§ 9.1-142. Powers of Department relating to private security servicesbusinesses.
A. In addition to the powers otherwise conferred upon it by law, theDepartment may:
1. Charge each applicant for licensure, certification or registration anonrefundable fee as established by the Board to cover the costs of theDepartment for processing an application for a registration, certification orlicense, and enforcement of these regulations, and other costs associatedwith the maintenance of this program of regulation.
2. Charge nonrefundable fees for private security services training asestablished by the Board for processing school certifications and enforcementof training standards.
3. Conduct investigations to determine the suitability of applicants forregistration, licensure, or certification of compliance agents, trainingschools, and instructors. For purposes of this investigation, the Departmentshall have access to criminal history record information maintained by theCentral Criminal Records Exchange of the Department of State Police and shallconduct a background investigation, to include a National Criminal Recordssearch and a Virginia Criminal History Records search.
4. Issue subpoenas. The Director or a designated subordinate may make an exparte application to the circuit court for the city or county whereinevidence sought is kept or wherein a licensee does business, for the issuanceof a subpoena duces tecum in furtherance of the investigation of a sworncomplaint within the jurisdiction of the Department or the Board to requestproduction of any relevant records, documents and physical or other evidenceof any person, partnership, association or corporation licensed or regulatedby the Department pursuant to this article. The court may issue and compelcompliance with such a subpoena upon a showing of reasonable cause. Upondetermining that reasonable cause exists to believe that evidence may bedestroyed or altered, the court may issue a subpoena duces tecum requiringthe immediate production of evidence.
5. Recover costs of the investigation and adjudication of violations of thisarticle or Board regulations. Such costs may be recovered from the respondentwhen a sanction is imposed to fine or place on probation, suspend, revoke, ordeny the issuance of any license, certification, or registration. Such costsshall be in addition to any monetary penalty which may be imposed. All costsrecovered shall be deposited into the state treasury to the credit of thePrivate Security Services Regulatory Fund.
6. Institute proceedings to enjoin any person from engaging in any lawful actenumerated in § 9.1-147. Such proceedings shall be brought in the name of theCommonwealth by the Department in circuit court of the city or county inwhich the unlawful act occurred or in which the defendant resides.
B. The Director, or agents appointed by him, shall be vested with theauthority to administer oaths or affirmations for the purpose of receivingcomplaints and conducting investigations of violations of this article, orany Board regulation promulgated pursuant to authority given by this article.Information concerning alleged criminal violations shall be turned over tolaw-enforcement officers in appropriate jurisdictions. Agents shall be vestedwith authority to serve such paper or process issued by the Department or theBoard under regulations approved by the Board.
(1976, c. 737, § 54-729.30; 1977, c. 376, § 54.1-1903; 1984, cc. 57, 779;1985, c. 448; 1988, c. 765; 1991, c. 589; 1992, c. 578, § 9-183.4; 1994, c.46; 1998, cc. 122, 807; 2001, c. 844.)
§ 9.1-142. Powers of Department relating to private security servicesbusinesses.
A. In addition to the powers otherwise conferred upon it by law, theDepartment may:
1. Charge each applicant for licensure, certification or registration anonrefundable fee as established by the Board to cover the costs of theDepartment for processing an application for a registration, certification orlicense, and enforcement of these regulations, and other costs associatedwith the maintenance of this program of regulation.
2. Charge nonrefundable fees for private security services training asestablished by the Board for processing school certifications and enforcementof training standards.
3. Conduct investigations to determine the suitability of applicants forregistration, licensure, or certification of compliance agents, trainingschools, and instructors. For purposes of this investigation, the Departmentshall have access to criminal history record information maintained by theCentral Criminal Records Exchange of the Department of State Police and shallconduct a background investigation, to include a National Criminal Recordssearch and a Virginia Criminal History Records search.
4. Issue subpoenas. The Director or a designated subordinate may make an exparte application to the circuit court for the city or county whereinevidence sought is kept or wherein a licensee does business, for the issuanceof a subpoena duces tecum in furtherance of the investigation of a sworncomplaint within the jurisdiction of the Department or the Board to requestproduction of any relevant records, documents and physical or other evidenceof any person, partnership, association or corporation licensed or regulatedby the Department pursuant to this article. The court may issue and compelcompliance with such a subpoena upon a showing of reasonable cause. Upondetermining that reasonable cause exists to believe that evidence may bedestroyed or altered, the court may issue a subpoena duces tecum requiringthe immediate production of evidence.
