Forms (6VAC20-174)

Chapter 174. Regulations Relating to Private Security Services Registered Personnel

Part I
Definitions

6VAC20-174-10. Definitions.

In addition to the words and terms defined in § 9.1-138 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Business advertising material" means display advertisements in telephone directories, on letterhead, on business cards, in local newspaper advertising, and in contracts.

"Certified training school" means a training school that is certified by the department for the specific purpose of training private security services business personnel in at least one category of the compulsory minimum training standards as set forth by the board.

"Class" means a block of instruction no less than 50 minutes in length on a particular subject.

"Classroom training" means instruction conducted in person by an instructor to students in an organized manner utilizing a lesson plan.

"Date of hire" means the date any employee of a private security services business or training school performs services regulated or required to be regulated by the department.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Electronic images" means an acceptable method of maintaining required documentation through the scanning, storage, and maintenance of verifiable electronic copies of original documentation.

"Employee" means a natural person employed by a licensee to perform private security services that are regulated by the department.

"End user" means any person who purchases or leases electronic security equipment for use in that person's home or business.

"Entry-level training" means the compulsory initial training for regulated categories and basic or intermediate firearms training standards adopted by the board for private security services business personnel who are either new registrants or failed to timely complete in-service training or firearms retraining within the prescribed time period.

"Firearms endorsement" means a method of regulation that identifies an individual registered as a private security registrant and has successfully completed the annual firearms training and has met the requirements as set forth in this chapter.

"Independent contractor" means a self-employed personal protection specialist or a private investigator who (i) maintains comprehensive liability insurance in an amount fixed by the department, (ii) has been issued a registration by the department, and (iii) enters into a contract to perform work for a private security business licensed to provide services within the Commonwealth.

"In-service training requirement" means the compulsory in-service training standards adopted by the Criminal Justice Services Board for private security services business personnel.

"Intermediate weapon" means a tool not fundamentally designed to cause deadly force with conventional use. This would exclude all metal ammunition firearms or edged weapons. These weapons include baton/collapsible baton, chemical irritants, electronic restraining devices, projectiles, and other less lethal weapons as defined by the department.

"Job-related training" means training specifically related to the daily job functions of a given category of registration or certification as defined in this chapter.

"Official documentation" means personnel records; Certificate of Release or Discharge from Active Duty (DD214); copies of business licenses indicating ownership; law-enforcement transcripts; certificates of training completion; a signed letter provided directly by a current or previous employer detailing dates of employment and job duties; college transcripts; letters of commendation; private security services registrations, certifications, or licenses from other states; and other employment, training, or experience verification documents. A resume is not considered official documentation.

"On duty" means the time during which private security services business personnel receive or are entitled to receive compensation for employment for which a registration or certification is required.

"Online training" means training approved by the department and offered via the Internet or an Intranet for the purpose of remote access on-demand or distance training that meets all requirements for compulsory minimum training standards.

"Performance of his duties" means on duty in the context of this chapter.

"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.

"Private security services business personnel" means each employee of a private security services business who is employed as an unarmed security officer, armed security officer/courier, armored car personnel, security canine handler, detector canine handler, private investigator, personal protection specialist, alarm respondent, locksmith, central station dispatcher, electronic security employee, electronic security sales representative, electronic security technician, or electronic security technician's assistant.

"Reciprocity" means the relation existing between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Recognition" means the relation of accepting various application requirements between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Related field" means any field with training requirements, job duties, and experience similar to those of the private security services field in which the applicant wishes to be licensed, certified, or registered. This term includes law enforcement and certain categories of the military.

"Session" means a group of classes comprising the total hours of mandated compulsory minimum training standards in any of the categories of licensure, registration, or certification in accordance with this part and in accordance with §§ 9.1-150.2, 9.1-185.2 and 9.1-186.2 of the Code of Virginia.

"This chapter" means the Regulations Relating to Private Security Services Registered Personnel (6VAC 20-174).

"Training certification" means verification of the successful completion of any training requirement established in this chapter.

"Training requirement" means any entry-level, in-service, or firearms training or retraining standard established in this chapter.

"Training school director" means a natural person designated by a principal of a certified private security services training school to assure the compliance of the private security services training school with all applicable requirements as provided in the Code of Virginia and this chapter.

"Uniform" means any clothing with a badge, patch, or lettering that clearly identifies persons to any observer as private security services business personnel, not law-enforcement officers.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015; amended, Virginia Register Volume 34, Issue 5, eff. December 1, 2017.

Part II
Application Fees

6VAC20-174-20. Fees.

A. Schedule of fees. The fees listed below reflect the costs of handling, issuance, and production associated with administering and processing applications for registration and other administrative requests for services relating to private security services.

CATEGORIES	FEES
Fingerprint processing application	$50
Initial registration	$25
Registration renewal	$20
Additional registration category form	$20
Replacement registration card	$20
Firearm endorsement	$10
Entry-level training exemption	$25
In-service training alternative credit evaluation	$25

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for registration renewal applications not received on or before the expiration date of the expiring registration.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the registration or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the registration or authority it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the person or registrant may request that the suspended registration or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

D. Manual processing service fee. The department shall collect a $5.00 service fee for any applications under this chapter that are submitted to the department by other means than the available electronic methods established by the department.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part III
Criminal History Records Search

6VAC20-174-30. Fingerprint processing.

A. On or before the first date of hire, each person applying for a private security registration shall submit to the department:

1. One completed fingerprint card provided by the department or another electronic method approved by the department;

2. A fingerprint processing application;

3. The applicable, nonrefundable fee; and

4. All criminal history conviction information on a form provided by the department.

B. The department shall submit those fingerprints to the Virginia State Police for the purpose of conducting a Virginia Criminal History Records search and a National Criminal Records search to determine whether the individual or individuals have a record of conviction.

C. Fingerprint cards found to be unclassifiable will suspend all action on the application pending the resubmission of a classifiable fingerprint card. The applicant shall be so notified in writing and must submit a new fingerprint card within 30 days of notification before the processing of his application shall resume. If a fingerprint card is not submitted within the 30 days, the initial fingerprint application process will be required to include applicable application fees.

D. If the applicant is denied by DCJS, the department will notify the applicant by letter regarding the reasons for the denial. The compliance agent will also be notified in writing by DCJS that the applicant has been denied.

E. Fingerprint applications will be active for 120 days from the date of submittal. Applications for registrations must be submitted within that 120-day period or initial fingerprint submittal will be required.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part IV
Application Procedures and Requirements

6VAC20-174-40. Initial registration application.

A. Individuals required to be registered, pursuant to § 9.1-139 C of the Code of Virginia, in the categories of armored car personnel, courier, unarmed security officer, armed security officer, security canine handler, explosives detector canine handler, narcotics detector canine handler, private investigator, personal protection specialist, alarm respondent, locksmith, central station dispatcher, electronic security sales representative, electronic security technician, or electronic security technician's assistant shall meet all registration requirements in this section. Prior to the issuance of a registration, the applicant shall meet or exceed the requirements of registration and application submittal to the department as set forth in this section. Individuals who carry or have access to a firearm while on duty must have a valid registration with a firearm endorsement pursuant to this chapter. If carrying a handgun concealed, the individual must also have (i) a valid concealed handgun permit pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia and (ii) the written permission of his employer.

