Final Text
CHAPTER 171
REGULATIONS RELATING TO PRIVATE SECURITY SERVICES (REPEALED)
Part I
Definitions
6VAC20-171-10. Definitions. (Repealed.)
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.
"Alarm respondent" means a natural person who
responds to the signal of an alarm for the purpose of detecting an intrusion of
the home, business or property of the end user.
"Armed" means a private security registrant who
carries or has immediate access to a firearm in the performance of his duties.
"Armed security officer" means a natural person
employed to (i) safeguard and protect persons and property or (ii) deter theft,
loss, or concealment of any tangible or intangible personal property on the
premises he is contracted to protect, and who carries or has access to a
firearm in the performance of his duties.
"Armored car personnel" means persons who
transport or offer to transport under armed security from one place to another
money, negotiable instruments or other valuables in a specially equipped motor
vehicle with a high degree of security and certainty of delivery.
"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.
"Business advertising material" means display
advertisements in telephone directories, letterhead, business cards, local
newspaper advertising and contracts.
"Central station dispatcher" means a natural
person who monitors burglar alarm signal devices, burglar alarms or any other
electrical, mechanical or electronic device used to prevent or detect burglary,
theft, shoplifting, pilferage or similar losses; used to prevent or detect
intrusion; or used primarily to summon aid for other emergencies.
"Certification" means the method of regulation
indicating that qualified persons have met the minimum requirements as private
security services training schools, private security services instructors,
compliance agents, or certified detector canine handler examiners.
"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.
"Class" means a block of instruction no less than
50 minutes in length on a particular subject.
"Classroom training" means instruction conducted
by an instructor in person to students in an organized manner utilizing a
lesson plan.
"Compliance agent" means a natural person who is
an owner of, or employed by, a licensed private security services business. The
compliance agent shall assure the compliance of the private security services
business with all applicable requirements as provided in § 9.1-139 of the Code
of Virginia.
"Courier" means any armed person who transports
or offers to transport from one place to another documents or other papers,
negotiable or nonnegotiable instruments, or other small items of value that
require expeditious service.
"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.
"Detector canine" means any dog that detects
drugs or explosives.
"Detector canine handler" means any individual
who uses a detector canine in the performance of private security services.
"Detector canine handler examiner" means any
individual who examines the proficiency and reliability of detector canines and
detector canine handlers in the detection of drugs or explosives.
"Detector canine team" means the detector canine
handler and his detector canine performing private security duties.
"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.
"Electronic security business" means any person
who engages in the business of or undertakes to (i) install, service, maintain,
design or consult in the design of any electronic security equipment to an end
user; (ii) respond to or cause a response to electronic security equipment for
an end user; or (iii) have access to confidential information concerning the
design, extent, status, password, contact list, or location of an end user's
electronic security equipment.
"Electronic security employee" means a natural
person who is employed by an electronic security business in any capacity which
may give him access to information concerning the design, extent, status,
password, contact list, or location of an end user's electronic security
equipment.
"Electronic security equipment" means electronic
or mechanical alarm signaling devices, including burglar alarms or holdup
alarms or cameras used to detect intrusion, concealment or theft to safeguard
and protect persons and property. This shall not include tags, labels, and
other devices that are attached or affixed to items offered for sale, library
books, and other protected articles as part of an electronic article
surveillance and theft detection and deterrence system.
"Electronic security sales representative" means
a natural person who sells electronic security equipment on behalf of an
electronic security business to the end user.
"Electronic security technician" means a natural
person who installs, services, maintains or repairs electronic security
equipment.
"Electronic security technician's assistant"
means a natural person who works as a laborer under the supervision of the
electronic security technician in the course of his normal duties, but who may
not make connections to any electronic security equipment.
"Employed" means an employer/employee
relationship where the employee is providing work in exchange for compensation
and the employer directly controls the employee's conduct and pays taxes on
behalf of the employee. The term "employed" shall not be construed to
include independent contractors.
"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.
"Engaging in the business of providing or undertaking
to provide private security services" means any person who solicits
business within the Commonwealth of Virginia through advertising, business
cards, submission of bids, contracting, public notice for private security
services, directly or indirectly, or by any other means.
"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.
"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 this chapter.
"Firearms training verification" means
verification of successful completion of initial or retraining requirements for
handgun, shotgun, or patrol rifle training.
"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.
"In-service training requirement" means the
compulsory in-service training standards adopted by the Criminal Justice
Services Board for private security services business personnel.
"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.
"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.
"Key cutting" means making duplicate keys from an
existing key and includes no other locksmith services.
"Learning management system" or "LMS"
means a software application or web-based technology used to plan, implement,
monitor, and assess a specific learning process.
"License number" means the official number issued
to a private security services business licensed by the department.
"Licensed firm" means a business entity,
regardless of method of organization, which holds a valid private security
services business license issued by the department.
"Licensee" means a licensed private security
services business.
"Locksmith" means any individual that performs
locksmith services, or advertises or represents to the general public that the
individual is a locksmith even if the specific term locksmith is substituted with
any other term by which a reasonable person could construe that the individual
possesses special skills relating to locks or locking devices, including use of
the words lock technician, lockman, safe technician, safeman, boxman, unlocking
technician, lock installer, lock opener, physical security technician, or
similar descriptions.
