H. B. 4141
(By Delegates Morgan, Stephens, Swartzmiller,
Givens, Hartman, Manypenny,
Michael and C. Miller)
[Introduced January 19, 2010; referred to the
Committee on Government Organization then the 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 and §15-
14-18; and to amend and reenact §30-18-1, all relating to
transferring private security services from the Secretary of
State to the Division of Criminal Justice Services.
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13 of the Code of West Virginia, 1931, as amended, be repealed;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 and §15-14-
18; and that §30-18-1 be amended and reenacted, all to read as
follows:
CHAPTER 15. PUBLIC SAFETY.
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.
(3) "Firm license" means the license held by a person who is
authorized to operate a private detective investigative firm or
security guard firm.
(4) "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;
(2) "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.
(5) (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.
(6) "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
(7) (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;
(8) (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.
(9) "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 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 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 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 suffer from habitual drunkenness or from narcotics
addiction or dependence;
(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 pistol 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 provision of section eight of this
article.
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.
(b) 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.
(c) 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 5 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 thirteen 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 shall be 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 two of this article,
except that such person need not satisfy the education and training
requirements contained in subdivision (7) of section two; 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 to conduct security
guard business or to conduct the 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 suffer from habitual drunkenness or from narcotics
addiction or dependence;
(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 pistol 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 may 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 twelve 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 shall be
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 five of this article,
except that the person need not satisfy the prior employment
requirements contained in subdivision seven 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 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 shall
be 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 violated subsection (g) of this
section or rules promulgated pursuant to this article.
(d) Upon a finding that probable cause exists that the
licensee has violated subsection (g) of this section 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 subsection (g) of this section 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
may 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. 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
2010 October interims. The report shall include:
(1) Types of licensure;
(2) Qualifications and training of applicants;
(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.
§30-18-1. Transfer of duties to the Division of Criminal Justice
Services.
The duties previously 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added