B. Each person applying for registration shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Successfully complete all initial training requirements for each registration category requested, including firearms endorsement if applicable, pursuant to the compulsory minimum training standards as set forth in this chapter; and

3. Be a United States citizen or legal resident alien of the United States.

C. Each person applying for registration shall file with the department:

1. A properly completed application provided by the department;

2. On the application, his mailing address;

3. Fingerprint card; and

4. The applicable, nonrefundable application fee.

D. Each person seeking or required to seek registration as an unarmed security officer, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, or an electronic security technician's assistant may be employed for a period not to exceed 90 consecutive days in any categories listed in this subsection while completing the compulsory minimum training standards, provided:

1. Fingerprints have been submitted;

2. The individual is not employed in excess of 120 days without having been issued a registration from the department; and

3. The individual did not fail to timely complete the required training with a previous employer.

E. Upon completion of the initial registration application requirements, the department may issue an initial registration for a period not to exceed 24 months.

F. The department may issue a letter of temporary registration valid for not more than 120 days while awaiting the results of the state and national fingerprint search, provided the applicant has met the necessary conditions and requirements.

G. Each registration shall be issued to the individual named on the application and shall be valid only for use by that individual. No registration shall be assigned or otherwise transferred to another individual.

H. Each registrant shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-50. Renewal registration application.

A. Applications for registration renewal shall meet all renewal requirements and should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address or email address provided by the registrant. However, if a renewal notification is not received by the individual, it is the responsibility of the individual to ensure renewal requirements are filed with the department. Registration renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for registration renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully complete the in-service training, and firearms retraining if applicable, pursuant to the compulsory minimum training standards set forth by this chapter; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a registration when the following are received by the department:

1. A properly completed renewal application provided by the department;

2. For individuals applying for renewal with the category of armored car personnel, a fingerprint card;

3. The applicable, nonrefundable registration renewal fee; and

4. For individuals with firearms endorsements, evidence of completion of annual firearms retraining in accordance with this chapter.

D. Upon completion of the renewal registration application requirements, the department may issue a registration for a period not to exceed 24 months.

E. Any renewal application received by the department shall meet all renewal requirements prior to the expiration date of a registration or shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-60. Firearms endorsement.

A. A firearms endorsement is required for all private security services business personnel who carry or have access to a firearm while on duty. Each person who carries or has access to firearms while on duty shall qualify with each type of action and caliber of firearm to which he has access.

B. Each person applying for a firearms endorsement shall meet the minimum requirements for eligibility as follows:

1. Must be registered in a regulated category.

2. Must complete entry-level handgun training and, if applicable, shotgun and patrol rifle training as described in this chapter.

C. All armed private security services business personnel with the exception of personal protection specialist must satisfactorily complete applicable firearms retraining.

D. All armed personal protection specialists must satisfactorily complete advanced handgun retraining and firearms retraining for shotgun and patrol rifle if applicable.

E. Firearms endorsements are issued for a period not to exceed 12 months. Individuals must complete firearms retraining within the 90 days prior to the expiration of their current firearm endorsement or will be required to complete entry-level training requirements prior to applying for an active endorsement.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-70. Additional registration category application.

A. Individuals may apply for multiple registration categories during the initial application process by completing the applicable training requirements for each category.

B. Registrants seeking to add categories to a current registration must:

1. Successfully complete all initial training requirements for each additional registration category requested pursuant to the compulsory minimum training standards of this chapter;

2. Submit a properly completed application provided by the department; and

3. Submit the applicable, nonrefundable application fee.

C. Individuals may avoid paying a separate fee for additional registration categories when the categories are requested on the application for renewal.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-80. Replacement registration.

Registrants seeking a replacement state-issued registration card shall submit to the department:

1. A properly completed application provided by the department; and

2. The applicable, nonrefundable application fee.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-90. Reinstatement.

A. Any registration not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be registered with the department to provide private security services.

B. A renewal application must be received by the department within 60 days following the expiration date of the registration in order to be reinstated by the department providing all renewal requirements have been met. Prior to reinstatement the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid registration including during reinstatement period.

C. No registration shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

E. When a registration is reinstated, the applicant shall continue to have the same DCJS number and shall be assigned an expiration date two years from the previous expiration date of the registration.

F. An applicant who reinstates shall be regarded as having been continuously registered without interruption. Therefore, the applicant shall remain under the disciplinary authority of the department during this entire period and may be held accountable for his activities during this period.

G. A person who fails to reinstate his registration shall be regarded as unregistered from the expiration date of the registration forward.

H. Nothing in this chapter shall divest the department of its authority to discipline a person for a violation of the laws or regulations during the period of time for which the person was registered.

I. Firearms endorsements are not eligible for reinstatement. If renewal requirements are not met pursuant to this chapter, the applicant shall meet all initial application requirements, including applicable initial firearms training requirements.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-100. Renewal extension.

A. An extension of the time period to meet renewal requirements may be approved only under specific circumstances that do not allow private security personnel to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury;

3. Military or foreign service; or

4. Any emergency temporary assignment of private security personnel for purposes of natural disaster, homeland security, or documented threat by the private security services business or training school for which he is employed.

B. A request for extension shall:

1. Be submitted in writing, dated, and signed by the individual prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department based on an evaluation of the justification for waiver;

2. Indicate the projected date the person will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness, a copy of the government orders, or documentation of emergency temporary assignment.

C. Applications for additional extensions may be approved upon written request of the person.

D. The total time for renewal extension, including additional extensions, shall not exceed 12 months beyond the original expiration date. If renewal requirements are not met during the period of extension, the individual must complete all initial training requirements to include applicable entry-level training.

E. The private security services person shall be nonoperational during the period of extension unless (i) otherwise issued a temporary exemption and (ii) authorized by the department pursuant to § 9.1-139 of the Code of Virginia.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part V
Application Sanctions; Exemptions; Recognition and Reciprocity

6VAC20-174-110. Denial, probation, suspension, and revocation.

A. The department may deny a registration in which any person has been convicted in any jurisdiction of any felony or of a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The record of a conviction, authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted, shall be admissible as prima facie evidence of such conviction.

B. The department may deny registration in which any person (i) has not maintained good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field; (ii) has had his license, registration, or certification denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) has otherwise been disciplined in connection with a disciplinary action prior to applying for registration in Virginia.

C. Any false or misleading statement on any state application or supporting documentation is grounds for denial or revocation and may be subject to criminal prosecution.

D. The department may deny registration for other just cause.

E. A registrant shall be subject to disciplinary action for violations of or noncompliance with the Code of Virginia or this chapter. Disciplinary action shall be in accordance with procedures prescribed by the Administrative Process Act. The disciplinary action may include but is not limited to a letter of censure, fine, probation, suspension, or revocation.

