicant who is applying for licensure or licensure renewal under this chapter.
Amended by Chapter 223, 2023 General Session