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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2017


Regulatory Flexibility Act Form

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1300 Board of Examiners of Private Investigators & Private Security Agencies
24 DE Admin. Code 1300
Notice is hereby given that the Board of Examiners of Private Investigators and Private Security Agencies, in accordance with 24 Del.C. Ch. 13 proposes to amend the following adopted rules in 24 DE Admin. Code 1300 Board of Examiners of Private Investigators and Private Security Agencies: Rule 7.0 - Employment Notification; Rule 8.0 - Private Investigators; rule 9.0 - Delaware Manager/License Holder; 11.0 - Personnel Rosters and Job Assignments; Rule 12.0 - Record Book; Right of Inspection; and Rule 13.0 - Licensing Fees. If you wish to view the complete Rules, contact Ms. Peggy Anderson at (302) 672-5304. Any persons wishing to present views may submit them in writing, by January 2, 2018, to Delaware State Police, Professional Licensing Section, P. O. Box 430, Dover, DE 19903. The Board will hold its quarterly meeting Thursday, January 25, 2018, 9:30am, at the Tatnall Building, 150 Martin Luther King, Jr. Boulevard South, Room 112, Dover, DE.
1.1 Section 1.0 shall apply only to individuals licensed under 24 Del.C. Ch. 13, while such individuals are acting in the performance of their duties as an armed security guard or armed armored car guard.
1.2 No individual licensed under 24 Del.C. Ch. 13 shall carry a firearm unless that individual has first passed an approved firearms course of instruction and an initial qualification administered by an approved 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). If waived, they must show proficiency and qualify a day and low light shoot with an approved firearms instructor. The initial qualification course shall be used to fulfill one day and one low light requirement during the first year; however an additional day shoot must be completed at least 90 days after the date of initial certification, within the calendar year.
1.3 In order to open carry a firearm while in the performance of their duties, individuals licensed to carry a firearm under 24 Del.C. Ch. 13 must shoot a minimum of three qualifying shoots per calendar year, scheduled on at least two separate days, with a minimum 90 days between scheduled day shoots. Of these three, there will be one mandatory “low light” shoot which may be combined with a day shoot. Two day shoots shall not be completed on the same date. These qualifying shoots will be administered by an approved firearms instructor.
4.1 Each person licensed as a security guard under 24 Del.C. Ch. 13 shall successfully complete a training program approved by the Board, and any such additional training as the Board deems appropriate. Satisfactory completion of the training program shall be certified by mandatory testing with a passing grade of 75%. The test will be administered by a Board approved training/testing facility.
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 Director of the Professional Licensing Section may deny an application, 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 Director of 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.
7.1 Anyone applying for licensure/registration under this chapter may be rejected without refund, or have their license revoked, for knowingly omitting any criminal history, other material information or to make a false statement on their application.
8.2 8.1 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 re-registered with the new employer and a new identification card will be issued as in the previous procedure.
8.3 8.2 A licensed An approved Private Investigator may only be employed by one licensed private investigative agency at a time.
9.0 Delaware Manager/License Holder
9.1 A Delaware manager may not be employed by more than one private security agency, private investigative agency, or armored car agency at the same time. For example; a person cannot serve as a Delaware manager for two separate private security agencies, two separate private investigative agencies, or two separate armored car agencies. They may, however, serve as a Delaware manager where there will be no conflict of interest. For example, a person can serve as the Delaware manager for a private security agency and an armored car agency, or can serve as the Delaware manager for a private security agency and a private investigative agency, or can serve as the Delaware manager for a private investigative agency and an armored car agency.
9.2 9.1 A qualified license holder must be an owner/partner/corporate officer of the agency requesting licensure.
9.3 9.2 Law enforcement qualification shall be at a minimum of three years’ experience not to include the training academy attendance.
10.1 No person licensed under 24 Del.C. Ch. 13 shall wear or display any uniform, patch, badge, seal, vehicle and the markings, letterhead, business card, advertisement, or other form of publication unless first approved by the Board of Examiners.
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.
11.1 Anyone licensed as a private security agency (Class B or C) 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. Anyone licensed as a private investigative agency (Class A) under 24 Del.C. Ch. 13 shall submit an alphabetical personnel roster to the Professional Licensing Section by the tenth of January, April, July and October. Alphabetical, by last name, personnel rosters shall include the full name, DOB, race, sex, expiration date, and position code of each individual in your employ. For example:
11.2 Job site lists shall include the name, address, location, and hours of coverage. Employees shall not be listed on the job sites. For example:
12.1 All persons agencies 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 identification card, the if applicable the following: 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.
13.1.1.1.2 $5,000 Bond – minimum one year
13.1.1.2.2 $10,000 Bond – minimum one year
13.1.2.1.2 $10,000 Bond – minimum one year
13.2.1.1.2 $5,000 Bond – minimum one year
13.2.1.2.2 $10,000 Bond – minimum one year
13.2.2.1.2 $10,000 Bond – minimum one year
13.3.1.1.2 $10,000 Bond – minimum one year
13.3.1.2.2 $15,000 Bond – minimum one year
13.3.2.1.1.2 $15,000 Bond – minimum one year
13.4.1.3 $10,000 Bond – minimum one year
13.6 All new agency licensures must be approved by the Board. Standard renewals, with no changes, may be approved by the Professional Licensing Section, with notification to the Board. Any agency having a change in License Holder and/or Delaware Manager must be approved by the Board.
Last Updated: December 31 1969 19:00:00.
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