§ 9.1-139. Licensing, certification, and registration required;qualifications; temporary licenses.
A. No person shall engage in the private security services business orsolicit private security business in the Commonwealth without having obtaineda license from the Department. No person shall be issued a private securityservices business license until a compliance agent is designated in writingon forms provided by the Department. The compliance agent shall ensure thecompliance of the private security services business with this article andshall meet the qualifications and perform the duties required by theregulations adopted by the Board. A compliance agent shall have either aminimum of (i) three years of managerial or supervisory experience in aprivate security services business; with a federal, state or locallaw-enforcement agency; or in a related field or (ii) five years ofexperience in a private security services business; with a federal, state orlocal law-enforcement agency; or in a related field.
B. No person shall act as private security services training school orsolicit students for private security training in the Commonwealth withoutbeing certified by the Department. No person shall be issued a privatesecurity services training school certification until a school director isdesignated in writing on forms provided by the Department. The schooldirector shall ensure the compliance of the school with the provisions ofthis article and shall meet the qualifications and perform the dutiesrequired by the regulations adopted by the Board.
C. No person shall be employed by a licensed private security servicesbusiness in the Commonwealth as armored car personnel, courier, armedsecurity officer, detector canine handler, unarmed security officer, securitycanine handler, private investigator, personal protection specialist, alarmrespondent, locksmith, central station dispatcher, electronic security salesrepresentative, electronic security technician's assistant, or electronicsecurity technician without possessing a valid registration issued by theDepartment, except as provided in this article.
D. A temporary license may be issued in accordance with Board regulations forthe purpose of awaiting the results of the state and national fingerprintsearch. However, no person shall be issued a temporary license until (i) hehas designated a compliance agent who has complied with the compulsoryminimum training standards established by the Board pursuant to subsection Aof § 9.1-141 for compliance agents, (ii) each principal of the business hassubmitted his fingerprints for a National Criminal Records search and aVirginia Criminal History Records search, and (iii) he has met all otherrequirements of this article and Board regulations.
E. No person shall be employed by a licensed private security servicesbusiness in the Commonwealth unless such person is certified or registered inaccordance with this chapter.
F. A temporary registration may be issued in accordance with Boardregulations for the purpose of awaiting the results of the state and nationalfingerprint search. However, no person shall be issued a temporaryregistration until he has (i) complied with, or been exempted from thecompulsory minimum training standards established by the Board, pursuant tosubsection A of § 9.1-141, for armored car personnel, couriers, armedsecurity officers, detector canine handlers, unarmed security officers,security canine handlers, private investigators, personal protectionspecialists, alarm respondents, locksmith, central station dispatchers,electronic security sales representatives, electronic security technician'sassistants, or electronic security technicians, (ii) submitted hisfingerprints to be used for the conduct of a National Criminal Records searchand a Virginia Criminal History Records search, and (iii) met all otherrequirements of this article and Board regulations.
G. A temporary certification as a private security instructor or privatesecurity training school may be issued in accordance with Board regulationsfor the purpose of awaiting the results of the state and national fingerprintsearch. However, no person shall be issued a temporary certification as aprivate security services instructor until he has (i) met the education,training and experience requirements established by the Board and (ii)submitted his fingerprints to be used for the conduct of a National CriminalRecords search and a Virginia Criminal History Records search. No personshall be issued a temporary certification as a private security servicestraining school until (a) he has designated a training director, (b) eachprincipal of the training school has submitted his fingerprints to be usedfor the conduct of a National Criminal Records search and a Virginia CriminalHistory Records search, and (c) he has met all other requirements of thisarticle and Board regulations.
H. A licensed private security services business in the Commonwealth shallnot employ as an unarmed security officer, electronic security technician'sassistant, unarmed alarm respondent, central station dispatcher, electronicsecurity sales representative, locksmith, or electronic security technician,any person who has not complied with, or been exempted from, the compulsoryminimum training standards established by the Board, pursuant to subsection Aof § 9.1-141, except that such person may be so employed for not more than 90days while completing compulsory minimum training standards.
I. No person shall be employed as an electronic security employee, electronicsecurity technician's assistant, unarmed alarm respondent, locksmith, centralstation dispatcher, electronic security sales representative, electronicsecurity technician or supervisor until he has submitted his fingerprints tothe Department to be used for the conduct of a National Criminal Recordssearch and a Virginia Criminal History Records search. The provisions of thissubsection shall not apply to an out-of-state central station dispatchermeeting the requirements of subdivision 19 of § 9.1-140.
