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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2014

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24 DE Admin. Code 1300
Pursuant to the Guidelines in 29 Del.C. §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 on the proposed adoption of amendments to:
10. The Board therefore adopts the amendment pursuant to 24 Del.C. §1304(b)(3) and guidelines of 29 Del.C. §10118 of the Administrative Procedures Act. See, Strauss v. Silverman, Del. Supr., 399 A.2d 192 (1979).
1.1 No person licensed under 24 Del.C. §§1315 & 1317 shall carry a firearm unless that person has first passed an approved firearms course of instruction and an initial qualification administered by a Board an approved certified firearms instructor. The course of instruction shall include a minimum 40 hours of training. The Professional Licensing Section may waive the 40 hour training requirement depending upon the applicant's professional credentials, training and/or work experience (i.e. prior law enforcement).
1.10.3 All firearms instructors must be approved by the Board Professional Licensing Section before they are authorized to instruct or qualify individuals licensed under 24 Del.C. Ch. 13.
2.1 Whereas there exists a need for private security officers guards in the State of Delaware to be equipped to handle situations where the risk of terrorist activity is high, or at special events where there is a high risk of violent activity or attack, the following rules are established to regulate the use of rifles and shotguns by security services contractors in the State.
2.2 The Governor of the State of Delaware, or designee, or the Superintendent of State Police, or designee, may authorize specified security services contractors to deploy security guards with rifles and/or shotguns, as appropriate to the defense of critical infrastructure facilities, or private business facilities and operations reasonably believed to be at risk of violent activity or attack likely to result in injury or significant damage to or loss of property. The situations where such protection would be required would include, but not be limited to:
2.2.4 An armored car company or agency, as defined by 24 Del.C. §1302(1), dealing with a credible threat or genuine risk to life or to property.
2.3 Security Gguards who would be deployed and authorized to use such additional weaponry would be required to:
2.4 Security Gguards using such firearms would be required to maintain strict compliance with the provisions of 24 Del.C. §1321.
3.1 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 and all certifications must be on file in the Professional Licensing Section to be valid to carry/use. Under no circumstances would a person be permitted to carry any other type weapon/item, unless first approved by the Director of the Professional Licensing Section.
4.1 Each person licensed as a security guard under 24 Del.C. Ch. 13 shall undertake a total of sixteen (16) hours of training through a program approved by the Board, and any such additional training as the Board deems appropriate. Satisfactory completion of the sixteen (16) hours of training shall be certified by mandatory testing with a passing grade of 75%. The test will be administered by Delaware Technical Community College (DTCC).
6.1 In addition to those qualifications set forth in 24 Del.C. Ch. 13, no person required to be licensed under this chapter shall be issued a license, if that person has been convicted of Assault III within the last three (3) years.
6.2 For the purposes of 24 Del.C. Ch. 13, the Board may deny an application for a license or suspend or revoke a license if the applicant or licensee has been convicted of a misdemeanor crime involving moral turpitude. A misdemeanor crime involving moral turpitude includes, but is not limited to, the following crimes in the Delaware Code (or similar crimes under the laws of other jurisdictions):
6.3 Anyone applying for licensure under 24 Del.C. Ch. 13 shall not be issued a license if they have any pending criminal charge(s) for any crimes listed in this Chapter.
6.4 The Professional Licensing Section may suspend anyone licensed under 24 Del.C. Ch. 13 who has been arrested and that arrest could result in the conviction of any misdemeanor or felony as described in this Chapter.
109.0 Qualified Manager/License Holder
109.1 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.
109.2 A qualified license holder must be an owner/partner/corporate officer of the agency requesting licensure.
110.0 Uniforms, Patches, Badges, Seals, Vehicular Markings
110.1 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.
110.2 Advertisement and other forms of publications:
110.2.1 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.
110.2.2 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.
110.3 Vehicle Identification
110.3.1 No person or entity licensed under 24 Del.C. Ch. 13 shall utilize any vehicle in the course of activities covered by said Chapter 13, unless the appearance of the vehicle, including any identifying marking, shall have been first approved by the Board of Examiners using the standards and criteria set forth in this Rule.
