Board of Examiners of Private Investigators and Private Security Agencies
Statutory Authority: 24 Delaware Code,Section 1304(b)(3) (24 Del.C. 1304(b)(3))
Pursuant to the Guidelines in 29 Del.C. Section 10118 (a) (1) - (7), the Board of Examiners of Private Investigators and Private Security Agencies (“Board”) hereby issues this Order. Following notice and a public hearing held on April 13, 2000 on the proposed amendment of promulgated rules and regulations 11/04/1994-7 - Employment Notification, the Board makes the following Findings and Conclusions:
Summary of Evidence and Information Submitted
1. The Board did not receive written evidence or information pertaining to the proposed amendment.
2. The Board expressed its desire to amend the rule to clarify the employer’s responsibility of the action of their employees to the Detective Licensing Office.
Findings of Fact
3. The public was given notice and the opportunity to provide the Board with comments, in writing and by oral testimony, on the amendment of the rule. The written comments and oral testimony received are described in paragraph 1.
4. The Board finds that the amendment of this rule will clarify the employer’s responsibility of the action of their employees to the Detective Licensing Office.
5. The Board finds that the amendment will have no adverse impact on the public.
6. The Board finds that the amendment is well written and describes its intent to amend the rules to clarify the employer’s responsibility of the action of their employees to the Detective Licensing Office.
Conclusion
7. The proposed rule amendment was promulgated by the Board in accord with the statutory duties and authority as set forth in 24 Del.C. Section 1304 et. seq. and, in particular, 24 Del.C. Section 1304 (b) (3).
8. The Board deems this amendment necessary and expedient to the full and official performance of its duties under 24 Del.C. Section 1304 et. seq.
9. The Board concludes that the amendment of this rule will be in the best interests of the citizens of the State of Delaware.
10. The Board therefore adopts the amendment of this rule pursuant to 24 Del.C. Section 1304 (b) (3) and guidelines of 29 Del.C. Section 10118 of the Administrative Procedures Act. See, Strauss v. Silverman, Del. Supr., 399 A.2d 192 (1979).
11. This amended rule replaces 11/04/1994-7 (A) in its entirety, any former rule or regulation heretofore promulgated by the Board.
12. The effective date of this Order shall be April 13, 2000.
13. Attached hereto and incorporated herein this order is the amended rule marked as exhibit A and executed simultaneously by the Board on the 13th day of April, 2000.
Colonel Gerald R. Pepper, Jr., Chairman
APPROVED AS TO FORM:
Rosemary Killian, Deputy Attorney General, 5/16/00
11/04/1994 -1 Firearm’s Policy
No person licensed under 24 Del.C. 1315 & 1317 shall carry a firearm unless that person has first passed an approved firearms course given by a Board approved certified firearms instructor, which shall include a minimum 40 hour course of instruction. Individuals licensed to carry a firearm must shoot a minimum of three (3) qualifying shoots per year, scheduled on at least two (2) separate days, with a recommended 90 days between scheduled shoots. Of these three, there will be one (1) mandatory “low light” shoot. Simulation is permitted and it may be combined with a daylight shoot.
3 DE Reg 960 (1/1/00)
A. Firearms - approved type of weapons
1 9mm
1 .357
1 .38
1 .40
3 DE Reg 960 (1/1/00)
B. All weapons must be either a revolver or semi-automatic and must be double-action or double-action only and must be maintained to factory specifications.
C. Under no circumstances will anyone be allowed to carry any type of shotgun or rifle or any type of weapon that is not described herein.
D. All individuals must qualify with the same type of weapon that he/she will carry.
E. All ammunition will be factory fresh (no re-loads).
F. The minimum passing score is 75%. All licenses are valid for a period of one (1) year.
3 DE Reg 960 (1/1/00)
11/04/1994 - 2 Nightstick, Pr24, Mace, Peppergas and Handcuffs
To carry the above weapons/items a security guard must have completed a training program on each and every weapon/item carried, taught by a certified instructor representing the manufacturer of the weapon/item. Proof of these certifications must be provided to the Director of the Board of Examiners. Under no circumstances would a person be permitted to carry any other type weapon/item, unless first approved by the Director of the Board of Examiners.
