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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2014

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1300 Board of Examiners of Private Investigators & Private Security Agencies
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 the following rules:
10. The Board therefore adopts these amendments 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).
IT IS SO ORDERED by the Board of Examiners of Private Investigators and Private Security Agencies
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 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).
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.
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 Professional Licensing Section 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.
10.1 No person licensed under 24 Del.C. Ch. 13 shall wear or display any uniform, patch, or badge, seal, vehicle and the markings, letterhead, business card, advertisement, or other form of publication unless first approved by the Board of Examiners.
10.2 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 any item 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.
10.2.1 10.3 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.
10.2.2 10.4 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.
10.3 10.5 Vehicle Identification
10.3.1 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.
10.3.3 10.5.1 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.
10.3.4 10.5.2 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.
10.3.5 10.5.3 Auxiliary lights on vehicles, used for patrol, shall be amber and/or clear only. Use of sirens is prohibited.
11.1 Anyone licensed under 24 Del.C. Ch. 13 shall submit an alphabetical personnel roster and a job site list to the 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:
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.
Last Updated: December 31 1969 19:00:00.
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