F. If a registrant is subject to disciplinary action for violations of or noncompliance with the Code of Virginia or this chapter, the department will notify the last known licensed or certified private security services business or training school by which they were employed or affiliated.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-120. Exemptions; recognition and reciprocity.

A. The department may grant a temporary exemption from the requirements for registration for a period of not more than 30 days in a situation deemed an emergency by the department.

B. The department may recognize administrative and application requirements for registration based on agreements that have been entered into with other states and approved by the board.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part VI
Administrative Requirements and Standards of Conduct

6VAC20-174-130. General requirements.

All private security services registered personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-140. Administrative requirements.

A registrant shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Maintain at all times with the department his mailing address, email address, and phone number, if applicable. Written notification of any change in mailing address, email address, or phone number shall be in writing and received by the department no later than 10 days after the effective date of the change.

3. Inform the department, and the business for which the individual is employed if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

4. Inform the department, and the business for which the individual is employed if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

5. Inform the department, and the compliance agent of the licensee if employed by a private security services business, of any incident in which any registrant has discharged a firearm while on duty, excluding any training exercise. This report shall be made within 24 hours of the incident.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-150. Standards of conduct.

A registrant shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia or this chapter.

3. Not commit any act or omission that results in a private security license, registration, or certification being suspended, revoked, or not renewed or the licensee, registrant, or certificate holder otherwise being disciplined in any jurisdiction.

4. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

5. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

6. Not solicit or contract to provide any private security services without first having obtained a private security services business license with the department.

7. Maintain comprehensive general liability insurance in the minimum amount of $1 million in general aggregate liability insurance when the registrant:

a. Is self employed;

b. Is a personal protection specialist or private investigator; and

c. Has entered into a contract with a licensed private security business to work as an independent contractor.

8. Carry a valid registration card or valid temporary registration letter at all times while on duty. Individuals requiring registration as an unarmed security officer, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, or an electronic security technician may be employed for not more than 90 consecutive days in any category listed in this subdivision while completing the compulsory minimum training standards and may not be employed in excess of 120 days without having been issued a registration or an exception from the department and must carry a photo identification and authorization from their employer on a form provided by the department at all times while on duty.

9. Carry the private security state-issued registration card at all times while on duty once the authorization has been approved from the department, except those individuals operating outside the Commonwealth of Virginia who shall obtain the state-issued registration card prior to providing services when physically located in the Commonwealth.

10. Perform those duties authorized by his registration only while employed by a licensed private security services business and only for the clients of the licensee. This shall not be construed to prohibit an individual who is registered as an armed security officer from being employed by a nonlicensee as provided for in § 9.1-140 of the Code of Virginia.

11. Possess a valid firearms training endorsement if he carries or has access to firearms while on duty and then only those firearms by type of action and caliber to which he has been trained on and is qualified to carry. Carry or have access to a patrol rifle while on duty only with the expressed written authorization of the licensed private security services business employing the registrant.

12. Carry a firearm concealed while on duty only with the expressed written authorization of the licensed private security services business employing the registrant and only in compliance with Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia.

13. Transport, carry, and utilize firearms while on duty only in a manner that does not endanger the public health, safety, and welfare.

14. If authorized to make arrests, make arrests in full compliance with the law and using only the minimum force necessary to effect an arrest.

15. Engage in no conduct that shall mislead or misrepresent through word, deed, or appearance that a registrant is a law-enforcement officer or other government official.

16. Display one's registration or temporary registration along with a photo identification while on duty in response to the request of a law-enforcement officer, department personnel, or client. Individuals providing private security services as authorized pursuant to subdivision 8 of this section who have not received their registration must display a state-issued photo identification and authorization while on duty in response to the request of a law-enforcement officer, department personnel, or a client.

17. Not perform any unlawful or negligent act resulting in a loss, injury, or death to any person.

18. If a uniform is required, wear the uniform required by his employer. If wearing a uniform while employed as an armed security officer, unarmed security officer, alarm respondent, or armored car personnel, that uniform must:

a. Include at least one insignia clearly identifying the name of the licensed firm employing the individual and, except armored car personnel, a nameplate or tape bearing, at a minimum, the individual's last name attached on the outermost garment, except rainwear worn only to protect from inclement weather; and

b. Include no patch or other writing (i) containing the word "police" or any other word suggesting a law-enforcement officer; (ii) containing the word "officer" unless used in conjunction with the word "security"; or (iii) resembling any uniform patch or insignia of any duly constituted law-enforcement agency of this Commonwealth, its political subdivisions, or the federal government.

19. When providing central station monitoring services, attempt to verify the legitimacy of a burglar alarm activation by calling the site of the alarm. If unable to make contact, call one additional number provided by the alarm user who has the authority to cancel the dispatch. This shall not apply if the alarm user has provided written authorization requesting immediate dispatch or one-call dispatch to both his local police department and his dealer of record. This shall not apply to duress or hold-up alarms.

20. Act only in such a manner that does not endanger the public health, safety, and welfare.

21. Not represent as one's own a registration issued to another individual.

22. Not falsify, or aid and abet others in falsifying, training records for the purpose of obtaining a license, registration, certification, or certification as a compliance agent, training school, school director, or instructor.

23. Not provide information obtained by the registrant or his employing firm to any person other than the client who secured the services of the licensee without the client's prior written consent. Provision of information in response to official requests from law-enforcement agencies, the courts, or the department shall not constitute a violation of this chapter. Provision of information to law-enforcement agencies pertinent to criminal activity or to planned criminal activity shall not constitute a violation of this chapter.

24. Not engage in acts of unprofessional conduct in the practice of private security services.

25. Not engage in acts of negligent or incompetent private security services.

26. Not make any misrepresentation or make a false promise to a private security services business client or potential private security services business client.

27. Satisfy all judgments to include binding arbitrations related to private security services not provided.

28. Not provide false or misleading information to representatives of the department.

29. Not provide materially incorrect, misleading, incomplete, or untrue information on a registration application, renewal application, or any other document filed with the department.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015; amended, Virginia Register Volume 34, Issue 5, eff. December 1, 2017.

Part VII
Training Requirements and Exemptions

6VAC20-174-160. Entry-level training.

A. Each person employed by a private security services business or applying to the department for registration as an unarmed security officer, an armed security officer/courier, a personal protection specialist, armored car personnel, a security canine handler, an explosives detector canine handler, a narcotics detector canine handler, a private investigator, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, or an electronic security technician, or electronic security technician's assistant as defined by § 9.1-138 of the Code of Virginia must meet the compulsory minimum training standards herein established, unless provided for otherwise in accordance with this chapter.

B. Training will be credited only if application for registration is received by the department within 12 months of completion of training.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-170. In-service training.