11/04/1994 - 3 Personnel Rosters and Job Assignments
Anyone licensed under 24 Del.C. Ch. 13 shall submit an alphabetical personnel roster and a job site list to the director of the Detective Licensing Section by the tenth of every month. Alphabetical personnel rosters shall include the full name, DOB, race, sec, expiration date, and position code of each individual in your employ. For example:
Mark A. Smith 01/25/60 W M 01/25/99 SG
Helen E. White 03/17/71 B F 03/17/00 FA
John F. Henry 05/23/43 B M 05/23/00 PI
James D. Williams 12/03/40 W M 06/30/99 MG
Frank G. Mongomery 07/24/55 B M 06/30/99 LH
Anne L. Murray 10/20/40 W F 06/30/99 CO
SG Security Guard
FA Firearm’s
PI Private Investigator
MG Delaware Manager
LH License Holder
CO Corporate Officer
3 DE Reg 960 (1/1/00)
Job site lists shall include the name, address, location, and hours of coverage. For example:
The DuPont Industry
Barley Mill Road
2200 - 0600 Hours, Monday, Wednesday, and Friday
See 3 DE Reg 960 (1/1/00)
11/04/1994 - 4 Record Book; Right of Inspection
All persons licensed under 24 Del.C. Ch.13 shall keep and maintain at their place of business, at all times, a book that shall contain the names and positions of all employees along with the location that each employee is assigned to work. This book shall contain all current personnel information and at all times shall be current and up-to-date to include the list of weapons/items each employee is qualified to carry, the certification dates, scores and the serial number of the weapon/item, if applicable.
See 3 DE Reg 960 (1/1/00)
11/04/1994 - 5 Uniforms, Patches, Badges, Seals, Vehicular Markings
Amended 04/17/97
Amended 04/23/98
No person licensed under 24 Del.C. Ch. 13 shall wear or display any uniform, patch, or badge unless first approved by the Board of Examiners. The use of “patrol” and/or “officer” on any type of uniform, patch, badge, seal, vehicular marking or any type of advertisement shall first be proceeded by the word “security”. Under no circumstances shall a uniform, patch, badge, seal, vehicular marking, letterhead, business card or any type of advertisement contain the seal or crest of the State of Delaware, any state of the United States, the seal or crest of any county or local sub division, or any facsimile of the aforementioned seals or crests.
A. Advertisement and other forms of publications:
No letterhead, business card, advertisement, or other form of publication including but not limited to uniforms, patches, badges, seals, vehicular markings and similar items may be used or displayed unless first approved by the Board of Examiners. No such items will be approved by the Board if the item will mislead the public by confusing the licensee and/or his/her employees with official law enforcement agencies and/or personnel.
All uniforms displaying a patch must contain an approved patch that is not generic in nature. The patch must have the name of the agency printed on it.
Auxiliary lights on vehicles, used for patrol, shall be amber and/or clear only. Use of sirens is prohibited.
3 DE Reg 960 (1/1/00)
11/04/1994 - 6 Qualified Manager
A qualified manager cannot be employed by more than one company at the same time. For example; a person cannot serve as a qualified manager for two separate private security agencies and/or private investigative agencies.
11/04/1994 - 7 Employment Notification
It shall be the responsibility of each person licensed as a security guard under 24 Del.C. Ch. 13 to notify the Director of the Board of Examiners, in writing within 24 hours, if such person is terminated or leaves one agency for employment with another or works for more than one security guard agency. Under no circumstances will a security guard be permitted to be employed by more than two agencies at a time. It is also the responsibility for each licensed security guard to advise his/her employer(s) of whom he/she is employed with (i.e. If a security guard is employed with two security guard agencies, both employers must be made aware of this fact as well as the Director of the Board of Examiners.)
