6VAC20-172 Regulations Relating to Private Security Services Businesses

REGULATIONS
Vol. 31 Iss. 25 - August 10, 2015

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

CRIMINAL JUSTICE SERVICES BOARD

Chapter 172

Final Regulation

REGISTRAR'S NOTICE: The Criminal Justice Services Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3, which excludes regulations that consist only of changes in style or form or corrections of technical errors. The Criminal Justice Services Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Titles of Regulations: 6VAC20-171. Regulations Relating to Private Security Services (repealing 6VAC20-171-10 through 6VAC20-171-560).

6VAC20-172. Regulations Relating to Private Security Services Businesses (adding 6VAC20-172-10 through 6VAC20-172-250).

6VAC20-173. Regulations Relating to Private Security Services Training Schools (adding 6VAC20-173-10 through 6VAC20-173-330).

6VAC20-174. Regulations Relating to Private Security Services Registered Personnel (adding 6VAC20-174-10 through 6VAC20-174-520).

Statutory Authority: § 9.1-141 of the Code of Virginia.

Effective Date: September 9, 2015.

Agency Contact: Barbara Peterson-Wilson, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 225-4503, or email barbara.peterson-wilson@dcjs.virginia.gov.

Summary:

This exempt regulatory action repeals the existing Regulations Relating to Private Security Services (6VAC20-171) and breaks out the three distinct main components of the private security industry--business, training schools, and registered personnel--into three individual chapters numbered 6VAC20-172 (Businesses), 6VAC20-173 (Training Schools), and 6VAC20-174 (Registered Personnel) based on related topics. No substantive changes to the requirements established in the current regulations under 6VAC20-171 are made in this action.

CHAPTER 172
REGULATIONS RELATING TO PRIVATE SECURITY SERVICES BUSINESSES

Part I
Definitions

6VAC20-172-10. Definitions.

In addition to the words and terms defined in § 9.1-138 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Date of hire" means the date any employee of a private security services business or training school performs services regulated or required to be regulated by the department.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Electronic images" means an acceptable method of maintaining required documentation through the scanning, storage, and maintenance of verifiable electronic copies of original documentation.

"Employee" means a natural person employed by a licensee to perform private security services that are regulated by the department.

"Firearms endorsement" means a method of regulation that identifies an individual registered as a private security registrant and has successfully completed the annual firearms training and has met the requirements as set forth in 6VAC20-174.

"Firm" means a business entity, regardless of method of organization, applying for an initial or renewal private security services business license or private security services training school certification.

"Incident" means an event that exceeds the normal extent of one's duties.

"Intermediate weapon" means a tool not fundamentally designed to cause deadly force with conventional use. This would exclude all metal ammunition firearms or edged weapons. These weapons include but are not limited to baton/collapsible baton, chemical irritants, electronic restraining devices, projectiles, and other less lethal weapons as defined by the department.

"Licensed firm" means a business entity, regardless of method of organization, that holds a valid private security services business license issued by the department.

"Licensee" means a licensed private security services business.

"Official documentation" means personnel records; Certificate of Release or Discharge from Active Duty (DD214); copies of business licenses indicating ownership; law-enforcement transcripts; certificates of training completion; a signed letter provided directly by a current or previous employer detailing dates of employment and job duties; college transcripts; letters of commendation; private security services registrations, certifications or licenses from other states; and other employment, training, or experience verification documents. A resume is not considered official documentation.

"On duty" means the time during which private security services business personnel receive or are entitled to receive compensation for employment for which a registration or certification is required.

"Performance of his duties" means on duty in the context of this chapter.

"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.

"Physical address" means the location of the building that houses a private security services business or training school or the location where the individual principals of a business reside. A post office box is not a physical address.

"Principal" means any sole proprietor, individual listed as an officer or director with the Virginia State Corporation Commission, board member of the association, or partner of a licensed firm or applicant for licensure.

"Private security services business personnel" means each employee of a private security services business who is employed as an unarmed security officer, armed security officer/courier, armored car personnel, security canine handler, detector canine handler, private investigator, personal protection specialist, alarm respondent, a locksmith, central station dispatcher, electronic security employee, an electronic security sales representative, electronic security technician, or electronic security technician's assistant.

"Reciprocity" means the relation existing between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Recognition" means the relation of accepting various application requirements between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Related field" means any field with training requirements, job duties, and experience similar to those of the private security services field in which the applicant wishes to be licensed, certified, or registered. This term includes law enforcement and certain categories of the military.

"This chapter" means the Regulations Relating to Private Security Services Businesses (6VAC20-172).

Part II
Application Fees

6VAC20-172-20. Application fees.

A. Schedule of fees. The fees listed below reflect the costs of handling, issuance, and production associated with administering and processing applications for licensing, certification, and other administrative requests for services relating to private security services.

CATEGORIES	FEES
Fingerprint processing	$50
Initial business license - 1-year license	$550
Initial business license - 2-year license	$800
Business license renewal - 2-year license	$500
Business license category	$50
Initial compliance agent certification	$50
Compliance agent certification renewal	$25
Regulatory compliance - entry-level training	$75
Regulatory compliance - in-service training	$50

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for license or certification renewal applications not received on or before the expiration date of the expiring license or certification.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the license, certification, or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the license, certification, or authority it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the person or licensee may request that the suspended license, certification, or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

D. Manual processing service fee. The department shall collect a $5.00 service fee for any applications under this chapter that are submitted to the department by other means than the available electronic methods established by the department.

Part III
Criminal History Records Search

6VAC20-172-30. Fingerprint processing.

A. On or before the first date of hire, each person applying for licensure as a private security services business, including principals, supervisors, and electronic security employees or for certification as a compliance agent shall submit to the department:

1. One completed fingerprint card provided by the department or another electronic method approved by the department;

2. A fingerprint processing application;

3. The applicable, nonrefundable fee; and

4. All criminal history conviction information on a form provided by the department.

B. The department shall submit those fingerprints to the Virginia State Police for the purpose of conducting a Virginia Criminal History Records search and a National Criminal Records search to determine whether the individual or individuals have a record of conviction.

C. Fingerprint cards found to be unclassifiable will suspend all action on the application pending the resubmission of a classifiable fingerprint card. The applicant shall be so notified in writing and must submit a new fingerprint card within 30 days of notification before the processing of his application shall resume. If a fingerprint card is not submitted within the 30 days, the initial fingerprint application process will be required to include applicable application fees.

D. If the applicant is denied by DCJS, the department will notify the applicant by letter regarding the reasons for the denial. The compliance agent will also be notified in writing by DCJS that the applicant has been denied.

E. Fingerprint applications will be active for 120 days from the date of submittal. Applications for licenses and certifications must be submitted within that 120-day period or initial fingerprint submittal will be required.

Part IV
Business License Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-172-40. Initial business license application.

A. Prior to the issuance of a private security services business license, the applicant shall meet or exceed the requirements of licensing and application submittal to the department as set forth in this section.

B. Each person seeking a license shall file a completed application provided by the department including:

1. For each principal and supervisor of the applying business and for each electronic security employee of an electronic security services business, his fingerprints pursuant to this chapter;

2. Documentation verifying that the applicant has secured a surety bond in the amount of $100,000 executed by a surety company authorized to do business in Virginia, or a certificate of insurance reflecting the department as a certificate holder, showing a policy of comprehensive general liability insurance with a minimum coverage of $100,000 per individual occurrence and $300,000 general aggregate issued by an insurance company authorized to do business in Virginia;

3. For each nonresident applicant for a license, on a form provided by the department, a completed irrevocable consent for the department to serve as service agent for all actions filed in any court in this Commonwealth;

4. For each applicant for a license except sole proprietor or partnership, the identification number issued by the Virginia State Corporation Commission for verification that the entity is authorized to conduct business in the Commonwealth;

5. A physical address in Virginia where records required to be maintained by the Code of Virginia and this chapter are kept and available for inspection by the department. A post office box is not a physical address;

6. On the license application, designation of at least one individual as compliance agent who is certified or eligible for certification;

7. The applicable, nonrefundable license application fee; and

8. Designation on the license application of the type of private security business license the applicant is seeking. The initial business license fee includes one category. A separate fee will be charged for each additional category. The separate categories are identified as follows: (i) security officers/couriers (armed and unarmed), (ii) private investigators, (iii) electronic security personnel, (iv) armored car personnel, (v) personal protection specialists, (vi) locksmiths, and (vii) detector canine handlers and security canine handlers. Alarm respondents crossover into both the security officer and electronic security category; therefore, if an applicant is licensed in either of these categories, he can provide these services without an additional category fee.

C. Upon completion of the initial license application requirements, the department may issue an initial license for a period not to exceed 24 months.

D. The department may issue a letter of temporary licensure to businesses seeking licensure under § 9.1-139 of the Code of Virginia for not more than 120 days while awaiting the results of the state and national fingerprint search conducted on the principals and compliance agent of the business, provided the applicant has met the necessary conditions and requirements.

E. A new license is required whenever there is any change in the ownership or type of organization of the licensed entity that results in the creation of a new legal entity. Such changes include but are not limited to:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Formation or dissolution of a corporation, a limited liability company, or an association or any other business entity recognized under the laws of the Commonwealth of Virginia.

F. Each license shall be issued to the legal business entity named on the application, whether it is a sole proprietorship, partnership, corporation, or other legal entity, and shall be valid only for the legal entity named on the license. No license shall be assigned or otherwise transferred to another legal entity.

G. Each licensee shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

H. Each licensee shall be a United States citizen or legal resident alien of the United States.

6VAC20-172-50. Renewal business license application.

A. Applications for license renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address of the licensee. However, if a renewal notification is not received by the licensee, it is the responsibility of the licensee to ensure renewal requirements are filed with the department. License renewal applications must be received by the department and all license requirements must be completed prior to the expiration date or shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees. Outstanding fees or monetary penalties owed to DCJS must be paid prior to issuance of said renewal.

B. Licenses will be renewed for a period not to exceed 24 months.

C. The department may renew a license when the following are received by the department:

1. A properly completed renewal application;

2. Documentation verifying that the applicant has secured and maintained a surety bond in the amount of $100,000 executed by a surety company authorized to do business in Virginia, or a certificate of insurance reflecting the department as a certificate holder, showing a policy of comprehensive general liability insurance with a minimum coverage of $100,000 per individual occurrence and $300,000 general aggregate issued by an insurance company authorized to do business in Virginia;

3. Fingerprint records for any new or additional principals submitted to the department within 30 days of their hire date provided, however, that any change in the ownership or type of organization of the licensed entity has not resulted in the creation of a new legal entity;

4. On the application, designation of at least one compliance agent who has satisfactorily completed all applicable training requirements;

5. The applicable, nonrefundable license renewal fee and applicable category of service fees; and

6. On the first day of employment, each new and additional supervisor's fingerprints submitted to the department pursuant to § 9.1-139 I of the Code of Virginia.

D. Each business applying for a license renewal shall be in good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field. This subsection shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

E. Any renewal application received after the expiration date of a license shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

F. On the renewal application the licensee must designate the type of private security business license he wishes to renew. The fee will be based upon the category or categories selected on the renewal application.

6VAC20-172-60. General requirements.

All private security services licensed businesses are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

6VAC20-172-70. Business administrative requirements.

A licensee shall:

1. Maintain at all times with the department its physical address in Virginia where records required to be maintained by the Code of Virginia and this chapter are kept and available for inspection by the department, the physical address of all locations in Virginia utilized by the licensee in which regulated services are offered, and email address if applicable. A post office box is not a physical address. Notification of any change shall be in writing and received by the department no later than 10 days after the effective date of the change.

2. Maintain at all times with the department its current operating name and all fictitious names. Any name change reports shall be submitted in writing within 10 days after the occurrence of such change and accompanied by certified true copies of the documents that establish the name change.

3. Report in writing to the department any change in its ownership or principals that does not result in the creation of a new legal entity. Such written report shall be received by the department within 30 days after the occurrence of such change to include fingerprint cards pursuant to this chapter.

4. Report in writing to the department any change in the entity of the licensee that results in continued operation requiring a license. Such written report shall be received by the department within 10 days after the occurrence of such change.

5. Maintain at all times current liability coverage at least in the minimum amounts prescribed by the application requirements of this chapter. Each day of uninsured activity would be construed as an individual violation of this requirement.

6. Maintain at all times with the department a completed irrevocable consent for service if the licensee is not a resident of the Commonwealth of Virginia. Licensees that move their business from the Commonwealth shall file a completed irrevocable consent for services within 15 days of the change in location.

7. Employ at all times at least one individual designated as a compliance agent who is in good standing and is certified pursuant to this chapter. In the event there is more than one compliance agent designated for the business, designate one as the primary compliance agent and point of contact.

8. Maintain at all times and for a period of not less than three years from the date of termination of employment the following documentation concerning all regulants: documentation or electronic images of the date of hire in the regulated category; documentation that the fingerprint processing application was submitted on the date of hire; verification that the employee is a United States citizen or legal resident alien and is properly registered or certified and trained; and current physical and mailing addresses for all regulated employees and telephone numbers if applicable.

9. Upon termination of employment of a certified compliance agent, notify the department in writing within 10 calendar days. This notification shall include the name of the individual responsible for the licensee's adherence to applicable administrative requirements and standards of conduct during the period of replacement.

10. Within 90 days of termination of employment of the sole remaining compliance agent, submit the name of a new compliance agent who is eligible for certification. Individuals not currently eligible may pursue certification pursuant to this chapter. This notification shall be in writing and signed by a principal of the business and the designated compliance agent.

11. Prominently display at all times for public inspection, in a conspicuous place where the public has access, the business license issued by the department.

12. Ensure that all individuals submit fingerprint cards pursuant to this chapter and as required by the Code of Virginia.

13. Inform the department in writing within 10 days of receiving knowledge of any principal, partner, officer, or compliance agent regulated by this chapter or any employee regulated or required to be regulated by the board, pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

14. Inform the department in writing within 10 days of receiving knowledge of any principal, licensee, subsidiary, partner, officer, or compliance agent regulated by this chapter, or any employee regulated or required to be regulated by the board, having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

15. On a form provided by the department and within 10 calendar days of receiving knowledge of an incident, submit a report of any incident in which any registrant has discharged a firearm while on duty, excluding any training exercise.

16. In the event a complaint against the licensee is received by the department, be required to furnish documentary evidence (written agreement) of the terms agreed to between licensee and client, which shall include at a minimum the specific scope of services and fees assessed for such services. The licensee shall retain a copy for a period of not less than three years from completion of said agreement.

17. Not fail to honor the terms and conditions of a warranty or written agreement.

18. In the event a licensee sells or otherwise transfers the ownership of a monitoring agreement of an electronic security customer in Virginia, notify the end user, in writing, within 30 days of the transfer of monitoring services. No licensee shall sell or otherwise transfer to an entity not licensed in Virginia.

19. Ensure that all employees regulated by the board carry a department issued registration card or temporary registration letter along with a photo identification while on duty.

20. Ensure that all regulated employees authorized to provide private security services while completing compulsory minimum training standards pursuant to § 9.1-139 H of the Code of Virginia carry a photo identification along with an authorization form provided by the department while on duty.

21. Maintain a written use of force policy dictating the business' policy for using deadly force and for use of less lethal force. A statement certifying that the employee has read and understands the business' use of force policy must be signed by each employee who is permitted to carry firearms or intermediate weapons and maintained in the employee's file.

22. Maintain records for individual employees permitted to carry intermediate weapons while on duty to verify training in the use of the permitted intermediate weapons.

23. Maintain at all times and for a period of not less than three years from the date of termination, decertification, or other separation records of detector canine handler team certifications to include a photo of detector canine teams utilized to provide regulated private security services.

6VAC20-172-80. Business standards of conduct.

A licensee shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Ensure that all employees regulated or required to be regulated by the board conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia, 6VAC20-174, and this chapter.

3. Not direct any employee regulated or required to be regulated by the board to engage in any acts prohibited by the Code of Virginia, 6VAC20-174, and this chapter.

