14105149D
Be it enacted by the General Assembly of Virginia: 1. That §9.1-141 of the Code of Virginia is amended and reenacted as follows: §9.1-141. Powers of Board relating to private security services business. A. The Board may adopt regulations in accordance with the
Administrative Process Act (§2.2-4000 et seq.), establishing compulsory
minimum, entry-level, in-service, and advanced training standards for persons
employed by private security services businesses in classifications defined in
§9.1-138. The regulations may include provisions delegating to the Board's
staff the right to inspect the facilities and programs of persons conducting
training to ensure compliance with the law and Board regulations. In
establishing compulsory training standards for each of the classifications
defined in §9.1-138, the Board shall be guided by the policy of this section
to secure the public safety and welfare against incompetent or unqualified
persons engaging in the activities regulated by this section and Article 4 (§
9.1-138 et seq.) of this chapter. The regulations may provide for partial
exemption from such compulsory, entry-level training for persons having
previous employment as law-enforcement officers for a local, state or the
federal government, to include units of the United States armed forces, or for
persons employed in classifications defined in §9.1-138. However, no such
exemption shall be granted to persons having less than five continuous years of
such employment, nor shall an exemption be provided for any person whose
employment as a law-enforcement officer or whose employment as a private
security services business employee was terminated because of his misconduct or
incompetence. The regulations may include separate provisions for B. The Board may enter into an agreement with other states for reciprocity or recognition of private security services businesses and their employees, duly licensed by such states. The agreements shall allow those businesses and their employees to provide and perform private security services within the Commonwealth to secure the public safety and welfare against incompetent, unqualified, unscrupulous, or unfit persons engaging in the activities of private security services businesses. C. The Board may adopt regulations in accordance with the Administrative Process Act (§2.2-4000 et seq.) to secure the public safety and welfare against incompetent, unqualified, unscrupulous, or unfit persons engaging in the activities of private security services businesses that: 1. Establish the qualifications of applicants for registration, certification, or licensure under Article 4 (§9.1-138) of this chapter; 2. Examine, or cause to be examined, the qualifications of each applicant for registration, certification, or licensure, including when necessary the preparation, administration, and grading of examinations; 3. Certify qualified applicants for private security training schools and instructors or license qualified applicants as practitioners of private security services businesses; 4. Levy and collect fees for registration, certification, or licensure and renewal that are sufficient to cover all expenses for administration and operation of a program of registration, certification, and licensure for private security services businesses and training schools; 5. Are necessary to ensure continued competency, and to prevent deceptive or misleading practices by practitioners and effectively administer the regulatory system adopted by the Board; 6. Receive complaints concerning the conduct of any person whose activities are regulated by the Board, to conduct investigations, and to take appropriate disciplinary action if warranted; and 7. Revoke, suspend or fail to renew a registration, certification, or license for just cause as enumerated in Board regulations. D. In adopting its regulations under subsections A and C, the Board shall seek the advice of the Private Security Services Advisory Board established pursuant to §9.1-143. |