A. Employers Responsibility
A license holder of a private security agency shall notify the Director within 24 hours, if an employee is terminated and/or ceases employment.
1. A licensed private security agency, after investigation, shall notify the Detective Licensing Office, in writing, of any terminated employees. This information is to be included in the next monthly roster report following the termination.
2. A licensed private security agency shall report to the Detective Licensing Office, in writing, the following:
a. The name of any employee arrested;
b. The name of any employee admitted to any mental hospital ward, mental institution or sanitarium; or
c. The name of any employee disabled from carrying, owning, or possessing a gun by action of federal or state statute and/or court order, including bond orders and protection from abuse orders.
11/04/1994 - 8 Criminal Offenses
In addition to those qualifications set forth in 24 Del.C. §1314, no person required to be licensed under this chapter shall be issued a license, if that person has been convicted of Assault III or Offensive Touching misdemeanor within the last three (3) years.
11/04/1994 - 9 Private Investigators
A. A Private Investigator must not be a member or employee of any Law Enforcement Organization, as defined by the Council on Police Training.
B. At the time of processing, a Private Investigator must provide proof of employment by a licensed Private Investigative Agency with the Private Investigator application signed by the employer. The identification card will bear the employer’s name. Upon termination of employment, the identification card is no longer valid. If seeking employment with another licensed agency, the Private Investigator must be re-licensed with the new employer and a new identification card will be issued as in the previous procedure.
C A licensed Private Investigator may only be employed by one licensed private investigative agency at a time.
11/04/1994 - 10 Licensing Fees
A. Class A License - Private Investigative Agency
In-State License Holder
Individual - No Employees - Not Corporation
$230 for 2 years to expire June 30th of odd years
$5,000 Bond
$1,000,000 Liability Insurance per occurrence
Corporation - Has Employees
$345 for 2 years to expire June 30th of odd years
$10,000 Bond
$1,000,000 Liability Insurance per occurrence
License Holder
$345 for 2 years to expire June 30th of odd years
Out-of-State
Individual and Corporation
$10,000 Bond
$1,000,000 Liability Insurance per occurrence
Office Manager
$230 for 2 years to expire June 30th of odd years
$5,000 Bond
B. Class B License - Private Security Agency
In-State License Holder
Individual - No Employees - Not Corporation
$230 for 2 years to expire June 30th of odd years
$5,000 Bond
$1,000,000 Liability Insurance per occurrence
Corporation - Has Employees
$345 for 2 years to expire June 30th of odd years
$10,000 Bond
$1,000,000 Liability Insurance per occurrence
$10,000 Bond
$1,000,000 Liability Insurance per occurrence
Office Manager
$230 for 2 years to expire June 30th of odd years
Individual and Corporation
Out-of-State License Holder
$345 for 2 years to expire June 30th of odd years
$5,000 Bond
C. Class C License - Private Investigative & Private Security Agency
In-State License Holder
Individual - No Employees - Not Corporation
$345 for 2 years to expire June 30th of odd years
$10,000 Bond
$1,000,000 Liability Insurance per occurrence
Corporation - Has Employees
$520 for 2 years to expire June 30th of odd years
$15,000 Bond
$1,000,000 Liability Insurance per occurrence
Out-of-State
Individual and Corporation License Holder
$520 for 2 years to expire June 30th of odd years
$15,000 Bond
$1,000,000 Liability Insurance per occurrence
Office Manager
$345 for 2 years to expire June 30th of odd years
$10,000 Bond
D. Class D License - Armored Car Agency License
License Holder
Corporation - Has Employees
$345 for 2 years to expire June 30th of odd years
Banking Commissioner License
5 Del.C. 3203
04/23/98 - 11 Use Of Animals
The use of animals is prohibited in the performance of private security activities.
3 DE Reg 960 (1/1/00)