"Locksmith services" mean selling; servicing;
rebuilding; repairing; rekeying; repining; changing the combination to an
electronic or mechanical locking device; programming either keys to a device or
the device to accept electronic controlled keys; originating keys for locks or
copying keys; adjusting or installing locks or deadbolts, mechanical or
electronic locking devices, egress control devices, safes, and vaults; or opening,
defeating or bypassing locks or latching mechanisms in a manner other than
intended by the manufacturer with or without compensation for the general
public or on property not his own nor under his own control or authority.
"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.
"Official documentation" means personnel records;
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.
"On-line 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.
"Personal protection specialist" means any
natural person who engages in the duties of providing close protection from
bodily harm to any person.
"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 investigator" means any natural person
who engages in the business of, or accepts employment to make, investigations
to obtain information on (i) crimes or civil wrongs; (ii) the location,
disposition, or recovery of stolen property; (iii) the cause of accidents,
fires, damages, or injuries to persons or to property; or (iv) evidence to be
used before any court, board, officer, or investigative committee.
"Private security services business" means any
person engaged in the business of providing, or who undertakes to provide,
armored car personnel, security officers, personal protection specialists,
private investigators, couriers, security canine handlers, security canine
teams, detector canine handlers, detector canine teams, alarm respondents,
locksmiths, central station dispatchers, electronic security employees,
electronic security sales representatives or electronic security technicians
and their assistants to another person under contract, express or implied.
"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.
"Private security services instructor" means any
natural person certified by the department to provide mandated instruction in
private security subjects for a certified private security services training
school.
"Private security services registrant" means any
qualified individual who has met the requirements under Article 6
(6VAC20-171-120 et seq.) of Part III of this chapter to perform the duties of
alarm respondent, locksmith, armored car personnel, central station dispatcher,
courier, electronic security sales representative, electronic security
technician, electronic security technician's assistant, personal protection
specialist, private investigator, security canine handler, detector canine
handler, unarmed security officer or armed security officer.
"Private security services training school" means
any person certified by the department to provide instruction in private
security subjects for the training of private security services business
personnel in accordance with this chapter.
"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.
"Registration" means a method of regulation which
identifies individuals as having met the minimum requirements for a particular
registration category as set forth in this chapter.
"Registration category" means any one of the
following categories: (i) unarmed security officer and armed security
officer/courier, (ii) security canine handler, (iii) armored car personnel,
(iv) private investigator, (v) personal protection specialist, (vi) alarm
respondent, (vii) central station dispatcher, (viii) electronic security sales
representative, (ix) electronic security technician, (x) electronic
technician's assistant, (xi) detector canine handler or (xii) locksmith.
"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 includes, but is not limited to, law enforcement
and certain categories of the military.
"Security canine" means a dog that has attended,
completed, and been certified as a security canine by a certified security
canine handler instructor in accordance with approved department procedures and
certification guidelines. "Security canine" shall not include
detector dogs.
"Security canine handler" means any natural
person who utilizes his security canine in the performance of private security
duties.
"Security canine team" means the security canine
handler and his security canine performing private security duties.
"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 §§ 9.1-150.2, 9.1-185.2 and 9.1-186.2 of
the Code of Virginia.
"Supervisor" means any natural person who
directly or indirectly supervises registered or certified private security
services business personnel.
"This chapter" means the Regulations Relating to
Private Security Services (6VAC20-171) as part of the Virginia Administrative
Code.
"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.
"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.
"Unarmed security officer" means a natural person
who performs the function of observation, detection, reporting, or notification
of appropriate authorities or designated agents regarding persons or property
on the premises he is contracted to protect, and who does not carry or have
access to a firearm in the performance of his duties.
"Uniform" means any clothing with a badge, patch
or lettering which clearly identifies persons to any observer as private
security services business personnel, not law-enforcement officers.
Part II
Application Fees
6VAC20-171-20. Fees. (Repealed.)
A. Schedule of fees. The fees listed below reflect the
costs of handling, issuance, and production associated with administering and processing
applications for licensing, registration, certification and other
administrative requests for services relating to private security services.
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B. Reinstatement fee.
1. The department shall collect a reinstatement fee for
registration, license, or certification renewal applications not received on or
before the expiration date of the expiring registration, license, or
certification pursuant to 6VAC20-171-180.
2. The reinstatement fee shall be 50% above and beyond the
renewal fee of the registration, 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 registration, 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, registrant or licensee may request that the suspended registration,
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
Applications Procedures and Requirements
Article 1
Criminal History Records Search
6VAC20-171-30. Fingerprint processing. (Repealed.)
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; certification as a private
security services training school; certification as a compliance agent,
detector canine handler examiner or instructor; or 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.
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. Fingerprints 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. Application for licenses, registrations, and
certifications must be submitted within that 120-day period or initial
fingerprint submittal will be required.
Article 2
Private Security Services Business License
6VAC20-171-50. Initial business license application. (Repealed.)
