Title 43, Chapter 38, Section 7
( 43-38-7)
(a) Any licensee may employ as many agents, guards, watchmen, or
patrolmen as he or she deems necessary for the conduct of his or her
business, provided that such employees meet the requirements and
qualifications for registration under this chapter. (b)(1) Except as provided in paragraph (2) of this subsection,
within 30 days of hiring such agents, operators, assistants,
guards, watchmen, or patrolmen, the licensee shall make
application to register such employees with the board. (2) Any guard, watchman, or patrolman who will be unarmed and who will be employed in the private security business shall not be registered by the board but shall be governed by Code Section 43-38-7.1. (c) Except as otherwise provided in paragraph (2) of subsection (b)
of this Code section, upon being satisfied of the employee's
character, competency, and eligibility for registration, the board
may register such employee if: (1) The employee is at least 18 years of age; (2) The employee is a citizen of the United States or a registered
resident alien; (3) The employee is of good moral character; (4) The employee has not been convicted of a felony or any crime
involving the illegal use, carrying, or possession of a dangerous
weapon or any crime involving moral turpitude; provided, however,
that, if the employee has been convicted of such crime, or has
entered a plea of nolo contendere to such crime, or has entered a
plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise
been granted first offender treatment, the board may inquire into
the nature of the crime, the date of conviction or plea, and other
underlying facts and circumstances surrounding such criminal
proceedings and, in its discretion, may allow the employee to be
registered; (5) The employee has not committed an act constituting dishonesty
or fraud; and (6) The employee meets such other qualifications as the board may
prescribe by rule. (d) The application for registration shall be made in writing, under
oath, on a form to be furnished by the division director. The
application shall state the employee's full name, age, and date and
place of birth; residences and employment within the past five
years; experience in the position applied for or held; the date and
place of conviction or arrest for any crime, including the entry of
a plea of nolo contendere or the entry of a plea entered pursuant to
Article 3 of Chapter 8 of Title 42 or other first offender
treatment; and such other information as the board may require. The
application for registration shall be accompanied by two sets of
fingerprints of the employee and one photograph of the employee, two
inches wide by three inches high, full face, taken within six months
prior to the application. The board shall have discretion to deny
registration to any individual when the information and supporting
documentation required by this subsection are not provided. (e) Upon granting an application for registration pursuant to this
Code section, the board shall so notify the employer-licensee. The
employer-licensee shall notify the board within 30 days of the
termination of employment of any registered employees. (f) Upon receipt of a registration card issued by the board pursuant
to this chapter, the registrant shall maintain said card on his
person at all times while on his post or at his place of employment
and at all times when the registrant wears a uniform in the course
of his employment in the private detective or private security
business. (g) Notwithstanding any other provisions of this Code section, any person who is to be registered under this Code section shall agree in writing on the application that if such person to be registered makes a false statement in the application or if such person has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any registration granted to such applicant without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension. |