4. Employ individuals regulated or required to be regulated as follows:

a. A licensee shall employ or otherwise utilize individuals possessing a valid registration issued by the department showing the registration categories required to perform duties requiring registration pursuant to the Code of Virginia;

b. A licensee shall not allow individuals requiring registration as armored car personnel, armed security officers/couriers, armed alarm respondents with firearm endorsement, private investigators, personal protection specialists, detector canine handlers, or security canine handlers to perform private security services until such time as the individual has been issued a registration by the department;

c. A licensee may employ individuals requiring registration as an unarmed alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, an unarmed armored car driver, an unarmed security officer, or an electronic security technician's assistant for a period not to exceed 90 consecutive days in any registered category listed in this subdivision 4 c while completing the compulsory minimum training standards as set forth in 6VAC20-174 provided:

(1) The individual's fingerprint card has been submitted;

(2) The individual is not employed in excess of 120 days without having been issued a registration from the department; and

(3) The individual did not fail to timely complete the required training with a previous employer.

d. A licensee shall not employ any individual carrying or having access to a firearm in the performance of his duties who has not obtained a valid registration and firearms endorsement from the department; and

e. A licensee shall maintain appropriate documentation to verify compliance with these requirements. A licensee shall maintain these documents after employment is terminated for a period of not less than three years.

5. Not contract or subcontract any private security services in the Commonwealth of Virginia to a person not licensed by the department. Verification of a contractor's or subcontractor's license issued by the department shall be maintained for a period of not less than three years.

6. Ensure that the compliance agent conforms to all applicable application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia and this chapter.

7. Permit the department during regular business hours to inspect, review, or copy those documents, electronic images, business records, or training records that are required to be maintained by the Code of Virginia and this chapter.

8. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-173, 6VAC20-174, or this chapter.

9. Not commit any act or omission that results in a private security license or registration being suspended, revoked, or not renewed, or the licensee or registrant otherwise being disciplined in any jurisdiction.

10. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

11. Not obtain or aid and abet others to obtain a license, license renewal, registration, registration renewal, certification, certification renewal, or firearms endorsement through any fraud or misrepresentation.

12. Include the business license number issued by the department on all business advertising materials pursuant to the Code of Virginia. Business advertising materials containing information regarding more than one licensee must contain the business license numbers of each licensee identified.

13. Not conduct a private security services business in such a manner as to endanger the public health, safety, and welfare.

14. Not falsify or aid and abet others in falsifying training records for the purpose of obtaining a license, registration, or certification.

15. Not represent as one's own a license issued to another private security services business.

16. When providing central station monitoring services, attempt to verify the legitimacy of a burglar alarm activation by calling the site of the alarm. If unable to make contact, call one additional number provided by the alarm user who has the authority to cancel the dispatch. This shall not apply if the alarm user has provided written authorization requesting immediate or one-call dispatch to both his local police department and his dealer of record. This shall not apply to duress or hold-up alarms.

17. Not perform any unlawful or negligent act resulting in loss, injury, or death to any person.

18. Utilize vehicles for private security services using or displaying an amber flashing light only as specifically authorized by § 46.2-1025 A 9 of the Code of Virginia.

19. Not use or display the state seal of Virginia or the seal of the Department of Criminal Justice Services, or any portion thereof, or the seal of any political subdivision of the Commonwealth, or any portion thereof, as a part of any logo, stationery, letter, training document, business card, badge, patch, insignia, or other form of identification or advertisement.

20. Not provide information obtained by the firm or its employees to any person other than the client who secured the services of the licensee without the client's prior written consent. Provision of information in response to official requests from law-enforcement agencies, the courts, or the department shall not constitute a violation of this chapter. Provision of information to law-enforcement agencies pertinent to criminal activity or to planned criminal activity shall not constitute a violation of this chapter.

21. Not engage in acts of unprofessional conduct in the practice of private security services.

22. Not engage in acts of negligent or incompetent private security services.

23. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

24. Not violate any state or local ordinance.

25. Satisfy all judgments to include binding arbitrations related to private security services not provided.

26. Not publish or cause to be published any material relating to private security services that contains an assertion, representation, or statement of fact that is false, deceptive, or misleading.

27. Not conduct private security business under a fictitious or assumed name unless the name is on file with the Department of Criminal Justice Services. This does not apply to a private investigator conducting a "pretext," provided that the private investigator does not state that he is representing a private security business that does not exist or otherwise prohibited under federal law.

28. Not act as or be an ostensible licensee for undisclosed persons who do or will control directly or indirectly the operations of the licensee's business.

29. Not provide false or misleading information to representatives of the department.

30. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

Part V
Compliance Agent Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-172-90. Compliance agent certification requirements.

A. Each person applying for certification as compliance agent shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Have (i) three years of managerial or supervisory experience in a private security services business; with a federal, state, or local law-enforcement agency; or in a related field or (ii) five years of experience in a private security services business; with a federal, state or local law-enforcement agency; or in a related field; and

3. Be a United States citizen or legal resident alien of the United States.

B. Each person applying for certification as compliance agent shall file with the department:

1. A properly completed application provided by the department;

2. Fingerprint card pursuant to this chapter;

3. Official documentation verifying that the individual has (i) three years of managerial or supervisory experience in a private security services business; with a federal, state, or local law-enforcement agency; or in a related field or (ii) five years of experience in a private security services business, with a federal, state, or local law-enforcement agency; or in a related field; and

4. The applicable, nonrefundable application fee.

C. The department may issue a certification for a period not to exceed 24 months when the following are received by the department:

1. A properly completed application provided by the department;

2. The applicable, nonrefundable certification fee;

3. Verification of eligibility pursuant to § 9.1-139 A of the Code of Virginia; and

4. Verification of satisfactory completion of department regulatory compliance entry-level training requirements pursuant to this chapter.

D. Each compliance agent shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-172-100. Compliance agent certification renewal requirements.

A. Applications for certification renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address or email address provided by the certified compliance agent. However, if a renewal notification is not received by the compliance agent, it is the responsibility of the compliance agent to ensure renewal requirements are filed with the department. Certification renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for compliance agent certification renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully apply on an application provided by the department and complete the in-service regulatory compliance agent classroom training session provided by the department, or successfully complete an approved online in-service training session pursuant to this chapter. Training must be completed within the 12 months immediately preceding the expiration date of the current certification; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified in private security services or a related field. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a certification for a period not to exceed 24 months.

D. The department may renew a certification when the following are received by the department:

1. A properly completed renewal application provided by the department;

2. The applicable, nonrefundable certification renewal fee; and

3. Verification of satisfactory completion of department regulatory compliance agent in-service training.

E. Any renewal application received after the expiration date of a certification shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

6VAC20-172-110. Compliance agent regulatory compliance training requirements.

A. Each eligible person applying to attend a regulatory compliance entry-level or in-service training session provided by the department shall file with the department:

1. A properly completed application provided by the department; and

2. The applicable, nonrefundable application fee.

Upon receipt of the training enrollment application the department will assign the applicant to a training session provided by the department. Applicants for initial certification as a compliance agent must achieve a minimum passing score of 80% on the entry-level regulatory compliance training examination.

B. Department entry-level regulatory compliance training must be completed within 12 months of approval of application for an initial compliance agent certification.

C. Each person certified by the department to act as a compliance agent shall complete the department in-service regulatory compliance training within the last 12-month period of certification.

6VAC20-172-120. Compliance agent administrative requirements and standards of conduct.

Private security services certified compliance agents are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter. A compliance agent shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Maintain at all times with the department his mailing address and email address if applicable. Written notification of any change of address shall be received by the department no later than 10 days after the effective date of the change.

3. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-173, 6VAC20-174, or this chapter.

4. Not commit any act or omission that results in a private security license or registration being suspended, revoked, or not renewed, or the licensee or registrant otherwise being disciplined in any jurisdiction.

5. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

6. Inform the department, and the licensee for which the individual is designated as compliance agent if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

7. Inform the department, and the licensee for which the individual is designated as compliance agent if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

8. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

9. Be designated with the department as compliance agent for a licensee and shall:

a. Ensure that the licensee and all employees regulated or required to be regulated by the board conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia, 6VAC20-174, and this chapter;

b. Maintain documentation for all employees or persons otherwise utilized that verifies compliance with requirements pursuant to the Code of Virginia, 6VAC20-174, and this chapter;

c. Notify the department in writing within 10 calendar days following termination of his employment as compliance agent for the licensee;

d. Ensure that all employees regulated by the board carry a department-issued registration card or temporary registration letter along with a photo identification while on duty; and

e. Ensure that all regulated employees authorized to provide private security services while completing compulsory minimum training standards pursuant to § 9.1-139 H of the Code of Virginia carry a photo identification along with an authorization form provided by the department while on duty.

10. Not engage in acts of unprofessional conduct in the practice of private security services.

11. Not engage in acts of negligent or incompetent private security services.

12. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

13. Satisfy all judgments to include binding arbitrations related to private security services not provided.

14. Not publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading.

15. Not conduct private security business under a fictitious or assumed name unless the name is on file with the Department of Criminal Justice Services. This does not apply to a private investigator conducting a "pretext," provided that the private investigator does not state that he is representing a private security business that does not exist or otherwise prohibited under federal laws.

16. Not violate any state or local ordinances related to private security services.

17. Not provide false or misleading information to representatives of the department.

18. Not use access to the department's database information for any other purpose than verifying employee's application status.

19. Not allow another to use access granted to the department's database for any purpose.

20. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

Part VI
Reinstatement and Renewal Extensions

6VAC20-172-130. Reinstatement.

A. Any business license or compliance agent certification not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be licensed or certified with the department to provide private security services.

B. A renewal application must be received by the department within 60 days following the expiration date of the license or certification in order to be reinstated by the department providing all renewal requirements have been met. Prior to reinstatement the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid certification or license, including during the reinstatement period.

C. No license or certification shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date of the license or certification. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

E. When a license or certification is reinstated, the applicant shall continue to have the same DCJS number and shall be assigned an expiration date two years from the previous expiration date of the license or certification.

F. An applicant who reinstates shall be regarded as having been continuously licensed or certified without interruption. Therefore, the applicant shall remain under the disciplinary authority of the department during this entire period and may be held accountable for his activities during this period.

G. A person who fails to reinstate his license or certification shall be regarded as unlicensed or uncertified from the expiration date of the license or certification forward.

H. Nothing in this chapter shall divest the department of its authority to discipline a person for a violation of the law or regulations during the period of time for which the person was licensed or certified.

6VAC20-172-140. Renewal extension.

A. An extension of the time period to meet renewal requirements may be approved only under specific circumstances that do not allow private security personnel or businesses to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury;

3. Military or foreign service; or

4. Any emergency temporary assignment of private security personnel for purposes of natural disaster, homeland security, or documented threat by the private security services business for which he is employed.

B. A request for extension shall:

1. Be submitted in writing, dated, and signed by the individual or principal of a licensed entity prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department based on an evaluation of the justification for waiver;

2. Indicate the projected date the person or business will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness, a copy of the government orders, or documentation of emergency temporary assignment.

C. Applications for additional extensions may be approved upon written request of the person or business.

D. The total time for renewal extension, including additional extensions, shall not exceed 12 months beyond the original expiration date. If renewal requirements are not met during the period of extension, the individual must complete all initial training requirements to include applicable entry-level training.

E. The private security services person or business shall be nonoperational during the period of extension unless (i) otherwise issued a temporary exemption and (ii) authorized by the department pursuant to § 9.1-139 of the Code of Virginia.

Part VII
Sanctions; Exemptions; Recognition; Reciprocity

6VAC20-172-150. Denial, probation, suspension, and revocation.

A. The department may deny a license or certification in which any person or principal of an applying business has been convicted in any jurisdiction of any felony or of a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The record of a conviction, authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted, shall be admissible as prima facie evidence of such conviction.

B. The department may deny a license or certification in which any person or principal of an applying business (i) has not maintained good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field; (ii) has had his license, registration, or certification denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) has otherwise been disciplined in connection with a disciplinary action prior to applying for licensing, registration, or certification in Virginia.

C. Any false or misleading statement on any state application or supporting documentation is grounds for denial or revocation and may be subject to criminal prosecution.

D. The department may deny licensure or certification for other just cause.

E. A licensee or compliance agent shall be subject to disciplinary action for violations or noncompliance with the Code of Virginia or this chapter. Disciplinary action shall be in accordance with procedures prescribed by the Administrative Process Act. The disciplinary action may include but is not limited to a letter of censure, fine, probation, suspension, or revocation.

F. If a registrant or certified person is subject to disciplinary action for violations or noncompliance with the Code of Virginia, 6VAC20-174, or this chapter, the department will notify the last known licensed private security services business by which the registrant or certified person was employed or affiliated.

6VAC20-172-160. Exemptions; recognition and reciprocity.

A. The department may grant a temporary exemption from the requirements for licensing or certification for a period of not more than 30 days in a situation deemed an emergency by the department.

B. The department may recognize administrative and application requirements for licensing or certification based on agreements that have been entered into with other states and approved by the board.

Part VIII
Complaints; Department Action and Sanctions; Adjudication

6VAC20-172-170. Complaint submittal requirements.

A. In accordance with § 9.1-141 of the Code of Virginia, this chapter establishes standards designed to secure the public safety and welfare against incompetent or unqualified persons engaging in private security services. It shall be the responsibility of the licensee, its compliance agents, and its employees to provide private security services in a professional and ethical manner utilizing sound business practices.

B. Any aggrieved or interested person may file a complaint against any individual, person, firm, or licensed firm whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing private security services or this chapter.

C. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, and providing sufficient detailed information for the department to conduct an investigation; or

3. By telephone, providing the complaint alleges activities that constitute a life-threatening situation or have resulted in personal injury or loss to the public or to a consumer or that may result in imminent harm or personal injury and that provide sufficient detailed information for the department to conduct an investigation.

6VAC20-172-180. Department investigation.

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this chapter.

B. Documentation.

1. Persons regulated or required to be regulated by this chapter pursuant to the Code of Virginia are required to provide department investigators with any and all records required to be maintained by this chapter.

a. This shall not be construed to authorize the department to demand records protected under applicable federal and state laws. If such records are necessary to complete an investigation, the department may seek a subpoena to satisfy the request.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this chapter.

2. The department shall endeavor to keep any documentation, evidence, or information on an investigation confidential until such time as adjudication has been completed, at which time information may be released upon request pursuant to applicable federal and state laws or regulations.

6VAC20-172-190. Disciplinary action; sanctions; publication of records.

A. Each person subject to jurisdiction of this chapter who violates any statute or regulation pertaining to private security services shall be subject to sanctions imposed by the department regardless of criminal prosecution.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation of or in noncompliance with the Code of Virginia or this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of license, certification, or approval granted for any period of time;

4. Revocation;

5. Refusal to issue, renew, or reinstate a license, certification, or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted;

7. Remedial training; or

8. Conditional agreements.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this chapter but do not hold a valid license or certification. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director may summarily suspend a license or certification under this chapter without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations of the licensee or certified person would constitute a life-threatening situation, has resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm, personal injury, or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all persons, licensees, firms, compliance agents, and licensed firms whose conduct and activities are subject to this chapter and have been sanctioned or denied licensure, certification, or approval.

6VAC20-172-200. Fines; administrative and investigative costs.

A. The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation, or denial of any license or certification. Such costs shall be in addition to any monetary penalty that may be imposed.

B. All monetary penalties imposed as a sanction shall be deposited into the state treasury to the credit of the State Literary Fund.

6VAC20-172-210. Hearing process.

Following a preliminary investigative process, the department may initiate action to resolve the complaint through an informal fact-finding conference or formal hearing as established in this chapter. Pursuant to the authority conferred in § 9.1-141 C 6 of the Code of Virginia and in accordance with the procedures set forth by the Administrative Process Act and the procedures prescribed in this part, the department is empowered to receive, review, investigate, and adjudicate complaints concerning the conduct of any person whose activities are regulated by the board. The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.

6VAC20-172-220. Informal fact-finding conference.

The purpose of an informal fact-finding conference is to resolve allegations through informal consultation and negotiation. Informal fact-finding conferences shall be conducted in accordance with § 2.2-4019 of the Code of Virginia. The respondent, the person against whom the complaint is filed, may appeal the decision of an informal fact-finding conference and request a formal hearing, provided that written notification is given to the department within 30 days of the date the informal fact-finding decision notice was served, or the date it was mailed to the respondent, whichever occurred first. In the event the informal fact-finding decision was served by mail, three days shall be added to that period.

6VAC20-172-230. Formal hearing.

A. Formal hearing proceedings may be initiated in any case in which the basic laws provide expressly for a case decision, or in any case to the extent the informal fact-finding conference has not been conducted or an appeal thereto has been timely received. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia. The findings and decision of the director resulting from a formal hearing may be appealed to the board.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine or to suspend, revoke, or deny issuance or renewal of any license, certification, or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such license, certification, or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

6VAC20-172-240. Appeals.