A. Prior to the issuance of a 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 as a private security
services business shall file a completed application provided by the department
including:
1. For each principal and supervisor of the applying
business, their fingerprints pursuant to 6VAC20-171-30; for each electronic
security employee of an electronic security services business, their
fingerprints pursuant to 6VAC20-171-30;
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 as a private security
services business 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
pursuant to 6VAC20-171-70;
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:
security officers/couriers (armed and unarmed), private investigators,
electronic security personnel, armored car personnel, personal protection
specialists, locksmiths, 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.
6VAC20-171-60. Renewal business license application. (Repealed.)
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 pursuant to
6VAC20-171-30 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 pursuant to 6VAC20-171-50;
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 H
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
pursuant to 6VAC20-171-20.
Article 3
Compliance Agent Certification
6VAC20-171-70. Compliance agent certification requirements.
(Repealed.)
A. Each person applying for certification as compliance
agent shall meet the 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, a federal, state, or local
law-enforcement agency, or in a related field or (ii) five years 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 6VAC20-171-30;
3. Official documentation verifying that the individual has
(i) three years of managerial or supervisory experience in a private security
services business, a federal, state, or local law-enforcement agency, or in a
related field or (ii) five years 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
6VAC20-171-72.
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.
6VAC20-171-71. Compliance agent certification renewal
requirements. (Repealed.)
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 6VAC20-171-72. Training
must be completed within the 12 months immediately preceding the expiration
date of the current certification pursuant to the certification training
standards in 6VAC20-171-72; and
2. Be in good standing in every jurisdiction where licensed,
registered, or certified in 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 applicable, nonrefundable certification renewal fee;
and
3. Verification of satisfactory completion of department
regulatory compliance agent in-service training pursuant to 6VAC20-171-72.
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.
6VAC20-171-72. Compliance agent regulatory compliance
training requirements. (Repealed.)
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.
Article 4
Private Security Services Training School Certification
6VAC20-171-80. Initial training school application. (Repealed.)
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, their
fingerprints pursuant to 6VAC20-171-30;
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 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 Article 5 (6VAC20-171-100 et seq.) of
this part. 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 respondent
(armed and unarmed) to include arrest authority, (ii) private investigators,
(iii) locksmiths, electronic security personnel to include central station
dispatchers, (iv) armored car personnel, (v) personal protection specialists,
(vi) detector canine handlers, security canine handlers, (vii) special
conservators of the peace pursuant to § 9.1-150 of the Code of Virginia,
(viii) bail bondsmen pursuant to § 9.1-185 of the Code of Virginia, 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 by
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 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.
6VAC20-171-90. Renewal training school application. (Repealed.)
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;
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. 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 pursuant to 6VAC20-171-80 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 pursuant to 6VAC20-171-180.
Article 5
Private Security Services Instructor Certification
6VAC20-171-100. Initial instructor application. (Repealed.)
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 or with any
federal, military police, state, county or municipal law-enforcement agency, or
in a related field; or (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 6VAC20-171-30;
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, electronic security personnel to include central station dispatchers,
(iv) armored car personnel, (v) personal protection specialists, (vi) detector
canine handlers, security canine handlers, (vii) special conservators of the
peace pursuant to § 9.1-150 of the Code of Virginia, (viii) bail bondsmen
pursuant to § 9.1-185 of the Code of Virginia, 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 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.
3. Firearms instructors applying to provide patrol rifle
training in accordance with 6VAC20-171-395 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.
4. 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.
5. 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.
6VAC20-171-110. Renewal instructor application. (Repealed.)
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 4 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 pursuant to 6VAC20-171-100 for
any new categories of training;
4. Verification of satisfactory completion of
instructor development continuing education requirements;
5. For firearms instructors, official documentation in the
form of a signed, dated range sheet along with the qualification score and
course of fire, with a minimum range qualification of 85%, with each of the
following:
a. A revolver;
b. A semi-automatic handgun; and
c. A shotgun.
6. Firearms instructors applying to provide patrol rifle
training in accordance with 6VAC20-171-395 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.
7. 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.
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 6VAC20-171-180.
6VAC20-171-115. Initial detector canine handler examiner
certification. (Repealed.)
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, unit of the United States military, or other 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 to 6VAC20-171-30;
3. Official documentation according to subdivisions A 3 and
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.
6VAC20-171-116. Renewal detector canine handler examiner
certification. (Repealed.)
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 6VAC20-171-115 A 4 and
demonstrate the completion of a minimum of 16 hours of continuing education
during the previous certification period; 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. 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.
Article 6
Private Security Services Registration
6VAC20-171-120. Initial registration application. (Repealed.)
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 6VAC20-171-140. If carrying a handgun concealed, the
individual must also have a valid concealed handgun permit and the written
permission of his employer pursuant to § 18.2-308 of the Code of Virginia.
B. Each person applying for registration shall meet the
minimum requirements for eligibility as follows:
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 in
6VAC20-171-350; 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 pursuant to 6VAC20-171-30; and
4. The applicable, nonrefundable application fee.
D. Each person seeking or required to seek registration as
unarmed security officer, alarm respondent, locksmith, central station
dispatcher, electronic security sales representative, electronic security
technician, or electronic security technician's assistant may be employed for a
period not to exceed 90 consecutive days in any categories listed above while
completing the compulsory minimum training standards, provided:
1. Fingerprints have been submitted pursuant to
6VAC20-171-30;
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 previous employer(s).
