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Introduced Version House Bill 2787 History

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H. B. 2787


         (By Delegates Morgan, Swartzmiller, Givens,

            Hartman, Manypenny, Michael and C. Miller)


         [Introduced January 24, 2011; referred to the

         Committee on Government Organization then Judiciary.]

 

 

A BILL to repeal §30-18-2, §30-18-3, §30-18-4, §30-18-5, §30-18-6, §30-18-7, §30-18-8, §30-18-9, §30-18-10, §30-18-11 §30-18-12, and §30-18-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9, §15-14-10, §15-14-11, §15-14-12, §15-14-13, §15-14-14, §15-14-15, §15-14-16, §15-14-17, §15-14-18 and §15-14-19; and to amend said code by adding thereto a new section, designated §30-18-14, all relating to transferring private security services from the Secretary of State to the Division of Criminal Justice Services; license requirement; authority of the Director of the Division of Criminal Justice Services; rulemaking requirements; the creation of the West Virginia Private Security Fund; use of the West Virginia Private Security Fund; eligibility requirements for licensure of private investigators and security services; application requirements for license to do business as a private investigator or security services; requirements of employees under firm license; license renewal requirements; complaint and investigation procedures; due process requirements; grounds for disciplinary action; hearing procedures; judicial review; criminal sanctions; providing that a single act may be evidence of pattern of practice; action for damages; and requiring a report to the Joint Committee on Government Organization.

Be it enacted by the Legislature of West Virginia:

    That §30-18-2, §30-18-3, §30-18-4, §30-18-5, §30-18-6, §30-18-7, §30-18-8, §30-18-9, §30-18-10, §30-18-11 §30-18-12, and §30-18-13 of the Code of West Virginia, 1931, as amended, be repealed; that said code be amended by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9, §15-14-10, §15-14-11 §15-14-12, §15-14-13, §15-14-14, §15-14-15, §15-14-16, §15-14-17, §15-14-18 and §15-14-19; and that said code be amended by adding thereto a new section, designated §30-18-14, all to read as follows:

 

ARTICLE 14. SECURITY SERVICES.

§15-14-1. License Required to Practice.

    (a) A person may not engage in the private investigation business or security guard business without having first obtained a license to conduct the business.

    (b) All licensed persons, including private detectives, private investigators, security guards, private detective or investigative firms and security guard firms, are prohibited from transferring their licenses to an unlicensed person, firm or agency. This prohibition includes contracting or subcontracting with an unlicensed person, firm or agency to conduct the private investigation business or security guard business.

§15-14-2. Definitions.

    For the purposes of this article, the following terms mean the following:

    (1) "Applicant" means a person who files a completed application to be licensed to conduct a private investigation business or a security guard business.

    (2) “Director” means the Director of the Division of Criminal Justice Services.

    (3) “Division” means the Division of the Criminal Justice Services.

    (4) "Firm license" means the license held by a person who is authorized to operate a private detective investigative firm or security guard firm.

    (5) "Person" means a natural person, a group of persons or individuals acting individually or as a group, a corporation, company, partnership, association, society, firm, or any business organization or entity organized or existing under the laws of this or any other state or country;

    (6) "Private investigation business" means the business of doing an investigation or investigations, for hire, reward or any other type of remuneration, to obtain information about:

    (A) A crime which is alleged to have occurred or is threatened to occur;

    (B) The habits, activities, conduct, movements, location, associations, transactions, reputation or character of any person;

    (C) The credibility of witnesses or other persons;

    (D) The location or recovery of lost or stolen property;

    (E) The causes or origins of any fire, accident or injury to any property, real or personal, or to identify or locate any person or persons responsible for any such fire, accident or injury;

    (F) The truth or falsity of any statement or representation, whether written or oral, or of any type of depiction;

    (G) Any matters which constitute evidence or which may lead to the discovery of evidence to be used before any judicial or quasijudicial tribunal, including, but not limited to, civil or criminal courts, administrative agencies, investigating committees, or boards of award or arbitration;

    (H) The whereabouts of any missing or kidnapped person;

    (I) The affiliation, connection or relationship of any person with any corporation or other business entity, union, organization, society or association, or with any official, member or representative thereof;

    (J) Any person or persons seeking employment in the place of any employee or employees who have quit work by reason of any strike; or

    (K) The conduct, honesty, efficiency, loyalty or activities of employees, agents, contractors and subcontractors.