The findings and the decision of the director may be appealed to the board provided that written notification is given to the attention of the Director, Department of Criminal Justice Services, within 30 days following the date notification of the hearing decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

6VAC20-172-250. Court review; appeal of final agency order.

A. The agency's final administrative decision (final agency order) may be appealed. Any person affected by and claiming the unlawfulness of the agency's final case decision shall have the right to the direct review thereof by an appropriate and timely court action. Such appeal actions shall be initiated in the circuit court of jurisdiction in which the party applying for review resides; however, if such party is not a resident of Virginia, the venue shall be in the City of Richmond, Virginia.

B. Notification shall be given to the attention of the Director, Department of Criminal Justice Services, in writing within 30 days of the date notification of the board decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect, unless the court issues a stay of the order.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (6VAC20-172)

Business

Private Security Services - Business Compliance Inspection Form (eff. 10/12)

Private Security Services - Irrevocable Consent for Service Form (eff. 10/12)

Private Security Services - Initial Business License Application (eff. 10/12)

Private Security Services - Renewal Business License Application (eff. 10/12)

Private Security Services - Bond (eff. 10/12)

Private Security Services - Compliance Agent Designation and Acceptance Form (eff. 10/12)

Private Security Services - Additional License Category Application (eff. 10/12)

Private Security Services - Address Change Form for Businesses (eff. 10/12)

Compliance Agent

Compliance Agent - Training and Certification (eff. 10/12)

Compliance Agent - In-Service Training Enrollment (eff. 10/12)

Compliance Agent - Certification Application and Online Training Exemption Form (eff. 10/12)

Fingerprint Processing

DCJS Fingerprint Cards Order Form (undated)

Fingerprint Processing Application (eff. 10/12)

Criminal History Supplemental Form (eff. 10/12)

Fingerprint Application Instructions (eff. 10/12)

Acceptable Documents for Verifying Legal Presence/Name Change (eff. 10/12)

Miscellaneous

Complaint Form (eff. 10/12)

Firearms Discharge Report (eff. 10/12)

Request for Extension Form (eff. 10/12)

Individual Address Change Form (eff. 10/12)

Credit Card Authorization Form (eff. 10/12)

CHAPTER 173
REGULATIONS RELATING TO PRIVATE SECURITY SERVICES TRAINING SCHOOLS

Part I
Definitions

6VAC20-173-10. Definitions.

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Assistant training school director" means a certified instructor designated by a private security training school director to submit training school session notifications and training rosters and perform administrative duties in lieu of the director.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Certified training school" means a training school that is certified by the department for the specific purpose of training private security services business personnel in at least one category of the compulsory minimum training standards as set forth by the board

"Class" means a block of instruction no less than 50 minutes in length on a particular subject.

"Classroom training" means instruction conducted in person by an instructor to students in an organized manner utilizing a lesson plan.

"Date of hire" means the date any employee of a private security services business or training school performs services regulated or required to be regulated by the department.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Electronic images" means an acceptable method of maintaining required documentation through the scanning, storage, and maintenance of verifiable electronic copies of original documentation.

"Entry-level training" means the compulsory initial training for regulated categories and basic or intermediate firearms training standards adopted by the board for private security services business personnel who are either new registrants or failed to timely complete in-service training or firearms retraining within the prescribed time period.

"Incident" means an event that exceeds the normal extent of one's duties.

"In-service training requirement" means the compulsory in-service training standards adopted by the Criminal Justice Services Board for private security services business personnel.

"Job-related training" means training specifically related to the daily job functions of a given category of registration or certification.

"Learning management system" or "LMS" means a software application or web-based technology used to plan, implement, monitor, and assess a specific learning process.

"Network administrator" means an individual designated by a certified training school that provides online training who serves as the technical contact between the department and the certified training school.

"Online training" means training approved by the department and offered via the Internet or an Intranet for the purpose of remote access on-demand or distance training that meets all requirements for compulsory minimum training standards.

"Performance of his duties" means on duty in the context of this chapter.

"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.

"Private security services business personnel" means each employee of a private security services business who is employed as an unarmed security officer, an armed security officer/courier, an armored car personnel, a security canine handler, a detector canine handler, a private investigator, a personal protection specialist, an alarm respondent, locksmith, a central station dispatcher, an electronic security employee, an electronic security sales representative, an electronic security technician, or electronic security technician's assistant.

"Reciprocity" means the relation existing between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Recognition" means the relation of accepting various application requirements between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Session" means a group of classes comprising the total hours of mandated compulsory minimum training standards in any of the categories of licensure, registration, or certification in accordance with this article and in accordance with §§ 9.1-141, 9.1-150.2, 9.1-185.2, and 9.1-186.2 of the Code of Virginia.

"This chapter" means the Regulations Relating to Private Security Services Training Schools (6VAC20-173).

"Training certification" means verification of the successful completion of any training requirement established by the board.

"Training requirement" means any entry level, in-service, or firearms training or retraining standard established by the board.

"Training school director" means a natural person designated by a principal of a certified private security services training school to assure the compliance of the private security services training school with all applicable requirements as provided in the Code of Virginia and this chapter.

Part II
Application Fees

6VAC20-173-20. Application fees.

A. Schedule of fees. The fees listed below reflect the costs of handling, issuance, and production associated with administering and processing applications for certification and other administrative requests for services relating to private security services.

CATEGORIES	FEES
CRIMINAL HISTORY RECORDS CHECK
Fingerprint processing	$50
CERTIFICATIONS
Initial training school	$800
Training school renewal	$500
Training school category	$50
Initial instructor certification	$50
Instructor certification renewal	$25
Instructor certification category	$10
Initial detector canine handler examiner certification	$50
Detector canine handler examiner certification renewal	$25
Replacement card	$20
TRAINING RELATED
Entry-level training exemption	$25
In-service training alternative credit evaluation	$25
Training completion roster form	$30

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for certification renewal applications not received on or before the expiration date of the expiring certification.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the certification or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the certification or authority it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the person may request that the suspended certification or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

Part III
Criminal History Records Search

6VAC20-173-30. Fingerprint processing.

A. On or before the first date of hire, each person applying for certification as a private security services training school, a detector canine handler examiner, or an instructor shall submit to the department:

1. One completed fingerprint card provided by the department or another electronic method approved by the department;

2. A fingerprint processing application;

3. The applicable, nonrefundable fee; and

4. All criminal history conviction information on a form provided by the department.

D. If the applicant is denied by DCJS, the department will notify the applicant by letter regarding the reasons for the denial.

E. Fingerprint applications will be active for 120 days from the date of submittal. Applications for certifications must be submitted within that 120-day period or initial fingerprint submittal will be required.

Part IV
Training School Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-173-40. Initial training school application.

A. Prior to the issuance of a training school certification, the applicant shall meet or exceed the requirements of certification and application submittal to the department as set forth in this section.

B. Each person seeking certification as a private security services training school shall file a completed application provided by the department to include:

1. For each principal of the applying training school, the principal's fingerprints pursuant to this chapter;

3. For each nonresident applicant for a training school, on a form provided by the department, a completed irrevocable consent for the department to serve as service agent for all actions filed in any court in this Commonwealth;

4. For each applicant for certification as a private security services training school except sole proprietor and partnership, on a certification application provided by the department, the identification number issued by the Virginia State Corporation Commission for verification that the entity is authorized to conduct business in the Commonwealth;

5. A physical location in Virginia where records required to be maintained by the Code of Virginia and this chapter are kept and available for inspection by the department. A post office box is not a physical location;

6. On the training school certification application, designation of at least one individual as training director who is not designated as training director for any other training school, and who is certified as an instructor pursuant to this chapter. A maximum of four individuals may be designated as an assistant training school director;

7. A copy of the curriculum in course outline format for each category of training to be offered, including the hours of instruction with initial and in-service courses on separate documents;

8. A copy of the training school regulations;

9. A copy of the range regulations to include the assigned DCJS range identification number if firearms training will be offered;

10. On the certification application, selection of the category of training the applicant is seeking to provide. The initial training school certification application fee includes one category. A separate fee will be charged for each additional category of training. The separate categories are identified as follows: (i) security officers/couriers/alarm respondents (armed and unarmed) to include arrest authority, (ii) private investigators, (iii) locksmiths and electronic security personnel to include central station dispatchers, (iv) armored car personnel, (v) personal protection specialists, (vi) detector canine handlers and security canine handlers, (vii) special conservators of the peace pursuant to § 9.1-150.1 of the Code of Virginia, (viii) bail bondsmen pursuant to § 9.1-185 of the Code of Virginia and bail enforcement agents pursuant to § 9.1-186 of the Code of Virginia, and (ix) firearms;

11. The applicable, nonrefundable category fee; and

12. The applicable, nonrefundable training school certification application fee.

C. When the department has received and processed a completed application and accompanying material, the department may inspect the training facilities, including an inspection of the firearms range, if applicable, to ensure conformity with the minimum requirements set forth in 6VAC20-174 and this chapter.

D. Upon completion of the initial training school application requirements, the department may issue an initial certification for a period not to exceed 24 months.

E. The department may issue a letter of temporary certification to training schools for not more than 120 days while awaiting the results of the state and national fingerprint search conducted on the principals and training director of the business, provided that the applicant has met the necessary conditions and requirements.

F. A new certification is required whenever there is any change in the ownership or type of organization of the certified entity that results in the creation of a new legal entity. Such changes include but are not limited to:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Formation or dissolution of a corporation, a limited liability company, or an association or any other business entity recognized under the laws of the Commonwealth of Virginia.

G. Each certification shall be issued to the legal entity named on the application, whether it is a sole proprietorship, partnership, corporation, or other legal entity, and shall be valid only for the legal entity named on the certification. No certification shall be assigned or otherwise transferred to another legal entity.

H. Each certified training school shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-173-50. Renewal training school application.

A. Applications for certification renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address or email address provided by the certified training school. However, if a renewal notification is not received by the training school, it is the responsibility of the training school to ensure renewal requirements are filed with the department. Certification renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees. Outstanding fees or monetary penalties owed to DCJS must be paid prior to issuance of said renewal.

B. Upon completion of the renewal training school application requirements, the department may issue a renewal certification for a period not to exceed 24 months.

C. The department may renew a certification when the following are received by the department:

1. A properly completed renewal application;

3. On the application, designation of at least one certified instructor as training director who has satisfactorily completed all applicable training requirements;

4. Fingerprints for each new and additional principal pursuant to § 9.1-139 H of the Code of Virginia;

5. The applicable, nonrefundable certification renewal fee and category fees; and

6. Any documentation required for any new categories of training.

D. Each training school applying for a certification renewal shall be in good standing in every jurisdiction where licensed, registered, or certified in private security services or related field. This subsection shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

E. Any renewal application received after the expiration date of a certification shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

6VAC20-173-60. General requirements.

All private security services certified training schools are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

6VAC20-173-70. Training school administrative requirements.

A training school shall:

1. Maintain at all times with the department its physical address and email address if applicable. A post office box is not a physical address. Notification of any change shall be in writing and received by the department no later than 10 days after the effective date of the change.

2. Employ at all times one individual designated as training director who is currently certified as an instructor pursuant to this chapter and who is not currently designated as training director for another training school. A training school may designate a maximum of four individuals as assistant training school directors.

3. Upon termination of the services of a certified instructor, notify the department in writing within 10 calendar days. Should the instructor also be designated as the training director for the training school, this notification shall include the name of the instructor responsible for the training school's adherence to applicable administrative requirements and standards of conduct during the period of training director replacement.

4. Within 90 days of termination of employment of the sole remaining training director, submit the name of a new instructor eligible for designation pursuant to this chapter and who is not currently designated for another training school. Individuals not currently eligible may pursue certification pursuant to this chapter. Such notification shall be in writing and signed by a principal of the training school and the designated training director.

5. Notify the department in writing of any certified instructors or subject matter specialists eligible to provide instruction at the training school. The notification shall be received by the department prior to the individual conducting any training for the training school and signed by the training school director and the designated instructor or subject matter specialist.

6. Prominently display at all times, in a conspicuous place where the public has access, the training school certification issued by the department.

7. Maintain at all times current liability coverage at least in the minimum amounts prescribed by the application requirements of this chapter. Each day of uninsured activity would be construed as an individual violation of this requirement.

8. Inform the department in writing within 10 days of any principal, partner, officer, instructor, or employee regulated or required to be regulated by this chapter pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

9. Inform the department in writing within 10 days of any principal, partner, officer, instructor, or employee regulated or required to be regulated by this chapter having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

10. Report in writing to the department any change in its ownership or principals that does not result in the creation of a new legal entity. Such written report shall be received by the department within 10 days after the occurrence of such change to include fingerprint cards submitted pursuant to this chapter.

11. Maintain at all times with the department its current operating name and fictitious names. Any name change reports shall be submitted in writing within 10 days after the occurrence of such change and accompanied by certified true copies of the documents that establish the name change.

12. Report in writing to the department any change in the entity of the training school that results in continued operation requiring a certification. Such written report shall be received by the department within 10 days after the occurrence of such change.

13. Maintain written authorization from the department for any subject matter specialists being used to provide instruction.

14. Develop lesson plans for each training curriculum and subject being offered in accordance with the topical outlines submitted to the department to include hours of instruction as set forth in 6VAC20-174.

15. Maintain comprehensive and current lesson plans for each entry level training curriculum and subject being offered.

16. Maintain comprehensive and current lesson plans for each in-service training curriculum and subject being offered.

17. Maintain comprehensive and current lesson plans for each firearms training curriculum and subject being offered.

18. Date all lesson plans and handout material, including the initial date of development and subsequent revisions.

19. Ensure that current copies of the following requirements are provided to and maintained with the department, including:

a. A list of all training locations used by the training school, excluding hotel or motel facilities;

b. A list of all firing range names and locations;

c. A list of all subject matter specialists currently employed or otherwise utilized; and

d. Copies of current topical outlines for all lesson plans and curriculums. The lesson plans and subsequent course outlines shall include (i) specific reference to the course content involving the Code of Virginia, 6VAC20-174, and this chapter and (ii) the hours of instruction.

20. Ensure that range qualification for all firearms training is completed pursuant to the requirements set forth in 6VAC20-174 except with written authorization from the department.

21. On a form provided by the department and within 10 calendar days of an incident, submit a report of any incident in which any instructor, student, or employee has discharged a firearm while on duty, excluding any training exercise.

22. Not act as or be a certified training school for undisclosed persons who directly or indirectly control the operation of the training school.

23. Inform the department and compliance agent of the employing business if applicable, in a format prescribed by the department, within seven days of any person regulated by the board who fails to requalify with a minimum passing score on the range.

6VAC20-173-80. Training school standards of conduct.

A training school shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Ensure that the owners, principals, training directors, and all instructors employed by the training school conform to all applicable application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia and this chapter.

3. Utilize only certified instructors or other individuals eligible to provide instruction pursuant to this chapter in the conduct of private security training sessions.

4. Maintain current files that include copies or electronic images of attendance records, a master final examination, pass/fail recording of examination and firearms qualification scores, training completion rosters, and training completion forms for each student for three years from the date of the training session in which the individual student was enrolled.

5. Permit the department during regular business hours to inspect, review, or copy those documents, electronic images, business records, or training records that are required to be maintained by the Code of Virginia and this chapter.

6. Permit the department to inspect and observe any training session. Certified training schools that conduct training sessions not located within Virginia may be required to pay the expenses of inspection and review.

7. Include the training school certification number issued by the department on all business advertising materials pursuant to the Code of Virginia.

8. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-172, 6VAC20-174, or this chapter.

9. Not commit any act or omission that results in a private security license, registration, or certification being suspended, revoked, or not renewed or the licensee, registrant, or certificate holder otherwise being disciplined in any jurisdiction.

10. Ensure that the owners, principals, training directors, and all instructors employed by the training school have not been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

11. Not obtain or aid and abet others to obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

12. Conduct entry-level and in-service training sessions separately. In-service subjects and curriculums may not be incorporated or included as a part of the entry-level subjects and curriculums unless otherwise authorized by the department.

13. Not conduct a private security services training school in such a manner as to endanger the public health, safety, and welfare.