Each person registered with the department as an armed security officer/courier, a personal protection specialist, armored car personnel, a security canine handler, a narcotics detector canine handler, an explosives detector canine handler, a private investigator, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, an unarmed security officer, or an electronic security technician's assistant shall complete the compulsory in-service training standard once during each 24-month period of registration.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-180. Training exemptions.

Persons who meet the statutory requirements as set forth in § 9.1-141 of the Code of Virginia may apply for a partial exemption from the compulsory training standards. Individuals requesting such partial exemption shall file an application furnished by the department and include the applicable, nonrefundable application fee. The department may issue such partial exemption on the basis of individual qualifications as supported by required documentation. Those applying for and receiving exemptions must comply with all regulations promulgated by the board. Each person receiving a partial exemption for entry-level training must apply to the department for registration within 12 months from the date of issuance, otherwise the partial exemption shall become null and void.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-190. Entry-level training exemption.

A. Persons previously employed as law-enforcement officers who have not terminated or been terminated from said employment more than five years prior to the application date must submit official documentation of the following with the application for exemption:

1. Completion of law-enforcement entry-level training; and

2. Five continuous years of law-enforcement employment provided such employment as a law-enforcement officer was not terminated due to misconduct or incompetence.

B. Persons having previous training or employment in any of the classifications defined in § 9.1-138 of the Code of Virginia must submit official documentation of the following with the application for exemption:

1. Completion of previous private security training that has been approved by the department and that meets or exceeds the compulsory minimum training standards promulgated by the board; or

2. Five years continuous employment in the category for which exemption is sought, provided such employment was not terminated due to misconduct or incompetence and such employment ended within five years of the date of application.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-200. In-service training exemption.

Persons who have completed training that meets or exceeds the compulsory minimum training standards promulgated by the board for the in-service training required for the individual's particular category may be authorized credit for such training, provided the training has been completed within 24 months of the expiration date of the registration period during which in-service training is required. Such training must be provided by a third party organization category. Official documentation of the following must accompany the application for in-service training credit:

1. Information regarding the sponsoring organization, including documentation regarding the instructor for each session;

2. An outline of the training session material, including the dates, times, and specific subject matter; and

3. Proof of attendance and successful completion.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part VIII
Compulsory Minimum Training Standards

6VAC20-174-210. Alarm respondent - compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Alarm respondent - 18 hours

01E: Security Officer Core Subjects - 18 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course, excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Security officer core subjects (01E) - 18 hours (excluding examination)

The entry-level curriculum for alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-220. Armed security officer/courier - compulsory minimum training requirements.

Armed security officer/courier - 50 hours (53 hours including shotgun training)

a. 01E: Security Officer Core Subjects - 18 hours

b. 05E: Armed Security Officer Arrest Authority - 8 hours

c. 075E: Security Officer Handgun - 24 hours

d. 08E: Entry-level Shotgun - 3 hours (if applicable - to also have access to a shotgun while on duty, the additional shotgun course is required)

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Security officer core subjects (01E) - 18 hours (excluding examination)

The entry-level curriculum for alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

2. Armed Security Officer Arrest Authority (05E) - 8 hours (excluding examination)

a. Arrest powers, policies, and procedures

b. Written comprehensive examination

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training (not including range retraining)

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-230. Armored car personnel - compulsory minimum training Requirements.

Armored car personnel - 28 hours (31 hours with shotgun)

a. 03E: Armored Car Procedures - 12 hours

b. 07E: Entry-level Handgun - 16 hours

c. 08E: Entry-level Shotgun - 3 hours (if applicable - to also have access to a shotgun while on duty, the additional shotgun course is required)

Armored Car Procedures (03E) - 12 hours (excluding examination)

a. Administration and armored car orientation

b. Signs of terrorism

c. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

d. Armored car procedures

e. Written comprehensive examination

(03I) Armored Car Personnel In-Service - 4 hours job-related training (not including range retraining)

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-240. Central station dispatcher - compulsory minimum training requirements.

Central station dispatcher - 8 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 38E: Central Station Dispatcher - 4 hours

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Central station dispatcher (38E) - 4 hours (excluding examination)

a. Central station dispatcher subjects

(1) Duties and responsibilities

(2) Communications skills

(3) Emergency procedures

b. Written comprehensive examination

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-250. Detector canine handler - compulsory minimum training requirements.

Detector Canine Handler - 160 hours (excluding certification examination)

a. 04ED: Detector Canine Handler - 160 hours

b. Certification exam by a certified detector canine handler examiner

Detector canine handler (04ED) - 160 hours to include practical exercises (excluding certification exam)

a. Introduction/orientation/administration

(1) Code of ethics

(2) General duties and responsibilities

(3) Legal

(4) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(5) Signs of terrorism

b. Working canines

(1) Historical perspective

(2) Terms and definitions

(3) Methodology and application

(4) Training documentation

(5) Search patterns

c. Basic canine handling (including practical exercises)

(1) Training

(2) Care and health

(3) Emergency medical care

d. Detector canine deployment

Canine behavior: reading and understanding

e. Explosive or narcotics familiarization (including practical exercises)

(1) Illegal narcotics familiarization

(2) Explosives substance and I.E.D. familiarization

(3) Safety

f. Written comprehensive exam

(04ID) Detector Canine Handler In-Service - 8 hours (excluding certification exam)

a. Detector canine team retraining and problem solving

b. Search techniques

c. Terrorist/criminal intelligence updates and team safety

d. Certification exam (conducted by a certified detector canine handler examiner)

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-260. Electronic security technician - compulsory minimum training requirements.

Electronic security technician - 14 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 35E: Electronic Security Technician - 10 hours

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Electronic security technician (35E) - 4 hours (excluding examination)

a. Electronic security technician subjects - 10 hours

(1) Duties and responsibilities

(2) Electronics

(3) Control panels

(4) Protection devices and application

(5) Test equipment

(6) Power and grounding

(7) National electrical code

(8) Job safety

b. Written comprehensive examination

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-270. Electronic security technician assistant - compulsory minimum training requirements.

Electronic security technician's assistant - 4 hours

30E: Electronic Security Core Subjects - 4 hours

Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-280. Electronic security sales representative - compulsory minimum training requirements.

Electronic security sales representative - 8 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 39E: Electronic Security Sales - 4 hours

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Electronic security sales representative (39E) - 4 hours (excluding examination)

a. Electronic security sales representative subjects

(1) Duties and responsibilities

(2) System design and components

(3) False alarm prevention

b. Written comprehensive examination

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-290. Locksmith - compulsory minimum training requirements.

Locksmith - 18 hours

25E: Locksmith - 18 hours

Locksmith (25E) –18 hours (excluding examination)

a. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

b. Signs of terrorism

c. Orientation to locksmithing

(1) History of locksmithing

(2) Ethics

(3) Trade resources

(4) Terminology

(5) Professional conduct

(6) Job safety

d. Public safety codes

(1) National Fire Protection Association Codes 80 and 101

(2) Overview of authorities having jurisdiction (AHJs)

(3) Americans with Disabilities Act of 1990, as amended

(4) Terminology

(5) Safety code resources

e. Technical applications

(1) Terminology (to include definition, purpose, and function)

(2) Locks/types

(3) Handing

(4) Master keying

(5) Key records and codes

(6) Key blanks and keyways

(7) Physical security

(8) Types of client sites

(9) Safes and vaults

(10) Access control

(11) Handling restricted keys

(12) Door system components

(13) Automotive

f. Written comprehensive examination

(25I) Locksmith In-Service - 4 hours job-related training

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-300. Personal protection specialist - compulsory minimum training requirements.