    (7) (A) "Private detective" or "private investigator" means a person who is licensed pursuant to the provisions of this article to conduct a private investigation business, and who conducts the business individually and independently from any private detective or investigative firm;

    (B) "Private detective" or "private investigator" does not include:

    (i) Any individual while acting as an adjuster for an insurance company or companies;

    (ii) Individuals employed exclusively and regularly by only one employer in connection with the affairs of such employer only;

    (iii) An officer or employee of the United States, or any law-enforcement officer of this state or any political subdivision thereof, while such officer or employee is engaged in the performance of his or her official duties or while working for a private employer in his or her off-duty hours;

    (iv) Attorneys or counselors-at-law or any employee or representative of such attorney or counselor;

    (v) Any corporation duly authorized by this state to operate central burglar or fire alarm protection business; or

    (vi) Any investigator of crime appointed by a prosecuting attorney of a county pursuant to the provisions of section two, article four, chapter seven of this code.

    (8) "Private detective or investigative firm" means any private detective agency or business or any investigative agency or business that is operated by a licensed private detective or investigator and which employs one or more other persons who actually conduct the private investigation business

    (9) (A) "Security guard" means a person who is licensed pursuant to the provisions of this article to conduct a security guard business, and who conducts such business individually and independently from a security guard firm.

    (B) "Security guard" does not include a person who is employed exclusively and regularly by only one employer in connection with the affairs of such employer only, or a person who is otherwise hereinafter excluded from the requirements of this article;

    (10) (A) "Security guard business" means the business of furnishing, for hire, reward or other remuneration, watchmen, guards, bodyguards, private patrolmen or other persons, to:

    (i) Protect property, real or personal, or any person;

    (ii) To prevent theft, unlawful taking, misappropriation or concealment of goods, wares or merchandise, money, bonds, stocks, notes or other valuable documents, papers and articles of value; or

    (iii) To furnish for hire, guard dogs or armored motor vehicle security services, in connection with the protection of persons or property;

    (B) "Security guard business" does not include any activities or duties for which it is necessary to be trained and certified as a law-enforcement officer in accordance with the provisions of article twenty-nine, chapter thirty of this code.

    (11) "Security guard firm" means any security guard agency or business that is operated by a licensed security guard and which employs one or more other persons who actually conduct a security guard business as defined in subdivision (8) of this section.

§15-14-3. Authority of the Director of the Division of Criminal              Justice Services.

    (a) The director shall:

    (1) Establish requirements for licenses and permits;

    (2) Establish procedures for submitting, approving and rejecting applications for licenses and permits;

    (3) Determine the qualifications of any applicant for licenses and permits;

    (4) Prepare, conduct, administer and grade examinations for professional licenses;

    (5) Determine the passing grade for the examinations; 

    (6) Maintain records of the examinations the division or a third party administers, including the number of persons taking the examinations and the pass and fail rate;

    (7) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions;

    (8) Conduct disciplinary hearings of persons regulated;

    (9) Determine disciplinary action and issue orders;

    (10) Institute appropriate legal action for the enforcement of the provisions of this article;

    (11) Maintain an accurate registry of names and addresses of all licensees by the board;

    (12) Create a photo identification card for licensees;

    (13) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;

    (14) Establish the continuing education requirements for professional licensees;

    (15) Issue, renew, combine, deny, suspend, revoke or reinstate licenses and permits;

    (16) Establish a fee schedule;

    (17) Propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and

    (18) Take all other actions necessary and proper to effectuate the purposes of this article.