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 registered individual 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.
6VAC20-171-130. Renewal registration application. (Repealed.)
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 registered
individual. 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, fingerprint card submitted pursuant to 6VAC20-171-30;
3. The applicable, nonrefundable registration renewal fee;
and
4. For individuals with firearms endorsements, evidence of
completion of annual firearms retraining in accordance with Part V, Article 2
(6VAC20-171-365 et seq.) of 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
pursuant to 6VAC20-171-180.
6VAC20-171-135. Firearms endorsement. (Repealed.)
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, and if applicable,
shotgun and patrol rifle training as described in Part V, Article 2
(6VAC20-171-365 et seq.) of this chapter.
C. All armed private security services business personnel
with the exception of personal protection specialist must satisfactorily
complete firearms retraining prescribed in 6VAC20-171-400.
D. All armed personal protection specialist must
satisfactorily complete firearms retraining prescribed in 6VAC20-171-420.
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.
Article 7
Additional Categories/Replacement Identification
6VAC20-171-160. Additional category application. (Repealed.)
A. Individuals may apply for multiple registration or certification
categories during the initial application process by completing the applicable
training requirements for each category.
B. Registered or certified individuals seeking to add
categories to a current registration or certification must:
1. Successfully complete all initial training requirements
for each additional registration or certification category requested pursuant
to the compulsory minimum training standards in Part V (6VAC20-171-350 et seq.)
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.
6VAC20-171-170. Replacement state issued registration or
certification card. (Repealed.)
Registered or certified individuals seeking a replacement
state issued registration or certification card shall submit to the department:
1. A properly completed application provided by the
department; and
2. The applicable, nonrefundable application fee.
Article 8
Reinstatement and Renewal Extension
6VAC20-171-180. Reinstatement. (Repealed.)
A. Any business license, training school, instructor,
compliance agent, detector canine handler examiner certification, or 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 licensed,
registered 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, certification or
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 and in accordance with 6VAC20-171-20 B.
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, certification, or license including
during reinstatement period.
C. No license, registration 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.
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, certification, or 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 license, certification, or registration.
F. An applicant who reinstates shall be regarded as having
been continuously licensed, certified, or 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 license,
certification, or registration shall be regarded as unlicensed, uncertified, or
unregistered from the expiration date of the license, certification, or
registration 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, certified, or
registered.
I. Firearms endorsements are not eligible for
reinstatement. If renewal requirements are not met pursuant to 6VAC20-171-135,
the applicant shall meet all initial application requirements, including
applicable initial firearms training requirements.
6VAC20-171-190. Renewal extension. (Repealed.)
A. An extension of the time period to meet renewal
requirements may be approved only under specific circumstances which do not
allow private security personnel, businesses, 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
4. Any emergency temporary assignment of private security
personnel for purposes of (i) natural disaster, (ii) homeland security, or
(iii) documented threat, by the private security services business or training
school 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, business, 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, business, or training school.
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, business, or
training school shall be nonoperational during the period of extension unless
otherwise issued a temporary exemption and has been authorized by the
department pursuant to § 9.1-139 of the Code of Virginia.
Article 9
Application Sanctions; Exemptions, Recognition/Reciprocity
6VAC20-171-200. Denial, probation, suspension and revocation.
(Repealed.)
A. The department may deny a license, registration 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, registration or
certification in which any person or principal of an applying business or
training school has not maintained good standing in every jurisdiction where
licensed, registered or certified in a private security services or related
field; or has had his license, registration or certification denied upon
initial application, suspended, revoked, surrendered, or not renewed; or 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, certification, or
registration for other just cause.
E. A licensee, training school, compliance agent,
instructor, detector canine handler examiner, or registered individual 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
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.
6VAC20-171-210. Exemptions, recognition/reciprocity. (Repealed.)
A. The department may grant a temporary exemption from the
requirements for licensing, registration 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, registration or certification based on
agreements that have been entered into with other states and approved by the
board.
Part IV
Administrative Requirements/Standards of Conduct
Article 1
General Requirements
6VAC20-171-215. General requirements. (Repealed.)
All private security services registered and certified
personnel, licensed businesses and 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.
Article 2
Private Security Services Businesses
6VAC20-171-220. Business administrative requirements. (Repealed.)
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
compliance agent who is in good standing and is certified pursuant to
6VAC20-171-70. 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 U.S. citizen or legal resident alien and is properly
registered/certified and trained, 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 pursuant to this chapter. Individuals not currently
eligible may pursue certification pursuant to Part III (6VAC20-171-30 et seq.)
of 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 6VAC20-171-30 as required by the Code of Virginia.
13. Inform the department in writing within 10 days of
receiving knowledge of any principal, partner, officer, compliance agent 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.
14. Inform the department in writing within 10 days of
receiving knowledge of any principal, licensee, subsidiary, partner, officer,
compliance agent 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.