Personal protection specialist - 60 hours

a. 32E: Personal Protection Specialist - 60 hours

b. 07E: Entry-level Handgun - 16 hours (prerequisite for 09E Advanced Handgun)

c. 09E: Advanced Handgun - 14 hours (for armed personal protection specialists)

Personal protection specialist (32E) - 60 hours (excluding written examination and practical exercises)

a. Administration and personal protection orientation

b. Signs of terrorism

c. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

d. Assessment of threat and protectee vulnerability

e. Legal authority and civil law

f. Protective detail operations

g. Emergency procedures

(1) CPR

(2) Emergency first aid

(3) Defensive preparedness

h. Performance evaluation - five practical exercises

i. Written comprehensive examination

(32I) Personal Protection Specialist In-Service - 8 hours job-related training (not including range retraining for armed)

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-310. Private investigator - compulsory minimum training requirements.

Private investigator - 60 hours

02E: Private Investigator Subjects - 60 hours

Private investigator (02E) - 60 hours (excluding examination and practical exercises)

a. Orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Standards of professional conduct

(4) Ethics

(5) Signs of terrorism

b. Law - one practical exercise

(1) Basic law

(2) Legal procedures and due process

(3) Criminal and civil law

(4) Evidence

(5) Legal privacy requirements

c. General investigative skills - one practical exercise

(1) Tools and techniques

(2) Surveillance

(3) Research

(4) Interviewing

d. Documentation - one practical exercise

(1) Report preparations

(2) Photography

(3) Audio recording

(4) General communication

(5) Courtroom testimony

e. Types of investigations - one practical exercise

(1) Accident

(2) Insurance

(3) Background

(4) Domestic

(5) Undercover

(6) Fraud and financial

(7) Missing persons and property

(8) Criminal

f. Written comprehensive examination

(02I) Private Investigator In-Service - 8 hours job-related training

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-320. Security canine handler - compulsory minimum training requirements.

Security canine handler - 30 hours (excluding basic obedience training)

a. 01E: Security Officer Core Subjects - 18 hours (prerequisite for 04ES)

b. Prerequisite for 04ES - Basic Obedience Training

c. 04ES: Security Canine Handler - 12 hours

1. Security officer core subjects (01E) - 18 hours (excluding examination)

The entry level curriculum for unarmed security officer, armed security officer/courier, security canine handler, and alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

2. Security canine handler (04ES) - 12 hours (excluding examination and basic obedience training)

a. Prerequisites for security canine handler entry level (official documentation required): successful completion of basic obedience training

b. Demonstration of proficiency. The student must demonstrate his proficiency in the handling of a security canine to satisfy the minimum standards

c. Evaluation by a certified private security canine handler instructor and basic obedience retraining

d. Security canine handler orientation; legal authority

e. Canine patrol techniques

f. Written comprehensive examination

(04IS) Security Canine Handler In-Service - 8 hours

a. Basic obedience evaluation and retraining

b. Canine grooming, feeding, and health care

c. Apprehension techniques

d. Obedience

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-330. Unarmed security officer - compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations and practical exercises shall be:

Unarmed security officer - 18 hours

01E: Security Officer Core Subjects - 18 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course, excluding examinations and mandated practical exercises shall be as provided in this subsection.

Security officer core subjects (01E) - 18 hours (excluding examination)

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of Terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations and practical exercises shall be as follows:

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part IX
Firearms Training Requirements and Exemptions

6VAC20-174-340. General firearms training requirements.

A. Firearms training endorsement is required for all private security services business personnel who carry or have immediate access to a firearm while on duty. Each person who carries or has immediate access to a firearm while on duty shall qualify with each type of action and caliber of firearm to which he has access.

B. Each person registered as armored car personnel, security canine handler, detector canine handler, private investigator, alarm respondent, locksmith, central station dispatcher, electronic security sales representative, electronic security technician, or electronic security technician's assistant must complete entry-level handgun training in order to apply for a firearms training endorsement.

C. Each person applying for a registration as an armed security officer/courier must complete security officer handgun training in order to apply for a firearms training endorsement.

D. Each person registered as a personal protection specialist must complete entry-level or armed security officer handgun training and advanced handgun training in order to apply for a firearms training endorsement.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-350. Prior firearms training exemption.

Persons having previous department-approved firearms training may be authorized credit for such training that meets or exceeds the compulsory minimum training standards for private security services business personnel, provided such training has been completed within the 12 months preceding the date of application. Official documentation of the following must accompany the application for partial training credit:

1. Completion of department-approved firearms training; and

2. Qualification at a Virginia criminal justice agency, academy, or correctional department.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-360. Entry-level handgun training.

Handgun classroom training.

1. The entry-level handgun classroom training will include but not be limited to the following:

a. Practical handgun handling

(1) Identification of handgun parts

(2) Draw

(3) Reholstering

(4) Ready position

(5) Loading

(6) Administrative loading

(7) Tactical reloading

(8) Rapid reloading

(9) Unloading

(10) Malfunctions

(11) Immediate actions procedures

(12) Remedial action

(13) Proper care and maintenance

(14) Firearms retention

(15) Ammunition identification and management

(16) Range safety

b. Fundamentals of marksmanship

(1) Grip

(2) Stance (position)

(3) Sight alignment

(4) Sight picture

(5) Trigger control

(6) Breathing

(7) Follow through

c. Dim light/low light/reduced light practice and familiarization

(1) Identification of target/threat/background

(2) Unaided training

(3) Aided training

(4) Flashlight use

(5) Reloading during low light conditions

(6) Malfunctions

(7) Range safety

d. Use of force

(1) Deadly force

(2) Justifiable deadly force

e. Liability

(1) Criminal liability

(2) Civil liability

(3) Negligent discharge prevention

f. Judgmental shooting: judgmental shooting scenarios will be conducted in the classroom or range

g. Lead exposure

Total hours (excluding written examination) - 16 hours

2. Written examination required.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-370. Security officer handgun training.

Handgun classroom training.