    (b) The director may:

    (1) Contract with third parties to administer the examinations required under the provisions of this article;

    (2) Sue and be sued in its official name as an agency of this state; and 

    (3) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.

§15-14-4. Rulemaking.

    (a) The director shall promulgate emergency rules and propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:

    (1) Standards and requirements for licenses;

    (2) Procedures for examinations and reexaminations;

    (3) Requirements for third parties to prepare and/or administer examinations and reexaminations;

    (4) Educational and experience requirements;

    (5) The passing grade on the examinations;

    (6) Standards for approval of courses and curriculum;

    (7) Procedures for the issuance and renewal of licenses;

    (8) A fee schedule;

    (9) Continuing education requirements for professional licensees;

    (10) The procedures for denying, suspending, revoking, reinstating or limiting the practice of licensees;

    (11) Requirements for inactive or revoked licenses or permits; and

    (12) Any other rules necessary to effectuate the provisions of this article.

§15-14-5. Fees; special revenue account; administrative fines.

    (a) All fees and other moneys, except administrative fines, received by the division shall be deposited in a separate Special Revenue Fund in the State Treasury designated the “West Virginia Private Security Fund. The fund is used by the division for the administration of this article. Except as may be provided in article one of this chapter, the division retains the amount in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.

    (b) Any amount received as fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the State Treasury.

§15-14-6. Eligibility requirements for license to conduct the               private investigation business.

    (a) In order to be eligible for any license to conduct the private investigation business, an applicant shall:

    (1) Be at least eighteen years of age;

    (2) Be a citizen of the United States or an alien who is legally residing within the United States;

    (3) Not have had any previous license or authorization to conduct a private investigation business or to conduct a security guard business revoked or any application for any authorization denied by the appropriate governmental authority in any jurisdiction;

    (4) Not have been declared incompetent by reason of mental defect or disease by any court of competent jurisdiction unless a court has subsequently determined that the applicant's competency has been restored;

    (5) Not be an alcohol or drug abuser as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code;

    (6) Be of good moral character;

    (7) Have a minimum of two years of experience, education or training in any one of the following areas, or some combination thereof:

    (A) Course work that is relevant to the private investigation business at an accredited college or university;

    (B) Employment as a member of any United States government investigative agency, employment as a member of a state or local law-enforcement agency or service as a sheriff;

    (C) Employment by a licensed private investigative or detective agency for the purpose of conducting the private investigation business;

    (D) Service as a magistrate in this state; or

    (E) Any other substantially equivalent training or experience;

    (8) Not have been convicted of a felony in this state or any other jurisdiction;

    (9) Not have been convicted of any of the following:

    (A) Illegally using, carrying or possessing a firearm or other dangerous weapon;

    (B) Making or possessing burglar's instruments;

    (C) Buying or receiving stolen property;

    (D) Entering a building unlawfully;

    (E) Aiding an inmate's escape from prison;

    (F) Possessing or distributing illicit drugs;

    (G) Any misdemeanor involving moral turpitude or for which dishonesty of character is a necessary element; and

    (10) Not have violated any provisions of section one or subdivisions (1) through (7), subsection (g), section thirteen of this article.

    (b) The provisions of this section do not prevent the issuance of a license to any person who, subsequent to his or her conviction, has received an executive pardon therefor, removing this disability.

    (c) Any person who qualifies for a private investigator's license shall also be qualified to conduct security guard business upon notifying the director in writing.

    (d) No person may be employed as a licensed private investigator while serving as magistrate.

§15-14-7. Application requirements for a license to conduct the              private investigation business.

    (a) To be licensed to be a private detective, a private investigator or to operate a private detective or investigative firm, each applicant shall complete and file a written application, under oath, with the director and on form as prescribed by the director.