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 regulated employees carry the department
issued registration card or temporary registration letter along with a photo ID
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 ID
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
as defined in this chapter.
6VAC20-171-230. Business standards of conduct. (Repealed.)
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 this chapter conform to all application requirements,
administrative requirements and standards of conduct pursuant to the Code of
Virginia and this chapter.
3. Not direct any employee regulated, or required to be
regulated, by this chapter to engage in any acts prohibited by the Code of
Virginia 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 unarmed alarm respondent, locksmith, central station dispatcher, electronic
security sales representative, electronic security technician, unarmed armored
car driver, unarmed security officer or electronic security technician's
assistant for a period not to exceed 90 consecutive days in any registered
category listed above while completing the compulsory minimum training
standards provided:
(1) The individual's fingerprint card has been submitted
pursuant to Article 1 (6VAC20-171-30 et seq.) of Part III of this chapter;
(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 previous employer(s).
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 or this chapter.
9. Not commit any act or omission that results in a private
security license or registration being suspended, revoked, not renewed or being
otherwise 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 their local police department and their
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 §
46.2-1025.9 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 ordinances.
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 any other
document filed with the department.
6VAC20-171-240. Compliance agent administrative requirements
and standards of conduct. (Repealed.)
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 or this chapter.
4. Not commit any act or omission which results in a private
security license or registration being suspended, revoked, not renewed or being
otherwise 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 this chapter conform to all application
requirements, administrative requirements and standards of conduct pursuant to
the Code of Virginia and this chapter;
b. Maintain documentation for all employees or persons
otherwise utilized that verifies compliance with requirements pursuant to the
Code of Virginia 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 regulated employees carry the department
issued registration card or temporary registration letter along with a photo ID
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 ID
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 and/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 any other
document filed with the department.
Article 3
Private Security Services Training Schools
6VAC20-171-250. Training school administrative requirements.
(Repealed.)
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 Part III (6VAC20-171-30 et seq.) of 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, for 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, for 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 6VAC20-171-30.
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.
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/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 and
this chapter and (ii) the hours of instruction.
20. Ensure that range qualification for all firearms
training is completed pursuant to this chapter 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 under this chapter who fails to requalify with a
minimum passing score on the range.
6VAC20-171-260. Training school standards of conduct. (Repealed.)
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 director 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 or this chapter.
9. Not commit any act or omission that results in a private
security license or registration being suspended, revoked, not renewed or being
otherwise disciplined in any jurisdiction.
10. Ensure that the owner, principals, training director 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 state 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 any other
document filed with the department.
6VAC20-171-270. Training school director administrative
requirements and standards of conduct. (Repealed.)
A training school director shall:
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. Not engage in acts of unprofessional conduct in the practice
of private security services.
6. Not engage in act of negligent or incompetent private
security services.
7. Not make any misrepresentation or false promise to a
private security services business client or potential private security
services business client.
8. Not violate any state or local ordinances relating to
private security services.
9. Satisfy all judgments to include binding arbitrations
relating to private security services not provided.
10. 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.
11. Use access to the department's database information only
for the purpose of verifying employed instructors' or students' application
status.
12. Not allow another to use access granted to the
department's database for any purpose.
13. 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 under this chapter who fails to
requalify with a minimum passing score on the range.
6VAC20-171-280. Private security services instructor
administrative requirements and standards of conduct. (Repealed.)
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. Written 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 or this chapter.
7. Not commit any act or omission that results in a private
security license or registration being suspended, revoked, not renewed or being
otherwise 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 6VAC20-171-100 B 6
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 any 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 under this chapter 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.
6VAC20-171-290. Instructor alternatives. (Repealed.)
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 lecturer 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.
6VAC20-171-300. Private security services training session.
(Repealed.)
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 dates, times, 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 cancelled 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 postmarked if mailed, 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 an 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 pursuant to this chapter.
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 audio-visual 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 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 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.
6VAC20-171-305. On-line in-service training programs. (Repealed.)
On-line training programs may only be offered for
compulsory minimum in-service training requirements. On-line training programs
shall meet the following requirements:
1. All on-line 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 on-line training courses must meet the minimum
compulsory in-service training standards pursuant to 6VAC20-171-360 to include
topic and hour requirements.
3. All on-line 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 on-line 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 on-line 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 on-line training must be delivered through a learning
management system (LMS) capable of managing training records, delivering course
content, monitoring participation, assessing performance, and creating and
editing course content.
8. Students enrolled in an on-line 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 on-line training must include assessment instruments
that evaluate student performance.
10. Training schools offering on-line 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 on-line 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.
6VAC20-171-308. Detector canine handler examiners
administrative requirements and standards of conduct. (Repealed.)
A. Administrative requirements. An examiner shall:
1. Maintain at all times with the department his mailing address
and email address if applicable. Written 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, unit of the United States military,
or other 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.
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 and this
chapter.
10. Utilize only department-approved certification
examinations for the testing and certification of detector canine teams.
B. 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 or this chapter.
4. Not commit any act or omission that results in a private
security license, registration, or certification being suspended, revoked, not
renewed or being otherwise 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 any other
document filed with the department.