14. Not falsify, or aid and abet others in falsifying, training records for the purpose of obtaining a license, registration, certification, or certification as a compliance agent, training school, school director, or instructor.

15. Not represent as one's own a certification issued to another private security services training school.

16. Not perform any unlawful or negligent act resulting in loss, injury, or death to any person.

17. Not use or display the state seal of Virginia, or any portion thereof, as a part of any logo, stationery, business card, badge, patch, insignia, or other form of identification or advertisement.

18. Not use or display the seal of the Department of Criminal Justice Services, or any portion thereof, or the seal of any political subdivision of the Commonwealth, or any portion thereof, as a part of the training school's logo, stationery, letter, training document, business card, badge, patch, insignia, or other form of identification or advertisement.

19. Not engage in acts of unprofessional conduct in the practice of private security services.

20. Not engage in acts of negligent or incompetent private security services.

21. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

22. Not violate any state or local ordinances related to private security services.

23. Satisfy all judgments to include binding arbitrations related to private security services not provided.

24. Not publish or cause to be published any material relating to private security services that contains an assertion, representation, or statement of fact that is false, deceptive, or misleading.

25. Not provide false or misleading information to representatives of the department.

26. Not act as or be an ostensible certified training school for undisclosed persons who do or will control directly or indirectly the operations of the training school.

27. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

Part V
Instructor Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-173-90. Initial instructor application.

A. Each person applying for certification as an instructor shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Have a high school diploma or equivalent (GED);

3. Have either (i) successfully completed a DCJS instructor development course within the three years immediately preceding the date of the application or submitted a waiver application for an instructor development course that meets or exceeds standards established by the department or (ii) successfully completed an approved DCJS instructor development program longer than three years prior to the date of application and provided documented instruction during the three years immediately preceding or provided documented instruction in a related field at an institution of higher learning;

4. Have a minimum of (i) three years management or supervisory experience with a private security services business; with any federal, military police, state, county, or municipal law-enforcement agency; or in a related field; (ii) five years general experience in a private security services business; with a federal, state or local law-enforcement agency; or in a related field; or (iii) one year experience as an instructor or teacher at an accredited educational institution or agency in the subject matter for which certification is requested or in a related field;

5. Have previous training and a minimum of two years work experience for those subjects in which certification is requested; and

6. Be a United States citizen or legal resident alien of the United States.

B. Each person applying for certification as an instructor shall file with the department:

1. A properly completed application provided by the department;

2. Fingerprint card pursuant to this chapter;

3. Official documentation verifying that the applicant meets the minimum eligibility requirements pursuant to this section;

4. On the certification application, selection of the category of training the applicant is seeking to provide. The initial instructor certification fee includes one category. A separate fee will be charged for each additional category of training. The separate categories are identified as follows: (i) security officers/couriers/alarm respondent (armed and unarmed) to include arrest authority, (ii) private investigators, (iii) locksmiths and electronic security personnel to include central station dispatchers, (iv) armored car personnel, (v) personal protection specialists, (vi) detector canine handlers and security canine handlers, (vii) special conservators of the peace pursuant to § 9.1-150.1 of the Code of Virginia, (viii) bail bondsmen pursuant to § 9.1-185 of the Code of Virginia and bail enforcement agents pursuant to § 9.1-186 of the Code of Virginia, and (ix) firearms;

5. The nonrefundable instructor certification application fee and category fee or fees if applicable; and

6. Evidence of status as a United States citizen or legal resident alien of the United States.

C. In addition to the instructor qualification requirements described in subsections A and B of this section, each applicant for certification as a firearms instructor shall submit to the department:

1. Official documentation that the applicant has successfully completed a DCJS firearms instructor school or a waiver application with supporting documentation demonstrating completion of a firearms instructor school specifically designed for law-enforcement or private security personnel that meets or exceeds standards established by the department within the three years immediately preceding the date of the instructor application.

2. Official documentation, in the form of a signed, dated range sheet with the qualification score and course of fire as prescribed in the firearms training requirements in 6VAC20-174, that the applicant has successfully qualified, with a minimum range qualification of 85%, with each of the following:

a. A revolver;

b. A semi-automatic handgun; and

c. A shotgun.

Firearms instructors applying to provide patrol rifle training must submit official documentation in the form of a signed, dated range sheet that the applicant has successfully qualified, with a minimum range qualification of 85%, with a patrol rifle.

Range qualifications must have been completed within the 12 months immediately preceding the instructor application date and have been completed at a Virginia criminal justice agency, training academy, correctional facility, or a department approved range utilized by a certified private security training school. The qualifications must be documented by another instructor certified as a law-enforcement firearms instructor or private security services firearms instructor.

The firearms instructor training must have been completed within the three years immediately preceding the date of the instructor application, or in the event that the school completion occurred prior to three years, the applicant shall have provided firearms instruction during the three years immediately preceding the date of the instructor application.

D. Upon completion of the initial instructor application requirements, the department may issue an initial certification for a period not to exceed 24 months.

E. The department may issue a letter of temporary certification to instructors for not more than 120 days while awaiting the results of the state and national fingerprint search provided the applicant has met the necessary conditions and requirements.

F. Each certification shall be issued to the individual named on the application and shall be valid only for use by that individual. No certification shall be assigned or otherwise transferred to another individual.

G. Each instructor shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-173-100. Renewal instructor application.

A. Applications for certification renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address or email address provided by the certified instructor. However, if a renewal notification is not received by the instructor, it is the responsibility of the instructor to ensure renewal requirements are filed with the department. Certification renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for instructor certification renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully complete a minimum of four hours of continuing education in instructor development. Training must be completed within the 12 months immediately preceding the expiration date of the current certification; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a certification for a period not to exceed 24 months.

D. The department may renew a certification when the following are received by the department:

1. A properly completed renewal application provided by the department;

2. The nonrefundable certification renewal fee and applicable category fees;

3. Any documentation required for any new categories of training;

4. Verification of satisfactory completion of instructor development continuing education requirements; and

5. For firearms instructors, official documentation in the form of a signed, dated range sheet along with the qualification score and course of fire as prescribed in the firearms training qualifications in 6VAC20-174, with a minimum range qualification of 85%, with each of the following:

a. A revolver;

b. A semi-automatic handgun; and

c. A shotgun.

E. Any instructor renewal application received by the department shall meet all renewal requirements prior to the expiration date of a certification or shall be subject to the requirements set forth by the reinstatement provisions pursuant to this chapter.

6VAC20-173-110. Instructor administrative requirements and standards of conduct.

All private security services certified personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter. An instructor shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Maintain at all times with the department his mailing address and email address if applicable. Notification of any address change shall be in writing and received by the department no later than 10 days after the effective date of the change.

3. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

4. Inform the department, and the training school for which the individual is designated as an instructor if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

5. Inform the department, and the training school for which the individual is designated as instructor if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

6. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-172, 6VAC20-174, or this chapter.

7. Not commit any act or omission that results in a private security license, registration, or certification as defined in the § 9.1-138 of the Code of Virginia being suspended, revoked, or not renewed or the licensee, registrant, or certificate holder otherwise being disciplined in any jurisdiction.

8. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

9. Conduct training sessions pursuant to requirements established in this chapter.

10. Notify the department within 10 calendar days following termination of his employment as instructor for the training school.

11. Not engage in acts of unprofessional conduct in the practice of private security services.

12. Not engage in acts of negligent or incompetent private security services.

13. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

14. Not violate any state or local ordinances relating to private security services.

15. Maintain documentation of successful completion of a minimum of two hours of professional development for topics related to each category of instructor certification as established in this chapter during each certification period or successful completion of compulsory in-service training by another private security services certified instructor if also registered in the same categories.

16. Not publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading.

17. Not provide false or misleading information to representatives of the department.

18. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

19. Transport, carry, and utilize firearms while on duty only in a manner that does not endanger the public health, safety, and welfare.

20. Report in writing to the training school director within 24 hours of any person regulated by the board who fails to requalify with a minimum passing score on the range.

21. Provide any person who fails to requalify with a minimum passing score on the range with a failure to requalify notice provided by the department.

6VAC20-173-120. Designated training school director administrative requirements and standards.

1. Ensure that the certified training school and all employees regulated or required to be regulated by this chapter conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia and this chapter.

2. Conform to all application requirements, administrative requirements, and standards of conduct as a certified instructor pursuant to the Code of Virginia and this chapter.

3. Maintain documentation for all employees or persons otherwise utilized that verifies compliance with requirements pursuant to the Code of Virginia and this chapter.

4. Notify the department in writing within 10 calendar days following termination of his employment as training director for the certified training school.

5. Use access to the department's database information only for the purpose of verifying employed instructors' or students' application status.

6. Not allow another to use access granted to the department's database for any purpose.

7. Inform the department and compliance agent of the employing business if applicable, in a format prescribed by the department within seven days of any person regulated by the board, who fails to requalify with a minimum passing score on the range.

Part VI
Detector Canine Handler Examiner Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-173-130. Initial detector canine handler examiner certification application.

A. Each person applying for certification as a detector canine handler examiner shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Have a high school diploma or equivalent (GED);

3. Have a minimum of five years experience as a detector canine handler and a minimum of two years experience as a detector canine trainer within the previous 10 years prior to application with the department;

4. Have an active certification as a detector canine handler examiner or equivalent credential from a department-approved national organization, a unit of the United States military, or another formal entity; and

5. Be a United States citizen or legal resident alien of the United States.

B. Each person applying for certification as a detector canine handler examiner shall file with the department:

1. A properly completed application provided by the department;

2. Fingerprint card pursuant this chapter;

3. Official documentation according to subdivisions A 3 and A 4 of this section; and

4. The applicable, nonrefundable application fee.

C. Upon completion of the initial detector canine handler examiner application requirements, the department may issue an initial certification for a period not to exceed 24 months.

D. The department may issue a letter of temporary certification to detector canine handler examiners for not more than 120 days while awaiting the results of the state and national fingerprint search provided the applicant has met the necessary conditions and requirements.

E. Each certification shall be issued to the individual named on the application and shall be valid only for use by that individual. No certification shall be assigned or otherwise transferred to another individual.

F. Each detector canine handler examiner shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-173-140. Renewal detector canine handler examiner certification application.

A. Applications for certification renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address of the certified examiner. However, if a renewal notification is not received by the examiner, it is the responsibility of the examiner to ensure renewal requirements are filed with the department. Certification renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for examiner certification renewal shall meet the minimum requirements for eligibility as follows:

1. Have maintained certification as a detector canine handler examiner or equivalent credential according to the minimum eligibility requirements set forth in this chapter and demonstrate the completion of a minimum of 16 hours of continuing education during the previous certification period; and

C. The department may renew a certification for a period not to exceed 24 months.

D. The department may renew a certification when the following are received by the department:

1. A properly completed renewal application provided by the department;

2. The applicable, nonrefundable certification renewal fee; and

3. Official documentation according to subsection B of this section.

E. Any examiner renewal application received by the department shall meet all renewal requirements prior to the expiration date of a certification or shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

6VAC20-173-150. Detector canine handler examiners administrative requirements and standards of conduct.

A. All private security services certified personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

B. Administrative requirements. An examiner shall:

1. Maintain at all times with the department his mailing address and email address if applicable. Notification of any address change shall be in writing and received by the department no later than 10 days after the effective date of the change.

2. Inform the department, and the business or training school for which the individual is employed if applicable, in writing within 10 days after pleading guilty or nolo contendere, and after being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

3. Inform the department and the licensed business or training school for which the individual is employed or utilized in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction .

4. Satisfy all judgments to include binding arbitrations related to private security services not provided.

5. Notify the department within 10 calendar days following termination of his employment as an examiner for a business or training school.

6. Conduct examinations in accordance with the standards of the Department of Defense Military Working Dog Program, Scientific Working Group on Dog and Orthogonal Detector Guidelines, or other nationally recognized organization approved by the department.

7. Notify the department within 10 calendar days following termination of any certification as a detector canine handler examiner or equivalent with any national organization, a unit of the United States military, or another formal entity involved with certifying, training, or setting standards for detection canines.

8. Notify the department in writing within 10 calendar days of determining that a detector canine handler or detector canine fails to successfully complete the certification examination as prescribed in 6VAC20-174.

9. Maintain documentation and a photograph of the examined detector canine team for three years for all examinations conducted that verifies compliance with requirements pursuant to the Code of Virginia, 6VAC20-174, and this chapter.

10. Utilize only department-approved certification examinations for the testing and certification of detector canine teams.

C. Standards of conduct. An examiner shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms,. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

3. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-172, 6VAC20-174, or this chapter.

4. Not commit any act or omission that results in a private security license, registration, or certification being suspended, revoked, or not renewed or the licensee, registrant or certificate holder otherwise being disciplined in any jurisdiction.

5. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

6. Not engage in acts of unprofessional conduct in the practice of private security services.

7. Not engage in acts of negligent or incompetent private security services.

8. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

9. Not violate any state or local ordinances relating to private security services.

10. Not publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading.

11. Not provide false or misleading information to representatives of the department.

12. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

6VAC20-173-160. Instructor alternatives.

A. Subject matter specialist.

1. Training schools may employ or otherwise utilize individuals as subject matter specialists to provide instruction in specific areas of a training curriculum. During the approved portions of training, a certified instructor is not required to be present.

2. The training school shall obtain written authorization from the department prior to any subject matter specialist providing instruction. Written authorization may be requested by submitting on a form provided by the department:

a. A written request for authorization specifically outlining the requested subject matter; and

b. Documentation that supports the individual's credentials for instructing in the proposed subject matter.

3. The department may issue a written authorization for a period not to exceed 24 months.

B. Guest lecturer. Training schools may employ or otherwise utilize individuals as guest lecturers in specific areas of a training curriculum. A certified instructor is required to be present during all portions of training conducted by a guest lecturer.

6VAC20-173-170. Private security services training session.

A. Training sessions will be conducted in accordance with requirements established in this chapter. Adherence to the administrative requirements, attendance, and standards of conduct are the responsibility of the training school, training school director, and instructor of the training session.

B. Administrative requirements.

1. In a manner approved by the department, a notification to conduct a training session shall be submitted to the department. All notifications shall be received by the department, or postmarked if mailed, no less than seven calendar days prior to the beginning of each training session to include the date, time, instructors, and location of the training session. The department may allow a session to be conducted with less than seven calendar days of notification with prior approval. Session notifications require no fee from the training school. A notification to conduct a training session shall be deemed to be in compliance unless the training school director is notified by the department to the contrary.

2. Notification of any changes to the date, time, or location or cancellation of a future training session must be submitted to the department in writing and received by the department at least 24 hours in advance of the scheduled starting time of the class. In the event that a session must be canceled on the scheduled date, the department must be notified immediately followed by a cancellation in writing as soon as practical.

3. Course outline and training objectives must be approved by the department prior to offering a course of instruction for enrollment.

4. The training school director shall issue an original training completion form provided by the department to each student who satisfactorily completes a training session no later than five business days following the training completion date.

5. In a manner approved by the department, the training school director shall submit an original training completion roster to the department affirming each student's successful completion of the session. The training completion roster shall be received by the department within seven calendar days or, if mailed, postmarked no later than five business days following the training completion date and must be accompanied by the applicable, nonrefundable processing fee.

6. A written examination shall be administered at the conclusion of each entry-level training session. The examination shall be based on the applicable learning objectives. The student must attain a minimum grade of 70% for all entry-level training examinations and pass any applicable practical exercises to satisfactorily complete the training session.

7. Firearms classroom training shall be separately tested and graded. Individuals must achieve a minimum score of 70% on the firearms classroom training examination.

8. Failure to achieve a minimum score of 70% on the firearms classroom written examination will exclude the individual from the firearms range training.

9. To successfully complete the handgun or shotgun firearms range training, the individual must achieve a minimum qualification score of 75% of the scoring value of the target.

10. To successfully complete the advanced firearms range training, the individual must achieve a minimum qualification score of 92% of the scoring value of the target.

11. To successfully complete the patrol rifle firearms range training, the individual must achieve a minimum qualification score of 85% of the scoring value of the target.

C. Attendance.

1. Private security services business personnel enrolled in an approved training session are required to be present for the hours required for each training session unless they have been granted a partial exemption to training from the department.

2. Tardiness and absenteeism will not be permitted. Individuals violating these provisions will be required to make up any training missed. All training must be completed within the 12 months prior to application of a registration or certification. Individuals not completing the required training within this period are required to complete the entire training session.