J. The compliance agent of each licensed private security services businessin the Commonwealth shall maintain documentary evidence that each privatesecurity registrant and certified employee employed by his private securityservices business has complied with, or been exempted from, the compulsoryminimum training standards required by the Board. Before January 1, 2003, thecompliance agent shall ensure that an investigation to determine suitabilityof each unarmed security officer employee has been conducted, except that anysuch unarmed security officer, upon initiating a request for suchinvestigation under the provisions of subdivision 11 of subsection A of §19.2-389, may be employed for up to 30 days pending completion of suchinvestigation. After January 1, 2003, no person shall be employed as anunarmed security officer until he has submitted his fingerprints to theDepartment for the conduct of a National Criminal Records search and aVirginia Criminal History Records search. Any person who was employed as anunarmed security officer prior to January 1, 2003, shall submit hisfingerprints to the Department in accordance with subsection B of § 9.1-145.
K. No person with a criminal conviction for a misdemeanor involving (i) moralturpitude, (ii) assault and battery, (iii) damage to real or personalproperty, (iv) controlled substances or imitation controlled substances asdefined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, (v)prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) ofChapter 4 of Title 18.2, or (vi) firearms, or any felony shall be (a)employed as a registered or certified employee by a private security servicesbusiness or training school, or (b) issued a private security servicesregistration, certification as an unarmed security officer, electronicsecurity employee or technician's assistant, a private security servicestraining school or instructor certification, compliance agent certification,or a private security services business license, except that, upon writtenrequest, the Director of the Department may waive such prohibition.
L. The Department may grant a temporary exemption from the requirement forlicensure, certification, or registration for a period of not more than 30days in a situation deemed an emergency by the Department.
M. All private security services businesses and private security servicestraining schools in the Commonwealth shall include their license orcertification number on all business advertising materials.
N. A licensed private security services business in the Commonwealth shallnot employ as armored car personnel any person who has not complied with, orbeen exempted from, the compulsory minimum training standards established bythe Board pursuant to subsection A of § 9.1-141, except such person may serveas a driver of an armored car for not more than 90 days while completingcompulsory minimum training standards, provided such person does not possessor have access to a firearm while serving as a driver.
(1976, c. 737, § 54-729.29; 1977, c. 376, § 54.1-1902; 1978, cc. 28, 428;1984, cc. 57, 779; 1988, cc. 48, 765; 1991, c. 589; 1992, c. 578, § 9-183.3;1994, cc. 45, 47, 810; 1995, c. 79; 1996, c. 541; 1998, cc. 53, 122, 807;2000, c. 26; 2001, cc. 821, 844; 2002, cc. 578, 597; 2003, c. 124; 2004, c.470; 2008, c. 638.)
§ 9.1-139. Licensing, certification, and registration required;qualifications; temporary licenses.
A. No person shall engage in the private security services business orsolicit private security business in the Commonwealth without having obtaineda license from the Department. No person shall be issued a private securityservices business license until a compliance agent is designated in writingon forms provided by the Department. The compliance agent shall ensure thecompliance of the private security services business with this article andshall meet the qualifications and perform the duties required by theregulations adopted by the Board. A compliance agent shall have either aminimum of (i) three years of managerial or supervisory experience in aprivate security services business; with a federal, state or locallaw-enforcement agency; or in a related field or (ii) five years ofexperience in a private security services business; with a federal, state orlocal law-enforcement agency; or in a related field.
B. No person shall act as private security services training school orsolicit students for private security training in the Commonwealth withoutbeing certified by the Department. No person shall be issued a privatesecurity services training school certification until a school director isdesignated in writing on forms provided by the Department. The schooldirector shall ensure the compliance of the school with the provisions ofthis article and shall meet the qualifications and perform the dutiesrequired by the regulations adopted by the Board.
C. No person shall be employed by a licensed private security servicesbusiness in the Commonwealth as armored car personnel, courier, armedsecurity officer, detector canine handler, unarmed security officer, securitycanine handler, private investigator, personal protection specialist, alarmrespondent, locksmith, central station dispatcher, electronic security salesrepresentative, electronic security technician's assistant, or electronicsecurity technician without possessing a valid registration issued by theDepartment, except as provided in this article.