Article 4
Private Security Services Registered Personnel
6VAC20-171-310. Registered personnel administrative
requirements. (Repealed.)
A registered individual 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, e-mail address and phone number, if applicable. Written notification
of any change in mailing address, e-mail 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.
6VAC20-171-320. Registered personnel standards of conduct.
(Repealed.)
A registered individual 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, not
renewed or being otherwise 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 above 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 ID 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 § 18.2-308 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 which 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 ID 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 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 name plate or tape bearing, as 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 of 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 their local police department and
their 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 from 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 V
Compulsory Minimum Training Standards for Private Security Services
Registrations
Article 1
Registration Category Requirements
6VAC20-171-350. Entry level training. (Repealed.)
A. Each person employed by a private security services
business or applying to the department for registration as an unarmed security
officer, armed security officer/courier, personal protection specialist,
armored car personnel, security canine handler, explosives detector canine
handler, narcotics detector canine handler, private investigator, alarm
respondent, locksmith, central station dispatcher, electronic security sales
representative, 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.
C. Course and minimum hour requirement. The compulsory
minimum entry level training courses and specific minimum hour requirement by
category, excluding examinations, practical exercises and range qualification,
shall be:
1. Unarmed security officer - 18 hours
01E: Security Officer Core Subjects - 18 hours
2. 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)
3. 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)
4. 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
5. Private investigator - 60 hours
02E: Private Investigator Subjects - 60 hours
6. 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)
7. Alarm respondent - 18 hours
01E: Security Officer Core Subjects - 18 hours
8. Central station dispatcher - 8 hours
a. 30E: Electronic Security Core Subjects - 4 hours
b. 38E: Central Station Dispatcher - 4 hours
9. Electronic security sales representative - 8 hours
a. 30E: Electronic Security Core Subjects - 4 hours
b. 39E: Electronic Security Sales - 4 hours
10. Electronic security technician - 14 hours
a. 30E: Electronic Security Core Subjects - 4 hours
b. 35E: Electronic Security Technician - 10 hours
11. Electronic security technician's assistant - 4 hours
30E: Electronic Security Core Subjects - 4 hours
12. 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
13. Locksmith - 18 hours
25E: Locksmith - 18 hours
D. 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 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. Armed Security Officer Arrest Authority (05E) - 8 hours
(excluding examination)
a. Arrest powers, policies and procedures
b. Written comprehensive examination
3. Armored car personnel (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
4. 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
5. Private investigator (02E) - 60 hours (excluding
examination and practical exercises)
a. Orientation
(1) Applicable sections of the Code of Virginia
(2) 6VAC20-171, 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
6. Personal protection specialist (32E) - 60 hours
(excluding written examination and practical exercises)
a. Administration and personal protection orientation
Signs of Terrorism
b. Applicable sections of the Code of Virginia and DCJS
regulations
c. Assessment of threat and protectee vulnerability
d. Legal authority and civil law
e. Protective detail operations
f. Emergency procedures
(1) CPR
(2) Emergency first aid
(3) Defensive preparedness
g. Performance evaluation - Five practical exercises
h. Written comprehensive examination
7. Electronic security core subjects (30E) - 4 hours
(excluding examination)
a. Administration and orientation
(1) Applicable sections of the Code of Virginia
(2) 6VAC20-171, Regulations Relating to Private Security
Services
(3) Signs of Terrorism
b. Overview of electronic security
c. False alarm prevention
d. Written comprehensive examination
8. 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
9. Electronic security sales representative (39E) - 4 hours
(excluding examination)
a. Electronic security sales representative subjects
(1) Duties and responsibilities
(2) System design/components
(3) False alarm prevention
b. Written comprehensive examination
10. Electronic security technician (39E) - 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
11. 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
12. Locksmith (25E) - 18 hours (excluding examination)
a. Code of Virginia and 6VAC20-171, 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) NFPA (80, 101)
(2) Overview of Authorities Having Jurisdiction (AHJs)
(3) ADA
(4) Terminology
(5) Safety code resources
e. Technical Applications
(1) Terminology (to include definition/purpose/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/vaults
(10) Access control
(11) Handling restricted keys
(12) Door system components
(13) Automotive
f. Written Comprehensive Examination
6VAC20-171-360. In-service training. (Repealed.)
A. Each person registered with the department as an armed
security officer/courier, personal protection specialist, armored car
personnel, security canine handler, narcotics detector canine handler, explosives
detector canine handler, private investigator, alarm respondent, locksmith,
central station dispatcher, electronic security sales representative,
electronic security technician, unarmed security officer or electronic security
technician's assistant, shall complete the compulsory in-service training
standard once during each 24-month period of registration or certification.