1. The security officer handgun classroom training will include but not be limited to the following:

a. Practical handgun handling

(1) Identification of handgun parts

(2) Draw

(3) Reholstering

(4) Ready position

(5) Loading

(6) Administrative loading

(7) Tactical reloading

(8) Rapid reloading

(9) Unloading

(10) Malfunctions

(11) Immediate actions procedures

(12) Remedial action

(13) Proper care and maintenance

(14) Firearms retention

(15) Ammunition identification and management

(16) Range safety

(17) Tactical considerations

(18) Movement

(19) Cover and concealment

b. Fundamentals of marksmanship

(1) Grip

(2) Stance (position)

(3) Sight alignment

(4) Sight picture

(5) Trigger control

(6) Breathing

(7) Follow through

c. Dim light/low light/reduced light practice and familiarization

(1) Identification of target/threat/background

(2) Unaided training

(3) Aided training

(4) Flashlight use

(5) Reloading during low light conditions

(6) Malfunctions

(7) Range safety

(8) Tactical considerations

(9) Movement

(10) Cover and concealment

(11) Multiple target drills

d. Use of force

(1) Deadly force

(2) Justifiable deadly force

e. Liability

(1) Criminal liability

(2) Civil liability

(3) Negligent discharge prevention

f. Judgmental shooting: judgmental shooting scenarios will be conducted in the classroom or range

(1) Shoot/don't shoot judgment

(2) Turn and fire drills

(3) Failure to stop drills

(4) Multiple target drills

g. Lead exposure

Total hours (excluding written examination) - 24 hours

2. Written examination required.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-380. Entry-level and security officer handgun range qualification.

A. Range qualification (no minimum hours). The purpose of the range qualification course is to provide practical firearms training and qualification to individuals desiring to become armed private security services business personnel.

1. Prior to the date of range training, it will be the responsibility of the school director to ensure that all students are informed of the proper attire and equipment to be worn for the firing range portion of the training. Equipment needed: handgun, belt with directional draw holster (i.e., one that is worn on the same side of the body as the shooting hand), two speed loaders or three magazines, ammunition (100 rounds).

2. Each student will fire a minimum of 22 rounds of factory loaded ammunition for familiarization prior to qualification. (There is no course of fire and it is not scored; it is at the firearms instructor's discretion on how the round will be utilized.)

3. Course shall be fired double action or double/single action, except for single action semi-automatic handguns.

4. All qualifications shall be conducted using a B-27 silhouette target or the FBI "Q" target. Alternate targets may be utilized with prior approval by the department.

5. With prior approval of the department, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges.

6. For those utilizing semi-automatic firearms, it is not necessary to reload after every stage so long as there are at least three tactical reloads during the course of fire.

7. A certified firearms instructor must be present on the range directly controlling the firing line during all phases of firearms training. There shall be a minimum of one certified firearms instructor per five shooters on the line.

8. The range qualification of individuals shall be scored as follows:

a. B27 target: (use indicated K-value) 7, 8, 9, 10 X rings - value 5 points, other hits on silhouette - value 0 points: divide points scored by maximum possible score to obtain decimal and convert to percentage, (e.g., 225 ÷ 300 =.75 = 75%).

b. FBI Q target: all hits inside the bottle - value 5 points; hits outside the bottle - value 0 points.

9. Although not scored, each student is required to complete the low light range/night time practice as outlined in subsection C of this section and the familiarization course of fire.

B. Course: Virginia private security course of fire for handguns. The course of fire shall be conducted using, at a minimum, the requirements set forth in this subsection. Strong/weak hand refers to the primary hand used in firing the firearm. The opposite hand may be used for support. The course of fire shall be conducted in the following phases:

1. Phase 1: 3 yards, utilizing weaver, modified weaver, or isosceles stance, 18 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, draw and fire 2 rounds (3 seconds), repeat 2 times

c. Load 6 rounds and holster loaded firearm

d. On command, draw and fire 6 rounds with strong hand

e. Unload, reload 6 rounds and fire 6 rounds with weak hand (25 seconds)

2. Phase 2: 7 yards, utilizing weaver, modified weaver or isosceles stance, 24 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, draw and fire 1 round (2 seconds), repeat 5 times

c. Load 6 rounds and holster loaded firearm

d. On command, draw and fire 2 rounds (3 seconds), repeat 2 times

e. Load 6 rounds and holster loaded firearm

f. On command, draw and fire 6 rounds, reload 6 rounds, fire 6 rounds (30 seconds)

3. Phase 3: 15 yards, 70 seconds, 18 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, assume kneeling position, draw and fire 6 rounds with strong hand

c. Assume standing position, unload, reload and fire 6 rounds from weak-hand barricade position

d. Unload, reload and fire 6 rounds from strong-hand barricade position (kneeling position may be fired using barricade position) (70 seconds)

C. Low light course: Virginia private security low light familiarization course of fire for handguns. The course of fire shall be conducted using, at a minimum, the requirements set forth in this subsection. Equipment needed: belt with directional draw holster, handgun, two speed loaders or three magazines, range ammunition (18 rounds). Equipment provided by instructor: A range that can simulate low light or a pair of welders goggles for each student that simulates low light. Strong/weak hand refers to the primary hand used in firing the firearm. The opposite hand may be used for support. The course of fire shall be conducted in the following phases:

1. Phase 1: 3 yards, utilizing weaver or isosceles stance, 6 rounds:

a. Load 6 rounds and come to ready

b. On command, fire 2 rounds (3 seconds) repeat 2 times (30 seconds)

2. Phase 2: 7 yards, utilizing weaver or isosceles stance, 12 rounds:

a. Load 6 rounds and come to ready

b. On command, fire 2 rounds (5 seconds), repeat 2 times

c. Load 6 rounds and come to ready

d. On command, draw and fire 3 rounds (6 seconds), and repeat

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-390. Entry-level shotgun training and range qualification.

A. Shotgun classroom training. Individual must first successfully complete entry-level or security officer handgun training. The entry-level shotgun classroom instruction will emphasize but not be limited to:

1. Shotgun handling techniques

a. Identification of shotgun parts

b. Slings – traditional sling, single point sling, 3 point sling

c. Cruiser carry conditions

d. Cruiser safe

e. Chambering

f. Reloading

g. Transition from handgun to shotgun/shotgun to handgun (if applicable)

h. Malfunctions

(1) Immediate actions procedures

(2) Remedial action

i. Proper care and maintenance

j. Shotgun retention

k. Ammunition management and identification

l. Range safety

m. Dim light/low light

2. Fundamentals of shotgun marksmanship

a. Grip

b. Stance (position)

c. Sight alignment

d. Sight picture

e. Trigger control

f. Breathing

g. Follow through

3. Written examination

Total hours (excluding examination) - 3 hours

B. Range qualification (no minimum hours). The purpose of the range firing course is to provide practical shotgun training and qualification to those individuals who carry or have immediate access to a shotgun in the performance of their duties.

1. Familiarization: Prior to the qualification course, all shooters are required to fire a familiarization exercise consisting of 5 rounds using 12 gauge, double aught "00" buckshot or rifle slug ammunition and 6 rounds minimum of handgun rounds. The exercise shall include transition drills from handgun to shotgun and shotgun to handgun. This exercise is not scored and the distance is at the discretion of the instructor.

2. Fire 5 rounds of shotgun rounds (buckshot, rifled slugs, or both, if issued) on a daylight course using B27 single/multiple targets with 70% accuracy.