D. A temporary license may be issued in accordance with Board regulations forthe purpose of awaiting the results of the state and national fingerprintsearch. However, no person shall be issued a temporary license until (i) hehas designated a compliance agent who has complied with the compulsoryminimum training standards established by the Board pursuant to subsection Aof § 9.1-141 for compliance agents, (ii) each principal of the business hassubmitted his fingerprints for a National Criminal Records search and aVirginia Criminal History Records search, and (iii) he has met all otherrequirements of this article and Board regulations.
E. No person shall be employed by a licensed private security servicesbusiness in the Commonwealth unless such person is certified or registered inaccordance with this chapter.
F. A temporary registration may be issued in accordance with Boardregulations for the purpose of awaiting the results of the state and nationalfingerprint search. However, no person shall be issued a temporaryregistration until he has (i) complied with, or been exempted from thecompulsory minimum training standards established by the Board, pursuant tosubsection A of § 9.1-141, for armored car personnel, couriers, armedsecurity officers, detector canine handlers, unarmed security officers,security canine handlers, private investigators, personal protectionspecialists, alarm respondents, locksmith, central station dispatchers,electronic security sales representatives, electronic security technician'sassistants, or electronic security technicians, (ii) submitted hisfingerprints to be used for the conduct of a National Criminal Records searchand a Virginia Criminal History Records search, and (iii) met all otherrequirements of this article and Board regulations.
G. A temporary certification as a private security instructor or privatesecurity training school may be issued in accordance with Board regulationsfor the purpose of awaiting the results of the state and national fingerprintsearch. However, no person shall be issued a temporary certification as aprivate security services instructor until he has (i) met the education,training and experience requirements established by the Board and (ii)submitted his fingerprints to be used for the conduct of a National CriminalRecords search and a Virginia Criminal History Records search. No personshall be issued a temporary certification as a private security servicestraining school until (a) he has designated a training director, (b) eachprincipal of the training school has submitted his fingerprints to be usedfor the conduct of a National Criminal Records search and a Virginia CriminalHistory Records search, and (c) he has met all other requirements of thisarticle and Board regulations.
H. A licensed private security services business in the Commonwealth shallnot employ as an unarmed security officer, electronic security technician'sassistant, unarmed alarm respondent, central station dispatcher, electronicsecurity sales representative, locksmith, or electronic security technician,any person who has not complied with, or been exempted from, the compulsoryminimum training standards established by the Board, pursuant to subsection Aof § 9.1-141, except that such person may be so employed for not more than 90days while completing compulsory minimum training standards.
I. No person shall be employed as an electronic security employee, electronicsecurity technician's assistant, unarmed alarm respondent, locksmith, centralstation dispatcher, electronic security sales representative, electronicsecurity technician or supervisor until he has submitted his fingerprints tothe Department to be used for the conduct of a National Criminal Recordssearch and a Virginia Criminal History Records search. The provisions of thissubsection shall not apply to an out-of-state central station dispatchermeeting the requirements of subdivision 19 of § 9.1-140.
J. The compliance agent of each licensed private security services businessin the Commonwealth shall maintain documentary evidence that each privatesecurity registrant and certified employee employed by his private securityservices business has complied with, or been exempted from, the compulsoryminimum training standards required by the Board. Before January 1, 2003, thecompliance agent shall ensure that an investigation to determine suitabilityof each unarmed security officer employee has been conducted, except that anysuch unarmed security officer, upon initiating a request for suchinvestigation under the provisions of subdivision 11 of subsection A of §19.2-389, may be employed for up to 30 days pending completion of suchinvestigation. After January 1, 2003, no person shall be employed as anunarmed security officer until he has submitted his fingerprints to theDepartment for the conduct of a National Criminal Records search and aVirginia Criminal History Records search. Any person who was employed as anunarmed security officer prior to January 1, 2003, shall submit hisfingerprints to the Department in accordance with subsection B of § 9.1-145.
K. No person with a criminal conviction for a misdemeanor involving (i) moralturpitude, (ii) assault and battery, (iii) damage to real or personalproperty, (iv) controlled substances or imitation controlled substances asdefined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, (v)prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) ofChapter 4 of Title 18.2, or (vi) firearms, or any felony shall be (a)employed as a registered or certified employee by a private security servicesbusiness or training school, or (b) issued a private security servicesregistration, certification as an unarmed security officer, electronicsecurity employee or technician's assistant, a private security servicestraining school or instructor certification, compliance agent certification,or a private security services business license, except that, upon writtenrequest, the Director of the Department may waive such prohibition.
