CHAPTER 1.3. SECURITY GUARD AGENCY LICENSING
IC 25-30-1.3
Chapter 1.3. Security Guard Agency Licensing
IC 25-30-1.3-1
"Board"
Sec. 1. As used in this chapter, "board" refers to the privateinvestigator and security guard licensing board established underIC 25-30-1-5.2.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-2
"Business entity"
Sec. 2. As used in this chapter, "business entity" means a firm, acompany, an association, an organization, a partnership, or acorporation.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-3
"Licensee"
Sec. 3. As used in this chapter, "licensee" means a person licensedas a security guard agency under this chapter.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-4
"Person"
Sec. 4. As used in this chapter, "person" means an individual, afirm, a company, an association, an organization, a partnership, or acorporation.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-5
"Security guard agency"
Sec. 5. As used in this chapter, "security guard agency" means aperson that is in the business of providing, for hire or reward, a guardor other individual to:
(1) protect persons or property; or
(2) prevent the misappropriation or concealment of goods,wares and merchandise, money, bonds, stocks, choses in action,notes, or other valuable documents or papers.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-6
"Industrial plant"; application
Sec. 6. (a) For purposes of this section, "industrial plant" meansa factory, business, or concern that is engaged primarily in themanufacture or assembly of goods or the processing of raw materials,or both.
(b) This chapter does not apply to the following:
(1) A law enforcement officer of the United States, a state, or apolitical subdivision of a state to the extent that the officer is
engaged in the performance of the officer's official duties.
(2) An employee to the extent that the employee is hired for thepurpose of guarding and protecting the properties of railroadcompanies and is licensed as a railroad policeman underIC 8-3-17, to the extent that the employee is engaged in theperformance of the employee's official duties.
(3) The owner of an industrial plant or an employee of theowner of an industrial plant to the extent that the owner or theemployee is hiring a plant security guard for the owner'sindustrial plant.
(4) A retail merchant or an employee of the retail merchant tothe extent that the retail merchant or the employee is hiring asecurity guard for the retail merchant's retail establishment.
As added by P.L.185-2007, SEC.27. Amended by P.L.3-2008,SEC.199.
IC 25-30-1.3-7
Necessity of license
Sec. 7. A person may not:
(1) engage in business as a security guard agency;
(2) solicit or advertise for business as a security guard agency;or
(3) represent or hold a person out as a security guard agency;
unless the person is licensed as a security guard agency under thischapter.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-8
Application
Sec. 8. (a) A person must apply for a license as a security guardagency by submitting the following to the board:
(1) An application as described under subsection (b) and in aform prescribed by the board.
(2) A licensing fee established by the board under IC 25-1-8.
(b) The application for licensure as a security guard agency mustinclude the following:
(1) The full name and business address, including streetaddress, of the applicant.
(2) The name under which the applicant intends to do businessas a security guard agency.
(3) The full name and residential address of each of the securityguard agency's members, partners, officers, directors, andmanagers.
(4) Proof of insurance required under section 16 of this chapter.
(5) Other information, evidence, statements, or documentsrequired by the board.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-9
Qualifications for license; grounds for denial Sec. 9. (a) The board may not issue a security guard agencylicense to an individual unless the individual:
(1) is at least twenty-one (21) years of age; and
(2) demonstrates the necessary knowledge and skills, asdetermined by the board, to conduct a security guard agencycompetently.
(b) The board may not issue a security guard agency license to abusiness entity unless:
(1) one (1) officer, in the case of a corporation; or
(2) one (1) partner, in the case of a partnership;
meets the personal qualifications as set out in subsection (a), unlessotherwise provided.
(c) The board may deny a license unless the applicant makes ashowing satisfactory to the board that the applicant or, if theapplicant is a business entity, the officer or partner referred to insubsection (b):
(1) has not committed an act which, if committed by a licensee,would be grounds for the suspension or revocation of a licenseunder this chapter;
(2) has not been convicted of:
(A) a felony; or
(B) a misdemeanor that has a direct bearing upon theapplicant's ability to practice competently;
(3) has not been refused a license under this chapter or had alicense revoked;
(4) has not, while unlicensed, committed or aided and abettedcommission of an act for which a license is required by thischapter;
(5) is not on probation or parole; and
(6) is not being sought under an active warrant against theapplicant, officer, or partner.
As added by P.L.185-2007, SEC.27. Amended by P.L.3-2008,SEC.200.
IC 25-30-1.3-10
Change in ownership; termination of license
Sec. 10. If a change in the ownership of a security guard agencyresults in the failure to meet the qualifications set forth in section 9of this chapter:
(1) the license for the security guard agency terminates on thedate the change in ownership is effective; and
(2) the security guard agency must file a new application for alicense as a security guard agency with the board.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-11
Continuation of business after death of licensee
Sec. 11. (a) Upon the death of an individual licensed under thischapter, the security guard agency with which the decedent wasconnected may be carried on for a period of ninety (90) days after the
individual's death by the following:
(1) In the case of an individual licensee, the surviving spouse,or if there is no surviving spouse, the executor or administratorof the estate of the decedent.