    (b) On the application each applicant shall provide the following information: The applicant’s name, birth date, citizenship, physical description, military service, current residence, residences for the preceding seven years, qualifying education or experience, the location of each of his or her offices in this state and any other information requested by the director in order to comply with the requirements of this article.

    (c) In the case of a corporation that is seeking a firm license, the application shall be signed by the president, and verified by the secretary or treasurer of such corporation and shall specify the name of the corporation, the date and place of its incorporation, the names and titles of all officers, the location of its principal place of business, and the name of the city, town or village, stating the street and number, and otherwise such apt description as will reasonably indicate the location. If the corporation has been incorporated in a state other than West Virginia, a certificate of good standing from the state of incorporation must accompany the application. This information must be provided in addition to that required to be provided by the applicant.

    (d) The applicant shall provide:

    (1) Information in the application about whether the applicant has ever been arrested for or convicted of any crime or wrongs, either done or threatened, against the government of the United States;

    (2) Information about offenses against the laws of West Virginia or any jurisdiction; and

    (3) Any facts as may be required by the director to show the good character, competency and integrity of the applicant.

    To qualify for a firm license, the applicant shall provide such information for each person who will be authorized to conduct the private investigation business and for each officer, member or partner of the firm.

    (e) As part of the application, each applicant shall give the director permission to review the records held by the West Virginia State Police for any convictions that may be on record for the applicant.

    (f) For each applicant for a license and for each officer, member and partner of the firm applying for a license, the application shall be accompanied by one recent full-face photograph and one complete set of the person's fingerprints.

    (g) For each applicant, the application shall be accompanied by:

    (1) Character references from at least five reputable citizens. Each reference must have known the applicant for at least five years preceding the application. No reference may be connected to the applicant by blood or marriage. All references must have been written for the purpose of the application for a license to conduct the private investigation business; and

    (2) A nonrefundable application processing service charge of $50, which shall be payable to the director to offset the cost of license review and criminal investigation background report from the West Virginia State Police, along with a license fee of $100 if the applicant is an individual, or $200 if the applicant is a firm, or $500 if the applicant is a nonresident of West Virginia or a foreign corporation or business entity.

    (h) All applicants for private detective, private investigator or private investigation firm licenses shall file in the office of director a surety bond. Such bond shall:

    (1) Be in the sum of $2,500 and conditioned upon the faithful and honest conduct of such business by such applicant;

    (2) Be written by a company recognized and approved by the Insurance Commissioner of West Virginia and approved by the Attorney General of West Virginia with respect to its form;

    (3) Be in favor of the State of West Virginia for any person who is damaged by any violation of this article. The bond must also be in favor of any person damaged by such a violation.

    (i) Any person claiming against the bond required by subsection (h) of this section for a violation of this article may maintain an action at law against any licensed individual or firm and against the surety. The surety shall be liable only for damages awarded under section eighteen of this article and not the punitive damages permitted under that section. The aggregate liability of the surety to all persons damaged by a person or firm licensed under this article may not exceed the amount of the bond.

§15-14-8. Requirements for employees conducting the private               investigation business under a firm license.

    (a) Any person who has a private detective firm or investigative firm license is responsible for supervising any employee or other individual who conducts the private investigation business under the authority of such person's firm license, regardless of whether the employee or other individual receives compensation for conducting the business. The supervision shall include providing any education or training that is reasonably necessary to ensure compliance with the requirements of this article.

    (b) Any employee or individual who conducts the private investigation business under the authority of a private detective or investigative firm license shall:

    (1) Satisfy the requirements of section five of this article, except that such person need not satisfy the education and training requirements contained in subdivision (7) of section five; and

    (2) Authorize the director to review the records held by the West Virginia State Police for any convictions that may be on record for such employee or individual.

    (c) A holder of a private detective or investigative firm license is prohibited from authorizing any individual or employee to conduct a private investigation business if such individual does not comply with the requirements of this section.

