DEPARTMENT OF SAFETY AND HOMELAND SECURITY

Division of State Police

1300 Board of Examiners of Private Investigators & Private Security Agencies

FINAL

ORDER

1300 Board of Examiners of Private Investigators & Private Security Agencies

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. The proposed change was published in the Delaware Register of Regulations on February 1, 2017 (Vol. 20, Issue 8). Following notice and a public hearing on the proposed rescinding of Rule 2.0 - Use of Rifle and Shotgun, 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 rescindment.

2. The Board expressed its desire to rescind this rule as it has been determined there is no longer a valid need for it.

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 rescindment. The written comments and oral testimony received are described in paragraph 1.

4. The Board finds that this rule needs to be rescinded as it has been determined there is no longer a valid need for it.

5. The Board finds that the rescindment will have no adverse impact on the public.

Conclusion

6. The proposed rule rescindment was published by the Board in accord with the statutory duties and authority as set forth in 24 Del.C. §1304 et seq. and, in particular, 24 Del.C. §1304(b)(3).

7. The Board deems this rescindment necessary and expedient to the full and official performance of its duties under 24 Del.C. §1304 et. seq.

8. The Board concludes that the rescindment of this rule will be in the best interests of the citizens of the State of Delaware.

9. The Board therefore rescinds the rule 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).

10. This rescinded rule removes Rule 2.0 in its entirety and any former Rule 2.0 or regulation heretofore promulgated by the Board.

11. The effective date of this Order shall be June 11, 2017.

12. Attached hereto and incorporated herein this order is the rescinded rule marked as exhibit A and executed simultaneously on the 24th day of April, 2017.

1300 Board of Examiners of Private Investigators & Private Security Agencies

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.

1.3.1 An individual not meeting the minimum qualifications set forth in subsection 1.3 may have their firearms license suspended until such time that they meet the minimum three qualifying shoots within the calendar year.

1.4 Only the handguns with the following calibers are permitted:

1.4.1 9mm;

1.4.2 .357;

1.4.3 .38;

1.4.4 .40;

1.4.5 .45; or

1.4.6 .357 SIG.

1.5 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.

1.6 Under no circumstances will anyone under this Section be allowed to carry any type of weapon that is not described herein.

1.7 All individuals must meet the minimum qualifications set forth in subsection 1.3 with the same make/model/caliber of weapon that he/she will carry.

1.8 All ammunition must be factory fresh (no re-loads).

1.9 The minimum passing score is 80%.

1.10 All firearms licenses, armed security guard and armed armored car guard, are valid for a period of one year, subject to proof of compliance of Section 1.0 by submission of shoot certification or re-certification forms to the Professional Licensing Section, by January 15th of each year, for the previous calendar year.

1.11 If an individual requests to carry a different approved weapon, while in the performance of their duties as an armed security guard or armed armored car guard, other than the one on file with the Professional Licensing Section, he/she must have approval from the Director of Professional Licensing after submitting certification of a day and low light qualification with the new weapon. Upon approval, the individual can begin to carry the new weapon and the prior qualification of a different weapon will become void. Another day shoot with the new weapon must take place after 90 days, during the same calendar year. Individuals will only be authorized to carry the weapon they last qualified with and provided the shoot certifications to the Professional Licensing Section.

1.11.1 An individual may not change weapons after September 30th, of the current calendar year, without prior approval of the Director of Professional Licensing, after submitting a request to the Professional Licensing Section. If approval is granted, the individual must be certified and submit certification of a day and low light qualification to the Professional Licensing Section prior to carrying the weapon.

1.12 Firearms Instructors providing instruction under Section 1.0;

1.12.1 Firearms instructors must be certified by the National Rifle Association as a Law Enforcement Instructor or through a law enforcement training and standards commission (i.e. C.O.P.T.). Certification by another professional firearms training institution as a "certified law enforcement firearms Instructor" must be approved by the Board. Instructors approved by the Board through another professional firearms training institution will have reciprocity approval with any other Board under Department of Safety and Homeland Security, Division of State Police, Professional Licensing Section.

1.12.2 Firearms instructors are restricted to teaching and qualifying individuals according to the type of firearm matching their certification. (For example, a certified handgun instructor may only instruct and qualify individuals with the handgun.)

1.12.3 All firearms instructors must be approved by the Professional Licensing Section before they are authorized to instruct or qualify licensed individuals.