3. Individuals who do not successfully complete the compulsory minimum training standards of the training session shall not be issued a training completion form or training certificate.

4. Each individual attending an approved training session shall comply with the regulations promulgated by the board and any other rules within the authority of the training school. If the training school director or instructor considers a violation of the rules detrimental to the training of other students or to involve cheating on examinations, the training school director or instructor may expel the individual from the school. Notification of such action shall immediately be reported to the employing firms and the department.

D. Standards of conduct.

1. The training school, training school director, and instructor shall at all times conform to the application requirements, administrative requirements, and standards of conduct established for certification as a training school and instructor.

2. Training sessions will be conducted by certified instructors or other individuals authorized to provide instruction pursuant to this chapter and each of whom must be present for all periods of instruction unless otherwise authorized by the department.

3. Training sessions will be conducted utilizing lesson plans developed including at a minimum the compulsory minimum training standards established by the board as prescribed in 6VAC20-174.

4. Instruction shall be provided in no less than 50-minute classes.

5. Training sessions shall not exceed nine hours of classroom instruction per day. Range qualification and practical exercises shall not be considered classroom instruction; however, total training, including the maximum allotment of nine hours classroom instruction and applicable range qualification and practical exercises, shall not exceed 12 hours per day. This does not include time allotted for breaks, meals, and testing.

6. All audiovisual training aids must be accompanied by a period of instruction where the instructor reviews the content of the presentation and the students are provided the opportunity to ask questions regarding the content.

7. A training session must adhere to the minimum compulsory training standards as set forth by the board and must be presented in its entirety. Training school directors may require additional hours of instruction, testing, or evaluation procedures.

8. A training session must provide accurate and current information to the students.

9. Mandated training that is not conducted in accordance with the Code of Virginia, 6VAC20-174, and this chapter is null and void.

10. A duplicate set of instructor course materials, including all student materials, shall be made available to any department inspector during the training session, if requested.

11. Certifiable in-service training may include a maximum of one hour of instruction dedicated to the review of regulations unless otherwise authorized by the department.

12. Live ammunition, pyrotechnics, and explosives are not to be utilized or present in any firearms training environment except on a firing range approved by the department.

6VAC20-173-180. Online in-service training programs.

Online training programs may only be offered for compulsory minimum in-service training requirements. Online training programs shall meet the following requirements:

1. All online schools shall maintain a private security services training school certification in good standing and meet all of the administrative requirements and standards of conduct specified in this chapter.

2. All online training courses must meet the minimum compulsory in-service training standards as prescribed in 6VAC20-174 to include topic and hour requirements.

3. All online training courses must provide that a private security services instructor certified in the category of training in which the course is being offered is available to the students during normal business hours.

4. All online training material to include complete course content, performance objectives, and other applicable instructional material of mandated compulsory training requirements must be approved by the department prior to offering a course of instruction for enrollment.

5. Certifiable in-service training may include a maximum of one hour of instruction dedicated to the review of regulations unless otherwise authorized by the department.

6. All online training course content, lesson plans, course objectives, and other applicable instructional material must be updated every two years to ensure curriculum is current.

7. All online training must be delivered through a learning management system capable of managing training records, delivering course content, monitoring participation, assessing performance, and creating and editing course content.

8. Students enrolled in an online training program shall successfully complete all course material within 30 days of the first log-on to the training school learning management system or prior to the registration or certification expiration date or final reinstatement date.

9. All online training must include assessment instruments that evaluate student performance.

10. Training schools offering online courses that accept credit card payments shall subscribe to an e-commerce solution service to protect the security and integrity of the monetary transaction.

11. The learning management system used by a certified training school shall allow the department auditing access to the training system. Such auditing access shall be available 24 hours a day, seven days a week.

12. The learning management system shall be capable of generating a unique electronic notification of training completion for each student completing the course requirements and each course of instruction on a 24-hour a day basis.

13. The training completion form shall include the following:

a. The name, a unique identification number, and address of the individual;

b. The name of the particular course that the individual completed;

c. Dates of course completion;

d. Name, address, telephone number, and license number of the training school; and

e. Name and DCJS identification number of the school director and primary instructor.

14. The learning management system shall be capable of generating a training certificate for each student and each course of instruction that can be printed by the student's computer and printer. This training certificate shall only be made available to the student upon successful completion of all course material.

15. The learning management system shall be capable of capturing and archiving student information for a period of not less than three years.

16. Training schools offering online training courses will designate one individual as the network administrator for that school's network server. The network administrator will be the technical contact between the department and the training school. Upon termination of the services of the designated network administrator, a new administrator shall be designated and notification made to the department within 10 days after effective date of the change.

Part VIII
Additional Category and Replacement Certification

6VAC20-173-190. Additional category application.

A. Individuals may apply for multiple certification categories during the initial application process by completing the applicable requirements for each category.

B. Certified individuals seeking to add categories to a current certification must:

1. Successfully complete all initial requirements for each additional certification category requested pursuant to this chapter;

2. Submit a properly completed application provided by the department; and

3. Submit the applicable, nonrefundable application fee.

6VAC20-173-200. Replacement certification.

Certified individuals seeking a replacement state-issued certification card shall submit to the department:

1. A properly completed application provided by the department; and

2. The applicable, nonrefundable application fee.

Part IX
Reinstatement and Renewal Extension

6VAC20-173-210. Reinstatement.

A. Any training school, instructor, or detector canine handler examiner certification not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be certified with the department to provide private security services.

B. A renewal application must be received by the department within 60 days following the expiration date of the certification in order to be reinstated by the department providing all renewal requirements have been met. Prior to reinstatement the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid certification including during the reinstatement period.

C. No certification shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date of the license. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

E. When a certification is reinstated, the applicant shall continue to have the same DCJS number and shall be assigned an expiration date two years from the previous expiration date of the certification.

F. An applicant who reinstates shall be regarded as having been continuously certified without interruption. Therefore, the applicant shall remain under the disciplinary authority of the department during this entire period and may be held accountable for his activities during this period.

G. A person who fails to reinstate his certification shall be regarded as uncertified from the expiration date of the certification forward.

H. Nothing in this chapter shall divest the department of its authority to discipline a person for a violation of the law or regulations during the period of time for which the person was certified.

6VAC20-173-220. Renewal extension.

A. An extension of the time period to meet renewal requirements may be approved only under specific circumstances that do not allow private security personnel or training schools to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury;

3. Military or foreign service; or

B. A request for extension shall:

1. Be submitted in writing, dated, and signed by the individual or principal of a certified entity prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department based on an evaluation of the justification for waiver;

2. Indicate the projected date the person or training school will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness, a copy of the government orders, or documentation of emergency temporary assignment.

C. Applications for additional extensions may be approved upon written request of the person or training school.

E. The private security services person or training school shall be nonoperational during the period of extension unless otherwise (i) issued a temporary exemption and (ii) authorized by the department pursuant to § 9.1-139 of the Code of Virginia.

Part X
Sanctions; Exemptions; Recognition/Reciprocity

6VAC20-173-230. Denial, probation, suspension, and revocation.

A. The department may deny a certification in which any person or principal of an applying training school has been convicted in any jurisdiction of any felony or of a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The record of a conviction, authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted, shall be admissible as prima facie evidence of such conviction.

B. The department may deny a certification in which any person or principal of an applying training school (i) has not maintained good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field; (ii) has had his license, registration, or certification denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) has otherwise been disciplined in connection with a disciplinary action prior to applying for licensing, registration, or certification in Virginia.

C. Any false or misleading statement on any state application or supporting documentation is grounds for denial or revocation and may be subject to criminal prosecution.

D. The department may deny certification for other just cause.

E. A training school, instructor, or detector canine handler examiner shall be subject to disciplinary action for violations or noncompliance with the Code of Virginia or this chapter. Disciplinary action shall be in accordance with procedures prescribed by the Administrative Process Act. The disciplinary action may include but is not limited to a letter of censure, fine, probation, suspension, or revocation.

F. If a certified person is subject to disciplinary action for violations or noncompliance with the Code of Virginia or this chapter, the department will notify the last known certified private security services training school by which they were employed or affiliated.

6VAC20-173-240. Exemptions; recognition and reciprocity.

A. The department may grant a temporary exemption from the requirements for certification for a period of not more than 30 days in a situation deemed an emergency by the department.

B. The department may recognize administrative and application requirements for certification based on agreements that have been entered into with other states and approved by the board.

Part XI
Complaints; Department Actions and Sanctions; Adjudication

6VAC20-173-250. Complaint submittal requirements.

B. Any aggrieved or interested person may file a complaint against any individual, person, firm or licensed firm, or school or certified school whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing private security services or this chapter.

C. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, and providing sufficient detailed information for the department to conduct an investigation; or

6VAC20-173-260. Department investigation.

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this chapter.

B. Documentation.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this chapter.

6VAC20-173-270. Disciplinary action, sanctions, publication of records.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation of or in noncompliance with the Code of Virginia or of this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of certification or approval granted for any period of time;

4. Revocation;

5. Refusal to issue, renew, or reinstate a certification or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted;

7. Remedial training; or

8. Conditional agreements.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this chapter but do not hold a valid certification. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director may summarily suspend a certification under this chapter without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations would constitute a life-threatening situation, has resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm, personal injury, or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all persons, firms, training schools, and school directors whose conduct and activities are subject to this chapter and have been sanctioned or denied certification or approval.

6VAC20-173-280. Fines; administrative and investigative costs.

A. The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation, or denial of any certification. Such costs shall be in addition to any monetary penalty that may be imposed.

B. All monetary penalties imposed as a sanction shall be deposited into the state treasury to the credit of the State Literary Fund.

6VAC20-173-290. Hearing process.

6VAC20-173-300. Informal fact-finding conference.

6VAC20-173-310. Formal hearing.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine or to suspend, revoke, or deny issuance or renewal of any certification or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such certification or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

6VAC20-173-320. Appeals.

6VAC20-173-330. Court review; appeal of final order.

A. The agency's final administrative decision (final agency order) may be appealed. Any person affected by and claiming the unlawfulness of the agency's final case decision shall have the right to direct review thereof by an appropriate and timely court action. Such appeal actions shall be initiated in the circuit court of jurisdiction in which the party applying for review resides; however, if such party is not a resident of Virginia, the venue shall be in the City of Richmond, Virginia.

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect, unless the court issues a stay of the order.

FORMS (6VAC20-173)

Instructor

Private Security Services - Firearms Instructor In-Service Training Enrollment (eff. 10/12)

Private Security Services - General Instructor Entry Level Training Enrollment (eff. 10/12)

Private Security Services - General Instructor In-Service Training Enrollment (eff. 10/12)

Private Security Services - Initial Instructor Application (eff. 10/12)

Private Security Services - Renewal Instructor Application (eff. 10/12)

Training School

Private Security Services - Initial Training School Application (eff. 2/13)

Private Security Services - Training Completion Form (eff. 10/12)

Private Security Services - Training Session Notification Form (eff. 10/12)

Private Security Services - Renewal Training School Application (eff. 10/12)

Private Security Services - Training School Compliance Inspection Form (eff. 10/12)

Private Security Services - Training Completion Roster Application (eff. 10/12)

Private Security Services - Subject Matter Specialist and Guest Lecturers Form (eff. 10/12)

Private Security Services - Bond (eff. 10/12)

Private Security Services - Irrevocable Consent for Service Form (eff. 10/12)

Private Security Services - Address Change Form for Schools (eff. 10/12)

Private Security Services - School Director Designation and Acceptance Form (eff. 10/12)

Private Security Services - School Staff Change Form (eff. 10/12)

Private Security Services - Training School Add Category Form (eff. 10/12)

Fingerprint Processing

DCJS Fingerprint Cards Order Form (undated)

Fingerprint Processing Application (eff. 10/12)

Criminal History Supplemental Form (eff. 10/12)

Fingerprint Application Instructions (eff. 10/12)

Acceptable Documents for Verifying Legal Presence/Name Change (eff. 10/12)

Miscellaneous

Complaint Form (eff. 10/12)

Firearms Discharge Report (eff. 10/12)

Partial Training Exemption Application - Entry Level (eff. 10/12)

Partial Training Exemption Application - In-Service (eff. 10/12)

Request for Extension Form (eff. 10/12)

Individual Address Change Form (eff. 10/12)

Credit Card Authorization Form (eff. 10/12)

CHAPTER 174
REGULATIONS RELATING TO PRIVATE SECURITY SERVICES REGISTERED PERSONNEL

Part I
Definitions

6VAC20-174-10. Definitions.

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Business advertising material" means display advertisements in telephone directories, on letterhead, on business cards, in local newspaper advertising, and in contracts.

"Class" means a block of instruction no less than 50 minutes in length on a particular subject.

"Classroom training" means instruction conducted in person by an instructor to students in an organized manner utilizing a lesson plan.

"Date of hire" means the date any employee of a private security services business or training school performs services regulated or required to be regulated by the department.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Electronic images" means an acceptable method of maintaining required documentation through the scanning, storage, and maintenance of verifiable electronic copies of original documentation.

"Employee" means a natural person employed by a licensee to perform private security services that are regulated by the department.

"End user" means any person who purchases or leases electronic security equipment for use in that person's home or business.

"In-service training requirement" means the compulsory in-service training standards adopted by the Criminal Justice Services Board for private security services business personnel.

"Job-related training" means training specifically related to the daily job functions of a given category of registration or certification as defined in this chapter.

"Official documentation" means personnel records; Certificate of Release or Discharge from Active Duty (DD214); copies of business licenses indicating ownership; law-enforcement transcripts; certificates of training completion; a signed letter provided directly by a current or previous employer detailing dates of employment and job duties; college transcripts; letters of commendation; private security services registrations, certifications, or licenses from other states; and other employment, training, or experience verification documents. A resume is not considered official documentation.

"Performance of his duties" means on duty in the context of this chapter.

"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.

"Private security services business personnel" means each employee of a private security services business who is employed as an unarmed security officer, armed security officer/courier, armored car personnel, security canine handler, detector canine handler, private investigator, personal protection specialist, alarm respondent, locksmith, central station dispatcher, electronic security employee, electronic security sales representative, electronic security technician, or electronic security technician's assistant.

"Reciprocity" means the relation existing between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Recognition" means the relation of accepting various application requirements between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Session" means a group of classes comprising the total hours of mandated compulsory minimum training standards in any of the categories of licensure, registration, or certification in accordance with this part and in accordance with §§ 9.1-150.2, 9.1-185.2 and 9.1-186.2 of the Code of Virginia.

"This chapter" means the Regulations Relating to Private Security Services Registered Personnel (6VAC20-174).

"Training certification" means verification of the successful completion of any training requirement established in this chapter.

"Training requirement" means any entry-level, in-service, or firearms training or retraining standard established in this chapter.

"Uniform" means any clothing with a badge, patch, or lettering that clearly identifies persons to any observer as private security services business personnel, not law-enforcement officers.

Part II
Application Fees

6VAC20-174-20. Fees.

A. Schedule of fees. The fees listed below reflect the costs of handling, issuance, and production associated with administering and processing applications for registration and other administrative requests for services relating to private security services.

CATEGORIES	FEES
Fingerprint processing application	$50
Initial registration	$25
Registration renewal	$20
Additional registration category form	$20
Replacement registration card	$20
Firearm endorsement	$10
Entry-level training exemption	$25
In-service training alternative credit evaluation	$25

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for registration renewal applications not received on or before the expiration date of the expiring registration.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the registration or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the registration or authority it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the person or registrant may request that the suspended registration or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

Part III
Criminal History Records Search

6VAC20-174-30. Fingerprint processing.

A. On or before the first date of hire, each person applying for a private security registration shall submit to the department:

1. One completed fingerprint card provided by the department or another electronic method approved by the department;

2. A fingerprint processing application;

3. The applicable, nonrefundable fee; and

4. All criminal history conviction information on a form provided by the department.

E. Fingerprint applications will be active for 120 days from the date of submittal. Applications for registrations must be submitted within that 120-day period or initial fingerprint submittal will be required.

Part IV
Application Procedures and Requirements

6VAC20-174-40. Initial registration application.