    (d) For every employee or individual who conducts the business of private investigation under the authority of a private detective or investigative firm license, the holder of such license must maintain a recent full-face photograph and one complete set of fingerprints on file at such firm's central business location in this state. Upon request, the holder of the firm license must release the photographs and fingerprints to the director.

§15-14-9. Eligibility requirements to be licensed to conduct              security guard business.

    (a) In order to be eligible for any license to conduct security guard business, an applicant shall:

    (1) Be at least eighteen years of age;

    (2) Be a citizen of the United states or an alien who is legally residing within the United States;

    (3) Not have had any previous license or authorization to conduct a security guard business or to conduct a private investigation business revoked or any application for any such licenses or registrations denied by the appropriate governmental authority in this or any other state or territory;

    (4) Not have been declared incompetent by reason of mental defect or disease by any court of competent jurisdiction unless said court has subsequently determined that the applicant's competency has been restored;

    (5) Not be an alcohol or drug abuser as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code;

    (6) Be of good moral character;

    (7) Have had at least one year verified, full-time employment conducting security guard business or conducting the private investigation business working for a licensed firm or have one year of substantially equivalent training or experience;

    (8) Not have been convicted of a felony in this state or any other state or territory;

    (9) Not have been convicted of any of the following:

    (A) Illegally using, carrying or possessing a firearm or other dangerous weapon;

    (B) Making or possessing burglar's instruments;

    (C) Buying or receiving stolen property;

    (D) Entering a building unlawfully;

    (E) Aiding an inmate's escape from prison;

    (F) Possessing or distributing illicit drugs;

    (G) Any misdemeanor involving moral turpitude or for which dishonesty of character is a necessary element; and

    (10) Not having violated any provision of section eight of this article.

    (b) This section does not prevent the issuance of a license to any person who, subsequent to his or her conviction, has received an executive pardon therefor, removing this disability.

§15-14-10. Application requirements for a license to conduct               security guard business.

    (a) To be licensed as a security guard or to operate a security guard firm, each applicant shall complete and file a written application, under oath, with the director and on a form prescribed by the director.

    (b) On the application, each applicant shall provide the following information: The applicant’s name, birth date, citizenship, physical description, military service, current residence, residences for the preceding seven years, qualifying education or experience, the location of each of his or her offices in this state and any other information requested by the director in order to comply with the requirements of this article.

    (c) In the case of a corporation that is seeking a firm license, the application shall be signed by the president, and verified by the secretary or treasurer of such corporation and shall specify the name of the corporation, the date and place of its incorporation, the names and titles of all officers, the location of its principal place of business, and the name of the city, town or village, stating the street and number, and otherwise such apt description as will reasonably indicate the location. If the corporation has been incorporated in a state other than West Virginia, a certificate of good standing from the state of incorporation must accompany the application. This information shall be provided in addition to that required to be provided the applicant.

    (d) The applicant shall provide:

    (1) Information in the application about whether the applicant has ever been arrested for or convicted of any crime or wrongs, either done or threatened, against the government of the United States;

    (2) Information about offenses against the laws of West Virginia or any state; and

    (3) Any facts as may be required by the director to show the good character, competency and integrity of the applicant.

    To qualify for a firm license, the applicant shall provide such information for each person who would be authorized to conduct security guard business under the applicant’s firm license and for each officer, member or partner in the firm.

    (e) As part of the application, each applicant shall give the director permission to review the records held by the West Virginia State Police for any convictions that may be on record for the applicant.

    (f) For each applicant for a license and for each officer, member and partner of the firm applying for a license, the application shall be accompanied by one recent full-face photograph and one complete set of the person’s fingerprints.