(2) In the case of a partner, the surviving partners.
(3) In the case of an officer of a business entity, the otherofficers of the business entity.
(b) Upon the authorization of the board, a security guard agencymay be carried on for a further period of time when necessary tocomplete an investigation or assist in litigation pending at the deathof the decedent.
(c) This section does not authorize the solicitation or acceptanceof business after the death of an individual except as provided by thischapter.
(d) This section may not be construed to restrict the sale of asecurity guard agency if the vendee qualifies for a license under thischapter.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-12
Form of license; pocket card; change of information; assignmentof license
Sec. 12. (a) A license, when issued, must be in a form determinedby the board and must include the following:
(1) The full name of the licensee.
(2) The number and expiration date of the license.
(b) Upon the issuance of a security guard agency license, a pocketcard shall be issued without charge to the licensee. If a license isrevoked, the person whose license is revoked shall surrender thepocket card and, not later than five (5) days after revocation, shallmail or deliver the pocket card to the board for cancellation.
(c) A licensed security guard agency shall, not later than thirty(30) days after a change, notify the board of any changes to the:
(1) licensee's address;
(2) name under which the licensee does business; or
(3) licensee's officers, directors, members, or partners.
(d) A license issued under this chapter is not assignable and ispersonal to the licensee.
(e) A licensee shall present, upon the request of any client, apocket card license that indicates the:
(1) license is active; and
(2) licensee is in good standing.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-13
Employees of licensee
Sec. 13. (a) A licensee may employ, to assist the licensee in thelicensee's business as a security guard agency, as many unlicensedpersons as necessary. The licensee is civilly responsible for the goodconduct of all employees while the employees are acting on behalf
of the licensee.
(b) A licensee shall maintain a record, relative to each of thelicensee's employees, containing the following information:
(1) A picture taken within thirty (30) days after the date that anemployee commences employment with the licensee.
(2) A full set of fingerprints of both hands of each employee.
(c) A licensee shall provide the board, at the board's request, aroster of all unlicensed persons employed by the security guardagency.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-14
Advertisements
Sec. 14. An advertisement by a licensee soliciting or advertisingfor business must contain the name and address of the licensee as itappears in the records of the board.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-15
Nonresidents
Sec. 15. It is unlawful for a person licensed by any other state todo business in Indiana unless the person is licensed and authorizedto do business in Indiana. A person may not do business in Indianauntil the person is licensed with the board and meets therequirements for licensees of Indiana. In addition, an out-of-stateperson must prove to the board that the person is in good standing inthe state the person was issued a license.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-16
Insurance
Sec. 16. (a) An applicant for a security guard agency license mustsubmit to the board a certificate of insurance or other evidence offinancial responsibility that:
(1) is approved by the board; and
(2) meets the following requirements:
(A) Is issued by an insurance company or other legal entityauthorized to transact business in Indiana.
(B) Provides for general liability coverage of at least onehundred thousand dollars ($100,000).
(C) Lists the state as an additional insured.
(D) States that cancellation and nonrenewal of theunderlying policy or other evidence of financialresponsibility is not effective until the board receives at leastten (10) days prior written notice of the cancellation ornonrenewal of the policy.
(E) Contains any other terms and conditions established bythe board.
(b) The insurance referred to in subsection (a):
(1) must cover damages that the insured becomes legally
obligated to pay for bodily injury or property damageproximately caused to a person by the insured in conductingbusiness as a security guard agency;
(2) must include coverage for:
(A) false arrest, detention, or imprisonment;
(B) malicious prosecution; and
(C) wrongful entry or eviction or other invasion of the rightof private occupancy; and
(3) may not exclude coverage for an intentional act taken by orat the direction of the insured that results in bodily injury, if theinjury arises solely from the use of reasonable force to protectpersons or property.
(c) If a licensee fails to comply with the insurance requirementsof this section, the license of the licensee shall be suspended. Alicense suspended under this subsection may not be reinstated untilan application for reinstatement of the license, in the form prescribedby the board, is filed with the board, together with proper proof ofinsurance.
(d) The board may deny an application for the reinstatement of alicense suspended under this section, notwithstanding the applicant'scompliance with the insurance requirements of this section for anyof the following:
(1) Any reason that would justify a refusal to issue, asuspension, or a revocation of a license.
(2) The performance by the applicant, while the applicant'slicense was suspended under this section, of any practice forwhich a license under this chapter is required.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-17
Expiration; renewal; reinstatement
Sec. 17. (a) Unless a license is renewed, a license issued underthis chapter expires on a date specified by the licensing agency underIC 25-1-6-4 and expires every four (4) years after the initialexpiration date. An applicant for renewal shall pay the renewal feeestablished by the board under IC 25-1-8-2 on or before the renewaldate specified by the licensing agency.
(b) If the holder of a license does not renew the license by the datespecified by the licensing agency, the license expires and becomesinvalid without any action taken by the board.