L. The Department may grant a temporary exemption from the requirement forlicensure, certification, or registration for a period of not more than 30days in a situation deemed an emergency by the Department.
M. All private security services businesses and private security servicestraining schools in the Commonwealth shall include their license orcertification number on all business advertising materials.
N. A licensed private security services business in the Commonwealth shallnot employ as armored car personnel any person who has not complied with, orbeen exempted from, the compulsory minimum training standards established bythe Board pursuant to subsection A of § 9.1-141, except such person may serveas a driver of an armored car for not more than 90 days while completingcompulsory minimum training standards, provided such person does not possessor have access to a firearm while serving as a driver.
(1976, c. 737, § 54-729.29; 1977, c. 376, § 54.1-1902; 1978, cc. 28, 428;1984, cc. 57, 779; 1988, cc. 48, 765; 1991, c. 589; 1992, c. 578, § 9-183.3;1994, cc. 45, 47, 810; 1995, c. 79; 1996, c. 541; 1998, cc. 53, 122, 807;2000, c. 26; 2001, cc. 821, 844; 2002, cc. 578, 597; 2003, c. 124; 2004, c.470; 2008, c. 638.)
§ 9.1-139. Licensing, certification, and registration required;qualifications; temporary licenses.
A. No person shall engage in the private security services business orsolicit private security business in the Commonwealth without having obtaineda license from the Department. No person shall be issued a private securityservices business license until a compliance agent is designated in writingon forms provided by the Department. The compliance agent shall ensure thecompliance of the private security services business with this article andshall meet the qualifications and perform the duties required by theregulations adopted by the Board. A compliance agent shall have either aminimum of (i) three years of managerial or supervisory experience in aprivate security services business; with a federal, state or locallaw-enforcement agency; or in a related field or (ii) five years ofexperience in a private security services business; with a federal, state orlocal law-enforcement agency; or in a related field.
B. No person shall act as private security services training school orsolicit students for private security training in the Commonwealth withoutbeing certified by the Department. No person shall be issued a privatesecurity services training school certification until a school director isdesignated in writing on forms provided by the Department. The schooldirector shall ensure the compliance of the school with the provisions ofthis article and shall meet the qualifications and perform the dutiesrequired by the regulations adopted by the Board.
C. No person shall be employed by a licensed private security servicesbusiness in the Commonwealth as armored car personnel, courier, armedsecurity officer, detector canine handler, unarmed security officer, securitycanine handler, private investigator, personal protection specialist, alarmrespondent, locksmith, central station dispatcher, electronic security salesrepresentative, electronic security technician's assistant, or electronicsecurity technician without possessing a valid registration issued by theDepartment, except as provided in this article.
D. A temporary license may be issued in accordance with Board regulations forthe purpose of awaiting the results of the state and national fingerprintsearch. However, no person shall be issued a temporary license until (i) hehas designated a compliance agent who has complied with the compulsoryminimum training standards established by the Board pursuant to subsection Aof § 9.1-141 for compliance agents, (ii) each principal of the business hassubmitted his fingerprints for a National Criminal Records search and aVirginia Criminal History Records search, and (iii) he has met all otherrequirements of this article and Board regulations.
E. No person shall be employed by a licensed private security servicesbusiness in the Commonwealth unless such person is certified or registered inaccordance with this chapter.
F. A temporary registration may be issued in accordance with Boardregulations for the purpose of awaiting the results of the state and nationalfingerprint search. However, no person shall be issued a temporaryregistration until he has (i) complied with, or been exempted from thecompulsory minimum training standards established by the Board, pursuant tosubsection A of § 9.1-141, for armored car personnel, couriers, armedsecurity officers, detector canine handlers, unarmed security officers,security canine handlers, private investigators, personal protectionspecialists, alarm respondents, locksmith, central station dispatchers,electronic security sales representatives, electronic security technician'sassistants, or electronic security technicians, (ii) submitted hisfingerprints to be used for the conduct of a National Criminal Records searchand a Virginia Criminal History Records search, and (iii) met all otherrequirements of this article and Board regulations.
