DEPARTMENT OF SAFETY AND HOMELAND SECURITY
Statutory Authority: 24 Delaware Code, Section 1304(b)(3) (24 Del.C. §1304(b)(3))
24 DE Admin. Code 1300
1300 Board of Examiners of Private Investigators and Private Security Agencies
Statutory Authority: 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 January 25, 2007 on the proposed adoption of promulgated rules and regulations 12.0 – Use of Rifle and Shotgun Holder, 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 adoption.
2. The Board expressed its desire to adopt the rule to allow qualified security/armored car guards to be equipped to handle situations where the risk of terrorist activity is high or under genuine risk to life or to property.
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 adoption of the rule. The written comments and oral testimony received are described in paragraph 1.
4. The Board finds that the adoption of this rule will allow qualified security/armored car guards to be equipped to handle situations where the risk of terrorist activity is high or under genuine risk to life or to property.
5. The Board finds that the adoption will have no adverse impact on the public.
6. The Board finds that the adoption is well written and describes its intent to adopt the rule to allow qualified security/armored car guards to be equipped to handle situations where the risk of terrorist activity is high or under genuine risk to life or to property.
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 adoption 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 adoption of this rule will be in the best interests of the citizens of the State of Delaware.
10. The Board therefore adopts the adoption 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 adopted rule replaces in its entirety any former rule or regulation heretofore promulgated by the Board.
12. The effective date of this Order shall be March 11, 2007.
13. Attached hereto and incorporated herein this order is the adopted rule marked as exhibit A and executed simultaneously by the Board on the 25th day of January, 2007.
Colonel Thomas F. MacLeish, Chairman
APPROVED AS TO FORM:
Ralph K. Durstein, III, Esquire
Deputy Attorney General
January 25, 2007
1.0 Firearm’s Policy
1.1 No person licensed under 24 Del.C. §1315 and §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.
1.2 Firearms - approved type of weapons
1.3 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.
1.4 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.
1.5 All individuals must qualify with the same type of weapon that he/she will carry.
1.6 All ammunition will be factory fresh (no re-loads).
1.7 The minimum passing score is 75%.
1.8 All licenses are valid for a period of five (5) years, subject to proof of compliance of Rule 1.0 by submission of shoot sheets by January 31st of each year for the previous calendar year.
3 DE Reg. 960 (1/1/00)
7 DE Reg. 173 (3/1/04)
2.0 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.
3.0 Personnel Rosters and Job Assignments
3.1 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
PI Private Investigator
MG Delaware Manager
LH License Holder
CO Corporate Officer
3.2 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
3 DE Reg. 960 (1/1/00)
4.0 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.
3 DE Reg. 960 (1/1/00)
5.0 Uniforms, Patches, Badges, Seals, Vehicular Markings Amended 04/17/97
5.1 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.
5.2 Advertisement and other forms of publications:
5.2.1 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.
5.2.2 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.
5.3. Vehicle Identification
5.3.1 No person or entity licensed under Title 24, Chapter 13 of the Delaware Code 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.
5.3.2 The content of any vehicle marking shall be governed by the standards and criteria set forth in Rule 5.1 above.
5.3.3 No vehicle utilized for purposes covered by Title 24, Chapter 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.
5.3.4 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.
5.3.5 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)
8 DE Reg. 325 (8/1/04)
6.0 Qualified Manager
6.1 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.
6.2 A qualified license holder must be an owner/partner/corporate officer of the agency requesting licensure.
8 DE Reg. 325 (8/1/04)
7.0 Employment Notification
7.1 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.)
7.2 Employers Responsibility
7.2.1 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.
7.2.2 A licensed private security agency shall report to the Detective Licensing Office, in writing, the following:
188.8.131.52 The name of any employee arrested;
184.108.40.206 The name of any employee admitted to any mental hospital ward, mental institution or sanitarium; or
220.127.116.11 The name of any employee disabled from carrying, owning, or possession a gun by action of federal or state statute and/or court order, including bond orders and protection from abuse orders.
4 DE Reg. 361 (8/1/00)
8.0 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.
9.0 Private Investigators
9.1 A Private Investigator must not be a member or employee of any Law Enforcement Organization, as defined by the Council on Police Training.
9.2 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.