(c) If a license has been expired for not more than three (3) years,the license may be reinstated if the holder of the license meets therequirements under IC 25-1-8-6(c).
(d) If a license has been expired for more than three (3) years, thelicense may be reinstated by the board if the holder of the licensemeets the requirements for reinstatement under IC 25-1-8-6(d).
As added by P.L.185-2007, SEC.27. Amended by P.L.105-2008,SEC.58.
IC 25-30-1.3-18 Fees
Sec. 18. (a) The board shall charge and the licensing agency shallcollect the fees established by the board under IC 25-1-8.
(b) All fees collected under this chapter shall be deposited in thestate general fund and shall be accounted for by the licensing agency.
(c) All fees collected under this chapter are nontransferable andnonrefundable.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-19
Administrative proceedings; violations; sanctions
Sec. 19. (a) The proceedings under this chapter shall be conductedin accordance with IC 4-21.5. In conducting proceedings under thischapter, the board has all powers granted under IC 4-21.5.
(b) The board may impose sanctions against a licensee underIC 25-1-11 if the board determines that the licensee has done any ofthe following:
(1) Forcibly and without the consent of the person in lawfulpossession, entered a building or part of a building.
(2) Impersonated, permitted an employee to impersonate, oraided and abetted an employee in impersonating:
(A) a law enforcement officer;
(B) an employee of the United States government;
(C) an employee of the state; or
(D) an employee of a political subdivision of the state.
(3) During the period between the expiration of a license forfailure to renew within the time fixed by this chapter and thereinstatement of the license, committed or permitted anemployee to commit an act that would be cause for suspensionor revocation of a license or grounds for the denial of theapplication for a license.
(4) Committed an act that is grounds for a denial of anapplication for a license under this chapter.
As added by P.L.185-2007, SEC.27. Amended by P.L.3-2008,SEC.201.
IC 25-30-1.3-20
Carrying weapons
Sec. 20. This chapter may not be construed to authorize anylicensee to carry any weapon.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-21
Action to collect fees; burden of proving licensure or exemption
Sec. 21. A person that files a civil action to collect fees forperforming acts regulated by this chapter must allege and prove thatwhen the action arose the person was not in violation of section 23of this chapter.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-22
Prosecuting attorneys; reporting violations
Sec. 22. A prosecuting attorney to whom the board reports aviolation of this chapter shall cause proceedings to be commencedagainst a person or a business entity violating this chapter and toprosecute the person or the business entity to final termination.
As added by P.L.185-2007, SEC.27.
IC 25-30-1.3-23
Violations; fines; separate offenses; complaints
Sec. 23. (a) A person who recklessly, knowingly, or intentionallyviolates this chapter commits a Class A misdemeanor.
(b) A person who is not exempt under section 6 of this chapter,who does not have a security guard agency license, and whorecklessly, knowingly, or intentionally:
(1) engages in business as a security guard agency;
(2) solicits or advertises for business as a security guard agency;or
(3) in any way represents to be a security guard agency;
commits a Class A misdemeanor.
(c) In addition to any other penalty imposed on the person, thecourt shall fine a person convicted of an offense under subsection (b)the amount of compensation earned by the person in the commissionof the offense. Notwithstanding IC 35-50-3-2, the total fine imposedunder this section may exceed ten thousand dollars ($10,000) ifnecessary to comply with this subsection.
(d) Each transaction under subsection (b) constitutes a separateoffense.
(e) A complaint for a violation of this chapter or for an injunctionunder section 24 of this chapter is sufficient if the complaint allegesthat a person or business entity on a specific day in a specific county:
(1) engaged in business as a security guard agency;
(2) solicited or advertised for business as a security guardagency; or
(3) represented to be a security guard agency;
without a security guard agency license.
(f) A person who recklessly, knowingly, or intentionally fails orrefuses to surrender a security guard agency license issued under thischapter when the license is revoked by action of the board commitsa Class A misdemeanor.
As added by P.L.185-2007, SEC.27. Amended by P.L.3-2008,SEC.202.
IC 25-30-1.3-24
Activities by unlicensed persons; show cause notice; cease anddesist order
Sec. 24. (a) If the board determines that a person that is notlicensed or exempt under this chapter is engaged in activities thatrequire a license, the board may send a notice of hearing requiringthe person to show cause why the challenged activities are not a
violation of this chapter. The notice must be in writing and includethe following information:
(1) The date, time, and place of the hearing.
(2) The alleged violation.
(3) That the affected person or the person's representative maypresent evidence concerning the alleged violation.
(b) A hearing conducted under this section must comply withIC 4-21.5.
(c) If the board after a hearing determines that the activities thatthe person engaged in are subject to licensing under this chapter, theboard may issue a cease and desist order that describes the personand activities that are the subject of the order.
(d) A cease and desist order issued under this section isenforceable in the circuit courts of Indiana.
(e) The attorney general, the board, or the prosecuting attorney ofany county where a violation of section 23(b) of this chapter occursmay file an action in the name of the state for an injunction.
As added by P.L.185-2007, SEC.27.