110.3.2 The content of any vehicle marking shall be governed by the standards and criteria set forth in Rule 5.1 above.
110.3.3 No vehicle utilized for purposes covered by 24 Del.C. Ch. 13 shall have an appearance that creates a reasonable likelihood of confusion with a police vehicle used by the Delaware State Police or a law enforcement agency of any state or governmental subdivision. The Board of Examiners shall have discretion to review the appearance of vehicles, and to make comparisons with known law enforcement vehicles, in order to enforce this Rule.
110.3.4 In the event that a vehicle is not approved by the Board of Examiners pursuant to this Rule, the Board may indicate what changes to the vehicle appearance would be sufficient to satisfy the standard and criteria set forth above.
110.3.5 Auxiliary lights on vehicles, used for patrol, shall be amber and/or clear only. Use of sirens is prohibited.
121.0 Personnel Rosters and Job Assignments
121.1 Anyone licensed under 24 Del.C. Ch. 13 shall submit an alphabetical personnel roster and a job site list to the Director of Professional 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:
121.2 Job site lists shall include the name, address, location, and hours of coverage. For example:
132.0 Record Book; Right of Inspection
12.1 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 a copy of the current ID card, the list of weapons/items each employee is qualified to carry, the certification/expiration dates, scores and the serial number of the weapon/item, if applicable, and a current copy of the mandatory 16 hours security guard training and test certification.
143.0 Licensing Fees
143.1 Class A License - Private Investigative Agency
143.1.1 In-State License Holder
143.1.1.1 Individual - No Employees - Not Corporation
143.1.1.1.1 $230
143.1.1.1.2 $5,000 Bond
143.1.1.1.3 $1,000,000 Liability Insurance per occurrence
143.1.1.2 Corporation - Has Employees
143.1.1.2.1 $345
143.1.1.2.2 $10,000 Bond
143.1.1.2.3 $1,000,000 Liability Insurance per occurrence
143.1.2 Out-of-State
143.1.2.1 License Holder - Individual and Corporation
143.1.2.1.1 $345
143.1.2.1.2 $10,000 Bond
143.1.2.1.3 $1,000,000 Liability Insurance per occurrence
143.1.2.2 Delaware Manager
143.1.2.2.1 $230
143.1.2.2.2 $5,000 Bond
143.2 Class B License - Private Security Agency
143.2.1 In-State License Holder
143.2.1.1 Individual - No Employees - Not Corporation
143.2.1.1.1 $230
143.2.1.1.2 $5,000 Bond
143.2.1.1.3 $1,000,000 Liability Insurance per occurrence
143.2.1.2 Corporation - Has Employees
143.2.1.2.1 $345
143.2.1.2.2 $10,000 Bond
143.2.1.2.3 $1,000,000 Liability Insurance per occurrence
143.2.2 Out-of-State
143.2.2.1 License Holder - Individual and Corporation
143.2.2.1.1 $345
143.2.2.1.2 $10,000 Bond
143.2.2.1.3 $1,000,000 Liability Insurance per occurrence
143.2.2.2 Delaware Manager
143.2.2.2.1 $230
143.2.2.2.2 $5000 Bond
143.3 Class C License - Private Investigative & Private Security Agency
143.3.1 In-State License Holder
143.3.1.1 Individual - No Employees - Not Corporation
143.3.1.1.1 $345
143.3.1.1.2 $10,000 Bond
143.3.1.1.3 $1,000,000 Liability Insurance per occurrence
143.3.1.2 Corporation - Has Employees
143.3.1.2.1 $520
143.3.1.2.2 $15,000 Bond
143.3.1.2.3 $1,000,000 Liability Insurance per occurrence
143.3.2 Out-of-State
143.3.2.1 Individual and Corporation
143.3.2.1.1 License Holder
143.3.2.1.1.1 $520
143.3.2.1.1.2 $15,000 Bond
143.3.2.1.1.3 $1,000,000 Liability Insurance per occurrence
143.3.2.1.2 Delaware Manager
143.3.2.1.2.1 $345
143.3.2.1.2.2 $10,000 Bond
143.4 Class D License - Armored Car Agency License
143.4.1 License Holder
143.4.1.1 $345
143.4.1.2 Banking Commissioner License as required by 5 Del.C. §3203
143.4.1.3 $10,000 Bond
143.4.1.4 $1,000,000 Liability Insurance per occurrence.
143.4.2 Delaware Manager
143.4.2.1 $230
143.4.2.2 $5000 Bond
143.5 All licenses will expire 2 years from the last day of the month they are approved for licensure.
Last Updated: December 31 1969 19:00:00.
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