B. Course content and minimum hour requirement. The
compulsory minimum in-service training content and minimum hour requirement by
category, excluding examinations, practical exercises and range qualification,
shall be as follows:
1. Unarmed security officer: (01I) Security Officer Core
Subjects In-Service - 4 hours
Job-related training
2. Armed security officer/courier (01I) Security Officer
Core Subjects In-Service - 4 hours (not including range retraining)
Job-related training
3. Armored car personnel (03I) Armored Car Personnel
In-Service - 4 hours (not including range retraining)
Job-related training
4. Security canine handler (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
5. Private investigator (02I) Private Investigator
In-Service - 8 hours
Job-related training
6. Personal protection specialist (32I) Personal Protection
Specialist In-Service - 8 hours (not including range retraining for armed)
Job-related training
7. Alarm respondent (01I) Security Officer Core Subjects
In-Service - 4 hours
Job-related training
8. Central station dispatcher (30I) Electronic Security
Subjects In-Service - 4 hours
Job-related training
9. Electronic security sales representative (30I) Electronic
Security Subjects In-Service - 4 hours
Job-related training
10. Electronic security technician (30I) Electronic Security
Subjects In-Service - 4 hours
Job-related training
11. Electronic security technician's assistant (30I)
Electronic Security Subjects In-Service - 4 hours
Job-related training
12. Detector canine handler (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)
13. Locksmith (25I) Locksmith In-Service - 4 hours
Job-related training
Article 2
Firearms Training Requirements
6VAC20-171-365. General firearms training requirements. (Repealed.)
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
firearms 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 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 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 endorsement.
6VAC20-171-370. Entry level handgun training. (Repealed.)
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/range
g. Lead exposure
Total Hours (excluding written examination) - 16 hours
2. Written examination required.
6VAC20-171-375. Security officer handgun training. (Repealed.)
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/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.
6VAC20-171-376. Entry-level and security officer handgun
range qualification. (Repealed.)
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.
6VAC20-171-380. Entry-level shotgun training. (Repealed.)
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 and/or rifled
slugs 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.
6VAC20-171-390. Advanced handgun training - required for the
entry-level personal protection specialist who wishes to have firearms
endorsement and optional for other armed registrants. (Repealed.)
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 two through stage four):
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 five 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 One: Shoot/don't shoot drill. Stage one of the
advanced handgun course of fire is conducted in a classroom using a 16 mm film
or video cassette tape 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 their commands and actions.
Dry-fire response from a weapon rendered safe should be
incorporated into the scenario interaction.
2. Stage Two: Turn-and-fire drill. Stage two 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 Three: Failure to stop drill. Stage three 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 Four: Multiple target identification drill. Stage
four 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 Five: 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.
6VAC20-171-395. Entry-level patrol rifle training. (Repealed.)
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/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/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.
6VAC20-171-400. Firearms retraining. (Repealed.)
A. All armed private security services business personnel
with the exception of personal protection specialists must satisfactorily
complete 4 hours of firearms classroom training or practical exercises and range
training, and requalify as prescribed in 6VAC20-171-376 B and C for handgun.
B. Requalification training with the shotgun shall be
comprised of 3 hours of classroom training or practical exercises and range
training and requalification firing as specified in 6VAC20-171-380 B.
C. Requalification training with the patrol rifle shall be
comprised of 4 hours of firearms classroom training or practical exercises and
range training and requalification firing as specified in 6VAC20-171-395 for
patrol rifle.
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.
6VAC20-171-410. [Reserved] (Repealed.)
6VAC20-171-420. Advanced handgun retraining. (Repealed.)
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 as prescribed in 6VAC20-171-390 C for handgun
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
Article 3
Training Exemptions
6VAC20-171-445. Training exemptions. (Repealed.)
Persons who meet the statutory requirements as set forth in
§ 9.1-141 of the Code of Virginia may apply for an exemption from the compulsory
training standards. Individuals requesting such exemption shall file an
application furnished by the department and include the applicable,
nonrefundable application fee. The department may issue such 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 an exemption for entry-level
training must apply to the department for registration within 12 months from
the date of issuance, otherwise the exemption shall become null and void.
6VAC20-171-450. Entry level training exemption. (Repealed.)
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, which
has been approved by the department and which 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.
6VAC20-171-460. In-service training exemption. (Repealed.)
Persons who have completed training which 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.
6VAC20-171-470. Prior firearms training exemption. (Repealed.)
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 training credit:
1. Completion of department-approved firearms training; and
2. Qualification at a Virginia criminal justice agency,
academy or correctional department.
Part VI
Complaints, Department Action/Sanctions, Adjudication
Article 1
Complaints
6VAC20-171-480. Submittal requirements. (Repealed.)
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 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, 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, that provide
sufficient detailed information for the department to conduct an investigation;
or
3. Telephonically, providing the complaint alleges
activities which constitute a life-threatening situation, or have resulted in
personal injury or loss to the public or to a consumer, or which may result in
imminent harm or personal injury, and that provide sufficient detailed
information for the department to conduct an investigation.
6VAC20-171-490. Department investigation. (Repealed.)
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, rules or regulations.
Article 2
Department Action/Sanctions
6VAC20-171-500. Disciplinary action; sanctions; publication
of records. (Repealed.)
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
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 license, registration, certification, or
approval granted, for any period of time;
4. Revocation;
5. Refusal to issue, renew or reinstate a license,
registration, 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, certification or 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 license,
certification or 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 licensee or
registrant would constitute a life-threatening situation, or has resulted in
personal injury or loss to the public or to a consumer, or which 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, registrants, training
schools, school directors, compliance agents and licensed firms whose conduct
and activities are subject to this chapter and have been sanctioned or denied
licensure, registration, certification or approval.
