Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 35 - Regulation of Private Security Industry › Subchapter 1 - General Provisions › Section 390:35-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Act"
means the Oklahoma Security Guard and Private Investigator Act, Title 59, O.S.,  Section  1750.1,  et seq.
"Agency"
means a private security agency or private investigative agency, as defined in this Act.
"Applicant"
means a person, or as it relates to an agency license, any of its owners, partners, directors, or in the case of a corporation, each officer and registered agent (branch manager), applying for a license under the provisions of the Act.
"Approved school"
means an organization or institution authorized by CLEET to conduct private security training pursuant to the Act.
"Armored car"
means any vehicle operated, in the normal course of business, by an armored car company, while such vehicle is engaged in the transportation and protection of cash, securities, negotiables and/or other items of unusual value.
"Armored car company"
means a company that knowingly and willingly transports and protects cash, securities, negotiables and/or other items of unusual value for a fee or other remuneration.
"Armored car employee"
means an individual who provides protection for cash, securities, negotiables and/or other items of unusual value transported by an armored car company.
"Armed private investigator"
means an informal term, referring to a licensed private investigator who is also a licensed armed security guard, and who is authorized to carry a firearm.
"Armed security guard"
means a security guard who is licensed to carry a firearm.
"CLEET"
means the Council on Law Enforcement Education and Training, and its administrative officers and personnel.
"Client"
means a real person or legal entity having a contract which authorizes services to be provided in return for financial or other considerations.
"Conditional license"
means a temporary license issued, pending completion of a satisfactory background investigation and completion of required training.
"Conflict of interest"
means a conflict or the appearance thereof between the private interests and public obligations of an individual, organization, or other legal entity authorized to conduct business pursuant to the Act.
"Contract"
means, for the purposes of these rules, a contract is an agreement between a person or agency licensed under this Act and a client, to provide security or investigative services, including guards and/or investigators to the client, for a contract labor fee; and where the wages of the guards or investigators are paid by the contractor. Such contracts may be oral or written, or in any combination thereof.
"Contractor"
means, for the purposes of these rules, a contractor is a person or business entity not employed in a direct employer-employee relationship, but instead contracts with a client to provide his services as a security guard or to provide security guards and their services to that client, for a contract labor fee. The term "contractor" shall include "sub-contractor".
"Conviction"
means any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendere, or an "Alford" plea, or otherwise resulting in a suspended sentence or judgment. Conviction does not include any court action in which the court has deferred imposition of judgement and sentence.
"Council"
means the appointed members of the Council on Law Enforcement Education and Training, as defined in Title 70 O.S.,  Section  3311.
"Curriculum"
means the collective, written documentation of the material content of a training course, or any particular phase of training prescribed by the Act, minimally consisting of course objectives, student objectives, lesson plans, training aids, and examinations.
"Director"
means the Director of the Council on Law Enforcement Education and Training, or designated agent.
"Expungement"
means a court order expunging any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendere, or an "Alford" plea, or any plea other than "not guilty," or otherwise. For purposes of these rules, expungement does not include a court order expunging a criminal record because no charges were filed or expunging a criminal record because the accused was acquitted at trial, or because the charges were dismissed on motion of the State prior to entry of any pleas other than "not guilty."
"Full-time employment"
means any security guard, armed or unarmed, or private investigator, who is employed and paid for working twenty-five (25) hours or more per week on a regular basis.
"Instructor"
means a person who directly facilitates learning through means of lecture, group participation, practical exercise, or other means, where there is a direct student-teacher relationship.
"License"
means written authorization in the form of a certificate or identification card, issued by CLEET, under the provisions of the Act, permitting the holder to conduct business as a security guard, armed security guard, private investigator, security agency, or investigative agency.
"Licensee"
means a person or as it relates to an agency license, any of its owners, partners, directors, or in the case of a corporation, each officer and registered agent (branch manager), authorized by CLEET under the provisions of this Act, to lawfully conduct business as a security guard, armed security guard, private investigator, security agency, or investigative agency.
"Over-payment"
means monies in excess of the amount due for a license, permit or fine that is returned to the individual or agency.
"Person"
means any corporation, company, association, operation, firm, partnership, institution, trust, or other form of business association, as well as a natural person.
"Private security"
refers collectively to the fields of occupations described in the Act.
"Publish"
means to make publicly or generally known.
"Reciprocity"
means the mutual recognition of standards and practices of another state, as related to qualifications, background investigation, training, and assessment, for the purposes of professional licensure granted pursuant to the Act.
"School coordinator"
means a person certified by CLEET to coordinate and conduct private security training at an approved school, and arrange or administer psychological examinations to firearms training students.
"Security guard services"
means the providing or coordinating of services of the type described in the definition of security guard in the Act to include but not be limited to prevention of trespass, theft, misappropriation, wrongful concealment of merchandise, goods, money or other tangible items, or providing bodyguard or private watchman services to protect persons or property and shall include those types of services even if provided in part or in whole by active peace officers while working in a private capacity.
"Special event status"
means term denoting that an event has been approved as a special event pursuant to the Act.
"Training course"
means a complete, multi-phase course of instruction required to qualify for a license under the provisions of the Act.
"Training phase"
means a block of training units that comprises a distinct phase in the private security training course.
"Training unit"
means a unit of instruction within a training phase.
Amended at 11 Ok Reg 1289,
							eff 2-16-94 (emergency); Amended at 11 Ok Reg 2853, eff 6-15-94; Amended at 15 Ok
							Reg 3640, eff 7-26-98; Amended at 16 Ok Reg 1200, eff 5-27-99; Amended at 17 Ok
							Reg 2555, eff 6-26-00