2006 Code of Virginia § 9.1-141 - Powers of Board relating to private security services business

9.1-141. Powers of Board relating to private security services business.

A. The Board may adopt regulations in accordance with the AdministrativeProcess Act ( 2.2-4000 et seq.), establishing compulsory minimum,entry-level, in-service, and advanced training standards for persons employedby private security services businesses in classifications defined in 9.1-138. The regulations may include provisions delegating to the Board'sstaff the right to inspect the facilities and programs of persons conductingtraining to ensure compliance with the law and Board regulations. Inestablishing compulsory training standards for each of the classificationsdefined in 9.1-138, the Board shall be guided by the policy of this sectionto secure the public safety and welfare against incompetent or unqualifiedpersons engaging in the activities regulated by this section and Article 4 (9.1-138 et seq.) of this chapter. The regulations may provide for exemptionfrom such training for persons having previous employment as law-enforcementofficers for a state or the federal government. However, no such exemptionshall be granted to persons having less than five continuous years of suchemployment, nor shall an exemption be provided for any person whoseemployment as a law-enforcement officer was terminated because of hismisconduct or incompetence. The regulations may include provisions forpartial exemption from compulsory training for persons having previoustraining that meets or exceeds the minimum training standards and has beenapproved by the Department, or for persons employed in classificationsdefined in 9.1-138. However, no exemption shall be granted to personshaving less than five continuous years of such employment, nor shall anexemption be provided for any person whose employment as a private securityservices business employee was terminated because of his misconduct orincompetence.

B. The Board may enter into an agreement with other states for reciprocity orrecognition of private security services businesses and their employees, dulylicensed by such states. The agreements shall allow those businesses andtheir employees to provide and perform private security services within theCommonwealth to secure the public safety and welfare against incompetent,unqualified, unscrupulous, or unfit persons engaging in the activities ofprivate security services businesses.

C. The Board may adopt regulations in accordance with the AdministrativeProcess Act ( 2.2-4000 et seq.) to secure the public safety and welfareagainst incompetent, unqualified, unscrupulous, or unfit persons engaging inthe 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 forregistration, certification, or licensure, including when necessary thepreparation, administration and grading of examinations;

3. Certify qualified applicants for private security training schools andinstructors or license qualified applicants as practitioners of privatesecurity services businesses;

4. Levy and collect fees for registration, certification, or licensure andrenewal that are sufficient to cover all expenses for administration andoperation of a program of registration, certification, and licensure forprivate security services businesses and training schools;

5. Are necessary to ensure continued competency, and to prevent deceptive ormisleading practices by practitioners and effectively administer theregulatory system adopted by the Board;

6. Receive complaints concerning the conduct of any person whose activitiesare regulated by the Board, to conduct investigations, and to takeappropriate disciplinary action if warranted; and

7. Revoke, suspend or fail to renew a registration, certification, or licensefor just cause as enumerated in Board regulations.

D. In adopting its regulations under subsections A and C, the Board shallseek the advice of the Private Security Services Advisory Board establishedpursuant to 9.1-143.

(1981, c. 632, 9-182; 1990, c. 354; 1992, c. 578; 1994, cc. 45, 335, 810;1995, c. 79; 1998, cc. 122, 807; 2001, c. 844.)