6VAC20-171-510. Fines, administrative and investigative
costs. (Repealed.)
A. The department may recover costs of any investigation
and adjudication of any violations of the Code of Virginia or regulations which
result in a sanction, including fine, probation, suspension, revocation or
denial of any license, certification or 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.
Article 3
Adjudication
6VAC20-171-520. Hearing process. (Repealed.)
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 herein, 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.
6VAC20-171-530. Informal fact-finding conference. (Repealed.)
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.
6VAC20-171-540. Formal hearing. (Repealed.)
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, registration, 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,
registration, 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.
6VAC20-171-550. Appeals. (Repealed.)
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.)
6VAC20-171-560. Court review; appeal of final agency order.
(Repealed.)
A. The agency's final administrative decision (final agency
orders) 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; save, 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.
FORMS (6VAC20-171)
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)
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)
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)
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
Locksmith - Training Waiver (eff. 10/12)
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 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.
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
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.
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.
"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.
"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.
"In-service training requirement" means the compulsory in-service training standards adopted by the Criminal Justice Services Board for private security services business personnel.
"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.
"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.
"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.
"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.
"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, 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.
"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.
"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.
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
6VAC20-173-30. 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.
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.
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;
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 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;
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. 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.
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.
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.
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. A training school director shall:
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
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. 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
4. Any emergency temporary assignment of private security personnel for purposes of natural disaster, homeland security, or documented threat by the private security services training school 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 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.
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 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.
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, 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
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.
6VAC20-173-260. 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.
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.
6VAC20-173-270. 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 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.
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.
6VAC20-173-300. 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.
6VAC20-173-310. 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 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.
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.)
6VAC20-173-330. 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.
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.
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
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.
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.
"Business advertising material" means display advertisements in telephone directories, on letterhead, on business cards, in local newspaper advertising, and in contracts.
"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.
"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.
"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.
"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 this chapter.
"In-service training requirement" means the compulsory in-service training standards adopted by the Criminal Justice Services Board for private security services business personnel.
"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.
"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.
"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.
"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, 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.
"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.
"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.
"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.
"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.
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
6VAC20-174-30. 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.
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 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
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 or training school for which he is employed.
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.
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 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.
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:
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
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 (not including range retraining)
6VAC20-174-230. Armored car personnel 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:
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)
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.
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
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:
(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.
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:
Central station dispatcher - 8 hours
a. 30E: Electronic Security Core Subjects - 4 hours
b. 38E: Central Station Dispatcher - 4 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.
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
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:
(30I) Electronic Security Subjects In-Service - 4 hours job-related training
6VAC20-174-250. Detector canine handler 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:
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
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.
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
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:
(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.
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:
Electronic security technician - 14 hours
a. 30E: Electronic Security Core Subjects - 4 hours
b. 35E: Electronic Security Technician - 10 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.
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
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:
(30I) Electronic Security Subjects In-Service - 4 hours job-related training
6VAC20-174-270. Electronic security technician assistant 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:
Electronic security technician's assistant - 4 hours
30E: Electronic Security Core Subjects - 4 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.
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
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:
(30I) Electronic Security Subjects In-Service - 4 hours job-related training
6VAC20-174-280. Electronic security sales representative 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:
Electronic security sales representative - 8 hours
a. 30E: Electronic Security Core Subjects - 4 hours
b. 39E: Electronic Security Sales - 4 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.
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
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:
(30I) Electronic Security Subjects In-Service - 4 hours job-related training
6VAC20-174-290. Locksmith 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:
Locksmith - 18 hours
25E: Locksmith - 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.
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
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:
(25I) Locksmith In-Service - 4 hours job-related training
6VAC20-174-300. Personal protection specialist 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:
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)
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.
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
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:
(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.
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:
Private investigator - 60 hours
02E: Private Investigator Subjects - 60 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.
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
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:
(02I) Private Investigator In-Service - 8 hours job-related training
6VAC20-174-320. Security canine handler 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:
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
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 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
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:
(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.
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 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.
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.
6VAC20-174-460. 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 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.
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.
6VAC20-174-490. 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.
6VAC20-174-500. 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 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.
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.)
6VAC20-174-520. 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.
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.
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)
Acceptable Documents for Verifying Legal Presence/Name Change (eff. 10/12)
Miscellaneous
Locksmith - Training Waiver (eff. 10/12)
Firearms Discharge Report (eff. 10/12)
Training Exemption Application - Entry Level (eff. 10/12)
Training Exemption Application - In-Service (eff. 10/12)
Request for Extension Form (eff. 10/12)
FORMS (6VAC20-174-9999)
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)
Acceptable Documents for Verifying Legal Presence/Name Change (eff. 10/12)
Miscellaneous
Locksmith - Training Waiver (eff. 10/12)
Firearms Discharge Report (eff. 10/12)
Training Exemption Application - Entry Level (eff. 10/12)
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)
6VAC20-174-650. Court review; appeal of final agency order.
A. The agency's final administrative decision (final agency orders) 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; save, 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.