    (g) For each applicant, the application shall be accompanied by:

    (1) Character references from at least five reputable citizens. Each reference must have known the applicant for at least five years preceding the application. No reference may be connected to the applicant by blood or marriage. All references must have been written for the purpose of the application for a license to conduct security guard business; and

    (2) A nonrefundable application processing service charge of $50, which shall be payable to the division to offset the cost of license review and criminal investigation background report from the West Virginia State Police, along with a license fee of $100 if the applicant is an individual, or $200 if the applicant is a firm, or $500 if the applicant is a nonresident of West Virginia or a foreign corporation or business entity.

    (h) All applicants for security guard licenses or security guard firm licenses shall file in the office of director a surety bond. Such bond shall:

    (1) Be in the sum of $2,500 and conditioned upon the faithful and honest conduct of such business by such applicant;

    (2) Be written by a company recognized and approved by the Insurance Commissioner of West Virginia and approved by the Attorney General of West Virginia with respect to its form;

    (3) Be in favor of the State of West Virginia for any person who is damaged by any violation of this article. The bond must also be in favor of any person damaged by such a violation.

    (i) Any person claiming against the bond required by subsection (h) of this section for a violation of this article may maintain an action at law against any licensed individual or firm and against the surety. The surety shall be liable only for damages awarded under section eighteen of this article and not the punitive damages permitted under that section. The aggregate liability of the surety to all persons damaged by a person or firm licensed under this article may not exceed the amount of the bond.

§15-14-11. Requirements for employees conducting security guard               business under a firm license.

    (a) Any person who has a security guard firm license is responsible for supervising any employee or other individual who conducts security guard business under the authority of such person's firm license, regardless of whether such employee or other individual receives compensation for conducting such business. Such supervision shall include providing any education or training that is reasonably necessary to ensure compliance with the requirements of this article.

    (b) Any employee or individual who conducts security guard business under the authority of a firm license shall:

    (1) Satisfy the requirements of section nine of this article, except that the person need not satisfy the prior employment requirements contained in subdivision (7) of section nine; and

    (2) Authorize the director to review the records held by the West Virginia State Police for any convictions that may be on record for such employee or individual.

    (c) A holder of a security guard firm license is prohibited from authorizing any individual or employee to conduct security guard business if such individual does not comply with the requirements of this section.

    (d) For every employee or individual who conducts security guard business under the authority of a security guard firm license, the holder of such license must maintain a recent full-face photograph and one complete set of fingerprints on file at such firm's central business location in this state. Upon request, the holder of the firm license must release the photographs and fingerprints to the director.

§15-14-12. Renewal of license.

    A license granted under the provisions of this article is in effect for one year from the date the certificate of license is issued and may be renewed for a period of one year by the director upon application, in a form as the director may prescribe, and upon payment of the fee and the filing of the surety bond. At the time of applying for renewal of a license, the director may require any person to provide additional information to reflect any changes in the original application or any previous renewal.

§15-14-13. Complaints; investigations; due process procedure;                 grounds for disciplinary action.

    (a) The director may, based on credible information, and shall upon the written complaint of any person cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules.

    (b) Upon initiation or receipt of the complaint, the director shall provide a copy of the complaint to the licensee.

    (c) After reviewing any information obtained through an investigation, the director shall determine if probable cause exists that the licensee has committed a violation of any of the acts contained in subdivisions (1) through (7), subsection (g) or rules promulgated pursuant to this article.

    (d) Upon a finding that probable cause exists that the licensee has violated of any of the acts contained in subdivisions (1) through (7), subsection (g) or rules promulgated pursuant to this article, the director may enter into a consent decree or hold a hearing for the suspension or revocation of the license or the imposition of sanctions against the licensee.

    (e) The director may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person regulated by the article.

    (f) The director may sign a consent decree or other legal document.

