2018 Oklahoma Statutes
Title 59. Professions and Occupations
§59-1800.6a. Retail counter sales agents - Criminal history records - Access to confidential information - Penalties.
A. For purposes of this section and paragraph 8 of Section 1800.3 of Title 59 of the Oklahoma Statutes, "retail counter sales agent" means an individual employed by an Oklahoma licensed alarm or locksmith company for the purpose of selling technology devices and services to the general public in a commercial retail setting, including alarm and locksmith services and equipment.
B. 1. Every retail counter sales agent shall undergo a national criminal history records search by a third party or the Department of Labor. The Department of Labor, upon establishing good cause, may demand that an alarm or locksmith company provide the results of a criminal history records search for an individual retail counter sales agent. Upon receipt of any such demand, an alarm or locksmith company shall have a reasonable period of time to provide the results to the Department of Labor. The Department of Labor shall not disseminate the results of any criminal history records search described in this subsection, and such records shall not be subject to the Open Records Act. For purposes of this subsection, "selling" means the initial communications with the customer to determine the appropriate alarm products or systems to be purchased and installed, but shall not include actual installation locations or the final design, plan or laying out of the alarm products or systems. No person shall act as a retail counter sales agent if the results of the criminal background check are unsuccessful in accordance with the Arrest and Conviction Records in Employment Best Practices brochure published by the United States Equal Employment Opportunity Commission.
2. A retail counter sales agent shall not be permitted access to any customer's unique alarm access codes or other confidential information aside from the information necessary to complete a retail sale transaction.
C. Any alarm or locksmith company failing to comply with the provisions of this section shall be deemed in violation of the Alarm and Locksmith Industry Act. The Department of Labor may revoke or suspend the license of the person for a violation of this section.
Added by Laws 2015, c.247, § 2, eff. Nov. 1, 2015.