5. Recover costs of the investigation and adjudication of violations of thisarticle or Board regulations. Such costs may be recovered from the respondentwhen a sanction is imposed to fine or place on probation, suspend, revoke, ordeny the issuance of any license, certification, or registration. Such costsshall be in addition to any monetary penalty which may be imposed. All costsrecovered shall be deposited into the state treasury to the credit of thePrivate Security Services Regulatory Fund.
6. Institute proceedings to enjoin any person from engaging in any lawful actenumerated in § 9.1-147. Such proceedings shall be brought in the name of theCommonwealth by the Department in circuit court of the city or county inwhich the unlawful act occurred or in which the defendant resides.
B. The Director, or agents appointed by him, shall be vested with theauthority to administer oaths or affirmations for the purpose of receivingcomplaints and conducting investigations of violations of this article, orany Board regulation promulgated pursuant to authority given by this article.Information concerning alleged criminal violations shall be turned over tolaw-enforcement officers in appropriate jurisdictions. Agents shall be vestedwith authority to serve such paper or process issued by the Department or theBoard under regulations approved by the Board.
(1976, c. 737, § 54-729.30; 1977, c. 376, § 54.1-1903; 1984, cc. 57, 779;1985, c. 448; 1988, c. 765; 1991, c. 589; 1992, c. 578, § 9-183.4; 1994, c.46; 1998, cc. 122, 807; 2001, c. 844.)
§ 9.1-142. Powers of Department relating to private security servicesbusinesses.
A. In addition to the powers otherwise conferred upon it by law, theDepartment may:
1. Charge each applicant for licensure, certification or registration anonrefundable fee as established by the Board to cover the costs of theDepartment for processing an application for a registration, certification orlicense, and enforcement of these regulations, and other costs associatedwith the maintenance of this program of regulation.
2. Charge nonrefundable fees for private security services training asestablished by the Board for processing school certifications and enforcementof training standards.
3. Conduct investigations to determine the suitability of applicants forregistration, licensure, or certification of compliance agents, trainingschools, and instructors. For purposes of this investigation, the Departmentshall have access to criminal history record information maintained by theCentral Criminal Records Exchange of the Department of State Police and shallconduct a background investigation, to include a National Criminal Recordssearch and a Virginia Criminal History Records search.
4. Issue subpoenas. The Director or a designated subordinate may make an exparte application to the circuit court for the city or county whereinevidence sought is kept or wherein a licensee does business, for the issuanceof a subpoena duces tecum in furtherance of the investigation of a sworncomplaint within the jurisdiction of the Department or the Board to requestproduction of any relevant records, documents and physical or other evidenceof any person, partnership, association or corporation licensed or regulatedby the Department pursuant to this article. The court may issue and compelcompliance with such a subpoena upon a showing of reasonable cause. Upondetermining that reasonable cause exists to believe that evidence may bedestroyed or altered, the court may issue a subpoena duces tecum requiringthe immediate production of evidence.
5. Recover costs of the investigation and adjudication of violations of thisarticle or Board regulations. Such costs may be recovered from the respondentwhen a sanction is imposed to fine or place on probation, suspend, revoke, ordeny the issuance of any license, certification, or registration. Such costsshall be in addition to any monetary penalty which may be imposed. All costsrecovered shall be deposited into the state treasury to the credit of thePrivate Security Services Regulatory Fund.
6. Institute proceedings to enjoin any person from engaging in any lawful actenumerated in § 9.1-147. Such proceedings shall be brought in the name of theCommonwealth by the Department in circuit court of the city or county inwhich the unlawful act occurred or in which the defendant resides.
B. The Director, or agents appointed by him, shall be vested with theauthority to administer oaths or affirmations for the purpose of receivingcomplaints and conducting investigations of violations of this article, orany Board regulation promulgated pursuant to authority given by this article.Information concerning alleged criminal violations shall be turned over tolaw-enforcement officers in appropriate jurisdictions. Agents shall be vestedwith authority to serve such paper or process issued by the Department or theBoard under regulations approved by the Board.
(1976, c. 737, § 54-729.30; 1977, c. 376, § 54.1-1903; 1984, cc. 57, 779;1985, c. 448; 1988, c. 765; 1991, c. 589; 1992, c. 578, § 9-183.4; 1994, c.46; 1998, cc. 122, 807; 2001, c. 844.)