    (g) The director may, after notice and opportunity for hearing, deny or refuse to renew, suspend or revoke the license of, impose probationary conditions upon or take disciplinary action against, any licensee for any of the following reasons once a violation has been proven by a preponderance of the evidence:

    (1) Obtaining a license by fraud, misrepresentation or concealment of material facts;

    (2) Being convicted of a felony or other crime involving moral turpitude;

    (3) Being guilty of unprofessional conduct which placed the public at risk, as defined by legislative rule;

    (4) Intentional violation of a lawful order or legislative rule;

    (5) Having had a license or other authorization revoked or suspended, other disciplinary action taken, or an application for licensure or other authorization revoked or suspended by the proper authorities of another jurisdiction;

    (6) Aiding or abetting unlicensed practice; or

    (7) Engaging in an act while acting in a professional capacity which has endangered or is likely to endanger the health, welfare or safety of the public.

    (c) It is unlawful for any person subject to the provisions of this article to knowingly commit any of the following:

    (1) Employ any individual to perform the duties of an employee who has not first complied with all provisions of this article and the adopted regulations;

    (2) Falsely represent that a person is the holder of a valid license;

    (3) Make a false report with respect to any matter with which he or she is employed;

    (4) Divulge any information acquired from or for a client to persons other than the client or his or her authorized agent without express authorization to do so or unless required by law;

    (5) Accept employment which includes obtaining information intended for illegal purposes;

    (6) Authorize or permit another person to violate any provision of this article or any rule of the director adopted for this article.

    (h) For the purposes of subsection (g) of this section, disciplinary action may include:

    (1) Reprimand;

    (2) Probation;

    (3) Administrative fine, not to exceed $1,000 per day per violation;

    (4) Mandatory attendance at continuing education seminars or other training;

    (5) Practicing under supervision or other restriction;

    (6) Requiring the licensee to report to the director for periodic interviews for a specified period of time; or

    (7) Other corrective action considered by the director to be necessary to protect the public, including advising other parties whose legitimate interests may be at risk.

§15-14-14. Procedures for hearing; right of appeal.

    (a) Hearings are governed by the provisions of article five, chapter twenty-nine-a.

    (b) An administrative law judge shall conduct the hearing.

    (c) At the conclusion of a hearing, the administrative law judge shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the director so directs. The director may accept, reject or modify the decision of the administrative law judge.

    (d) The director has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.

    (e) If, after a hearing, the director determines the licensee, has violated of any of the acts contained in subdivisions (1) through (7), subsection (g), section thirteen of this article or the rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.

§15-14-15. Judicial review.

    Any licensee affected by a decision of the director entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.

§15-14-16. Criminal proceedings; penalties.

    (a) When, as a result of an investigation under this article or otherwise, the director has reason to believe that a licensee, has committed a criminal offense under this article, the director shall bring its information to the attention of an appropriate law-enforcement official.

    (b) A person violating a provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $10,000 or confined in jail not more than six months, or both fined and confined.

§15-14-17. Single act evidence of practice.

    In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.

§15-14-18. Action for damages

    Any individual who is injured by a violation of this article may bring an action for recovery of damages, including punitive damages plus reasonable attorney's fees and court costs.

§15-14-19. Report to the Joint Committee on Government                   Organization.

    The director, with the assistance of other interested parties shall study the private security industry. The director shall report to the Joint Committee on Government Organization during the 2011 October interims. The report shall include:

    (1) Types of licensure;

    (2) Qualifications and training of applicants, including the use of community colleges to provide the training”;

    (3) Licensure fees;

    (4) Powers and responsibilities of licensees; and

    (5) Any other statutory change. 

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.

§30-18-14. Transfer of duties to the Division of Criminal                    Justice Services.

    Effective July 1, 2011, the duties and responsibilities contained in this article are transferred to the Division of Criminal Justice Services.




    NOTE: The purpose of this bill is to transfer the authority to license private security services from the Secretary of State to the Division of Criminal Justice Services.


    §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9, §15-14-10, §15-14-11 §15-14-12, §15-14-13, §15-14-14, §15-14-15, §15-14-16, §15-14-17, §15-14-18, §15-14-19 and §30-18-14 are new; therefore, they been completely underscored.


     

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