A. Individuals required to be registered, pursuant to § 9.1-139 C of the Code of Virginia, in the categories of armored car personnel, courier, unarmed security officer, armed security officer, security canine handler, explosives detector canine handler, narcotics detector canine handler, private investigator, personal protection specialist, alarm respondent, locksmith, central station dispatcher, electronic security sales representative, electronic security technician, or electronic security technician's assistant shall meet all registration requirements in this section. Prior to the issuance of a registration, the applicant shall meet or exceed the requirements of registration and application submittal to the department as set forth in this section. Individuals who carry or have access to a firearm while on duty must have a valid registration with a firearm endorsement pursuant to this chapter. If carrying a handgun concealed, the individual must also have (i) a valid concealed handgun permit pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia and (ii) the written permission of his employer.

B. Each person applying for registration shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Successfully complete all initial training requirements for each registration category requested, including firearms endorsement if applicable, pursuant to the compulsory minimum training standards as set forth in this chapter; and

3. Be a United States citizen or legal resident alien of the United States.

C. Each person applying for registration shall file with the department:

1. A properly completed application provided by the department;

2. On the application, his mailing address;

3. Fingerprint card; and

4. The applicable, nonrefundable application fee.

D. Each person seeking or required to seek registration as an unarmed security officer, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, or an electronic security technician's assistant may be employed for a period not to exceed 90 consecutive days in any categories listed in this subsection while completing the compulsory minimum training standards, provided:

1. Fingerprints have been submitted;

2. The individual is not employed in excess of 120 days without having been issued a registration from the department; and

3. The individual did not fail to timely complete the required training with a previous employer.

E. Upon completion of the initial registration application requirements, the department may issue an initial registration for a period not to exceed 24 months.

F. The department may issue a letter of temporary registration valid for not more than 120 days while awaiting the results of the state and national fingerprint search, provided the applicant has met the necessary conditions and requirements.

G. Each registration shall be issued to the individual named on the application and shall be valid only for use by that individual. No registration shall be assigned or otherwise transferred to another individual.

H. Each registrant shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-174-50. Renewal registration application.

A. Applications for registration renewal shall meet all renewal requirements and should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address or email address provided by the registrant. However, if a renewal notification is not received by the individual, it is the responsibility of the individual to ensure renewal requirements are filed with the department. Registration renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for registration renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully complete the in-service training, and firearms retraining if applicable, pursuant to the compulsory minimum training standards set forth by this chapter; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a registration when the following are received by the department:

1. A properly completed renewal application provided by the department;

2. For individuals applying for renewal with the category of armored car personnel, a fingerprint card;

3. The applicable, nonrefundable registration renewal fee; and

4. For individuals with firearms endorsements, evidence of completion of annual firearms retraining in accordance with this chapter.

D. Upon completion of the renewal registration application requirements, the department may issue a registration for a period not to exceed 24 months.

E. Any renewal application received by the department shall meet all renewal requirements prior to the expiration date of a registration or shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

6VAC20-174-60. Firearms endorsement.

A. A firearms endorsement is required for all private security services business personnel who carry or have access to a firearm while on duty. Each person who carries or has access to firearms while on duty shall qualify with each type of action and caliber of firearm to which he has access.

B. Each person applying for a firearms endorsement shall meet the minimum requirements for eligibility as follows:

1. Must be registered in a regulated category.

2. Must complete entry-level handgun training and, if applicable, shotgun and patrol rifle training as described in this chapter.

C. All armed private security services business personnel with the exception of personal protection specialist must satisfactorily complete applicable firearms retraining.

D. All armed personal protection specialists must satisfactorily complete advanced handgun retraining and firearms retraining for shotgun and patrol rifle if applicable.

E. Firearms endorsements are issued for a period not to exceed 12 months. Individuals must complete firearms retraining within the 90 days prior to the expiration of their current firearm endorsement or will be required to complete entry-level training requirements prior to applying for an active endorsement.

6VAC20-174-70. Additional registration category application.

A. Individuals may apply for multiple registration categories during the initial application process by completing the applicable training requirements for each category.

B. Registrants seeking to add categories to a current registration must:

1. Successfully complete all initial training requirements for each additional registration category requested pursuant to the compulsory minimum training standards of this chapter;

2. Submit a properly completed application provided by the department; and

3. Submit the applicable, nonrefundable application fee.

C. Individuals may avoid paying a separate fee for additional registration categories when the categories are requested on the application for renewal.

6VAC20-174-80. Replacement registration.

Registrants seeking a replacement state-issued registration card shall submit to the department:

1. A properly completed application provided by the department; and

2. The applicable, nonrefundable application fee.

6VAC20-174-90. Reinstatement.

A. Any registration not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be registered with the department to provide private security services.

B. A renewal application must be received by the department within 60 days following the expiration date of the registration in order to be reinstated by the department providing all renewal requirements have been met. Prior to reinstatement the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid registration including during reinstatement period.

C. No registration shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

E. When a registration is reinstated, the applicant shall continue to have the same DCJS number and shall be assigned an expiration date two years from the previous expiration date of the registration.

F. An applicant who reinstates shall be regarded as having been continuously registered without interruption. Therefore, the applicant shall remain under the disciplinary authority of the department during this entire period and may be held accountable for his activities during this period.

G. A person who fails to reinstate his registration shall be regarded as unregistered from the expiration date of the registration forward.

H. Nothing in this chapter shall divest the department of its authority to discipline a person for a violation of the laws or regulations during the period of time for which the person was registered.

I. Firearms endorsements are not eligible for reinstatement. If renewal requirements are not met pursuant to this chapter, the applicant shall meet all initial application requirements, including applicable initial firearms training requirements.

6VAC20-174-100. Renewal extension.

A. An extension of the time period to meet renewal requirements may be approved only under specific circumstances that do not allow private security personnel to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury;

3. Military or foreign service; or

B. A request for extension shall:

1. Be submitted in writing, dated, and signed by the individual prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department based on an evaluation of the justification for waiver;

2. Indicate the projected date the person will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness, a copy of the government orders, or documentation of emergency temporary assignment.

C. Applications for additional extensions may be approved upon written request of the person.

E. The private security services person shall be nonoperational during the period of extension unless (i) otherwise issued a temporary exemption and (ii) authorized by the department pursuant to § 9.1-139 of the Code of Virginia.

Part V
Application Sanctions; Exemptions; Recognition and Reciprocity

6VAC20-174-110. Denial, probation, suspension, and revocation.

A. The department may deny a registration in which any person has been convicted in any jurisdiction of any felony or of a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The record of a conviction, authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted, shall be admissible as prima facie evidence of such conviction.

B. The department may deny registration in which any person (i) has not maintained good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field; (ii) has had his license, registration, or certification denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) has otherwise been disciplined in connection with a disciplinary action prior to applying for registration in Virginia.

C. Any false or misleading statement on any state application or supporting documentation is grounds for denial or revocation and may be subject to criminal prosecution.

D. The department may deny registration for other just cause.

E. A registrant shall be subject to disciplinary action for violations of or noncompliance with the Code of Virginia or this chapter. Disciplinary action shall be in accordance with procedures prescribed by the Administrative Process Act. The disciplinary action may include but is not limited to a letter of censure, fine, probation, suspension, or revocation.

F. If a registrant is subject to disciplinary action for violations of or noncompliance with the Code of Virginia or this chapter, the department will notify the last known licensed or certified private security services business or training school by which they were employed or affiliated.

6VAC20-174-120. Exemptions; recognition and reciprocity.

A. The department may grant a temporary exemption from the requirements for registration for a period of not more than 30 days in a situation deemed an emergency by the department.

B. The department may recognize administrative and application requirements for registration based on agreements that have been entered into with other states and approved by the board.

Part VI
Administrative Requirements and Standards of Conduct

6VAC20-174-130. General requirements.

All private security services registered personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

6VAC20-174-140. Administrative requirements.

A registrant shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Maintain at all times with the department his mailing address, email address, and phone number, if applicable. Written notification of any change in mailing address, email address, or phone number shall be in writing and received by the department no later than 10 days after the effective date of the change.

3. Inform the department, and the business for which the individual is employed if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

4. Inform the department, and the business for which the individual is employed if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

5. Inform the department, and the compliance agent of the licensee if employed by a private security services business, of any incident in which any registrant has discharged a firearm while on duty, excluding any training exercise. This report shall be made within 24 hours of the incident.

6VAC20-174-150. Standards of conduct.

A registrant shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia or this chapter.

3. Not commit any act or omission that results in a private security license, registration, or certification being suspended, revoked, or not renewed or the licensee, registrant, or certificate holder otherwise being disciplined in any jurisdiction.

4. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

5. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

6. Not solicit or contract to provide any private security services without first having obtained a private security services business license with the department.

7. Carry a valid registration card or valid temporary registration letter at all times while on duty. Individuals requiring registration as an unarmed security officer, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, or an electronic security technician may be employed for not more than 90 consecutive days in any category listed in this subdivision while completing the compulsory minimum training standards and may not be employed in excess of 120 days without having been issued a registration or an exception from the department and must carry a photo identification and authorization from their employer on a form provided by the department at all times while on duty.

8. Carry the private security state-issued registration card at all times while on duty once the authorization has been approved from the department, except those individuals operating outside the Commonwealth of Virginia who shall obtain the state-issued registration card prior to providing services when physically located in the Commonwealth.

9. Perform those duties authorized by his registration only while employed by a licensed private security services business and only for the clients of the licensee. This shall not be construed to prohibit an individual who is registered as an armed security officer from being employed by a nonlicensee as provided for in § 9.1-140 of the Code of Virginia.

10. Possess a valid firearms training endorsement if he carries or has access to firearms while on duty and then only those firearms by type of action and caliber to which he has been trained on and is qualified to carry. Carry or have access to a patrol rifle while on duty only with the expressed written authorization of the licensed private security services business employing the registrant.

11. Carry a firearm concealed while on duty only with the expressed written authorization of the licensed private security services business employing the registrant and only in compliance with Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia.

12. Transport, carry, and utilize firearms while on duty only in a manner that does not endanger the public health, safety, and welfare.

13. If authorized to make arrests, make arrests in full compliance with the law and using only the minimum force necessary to effect an arrest.

14. Engage in no conduct that shall mislead or misrepresent through word, deed, or appearance that a registrant is a law-enforcement officer or other government official.

15. Display one's registration or temporary registration along with a photo identification while on duty in response to the request of a law-enforcement officer, department personnel, or client. Individuals providing private security services as authorized pursuant to subdivision 7 of this section who have not received their registration must display a state-issued photo identification and authorization while on duty in response to the request of a law-enforcement officer, department personnel, or a client.

16. Not perform any unlawful or negligent act resulting in a loss, injury, or death to any person.

17. If a uniform is required, wear the uniform required by his employer. If wearing a uniform while employed as an armed security officer, unarmed security officer, alarm respondent, or armored car personnel, that uniform must:

a. Include at least one insignia clearly identifying the name of the licensed firm employing the individual and, except armored car personnel, a nameplate or tape bearing, at a minimum, the individual's last name attached on the outermost garment, except rainwear worn only to protect from inclement weather; and

b. Include no patch or other writing (i) containing the word "police" or any other word suggesting a law-enforcement officer; (ii) containing the word "officer" unless used in conjunction with the word "security"; or (iii) resembling any uniform patch or insignia of any duly constituted law-enforcement agency of this Commonwealth, its political subdivisions, or the federal government.

18. When providing central station monitoring services, attempt to verify the legitimacy of a burglar alarm activation by calling the site of the alarm. If unable to make contact, call one additional number provided by the alarm user who has the authority to cancel the dispatch. This shall not apply if the alarm user has provided written authorization requesting immediate dispatch or one-call dispatch to both his local police department and his dealer of record. This shall not apply to duress or hold-up alarms.

19. Act only in such a manner that does not endanger the public health, safety, and welfare.

20. Not represent as one's own a registration issued to another individual.

21. Not falsify, or aid and abet others in falsifying, training records for the purpose of obtaining a license, registration, certification, or certification as a compliance agent, training school, school director, or instructor.

22. Not provide information obtained by the registrant or his employing firm to any person other than the client who secured the services of the licensee without the client's prior written consent. Provision of information in response to official requests from law-enforcement agencies, the courts, or the department shall not constitute a violation of this chapter. Provision of information to law-enforcement agencies pertinent to criminal activity or to planned criminal activity shall not constitute a violation of this chapter.

23. Not engage in acts of unprofessional conduct in the practice of private security services.

24. Not engage in acts of negligent or incompetent private security services.

25. Not make any misrepresentation or make a false promise to a private security services business client or potential private security services business client.

26. Satisfy all judgments to include binding arbitrations related to private security services not provided.

27. Not provide false or misleading information to representatives of the department.

28. Not provide materially incorrect, misleading, incomplete, or untrue information on a registration application, renewal application, or any other document filed with the department.

Part VII
Training Requirements and Exemptions

6VAC20-174-160. Entry-level training.

A. Each person employed by a private security services business or applying to the department for registration as an unarmed security officer, an armed security officer/courier, a personal protection specialist, armored car personnel, a security canine handler, an explosives detector canine handler, a narcotics detector canine handler, a private investigator, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, or an electronic security technician, or electronic security technician's assistant as defined by § 9.1-138 of the Code of Virginia must meet the compulsory minimum training standards herein established, unless provided for otherwise in accordance with this chapter.

B. Training will be credited only if application for registration is received by the department within 12 months of completion of training.

6VAC20-174-170. In-service training.

Each person registered with the department as an armed security officer/courier, a personal protection specialist, armored car personnel, a security canine handler, a narcotics detector canine handler, an explosives detector canine handler, a private investigator, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, an unarmed security officer, or an electronic security technician's assistant shall complete the compulsory in-service training standard once during each 24-month period of registration.

6VAC20-174-180. Training exemptions.

Persons who meet the statutory requirements as set forth in § 9.1-141 of the Code of Virginia may apply for a partial exemption from the compulsory training standards. Individuals requesting such partial exemption shall file an application furnished by the department and include the applicable, nonrefundable application fee. The department may issue such partial exemption on the basis of individual qualifications as supported by required documentation. Those applying for and receiving exemptions must comply with all regulations promulgated by the board. Each person receiving a partial exemption for entry-level training must apply to the department for registration within 12 months from the date of issuance, otherwise the partial exemption shall become null and void.

6VAC20-174-190. Entry-level training exemption.

A. Persons previously employed as law-enforcement officers who have not terminated or been terminated from said employment more than five years prior to the application date must submit official documentation of the following with the application for exemption:

1. Completion of law-enforcement entry-level training; and

2. Five continuous years of law-enforcement employment provided such employment as a law-enforcement officer was not terminated due to misconduct or incompetence.

B. Persons having previous training or employment in any of the classifications defined in § 9.1-138 of the Code of Virginia must submit official documentation of the following with the application for exemption:

1. Completion of previous private security training that has been approved by the department and that meets or exceeds the compulsory minimum training standards promulgated by the board; or

2. Five years continuous employment in the category for which exemption is sought, provided such employment was not terminated due to misconduct or incompetence and such employment ended within five years of the date of application.

6VAC20-174-200. In-service training exemption.

Persons who have completed training that meets or exceeds the compulsory minimum training standards promulgated by the board for the in-service training required for the individual's particular category may be authorized credit for such training, provided the training has been completed within 24 months of the expiration date of the registration period during which in-service training is required. Such training must be provided by a third party organization category. Official documentation of the following must accompany the application for in-service training credit:

1. Information regarding the sponsoring organization, including documentation regarding the instructor for each session;

2. An outline of the training session material, including the dates, times, and specific subject matter; and

3. Proof of attendance and successful completion.

Part VIII
Compulsory Minimum Training Standards

6VAC20-174-210. Alarm respondent - compulsory minimum training requirements:

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Alarm respondent - 18 hours

01E: Security Officer Core Subjects - 18 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course, excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Security officer core subjects (01E) - 18 hours (excluding examination)

The entry-level curriculum for alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training

6VAC20-174-220. Armed security officer/courier - compulsory minimum training requirements.

Armed security officer/courier - 50 hours (53 hours including shotgun training)

a. 01E: Security Officer Core Subjects - 18 hours

b. 05E: Armed Security Officer Arrest Authority - 8 hours

c. 075E: Security Officer Handgun - 24 hours

d. 08E: Entry-level Shotgun - 3 hours (if applicable - to also have access to a shotgun while on duty, the additional shotgun course is required)

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Security officer core subjects (01E) - 18 hours (excluding examination)

The entry-level curriculum for alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

2. Armed Security Officer Arrest Authority (05E) - 8 hours (excluding examination)

a. Arrest powers, policies, and procedures

b. Written comprehensive examination

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training (not including range retraining)

6VAC20-174-230. Armored car personnel – compulsory minimum training requirements.