C. Course: Virginia private security course of fire for shotguns.

Distance	Position	No. Rounds	Target	Time
Combat load & fire 15 Yds.	Standing/Shoulder	3	B-27 Silhouette	20 sec.
Combat load & fire 25 Yds.	Kneeling/Shoulder	2	B-27 Silhouette	15 sec.

D. A certified firearms instructor must be present on the range directly controlling the firing line during all phases of firearms range training. There shall be a minimum of one certified firearms instructor per five shooters on the line.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-400. Advanced handgun training and range qualification.

A. The entry level handgun training is a prerequisite for taking the advanced handgun training.

B. Advanced handgun classroom training.

1. The advanced handgun training will include but not be limited to:

a. Firearms safety;

b. Civil and criminal liability;

c. Concealed carry law and authority;

d. Function of firearms in close protection operations;

e. Deployment of firearms in close protection operations;

f. Use of force;

g. Principles of advanced marksmanship; and

h. Decision-making for the personal protection specialist.

Total hours (excluding written examination) - 14 hours

2. Written examination required.

C. Range qualification (no minimum hours). The purpose of this course of fire is to assess and improve the tactical, protection-related shooting skills for personal protection specialist candidates seeking certification to be armed. This course entails five increasingly challenging stages of advanced firearms exercises with a 92% score required for qualification.

1. The advanced handgun course of fire is comprised of the following exercises:

a. Shoot/don't shoot judgment;

b. Turn and fire drills;

c. Failure to stop drills;

d. Multiple target drills; and

e. Judgmental shooting.

2. For all range practicals (Stage 2 through stage 4):

a. The student will fire at a man-size silhouette target with the following requirements:

(1) 4-inch diameter circle in head;

(2) 8-inch diameter circle in chest/body area; and

(3) Center points of circles - 13-1/2 inches apart.

b. All rounds fired must hit within these circles.

c. Minimum 92% qualification score = 25 rounds total requiring 23 hits. With regard to scoring:

(1) 25 points (1 round is good for 1 point).

(2) 92% of shots must be "in circle" hits for a passing grade (2 misses allowed on total course).

(3) Shots not taken during stage 5 when a "no-shoot" situation is presented scores a point, just as an accurate shot in a hostile situation.

(4) 92% is 23 of 25 possible points.

3. A certified advanced handgun firearms instructor must be on the range during all phases of advanced handgun training. There shall be no less than one certified firearms instructor per four students.

D. Course: Virginia private security advanced handgun course of fire.

1. Stage 1: Shoot/don't shoot drill. Stage 1 of the advanced handgun course of fire is conducted in a classroom using a 16 mm film or video cassette tape, or other audiovisual electronics, of firearms combat scenarios or in practical exercises on the range to assess the student's decision-making capability given job-related shoot/don't shoot incidents.

After the interaction of the scenario, the students must explain all of their commands and actions.

Dry-fire response from a weapon rendered safe should be incorporated into the scenario interaction.

2. Stage 2: Turn-and-fire drill. Stage 2 of the advanced handgun course of fire is held at a firing range and consists of turn-and-fire drills from varying distances (straight draw hip holsters only).

All handguns are loaded with 6 rounds of ammunition and safely holstered. Shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the target. Upon the command "fire," the students must quickly turn while acquiring a firm grip on the weapon. Once facing the target and in a stable position, they must safely draw and fire 2 rounds at the designated target circle. After shooting, while facing the target, the student must reholster safely, then turn around to face up range, ready to continue the exercise. The "fire" commands will be called at 3-5 yards, 5-7 yards, and then 8-10 yards.

3. Stage 3: Failure to stop drill. Stage 3 of the advanced handgun course of fire is held at a firing range and consists of failure to stop drills fired from the 7-yard line (straight draw hip holsters only).

All handguns are loaded with 6 rounds of ammunition and are safely holstered. Shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the target. Upon the command "fire," given at approximately the 7-yard line, each shooter must safely turn around while acquiring a firm grip on their weapon as performed in the previous drill. Once facing the target, the students will draw and fire 2 rounds at the 8-inch body circle, and then one immediate round to the 4-inch head circle. The student will then safely reholster. The drill will be repeated three times.

4. Stage 4: Multiple target identification drill. Stage 4 of the advanced handgun course of fire is held at a firing range and consists of multiple target identification drills fired from varying distances (straight draw hip holsters only).

Each shooter will line up on a set of three targets. Only two shooters at one time can complete this exercise on a standard 10-12 station range. However, smaller ranges may allow for only one shooter at a time.

Each handgun is loaded with six rounds of ammunition and safely holstered. The shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the targets. Upon the command "left," "right," or "center," the student must again turn around safely while establishing a firm grip on the weapon. Then, once stable, the student must quickly draw and fire 2 rounds at the designated circle on the "called" target ("L," "R," "C"). Then, the shooter, while still facing the targets, must safely reholster, turn around to face up range, and continue the exercise. Each two-round pair must be fired within 4 seconds of the called command. Direction commands will be called at 3-5 yards, 5-7 yards, and then 8-10 yards.

5. Stage 5: Judgmental shooting. This drill combines the skills developed in the prior four stages. The shooter will be required to safely turn and fire at a "photograph" type target which may be either friendly or hostile. It requires hostile targets to be stopped using deadly force. Necessity (immediate jeopardy) is presumed for this exercise. This stage allows the instructor to evaluate the decision-making capability of the student as well as his shooting accuracy and safety.

Shooter is placed on the 10-yard line facing the instructor with the target to his rear. The target will be placed at any location along the range target line and should not be seen by the student until he is given the "turn" command during the drill. Each shooter has the opportunity to complete this drill four times. Each decision is worth one point. If he shoots at a hostile target, a hit anywhere on that target will score the point. If a friendly target is presented, it is clearly a no-shoot situation and the student should merely holster safely to score the point. There is a 4-second time limit at this stage for any "shoot" situation.

The instructor will allow each shooter two opportunities to complete this drill and place two targets downrange for each. Four points or hits are still necessary at this stage for the total score. If two targets are used, then the time limit is raised to 6 seconds, regardless of whether two hostile targets are used or one hostile with one friendly.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-410. Entry-level patrol rifle training and range qualification.