G. A temporary certification as a private security instructor or privatesecurity training school may be issued in accordance with Board regulationsfor the purpose of awaiting the results of the state and national fingerprintsearch. However, no person shall be issued a temporary certification as aprivate security services instructor until he has (i) met the education,training and experience requirements established by the Board and (ii)submitted his fingerprints to be used for the conduct of a National CriminalRecords search and a Virginia Criminal History Records search. No personshall be issued a temporary certification as a private security servicestraining school until (a) he has designated a training director, (b) eachprincipal of the training school has submitted his fingerprints to be usedfor the conduct of a National Criminal Records search and a Virginia CriminalHistory Records search, and (c) he has met all other requirements of thisarticle and Board regulations.
H. A licensed private security services business in the Commonwealth shallnot employ as an unarmed security officer, electronic security technician'sassistant, unarmed alarm respondent, central station dispatcher, electronicsecurity sales representative, locksmith, or electronic security technician,any person who has not complied with, or been exempted from, the compulsoryminimum training standards established by the Board, pursuant to subsection Aof § 9.1-141, except that such person may be so employed for not more than 90days while completing compulsory minimum training standards.
I. No person shall be employed as an electronic security employee, electronicsecurity technician's assistant, unarmed alarm respondent, locksmith, centralstation dispatcher, electronic security sales representative, electronicsecurity technician or supervisor until he has submitted his fingerprints tothe Department to be used for the conduct of a National Criminal Recordssearch and a Virginia Criminal History Records search. The provisions of thissubsection shall not apply to an out-of-state central station dispatchermeeting the requirements of subdivision 19 of § 9.1-140.
J. The compliance agent of each licensed private security services businessin the Commonwealth shall maintain documentary evidence that each privatesecurity registrant and certified employee employed by his private securityservices business has complied with, or been exempted from, the compulsoryminimum training standards required by the Board. Before January 1, 2003, thecompliance agent shall ensure that an investigation to determine suitabilityof each unarmed security officer employee has been conducted, except that anysuch unarmed security officer, upon initiating a request for suchinvestigation under the provisions of subdivision 11 of subsection A of §19.2-389, may be employed for up to 30 days pending completion of suchinvestigation. After January 1, 2003, no person shall be employed as anunarmed security officer until he has submitted his fingerprints to theDepartment for the conduct of a National Criminal Records search and aVirginia Criminal History Records search. Any person who was employed as anunarmed security officer prior to January 1, 2003, shall submit hisfingerprints to the Department in accordance with subsection B of § 9.1-145.
K. No person with a criminal conviction for a misdemeanor involving (i) moralturpitude, (ii) assault and battery, (iii) damage to real or personalproperty, (iv) controlled substances or imitation controlled substances asdefined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, (v)prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) ofChapter 4 of Title 18.2, or (vi) firearms, or any felony shall be (a)employed as a registered or certified employee by a private security servicesbusiness or training school, or (b) issued a private security servicesregistration, certification as an unarmed security officer, electronicsecurity employee or technician's assistant, a private security servicestraining school or instructor certification, compliance agent certification,or a private security services business license, except that, upon writtenrequest, the Director of the Department may waive such prohibition.
L. The Department may grant a temporary exemption from the requirement forlicensure, certification, or registration for a period of not more than 30days in a situation deemed an emergency by the Department.
M. All private security services businesses and private security servicestraining schools in the Commonwealth shall include their license orcertification number on all business advertising materials.
N. A licensed private security services business in the Commonwealth shallnot employ as armored car personnel any person who has not complied with, orbeen exempted from, the compulsory minimum training standards established bythe Board pursuant to subsection A of § 9.1-141, except such person may serveas a driver of an armored car for not more than 90 days while completingcompulsory minimum training standards, provided such person does not possessor have access to a firearm while serving as a driver.
(1976, c. 737, § 54-729.29; 1977, c. 376, § 54.1-1902; 1978, cc. 28, 428;1984, cc. 57, 779; 1988, cc. 48, 765; 1991, c. 589; 1992, c. 578, § 9-183.3;1994, cc. 45, 47, 810; 1995, c. 79; 1996, c. 541; 1998, cc. 53, 122, 807;2000, c. 26; 2001, cc. 821, 844; 2002, cc. 578, 597; 2003, c. 124; 2004, c.470; 2008, c. 638.)