Armored car personnel - 28 hours (31 hours with shotgun)

a. 03E: Armored Car Procedures - 12 hours

b. 07E: Entry-level Handgun - 16 hours

c. 08E: Entry-level Shotgun - 3 hours (if applicable - to also have access to a shotgun while on duty, the additional shotgun course is required)

Armored Car Procedures (03E) - 12 hours (excluding examination)

a. Administration and armored car orientation

b. Signs of terrorism

c. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

d. Armored car procedures

e. Written comprehensive examination

(03I) Armored Car Personnel In-Service - 4 hours job-related training (not including range retraining)

6VAC20-174-240. Central station dispatcher – compulsory minimum training requirements.

Central station dispatcher - 8 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 38E: Central Station Dispatcher - 4 hours

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Central station dispatcher (38E) - 4 hours (excluding examination)

a. Central station dispatcher subjects

(1) Duties and responsibilities

(2) Communications skills

(3) Emergency procedures

b. Written comprehensive examination

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

6VAC20-174-250. Detector canine handler – compulsory minimum training requirements.

Detector Canine Handler - 160 hours (excluding certification examination)

a. 04ED: Detector Canine Handler - 160 hours

b. Certification exam by a certified detector canine handler examiner

Detector canine handler (04ED) - 160 hours to include practical exercises (excluding certification exam)

a. Introduction/orientation/administration

(1) Code of ethics

(2) General duties and responsibilities

(3) Legal

(4) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(5) Signs of terrorism

b. Working canines

(1) Historical perspective

(2) Terms and definitions

(3) Methodology and application

(4) Training documentation

(5) Search patterns

c. Basic canine handling (including practical exercises)

(1) Training

(2) Care and health

(3) Emergency medical care

d. Detector canine deployment

Canine behavior: reading and understanding

e. Explosive or narcotics familiarization (including practical exercises)

(1) Illegal narcotics familiarization

(2) Explosives substance and I.E.D. familiarization

(3) Safety

f. Written comprehensive exam

(04ID) Detector Canine Handler In-Service - 8 hours (excluding certification exam)

a. Detector canine team retraining and problem solving

b. Search techniques

c. Terrorist/criminal intelligence updates and team safety

d. Certification exam (conducted by a certified detector canine handler examiner)

6VAC20-174-260. Electronic security technician – compulsory minimum training requirements.

Electronic security technician - 14 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 35E: Electronic Security Technician - 10 hours

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Electronic security technician (35E) - 4 hours (excluding examination)

a. Electronic security technician subjects - 10 hours

(1) Duties and responsibilities

(2) Electronics

(3) Control panels

(4) Protection devices and application

(5) Test equipment

(6) Power and grounding

(7) National electrical code

(8) Job safety

b. Written comprehensive examination

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

6VAC20-174-270. Electronic security technician assistant – compulsory minimum training requirements.

Electronic security technician's assistant - 4 hours

30E: Electronic Security Core Subjects - 4 hours

Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

6VAC20-174-280. Electronic security sales representative – compulsory minimum training requirements.

Electronic security sales representative - 8 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 39E: Electronic Security Sales - 4 hours

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Electronic security sales representative (39E) - 4 hours (excluding examination)

a. Electronic security sales representative subjects

(1) Duties and responsibilities

(2) System design and components

(3) False alarm prevention

b. Written comprehensive examination

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

6VAC20-174-290. Locksmith – compulsory minimum training requirements.

Locksmith - 18 hours

25E: Locksmith - 18 hours

Locksmith (25E) –18 hours (excluding examination)

a. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

b. Signs of terrorism

c. Orientation to locksmithing

(1) History of locksmithing

(2) Ethics

(3) Trade resources

(4) Terminology

(5) Professional conduct

(6) Job safety

d. Public safety codes

(1) National Fire Protection Association Codes 80 and 101

(2) Overview of authorities having jurisdiction (AHJs)

(3) Americans with Disabilities Act of 1990, as amended

(4) Terminology

(5) Safety code resources

e. Technical applications

(1) Terminology (to include definition, purpose, and function)

(2) Locks/types

(3) Handing

(4) Master keying

(5) Key records and codes

(6) Key blanks and keyways

(7) Physical security

(8) Types of client sites

(9) Safes and vaults

(10) Access control

(11) Handling restricted keys

(12) Door system components

(13) Automotive

f. Written comprehensive examination

(25I) Locksmith In-Service - 4 hours job-related training

6VAC20-174-300. Personal protection specialist – compulsory minimum training requirements.

Personal protection specialist - 60 hours

a. 32E: Personal Protection Specialist - 60 hours

b. 07E: Entry-level Handgun - 16 hours (prerequisite for 09E Advanced Handgun)

c. 09E: Advanced Handgun - 14 hours (for armed personal protection specialists)

Personal protection specialist (32E) - 60 hours (excluding written examination and practical exercises)

a. Administration and personal protection orientation

b. Signs of terrorism

c. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

d. Assessment of threat and protectee vulnerability

e. Legal authority and civil law

f. Protective detail operations

g. Emergency procedures

(1) CPR

(2) Emergency first aid

(3) Defensive preparedness

h. Performance evaluation - five practical exercises

i. Written comprehensive examination

(32I) Personal Protection Specialist In-Service - 8 hours job-related training (not including range retraining for armed)

6VAC20-174-310. Private investigator – compulsory minimum training requirements.

Private investigator - 60 hours

02E: Private Investigator Subjects - 60 hours

Private investigator (02E) - 60 hours (excluding examination and practical exercises)

a. Orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Standards of professional conduct

(4) Ethics

(5) Signs of terrorism

b. Law - one practical exercise

(1) Basic law

(2) Legal procedures and due process

(3) Criminal and civil law

(4) Evidence

(5) Legal privacy requirements

c. General investigative skills - one practical exercise

(1) Tools and techniques

(2) Surveillance

(3) Research

(4) Interviewing

d. Documentation - one practical exercise

(1) Report preparations

(2) Photography

(3) Audio recording

(4) General communication

(5) Courtroom testimony

e. Types of investigations - one practical exercise

(1) Accident

(2) Insurance

(3) Background

(4) Domestic

(5) Undercover

(6) Fraud and financial

(7) Missing persons and property

(8) Criminal

f. Written comprehensive examination

(02I) Private Investigator In-Service - 8 hours job-related training

6VAC20-174-320. Security canine handler – compulsory minimum training requirements.

Security canine handler - 30 hours (excluding basic obedience training)

a. 01E: Security Officer Core Subjects - 18 hours (prerequisite for 04ES)

b. Prerequisite for 04ES - Basic Obedience Training

c. 04ES: Security Canine Handler - 12 hours

1. Security officer core subjects (01E) - 18 hours (excluding examination)

The entry level curriculum for unarmed security officer, armed security officer/courier, security canine handler, and alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

2. Security canine handler (04ES) - 12 hours (excluding examination and basic obedience training)

a. Prerequisites for security canine handler entry level (official documentation required): successful completion of basic obedience training

b. Demonstration of proficiency. The student must demonstrate his proficiency in the handling of a security canine to satisfy the minimum standards

c. Evaluation by a certified private security canine handler instructor and basic obedience retraining

d. Security canine handler orientation; legal authority

e. Canine patrol techniques

f. Written comprehensive examination

(04IS) Security Canine Handler In-Service - 8 hours

a. Basic obedience evaluation and retraining

b. Canine grooming, feeding, and health care

c. Apprehension techniques

d. Obedience

6VAC20-174-330. Unarmed security officer – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations and practical exercises shall be:

Unarmed security officer - 18 hours

01E: Security Officer Core Subjects - 18 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course, excluding examinations and mandated practical exercises shall be as provided in this subsection.

Security officer core subjects (01E) - 18 hours (excluding examination)

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of Terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations and practical exercises shall be as follows:

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training

Part IX
Firearms Training Requirements and Exemptions

6VAC20-174-340. General firearms training requirements.

A. Firearms training endorsement is required for all private security services business personnel who carry or have immediate access to a firearm while on duty. Each person who carries or has immediate access to a firearm while on duty shall qualify with each type of action and caliber of firearm to which he has access.

B. Each person registered as armored car personnel, security canine handler, detector canine handler, private investigator, alarm respondent, locksmith, central station dispatcher, electronic security sales representative, electronic security technician, or electronic security technician's assistant must complete entry-level handgun training in order to apply for a firearms training endorsement.

C. Each person applying for a registration as an armed security officer/courier must complete security officer handgun training in order to apply for a firearms training endorsement.

D. Each person registered as a personal protection specialist must complete entry-level or armed security officer handgun training and advanced handgun training in order to apply for a firearms training endorsement.

6VAC20-174-350. Prior firearms training exemption.

Persons having previous department-approved firearms training may be authorized credit for such training that meets or exceeds the compulsory minimum training standards for private security services business personnel, provided such training has been completed within the 12 months preceding the date of application. Official documentation of the following must accompany the application for partial training credit:

1. Completion of department-approved firearms training; and

2. Qualification at a Virginia criminal justice agency, academy, or correctional department.

6VAC20-174-360. Entry-level handgun training.

Handgun classroom training.

1. The entry-level handgun classroom training will include but not be limited to the following:

a. Practical handgun handling

(1) Identification of handgun parts

(2) Draw

(3) Reholstering

(4) Ready position

(5) Loading

(6) Administrative loading

(7) Tactical reloading

(8) Rapid reloading

(9) Unloading

(10) Malfunctions

(11) Immediate actions procedures

(12) Remedial action

(13) Proper care and maintenance

(14) Firearms retention

(15) Ammunition identification and management

(16) Range safety

b. Fundamentals of marksmanship

(1) Grip

(2) Stance (position)

(3) Sight alignment

(4) Sight picture

(5) Trigger control

(6) Breathing

(7) Follow through

c. Dim light/low light/reduced light practice and familiarization

(1) Identification of target/threat/background

(2) Unaided training

(3) Aided training

(4) Flashlight use

(5) Reloading during low light conditions

(6) Malfunctions

(7) Range safety

d. Use of force

(1) Deadly force

(2) Justifiable deadly force

e. Liability

(1) Criminal liability

(2) Civil liability

(3) Negligent discharge prevention

f. Judgmental shooting: judgmental shooting scenarios will be conducted in the classroom or range

g. Lead exposure

Total hours (excluding written examination) - 16 hours

2. Written examination required.

6VAC20-174-370. Security officer handgun training.

Handgun classroom training.

1. The security officer handgun classroom training will include but not be limited to the following:

a. Practical handgun handling

(1) Identification of handgun parts

(2) Draw

(3) Reholstering

(4) Ready position

(5) Loading

(6) Administrative loading

(7) Tactical reloading

(8) Rapid reloading

(9) Unloading

(10) Malfunctions

(11) Immediate actions procedures

(12) Remedial action

(13) Proper care and maintenance

(14) Firearms retention

(15) Ammunition identification and management

(16) Range safety

(17) Tactical considerations

(18) Movement

(19) Cover and concealment

b. Fundamentals of marksmanship

(1) Grip

(2) Stance (position)

(3) Sight alignment

(4) Sight picture

(5) Trigger control

(6) Breathing

(7) Follow through

c. Dim light/low light/reduced light practice and familiarization

(1) Identification of target/threat/background

(2) Unaided training

(3) Aided training

(4) Flashlight use

(5) Reloading during low light conditions

(6) Malfunctions

(7) Range safety

(8) Tactical considerations

(9) Movement

(10) Cover and concealment

(11) Multiple target drills

d. Use of force

(1) Deadly force

(2) Justifiable deadly force

e. Liability

(1) Criminal liability

(2) Civil liability

(3) Negligent discharge prevention

f. Judgmental shooting: judgmental shooting scenarios will be conducted in the classroom or range

(1) Shoot/don't shoot judgment

(2) Turn and fire drills

(3) Failure to stop drills

(4) Multiple target drills

g. Lead exposure

Total hours (excluding written examination) - 24 hours

2. Written examination required.

6VAC20-174-380. Entry-level and security officer handgun range qualification.

A. Range qualification (no minimum hours). The purpose of the range qualification course is to provide practical firearms training and qualification to individuals desiring to become armed private security services business personnel.

1. Prior to the date of range training, it will be the responsibility of the school director to ensure that all students are informed of the proper attire and equipment to be worn for the firing range portion of the training. Equipment needed: handgun, belt with directional draw holster (i.e., one that is worn on the same side of the body as the shooting hand), two speed loaders or three magazines, ammunition (100 rounds).

2. Each student will fire a minimum of 22 rounds of factory loaded ammunition for familiarization prior to qualification. (There is no course of fire and it is not scored; it is at the firearms instructor's discretion on how the round will be utilized.)

3. Course shall be fired double action or double/single action, except for single action semi-automatic handguns.

4. All qualifications shall be conducted using a B-27 silhouette target or the FBI "Q" target. Alternate targets may be utilized with prior approval by the department.

5. With prior approval of the department, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges.

6. For those utilizing semi-automatic firearms, it is not necessary to reload after every stage so long as there are at least three tactical reloads during the course of fire.

7. A certified firearms instructor must be present on the range directly controlling the firing line during all phases of firearms training. There shall be a minimum of one certified firearms instructor per five shooters on the line.

8. The range qualification of individuals shall be scored as follows:

a. B27 target: (use indicated K-value) 7, 8, 9, 10 X rings - value 5 points, other hits on silhouette - value 0 points: divide points scored by maximum possible score to obtain decimal and convert to percentage, (e.g., 225 ÷ 300 =.75 = 75%).

b. FBI Q target: all hits inside the bottle - value 5 points; hits outside the bottle - value 0 points.

9. Although not scored, each student is required to complete the low light range/night time practice as outlined in subsection C of this section and the familiarization course of fire.

B. Course: Virginia private security course of fire for handguns. The course of fire shall be conducted using, at a minimum, the requirements set forth in this subsection. Strong/weak hand refers to the primary hand used in firing the firearm. The opposite hand may be used for support. The course of fire shall be conducted in the following phases:

1. Phase 1: 3 yards, utilizing weaver, modified weaver, or isosceles stance, 18 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, draw and fire 2 rounds (3 seconds), repeat 2 times

c. Load 6 rounds and holster loaded firearm

d. On command, draw and fire 6 rounds with strong hand

e. Unload, reload 6 rounds and fire 6 rounds with weak hand (25 seconds)

2. Phase 2: 7 yards, utilizing weaver, modified weaver or isosceles stance, 24 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, draw and fire 1 round (2 seconds), repeat 5 times

c. Load 6 rounds and holster loaded firearm

d. On command, draw and fire 2 rounds (3 seconds), repeat 2 times

e. Load 6 rounds and holster loaded firearm

f. On command, draw and fire 6 rounds, reload 6 rounds, fire 6 rounds (30 seconds)

3. Phase 3: 15 yards, 70 seconds, 18 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, assume kneeling position, draw and fire 6 rounds with strong hand

c. Assume standing position, unload, reload and fire 6 rounds from weak-hand barricade position

d. Unload, reload and fire 6 rounds from strong-hand barricade position (kneeling position may be fired using barricade position) (70 seconds)

C. Low light course: Virginia private security low light familiarization course of fire for handguns. The course of fire shall be conducted using, at a minimum, the requirements set forth in this subsection. Equipment needed: belt with directional draw holster, handgun, two speed loaders or three magazines, range ammunition (18 rounds). Equipment provided by instructor: A range that can simulate low light or a pair of welders goggles for each student that simulates low light. Strong/weak hand refers to the primary hand used in firing the firearm. The opposite hand may be used for support. The course of fire shall be conducted in the following phases:

1. Phase 1: 3 yards, utilizing weaver or isosceles stance, 6 rounds:

a. Load 6 rounds and come to ready

b. On command, fire 2 rounds (3 seconds) repeat 2 times (30 seconds)

2. Phase 2: 7 yards, utilizing weaver or isosceles stance, 12 rounds:

a. Load 6 rounds and come to ready

b. On command, fire 2 rounds (5 seconds), repeat 2 times

c. Load 6 rounds and come to ready

d. On command, draw and fire 3 rounds (6 seconds), and repeat

6VAC20-174-390. Entry-level shotgun training and range qualification.