2.1 Whereas there exists a need for private security 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:

2.2.1 An increase in the threat level from the Department of Homeland Security to “Imminent Threat Alert”, or higher;

2.2.2 Special circumstances where additional protection would be deemed appropriate, including but not limited to:

2.2.2.1 Credible threats to local facilities or operations;

2.2.2.2 Response to natural disasters;

2.2.2.3 Response to biological or chemical threats;

2.2.2.4 Civil unrest.

2.2.3 Any situation where additional trained responders are required to assist in the protection of life and property in the State of Delaware;

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 guards who would be deployed and authorized to use such additional weaponry would be required to:

2.3.1 Be trained by certified firearms instructors pursuant to State of Delaware standards;

2.3.2 Be required to re-qualify with the weapons on a three times per year basis;

2.3.3 Maintain a handgun firearms license through the State;

2.3.4 Be listed by name on a roster of authorized individuals; and

2.3.5 Maintain employment in good standing with their security services contractor employer at all times for inclusion on the list.

2.4 Security guards using such firearms would be required to maintain strict compliance with the provisions of 24 Del.C. §1321.

2.5 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.

3.1 To carry the above weapons/items a security guard must have completed a training program on each and every weapon/item carried 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 Professional Licensing Section.

3.2 Weapon/Item Instructors

3.2.1 All weapon/item instructors must be approved by the Professional Licensing Section before they are authorized to instruct or qualify individuals licensed under 24 Del.C. Ch. 13.

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.

4.1.1 Individuals engaged in any violation of academic integrity which is validated by the testing facility will be required to repeat the testing process and incur any additional costs involved. If a subsequent violation of the academic standard is discovered and validated by the testing facility, the individual will be barred from taking any further tests and their license or application will be denied/suspended. No provision of this Section will exclude the individual from a due process hearing before the Board, if requested.

4.2 The required training shall include, but not be limited to, instruction in legal requirements and limitations, use of force, ethics, emergency services, diversity, communication, asset protection, and terrorism. The Board, in its discretion, may require such additional topics as it finds necessary.

4.3 The Professional Licensing Section shall have the authority to require regular reports on training from licensees and employers, and shall report to the Board on compliance with this regulation.

4.4 Training certifications shall be submitted with each new application or re-application and the training shall be completed no more than one year prior to submission of the application.

4.5 Instructors for the training program must take a Train the Trainer session through the Professional Licensing Section. Updates to the training curriculum will be sent out as approved by the Board, and shall be implemented into the course of instruction. An instructors test shall be mandatory with a passing grade of 75%. If this test is failed, the instructor shall re-take the session and the test until receiving a passing grade before being approved.

4.5.1 Instructors that have previously taken the class and the test must take the instructors test with a passing grade to maintain their instructor approval.

4.5.2 The instructor certification approval may be suspended or revoked as deemed necessary by the Board.

The use of animals is prohibited.

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):

6.2.1 Title 11 Crimes and Criminal Procedures Ch. 5 Specific Offenses:

6.2.1.1 §763 Sexual harassment;

6.2.1.2 §764 Indecent exposure in the second degree;

6.2.1.3 §765 Indecent exposure in the first degree;

6.2.1.4 §766 Incest;

6.2.1.5 §767 Unlawful sexual contact in the third degree;

6.2.1.6 §781 Unlawful imprisonment in the second degree;

6.2.1.7 §840 Shoplifting;

6.2.1.8 §861 Forgery;

6.2.1.9 §871 Falsifying Business Records

6.2.1.10 §881 Bribery

6.2.1.11 §907 Criminal Impersonation

6.2.1.12 §1101 Abandonment of a Child;

6.2.1.13 §1102 Endangering the Welfare of a Child;

6.2.1.14 §1105 Crime Against a Vulnerable Adult;

6.2.1.15 §1106 Unlawfully Dealing with a Child;

6.2.1.16 §1107 Endangering Children;

6.2.1.17 §1245 Falsely Reporting an Incident;

6.2.1.18 §1341 Lewdness;

6.2.1.19 §1342 Prostitution;

6.2.1.20 §1343 Patronizing a Prostitute; and

6.2.1.21 §1355 Permitting Prostitution

6.2.2 Title 16 Health and Safety Ch. 11 Nursing Facilities and Similar Facilities:

6.2.2.1 §1136 Violations.

6.2.3 Title 31 Welfare Ch. 39 Adult Protective Services:

6.2.3.1 §3913 Violations.

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 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.

7.2 Employers Responsibility

7.2.1 A licensed private security agency, after investigation, shall notify the Professional Licensing Section, 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 Professional Licensing Section, in writing, the following:

7.2.2.1 The name of any employee arrested;

7.2.2.2 The name of any employee admitted to any mental hospital ward, mental institution or sanitarium; or

7.2.2.3 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.