9.3 A licensed Private Investigator may only be employed by one licensed private investigative agency at a time.
10.0 Licensing Fees
10.1 Class A License - Private Investigative Agency
10.1.1 In-State License Holder
10.1.1.1 Individual - No Employees - Not Corporation
10.1.1.1.2 $5,000 Bond
10.1.1.1.3 $1,000,000 Liability Insurance per occurrence
10.1.1.2 Corporation - Has Employees
10.1.1.2.2 $10,000 Bond
10.1.1.2.3 $1,000,000 Liability Insurance per occurrence
10.1.2.1 License Holder - Individual and Corporation
10.1.2.1.2 $10,000 Bond
10.1.2.1.3 $1,000,000 Liability Insurance per occurrence
10.1.2.2 Delaware Manager
10.1.2.1.2 $5,000 Bond
10.2 Class B License - Private Security Agency
10.2.1 In-State License Holder
10.2.1.1 Individual - No Employees - Not Corporation
10.2.1.1.2 $5,000 Bond
10.2.1.1.3 $1,000,000 Liability Insurance per occurrence
10.2.1.2 Corporation - Has Employees
10.2.1.2.2 $10,000 Bond
10.2.1.2.3 $1,000,000 Liability Insurance per occurrence
10.2.2.1 License Holder - Individual and Corporation
10.2.2.1.2 $10,000 Bond
10.2.2.1.3 $1,000,000 Liability Insurance per occurrence
10.2.2.2 Delaware Manager
10.2.2.2.2 $5000 Bond
10.3 Class C License - Private Investigative & Private Security Agency
10.3.1 In-State License Holder
10.3.1.1 Individual - No Employees - Not Corporation
10.3.1.1.2 $10,000 Bond
10.3.1.1.3 $1,000,000 Liability Insurance per occurrence
10.3.1.2 Corporation - Has Employees
10.3.1.2.2 $15,000 Bond
10.3.1.2.3 $1,000,000 Liability Insurance per occurrence
10.3.2.1 Individual and Corporation
10.3.2.1.1 License Holder
10.3.2.1.1.2 $15,000 Bond
10.3.2.1.1.3 $1,000,000 Liability Insurance per occurrence
10.3.2.1.2 Delaware Manager
10.3.2.1.2.2 $10,000 Bond
10.4 Class D License - Armored Car Agency License
10.4.1 License Holder
10.4.1.2 Banking Commissioner License as required by 5 Del.C. §3203
10.4.1.3 $10,000 Bond
10.4.1.4 $1,000,000 Liability Insurance per occurrence.
10.4.2 Delaware Manager
10.4.2.2 $5000 Bond
6 DE Reg. 637 (11/01/02)
7 DE Reg. 1173 (03/01/04)
11.0 Use Of Animals
The use of animals is prohibited in the performance of private security activities.
3 DE Reg. 960 (1/1/00)
12.0 Use of Rifle and Shotgun
12.1 Whereas there exists a need for private security officers 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.
12.2 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 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:
12.2.1 An increase in the threat level from the Department of Homeland Security to “Orange”, or higher;
12.2.2 Special circumstances where additional protection would be deemed appropriate, including but not limited to:
18.104.22.168 Credible threats to local facilities or operations;
22.214.171.124 Response to natural disasters;
126.96.36.199 Response to biological or chemical threats;
188.8.131.52 Civil unrest.
12.2.3 Any situation where additional trained responders are required to assist in the protection of life and property in the State of Delaware;
12.2.4 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.
12.3 Guards who would be deployed and authorized to use such additional weaponry would be required to:
12.3.1 Be trained by certified firearms instructors pursuant to State of Delaware standards;
12.3.2 Be required to re-qualify with the weapons on a three times per year basis;
12.3.3 Maintain a handgun firearms license through the State;
12.3.4 Be listed by name on a roster of authorized individuals; and
12.3.5 Maintain employment in good standing with their security services contractor employer at all times for inclusion on the list.
12.4 Guards using such firearms would be required to maintain strict compliance with the provisions of 24 Del.C. §1321.
12.5 Rifles deemed appropriate for use in the State would be .30 caliber weapons, .223 caliber weapons, 9mm rifle type weapons, and other weapons approved by the Superintendent, or designee, as need and technology dictate. Shotguns would be of the 12 gauge law enforcement/military style weapons. All firearms would be subject to the approval of the Superintendent or designee.
10 DE Reg. 1445 (03/01/07) (Final)