§463-8  Guards and guard agencies;
qualifications for license.  (a)  The board may grant a guard license to
any suitable individual, or a guard agency license to any suitable firm making
written application therefor.  The applicant, if an individual, or the
principal guard of a firm shall:



(1)  Be not less than eighteen years of age;



(2)  Have had a high school education or its
equivalent;



(3)  Have had experience reasonably equivalent to at
least four years of full-time guard work;



(4)  Not be presently suffering from any psychiatric
or psychological disorder which is directly related and detrimental to a
person's performance in the profession;



(5)  Not have been convicted in any jurisdiction of a
crime which reflects unfavorably on the fitness of the applicant to engage in
the profession, unless the conviction has been annulled or expunged by court
order; and



(6)  Possess a history of honesty, truthfulness,
financial integrity, and fair dealing.



A firm applying for a guard agency license shall
have in its employ an individual who is licensed as a guard and who shall be
designated as the principal guard for the firm, and shall provide a bond as
required under section 463-12.



(b)  A guard agency may employ as many agents,
operatives, and assistants in a guard capacity and as necessary for the conduct
of business; provided that the principal guard shall be held responsible for,
and have direct management and control of, the agency and the agency's
employees while they are acting within the scope and purpose of the guard
agency's business.  These employees shall not be required to have guard
licenses, and shall:



(1)  Have had an eighth grade education or its
equivalent;



(2)  Not be presently suffering from any psychiatric
or psychological disorder which is directly related and detrimental to a
person's performance in the profession;



(3)  Not have been convicted in any jurisdiction of a
crime which reflects unfavorably on the fitness of the employee to engage in
the profession, unless the conviction has been annulled or expunged by court
order; and



(4)  Be registered with the board upon employment with
the agency.



The employer, with the written authorization of the
employee, shall conduct a criminal history records check of all new employees
employed in a guard capacity directly through the Hawaii criminal justice data
center upon certification to the board that the signature on the authorization
is authentic. [L 1961, c 77, pt of §1; am L 1965, c 35, §2; Supp, §165A-8; HRS
§463-8; am L 1974, c 21, §3 and c 205, §2(24); am L 1983, c 40, §5; am L 1987,
c 57, §4; am L 1994, c 122, §5; am L 2004, c 94, §7]