8.1 A Private Investigator shall not be a member or employee of any Delaware Law Enforcement Organization, as defined by the Council on Police Training, or a member or employee of a law enforcement organization of any other state of federal jurisdiction.

8.2 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.

8.3 A licensed Private Investigator may only be employed by one licensed private investigative agency at a time.

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 A qualified license holder must be an owner/partner/corporate officer of the agency requesting licensure.

9.3 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.

10.2 The use of “patrol” and/or “officer” shall first be proceeded by the word “security”. Under no circumstances shall 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 subdivision, or any facsimile of the aforementioned seals or crests.

10.3 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.

10.4 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.

10.5 Vehicle Identification

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.

10.5.2 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.

10.5.3 Auxiliary lights on vehicles, used for patrol, shall be amber and/or clear only. Use of sirens is prohibited.

11.1 Anyone licensed 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. For example:

The DuPont Industry

Barley Mill Road

2200 - 0600 Hours, Monday, Wednesday, and Friday

11.3 Rosters shall be submitted as required in 11.1 regardless of the number of employees working in the State of Delaware, to include the licensed Delaware Manager.

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.

12.2 The Professional Licensing Section has the right to inspect any security guard at any time they are on their respective post. The office of any private investigative agency, private security agency, or armored car agency may be inspected during normal working hours without notice.

13.1 Class A License - Private Investigative Agency

13.1.1 In-State License Holder

13.1.1.1 Individual - No Employees - Not Corporation

13.1.1.1.1 $230

13.1.1.1.2 $5,000 Bond – minimum one year

13.1.1.1.3 $1,000,000 Liability Insurance per occurrence

13.1.1.2 Corporation - Has Employees

13.1.1.2.1 $345

13.1.1.2.2 $10,000 Bond – minimum one year

13.1.1.2.3 $1,000,000 Liability Insurance per occurrence

13.1.2 Out-of-State

13.1.2.1 License Holder - Individual and Corporation

13.1.2.1.1 $345

13.1.2.1.2 $10,000 Bond – minimum one year

13.1.2.1.3 $1,000,000 Liability Insurance per occurrence

13.1.2.2 Delaware Manager

13.1.2.2.1 $230

13.2 Class B License - Private Security Agency

13.2.1 In-State License Holder

13.2.1.1 Individual - No Employees - Not Corporation

13.2.1.1.1 $230

13.2.1.1.2 $5,000 Bond – minimum one year

13.2.1.1.3 $1,000,000 Liability Insurance per occurrence

13.2.1.2 Corporation - Has Employees

13.2.1.2.1 $345

13.2.1.2.2 $10,000 Bond – minimum one year

13.2.1.2.3 $1,000,000 Liability Insurance per occurrence

13.2.2 Out-of-State

13.2.2.1 License Holder - Individual and Corporation

13.2.2.1.1 $345

13.2.2.1.2 $10,000 Bond – minimum one year

13.2.2.1.3 $1,000,000 Liability Insurance per occurrence

13.2.2.2 Delaware Manager

13.2.2.2.1 $230

13.3 Class C License - Private Investigative & Private Security Agency

13.3.1 In-State License Holder

13.3.1.1 Individual - No Employees - Not Corporation

13.3.1.1.1 $345

13.3.1.1.2 $10,000 Bond – minimum one year

13.3.1.1.3 $1,000,000 Liability Insurance per occurrence

13.3.1.2 Corporation - Has Employees

13.3.1.2.1 $520

13.3.1.2.2 $15,000 Bond – minimum one year

13.3.1.2.3 $1,000,000 Liability Insurance per occurrence

13.3.2 Out-of-State

13.3.2.1 Individual and Corporation

13.3.2.1.1 License Holder

13.3.2.1.1.1 $520

13.3.2.1.1.2 $15,000 Bond – minimum one year

13.3.2.1.1.3 $1,000,000 Liability Insurance per occurrence

13.3.2.1.2 Delaware Manager

13.3.2.1.2.1 $345

13.4 Class D License - Armored Car Agency License

13.4.1 License Holder

13.4.1.1 $345

13.4.1.2 Banking Commissioner License as required by 5 Del.C. §3203

13.4.1.3 $10,000 Bond – minimum one year

13.4.1.4 $1,000,000 Liability Insurance per occurrence.

13.4.2 Delaware Manager

13.4.2.1 $230

13.5 All licenses will expire 2 years from the last day of the month they are approved for licensure.

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. Any agency having a change in License Holder and/or Delaware Manager must be approved by the Board.