A. Shotgun classroom training. Individual must first successfully complete entry-level or security officer handgun training. The entry-level shotgun classroom instruction will emphasize but not be limited to:

1. Shotgun handling techniques

a. Identification of shotgun parts

b. Slings – traditional sling, single point sling, 3 point sling

c. Cruiser carry conditions

d. Cruiser safe

e. Chambering

f. Reloading

g. Transition from handgun to shotgun/shotgun to handgun (if applicable)

h. Malfunctions

(1) Immediate actions procedures

(2) Remedial action

i. Proper care and maintenance

j. Shotgun retention

k. Ammunition management and identification

l. Range safety

m. Dim light/low light

2. Fundamentals of shotgun marksmanship

a. Grip

b. Stance (position)

c. Sight alignment

d. Sight picture

e. Trigger control

f. Breathing

g. Follow through

3. Written examination

Total hours (excluding examination) - 3 hours

B. Range qualification (no minimum hours). The purpose of the range firing course is to provide practical shotgun training and qualification to those individuals who carry or have immediate access to a shotgun in the performance of their duties.

1. Familiarization: Prior to the qualification course, all shooters are required to fire a familiarization exercise consisting of 5 rounds using 12 gauge, double aught "00" buckshot or rifle slug ammunition and 6 rounds minimum of handgun rounds. The exercise shall include transition drills from handgun to shotgun and shotgun to handgun. This exercise is not scored and the distance is at the discretion of the instructor.

2. Fire 5 rounds of shotgun rounds (buckshot, rifled slugs, or both, if issued) on a daylight course using B27 single/multiple targets with 70% accuracy.

C. Course: Virginia private security course of fire for shotguns.

Distance	Position	No. Rounds	Target	Time
Combat load & fire 15 Yds.	Standing/ Shoulder	3	B‑27 Silhouette	20 sec.
Combat load & fire 25 Yds.	Kneeling/ Shoulder	2	B‑27 Silhouette	15 sec.

D. A certified firearms instructor must be present on the range directly controlling the firing line during all phases of firearms range training. There shall be a minimum of one certified firearms instructor per five shooters on the line.

6VAC20-174-400. Advanced handgun training and range qualification.

A. The entry level handgun training is a prerequisite for taking the advanced handgun training.

B. Advanced handgun classroom training.

1. The advanced handgun training will include but not be limited to:

a. Firearms safety;

b. Civil and criminal liability;

c. Concealed carry law and authority;

d. Function of firearms in close protection operations;

e. Deployment of firearms in close protection operations;

f. Use of force;

g. Principles of advanced marksmanship; and

h. Decision-making for the personal protection specialist.

Total hours (excluding written examination) - 14 hours

2. Written examination required.

C. Range qualification (no minimum hours). The purpose of this course of fire is to assess and improve the tactical, protection-related shooting skills for personal protection specialist candidates seeking certification to be armed. This course entails five increasingly challenging stages of advanced firearms exercises with a 92% score required for qualification.

1. The advanced handgun course of fire is comprised of the following exercises:

a. Shoot/don't shoot judgment;

b. Turn and fire drills;

c. Failure to stop drills;

d. Multiple target drills; and

e. Judgmental shooting.

2. For all range practicals (Stage 2 through stage 4):

a. The student will fire at a man-size silhouette target with the following requirements:

(1) 4-inch diameter circle in head;

(2) 8-inch diameter circle in chest/body area; and

(3) Center points of circles - 13-1/2 inches apart.

b. All rounds fired must hit within these circles.

c. Minimum 92% qualification score = 25 rounds total requiring 23 hits. With regard to scoring:

(1) 25 points (1 round is good for 1 point).

(2) 92% of shots must be "in circle" hits for a passing grade (2 misses allowed on total course).

(3) Shots not taken during stage 5 when a "no-shoot" situation is presented scores a point, just as an accurate shot in a hostile situation.

(4) 92% is 23 of 25 possible points.

3. A certified advanced handgun firearms instructor must be on the range during all phases of advanced handgun training. There shall be no less than one certified firearms instructor per four students.

D. Course: Virginia private security advanced handgun course of fire.

1. Stage 1: Shoot/don't shoot drill. Stage 1 of the advanced handgun course of fire is conducted in a classroom using a 16 mm film or video cassette tape, or other audiovisual electronics, of firearms combat scenarios or in practical exercises on the range to assess the student's decision-making capability given job-related shoot/don't shoot incidents.

After the interaction of the scenario, the students must explain all of their commands and actions.

Dry-fire response from a weapon rendered safe should be incorporated into the scenario interaction.

2. Stage 2: Turn-and-fire drill. Stage 2 of the advanced handgun course of fire is held at a firing range and consists of turn-and-fire drills from varying distances (straight draw hip holsters only).

All handguns are loaded with 6 rounds of ammunition and safely holstered. Shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the target. Upon the command "fire," the students must quickly turn while acquiring a firm grip on the weapon. Once facing the target and in a stable position, they must safely draw and fire 2 rounds at the designated target circle. After shooting, while facing the target, the student must reholster safely, then turn around to face up range, ready to continue the exercise. The "fire" commands will be called at 3-5 yards, 5-7 yards, and then 8-10 yards.

3. Stage 3: Failure to stop drill. Stage 3 of the advanced handgun course of fire is held at a firing range and consists of failure to stop drills fired from the 7-yard line (straight draw hip holsters only).

All handguns are loaded with 6 rounds of ammunition and are safely holstered. Shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the target. Upon the command "fire," given at approximately the 7-yard line, each shooter must safely turn around while acquiring a firm grip on their weapon as performed in the previous drill. Once facing the target, the students will draw and fire 2 rounds at the 8-inch body circle, and then one immediate round to the 4-inch head circle. The student will then safely reholster. The drill will be repeated three times.

4. Stage 4: Multiple target identification drill. Stage 4 of the advanced handgun course of fire is held at a firing range and consists of multiple target identification drills fired from varying distances (straight draw hip holsters only).

Each shooter will line up on a set of three targets. Only two shooters at one time can complete this exercise on a standard 10-12 station range. However, smaller ranges may allow for only one shooter at a time.

Each handgun is loaded with six rounds of ammunition and safely holstered. The shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the targets. Upon the command "left," "right," or "center," the student must again turn around safely while establishing a firm grip on the weapon. Then, once stable, the student must quickly draw and fire 2 rounds at the designated circle on the "called" target ("L," "R," "C"). Then, the shooter, while still facing the targets, must safely reholster, turn around to face up range, and continue the exercise. Each two-round pair must be fired within 4 seconds of the called command. Direction commands will be called at 3-5 yards, 5-7 yards, and then 8-10 yards.

5. Stage 5: Judgmental shooting. This drill combines the skills developed in the prior four stages. The shooter will be required to safely turn and fire at a "photograph" type target which may be either friendly or hostile. It requires hostile targets to be stopped using deadly force. Necessity (immediate jeopardy) is presumed for this exercise. This stage allows the instructor to evaluate the decision-making capability of the student as well as his shooting accuracy and safety.

Shooter is placed on the 10-yard line facing the instructor with the target to his rear. The target will be placed at any location along the range target line and should not be seen by the student until he is given the "turn" command during the drill. Each shooter has the opportunity to complete this drill four times. Each decision is worth one point. If he shoots at a hostile target, a hit anywhere on that target will score the point. If a friendly target is presented, it is clearly a no-shoot situation and the student should merely holster safely to score the point. There is a 4-second time limit at this stage for any "shoot" situation.

The instructor will allow each shooter two opportunities to complete this drill and place two targets downrange for each. Four points or hits are still necessary at this stage for the total score. If two targets are used, then the time limit is raised to 6 seconds, regardless of whether two hostile targets are used or one hostile with one friendly.

6VAC20-174-410. Entry-level patrol rifle training and range qualification.

A. Patrol rifle classroom training. Individual must first successfully complete security officer handgun training. The entry-level patrol rifle classroom instruction will emphasize but not be limited to:

1. Rifle handling techniques

a. Nomenclature and identification of rifle parts

b. Field striping and reassembling

c. Loading and unloading

d. Chambering

e. Reloading

f. Slings

(1) Traditional sling

(2) Single point sling

(3) 3-point sling

g. Transition from handgun to rifle and rifle to handgun

h. Malfunctions

i. Immediate actions procedures

j. Remedial action

k. Proper care and maintenance

l. Rifle retention

m. Ammunition management and identification

n. Range safety

o. Dim light/low light

2. Fundamentals of rifle marksmanship

a. Grip

b. Stance (position)

c. Sight alignment

d. Sight picture

e. Trigger control

f. Breathing

g. Follow through

3. Zeroing iron sights

a. Establishing mechanical zero

b. Zeroing process

4. Dim light shooting

a. Hours of darkness/dim light

b. Identification requirements

c. Unaided reduced light shooting techniques

d. Aided reduced light shooting techniques

5. Shooting positions

a. Fundamentals of shooting positions

b. Basic patrol positions

6. Use of force

7. Criminal and civil liability

8. Written comprehensive examination

Total hours (excluding examination) - 16 hours

B. Range qualification (no minimum hours). The purpose of the range firing course is to provide practical patrol rifle training and qualification to those individuals who carry or have immediate access to a patrol rifle in the performance of their duties with the sighting system that will be carried on duty.

C. Patrol rifle qualification course.

1. All rifle qualification will be done with a law-enforcement type and caliber rifle. A total of 60 rounds of ammunition will be fired for rifle qualification.

2. All rifle qualification firing will be done with iron sights. In addition, if an officer is using an optic while on duty, they must qualify with that optic.

3. All indoor rifle qualification firing will be done at a range that accommodates a distance of 25 yards between the shooter and the target. No variances of this distance are allowed. The indoor target system will contain two targets per shooter mounted side by side. The targets will be FBI Q-R, half-sized silhouette targets. Use of this target type will simulate shooting at 50 yards.

4. All outdoor rifle qualification firing will be done at 50 yards using the FBI Q silhouette full-sized targets. Two of these targets will be mounted side by side for each shooter.

5. FBI Q silhouette targets are used for rifle qualification, scoring will be all hits inside the bottle – value 5 points; outside the bottle – value 0 points. With these targets a maximum score of 300 points is possible. Minimum qualification is 85% or 255 points.

D. Patrol rifle course of fire.

1. Prior to qualification, all shooters are required to fire a minimum of 30 familiarization rounds which will include transition drills from handgun to rifle and rifle to handgun. Shooters will fire a minimum of 10 rounds with a handgun. This exercise is not scored and the distance is at the discretion of the instructor.

2. Stage 1: 50 yards/25 yards (indoors) – Shooters will load their rifle with a magazine of 20 rounds and place the selector on safe. From the standing position with the rifle in the sling carry position, on command the shooters will fire 5 rounds from the standing position, place the selector on safe, assume a kneeling position and fire 5 rounds, place the selector on safe; shooter will assume the prone position, the shooter will fire 10 rounds. All 20 rounds of this stage will be fired at the left hand target. (1 minute) When firing is complete shooters will place the selector on safe and await further command.

3. Stage 2: 25 yards – Shooters will load their rifle with a magazine of 15 rounds and place the selector on safe. From the standing position with the rifle in the sling carry position, on command the shooters will fire 5 rounds from the standing position, place the selector on safe, assume a kneeling position and fire 5 rounds, place the selector on safe; shooter will assume the prone position, the shooter will fire 5 rounds. All 15 rounds of this stage will be fired at the right hand target. (45 seconds) When firing is complete shooters will place the selector on safe and await further command.

4. Stage 3: 15 yards - On command shooters will assume the standing position and load rifle with a magazine of 10 rounds. On command shooters will fire 5 rounds at the right-hand target, place the selector on safe, assume the kneeling position and fire 5 rounds at the left-hand target in 15 seconds.

5. Stage 4: 7 yards - On command shooters will load rifle with a magazine of 20 rounds, selector in the safe position, and then place the rifle in the sling carry position. On command shooters will fire 2 rounds into the right target with a 2 second time limit. Upon completion of firing, shooters will place the selector on safe and the rifle in the sling carry position. This exercise will be fired 5 times with a total of 10 rounds expended.

6. Stage 5: 5 yards - On command shooters will load rifle with a magazine of 5 rounds, selector in the safe position, and then place the rifle in the sling carry position. On command shooters will fire 1 round into the left target head with a 2 second time limit. Upon completion of firing, shooters will place the selector on safe and the rifle in the sling carry position. This exercise will be fired 5 times with a total of 5 rounds expended.

E. Low light/dim light qualification course of fire.

7 yards - Under low-light conditions, on command shooters will fire 5 rounds at the left target, place the selector in the safe position, assume the kneeling position and fire 5 rounds at the right target. A time limit of 1 minute is allowed for this stage.

6VAC20-174-420. Firearms retraining.

A. All armed private security services business personnel with the exception of personal protection specialists must satisfactorily complete four hours of firearms classroom training or practical exercises and range training, and requalify for handgun as prescribed in this chapter.

B. Requalification training with the shotgun shall be comprised of three hours of classroom training or practical exercises and range training and requalification firing as specified in this chapter.

C. Requalification training with the patrol rifle shall be comprised of four hours of firearms classroom training or practical exercises and range training and requalification firing as specified in this chapter.

D. All applicable firearms retraining must be completed and documented with the department on an annual basis prior to the issuance of a firearms endorsement.

6VAC20-174-430. Advanced handgun retraining.

All armed private security services business personnel registered in the category of personal protection specialist or other armed category seeking advanced handgun designation must satisfactorily complete advanced handgun retraining, which includes eight hours of firearms classroom training and range training, and requalify for handgun as prescribed in this chapter as follows:

1. Legal authority and decision-making

2. Handgun safety, marksmanship, and skill development

3. Completion of advanced handgun course of fire

Total hours (excluding range qualification) - 8 hours

Part X
Complaints; Department Actions; Adjudication

6VAC20-174-440. Complaint submittal requirements.

B. Any aggrieved or interested person may file a complaint against any person, whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing private security services or this chapter.

C. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, and providing sufficient detailed information for the department to conduct an investigation; or

3. By telephone, providing the complaint alleges activities that constitute a life-threatening situation or have resulted in personal injury or loss to the public or to a consumer or may result in imminent harm or personal injury and that provide sufficient detailed information for the department to conduct an investigation.

6VAC20-174-450. Department investigation.

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this chapter.

B. Documentation.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this chapter.

6VAC20-174-460. Disciplinary action; sanctions; publication of records.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation or in noncompliance of the Code of Virginia or of this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of registration or approval granted, for any period of time;

4. Revocation;

5. Refusal to issue, renew, or reinstate a registration or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted;

7. Remedial training; or

8. Conditional agreements.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this chapter but do not hold a valid registration. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director may summarily suspend a registration under this chapter without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations of the registrant would constitute a life-threatening situation, has resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm, personal injury, or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all persons and registrants whose conduct and activities are subject to this chapter and have been sanctioned or denied registration or approval.

6VAC20-174-470. Fines; administrative and investigative costs.

A. The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation, or denial of any registration. Such costs shall be in addition to any monetary penalty that may be imposed.

B. All monetary penalties imposed as a sanction shall be deposited into the state treasury to the credit of the State Literary Fund.

6VAC20-174-480. Hearing process.

6VAC20-174-490. Informal fact-finding conference.

6VAC20-174-500. Formal hearing.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine or to suspend, revoke, or deny issuance or renewal of any registration or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such registration or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

6VAC20-174-510. Appeals.

6VAC20-174-520. Court review; appeal of final agency order.

A. The agency's final administrative decision (final agency order) may be appealed. Any person affected by and claiming the unlawfulness of the agency's final case decision shall have the right to direct review thereof by an appropriate and timely court action. Such appeal actions shall be initiated in the circuit court of jurisdiction in which the party applying for review resides; however, if such party is not a resident of Virginia, the venue shall be in the city of Richmond, Virginia.

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect, unless the court issues a stay of the order.

FORMS (6VAC20-174)

Registration

Private Security Services - Duplicate/Replacement Registration Application (eff. 10/12)

Private Security Services - Initial Registration Application (eff. 3/13)

Private Security Services - Renewal Registration Application (eff. 3/13)

Private Security Services - Additional Registration Category Application (eff. 10/12)

Private Security Services - Firearms Endorsement Application (eff. 10/12)

Fingerprint Processing

DCJS Fingerprint Cards Order Form (undated)

Fingerprint Processing Application (eff. 10/12)

Criminal History Supplemental Form (eff. 10/12)

Fingerprint Application Instructions (eff. 10/12)