Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 172 - REGULATIONS RELATING TO PRIVATE SECURITY SERVICES BUSINESSES › Part IV - Business License Application Procedures; Administrative Requirements; Standards of Conduct › Section 6VAC20-172-70 - Business administrative requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A licensee shall:
1. Maintain at all times with the department
				  its physical address in Virginia where records required to be maintained by the
				  Code of Virginia and this chapter are kept and available for inspection by the
				  department, the physical address of all locations in Virginia utilized by the
				  licensee in which regulated services are offered, and email address if
				  applicable. A post office box is not a physical address. Notification of any
				  change shall be in writing and received by the department no later than 10 days
				  after the effective date of the change.
2. Maintain at all times with the department
				  its current operating name and all fictitious names. Any name change reports
				  shall be submitted in writing within 10 days after the occurrence of such
				  change and accompanied by certified true copies of the documents that establish
				  the name change.
3. Report in
				  writing to the department any change in its ownership or principals that does
				  not result in the creation of a new legal entity. Such written report shall be
				  received by the department within 30 days after the occurrence of such change
				  to include fingerprint cards pursuant to this chapter.
4. Report in writing to the department any
				  change in the entity of the licensee that results in continued operation
				  requiring a license. Such written report shall be received by the department
				  within 10 days after the occurrence of such change.
5. Maintain at all times current liability
				  coverage at least in the minimum amounts prescribed by the application
				  requirements of this chapter. Each day of uninsured activity would be construed
				  as an individual violation of this requirement.
6. Maintain at all times with the department
				  a completed irrevocable consent for service if the licensee is not a resident
				  of the Commonwealth of Virginia. Licensees that move their business from the
				  Commonwealth shall file a completed irrevocable consent for services within 15
				  days of the change in location.
7.
				  Employ at all times at least one individual designated as a compliance agent
				  who is in good standing and is certified pursuant to this chapter. In the event
				  there is more than one compliance agent designated for the business, designate
				  one as the primary compliance agent and point of contact.
8. Maintain at all times and for a period of
				  not less than three years from the date of termination of employment the
				  following documentation concerning all regulants: documentation or electronic
				  images of the date of hire in the regulated category; documentation that the
				  fingerprint processing application was submitted on the date of hire;
				  verification that the employee is a United States citizen or legal resident
				  alien and is properly registered or certified and trained; and current physical
				  and mailing addresses for all regulated employees and telephone numbers if
				  applicable.
9. Upon termination of
				  employment of a certified compliance agent, notify the department in writing
				  within 10 calendar days. This notification shall include the name of the
				  individual responsible for the licensee's adherence to applicable
				  administrative requirements and standards of conduct during the period of
				  replacement.
10. Within 90 days of
				  termination of employment of the sole remaining compliance agent, submit the
				  name of a new compliance agent who is eligible for certification. Individuals
				  not currently eligible may pursue certification pursuant to this chapter. This
				  notification shall be in writing and signed by a principal of the business and
				  the designated compliance agent.
11. Prominently display at all times for
				  public inspection, in a conspicuous place where the public has access, the
				  business license issued by the department.
12. Ensure that all individuals submit
				  fingerprint cards pursuant to this chapter and as required by the Code of
				  Virginia.
13. Inform the department
				  in writing within 10 days of receiving knowledge of any principal, partner,
				  officer, or compliance agent regulated by this chapter or any employee
				  regulated or required to be regulated by the board, pleading guilty or nolo
				  contendere or being convicted or found guilty of any felony or of a misdemeanor
				  as outlined in § 9.1-139K of the Code of Virginia.
14. Inform the department in writing within
				  10 days of receiving knowledge of any principal, licensee, subsidiary, partner,
				  officer, or compliance agent regulated by this chapter, or any employee
				  regulated or required to be regulated by the board, having been found guilty by
				  any court or administrative body of competent jurisdiction to have violated the
				  private security services business statutes or regulations of that
				  jurisdiction.
15. On a form
				  provided by the department and within 10 calendar days of receiving knowledge
				  of an incident, submit a report of any incident in which any registrant has
				  discharged a firearm while on duty, excluding any training exercise.
16. In the event a complaint against the
				  licensee is received by the department, be required to furnish documentary
				  evidence (written agreement) of the terms agreed to between licensee and
				  client, which shall include at a minimum the specific scope of services and
				  fees assessed for such services. The licensee shall retain a copy for a period
				  of not less than three years from completion of said agreement.
17. Not fail to honor the terms and
				  conditions of a warranty or written agreement.
18. In the event a licensee sells or
				  otherwise transfers the ownership of a monitoring agreement of an electronic
				  security customer in Virginia, notify the end user, in writing, within 30 days
				  of the transfer of monitoring services. No licensee shall sell or otherwise
				  transfer to an entity not licensed in Virginia.
19. Ensure that all employees regulated by
				  the board carry a department issued registration card or temporary registration
				  letter along with a photo identification while on duty.
20. Ensure that all regulated employees
				  authorized to provide private security services while completing compulsory
				  minimum training standards pursuant to § 9.1-139H of the Code of Virginia carry
				  a photo identification along with an authorization form provided by the
				  department while on duty.
21.
				  Maintain a written use of force policy dictating the business' policy for using
				  deadly force and for use of less lethal force. A statement certifying that the
				  employee has read and understands the business' use of force policy must be
				  signed by each employee who is permitted to carry firearms or intermediate
				  weapons and maintained in the employee's file.
22. Maintain records for individual employees
				  permitted to carry intermediate weapons while on duty to verify training in the
				  use of the permitted intermediate weapons.
23. Maintain at all times and for a period of
				  not less than three years from the date of termination, decertification, or
				  other separation records of detector canine handler team certifications to
				  include a photo of detector canine teams utilized to provide regulated private
				  security services.
Statutory Authority: § 9.1-141 of the Code of
						Virginia.