A. Patrol rifle classroom training. Individual must first successfully complete security officer handgun training. The entry-level patrol rifle classroom instruction will emphasize but not be limited to:

1. Rifle handling techniques

a. Nomenclature and identification of rifle parts

b. Field striping and reassembling

c. Loading and unloading

d. Chambering

e. Reloading

f. Slings

(1) Traditional sling

(2) Single point sling

(3) 3-point sling

g. Transition from handgun to rifle and rifle to handgun

h. Malfunctions

i. Immediate actions procedures

j. Remedial action

k. Proper care and maintenance

l. Rifle retention

m. Ammunition management and identification

n. Range safety

o. Dim light/low light

2. Fundamentals of rifle marksmanship

a. Grip

b. Stance (position)

c. Sight alignment

d. Sight picture

e. Trigger control

f. Breathing

g. Follow through

3. Zeroing iron sights

a. Establishing mechanical zero

b. Zeroing process

4. Dim light shooting

a. Hours of darkness/dim light

b. Identification requirements

c. Unaided reduced light shooting techniques

d. Aided reduced light shooting techniques

5. Shooting positions

a. Fundamentals of shooting positions

b. Basic patrol positions

6. Use of force

7. Criminal and civil liability

8. Written comprehensive examination

Total hours (excluding examination) - 16 hours

B. Range qualification (no minimum hours). The purpose of the range firing course is to provide practical patrol rifle training and qualification to those individuals who carry or have immediate access to a patrol rifle in the performance of their duties with the sighting system that will be carried on duty.

C. Patrol rifle qualification course.

1. All rifle qualification will be done with a law-enforcement type and caliber rifle. A total of 60 rounds of ammunition will be fired for rifle qualification.

2. All rifle qualification firing will be done with iron sights. In addition, if an officer is using an optic while on duty, they must qualify with that optic.

3. All indoor rifle qualification firing will be done at a range that accommodates a distance of 25 yards between the shooter and the target. No variances of this distance are allowed. The indoor target system will contain two targets per shooter mounted side by side. The targets will be FBI Q-R, half-sized silhouette targets. Use of this target type will simulate shooting at 50 yards.

4. All outdoor rifle qualification firing will be done at 50 yards using the FBI Q silhouette full-sized targets. Two of these targets will be mounted side by side for each shooter.

5. FBI Q silhouette targets are used for rifle qualification, scoring will be all hits inside the bottle – value 5 points; outside the bottle – value 0 points. With these targets a maximum score of 300 points is possible. Minimum qualification is 85% or 255 points.

D. Patrol rifle course of fire.

1. Prior to qualification, all shooters are required to fire a minimum of 30 familiarization rounds which will include transition drills from handgun to rifle and rifle to handgun. Shooters will fire a minimum of 10 rounds with a handgun. This exercise is not scored and the distance is at the discretion of the instructor.

2. Stage 1: 50 yards/25 yards (indoors) – Shooters will load their rifle with a magazine of 20 rounds and place the selector on safe. From the standing position with the rifle in the sling carry position, on command the shooters will fire 5 rounds from the standing position, place the selector on safe, assume a kneeling position and fire 5 rounds, place the selector on safe; shooter will assume the prone position, the shooter will fire 10 rounds. All 20 rounds of this stage will be fired at the left hand target. (1 minute) When firing is complete shooters will place the selector on safe and await further command.

3. Stage 2: 25 yards – Shooters will load their rifle with a magazine of 15 rounds and place the selector on safe. From the standing position with the rifle in the sling carry position, on command the shooters will fire 5 rounds from the standing position, place the selector on safe, assume a kneeling position and fire 5 rounds, place the selector on safe; shooter will assume the prone position, the shooter will fire 5 rounds. All 15 rounds of this stage will be fired at the right hand target. (45 seconds) When firing is complete shooters will place the selector on safe and await further command.

4. Stage 3: 15 yards - On command shooters will assume the standing position and load rifle with a magazine of 10 rounds. On command shooters will fire 5 rounds at the right-hand target, place the selector on safe, assume the kneeling position and fire 5 rounds at the left-hand target in 15 seconds.

5. Stage 4: 7 yards - On command shooters will load rifle with a magazine of 20 rounds, selector in the safe position, and then place the rifle in the sling carry position. On command shooters will fire 2 rounds into the right target with a 2 second time limit. Upon completion of firing, shooters will place the selector on safe and the rifle in the sling carry position. This exercise will be fired 5 times with a total of 10 rounds expended.

6. Stage 5: 5 yards - On command shooters will load rifle with a magazine of 5 rounds, selector in the safe position, and then place the rifle in the sling carry position. On command shooters will fire 1 round into the left target head with a 2 second time limit. Upon completion of firing, shooters will place the selector on safe and the rifle in the sling carry position. This exercise will be fired 5 times with a total of 5 rounds expended.

E. Low light/dim light qualification course of fire.

7 yards - Under low-light conditions, on command shooters will fire 5 rounds at the left target, place the selector in the safe position, assume the kneeling position and fire 5 rounds at the right target. A time limit of 1 minute is allowed for this stage.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-420. Firearms retraining.

A. All armed private security services business personnel with the exception of personal protection specialists must satisfactorily complete four hours of firearms classroom training or practical exercises and range training, and requalify for handgun as prescribed in this chapter.

B. Requalification training with the shotgun shall be comprised of three hours of classroom training or practical exercises and range training and requalification firing as specified in this chapter.

C. Requalification training with the patrol rifle shall be comprised of four hours of firearms classroom training or practical exercises and range training and requalification firing as specified in this chapter.

D. All applicable firearms retraining must be completed and documented with the department on an annual basis prior to the issuance of a firearms endorsement.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-430. Advanced handgun retraining.

All armed private security services business personnel registered in the category of personal protection specialist or other armed category seeking advanced handgun designation must satisfactorily complete advanced handgun retraining, which includes eight hours of firearms classroom training and range training, and requalify for handgun as prescribed in this chapter as follows:

1. Legal authority and decision-making

2. Handgun safety, marksmanship, and skill development

3. Completion of advanced handgun course of fire

Total hours (excluding range qualification) - 8 hours

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part X
Complaints; Department Actions; Adjudication

6VAC20-174-440. Complaint submittal requirements.

A. In accordance with § 9.1-141 of the Code of Virginia, this chapter establishes standards designed to secure the public safety and welfare against incompetent or unqualified persons engaging in private security services. It shall be the responsibility of the licensee, its compliance agents, and its employees to provide private security services in a professional and ethical manner utilizing sound business practices.

B. Any aggrieved or interested person may file a complaint against any person, whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing private security services or this chapter.

C. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, and providing sufficient detailed information for the department to conduct an investigation; or

3. By telephone, providing the complaint alleges activities that constitute a life-threatening situation or have resulted in personal injury or loss to the public or to a consumer or may result in imminent harm or personal injury and that provide sufficient detailed information for the department to conduct an investigation.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-450. Department investigation.

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this chapter.

B. Documentation.

1. Persons regulated or required to be regulated by this chapter pursuant to the Code of Virginia are required to provide department investigators with any and all records required to be maintained by this chapter.

a. This shall not be construed to authorize the department to demand records protected under applicable federal and state laws. If such records are necessary to complete an investigation, the department may seek a subpoena to satisfy the request.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this chapter.

2. The department shall endeavor to keep any documentation, evidence, or information on an investigation confidential until such time as adjudication has been completed, at which time information may be released upon request pursuant to applicable federal and state laws or regulations.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-460. Disciplinary action; sanctions; publication of records..

A. Each person subject to jurisdiction of this chapter who violates any statute or regulation pertaining to private security services shall be subject to sanctions imposed by the department regardless of criminal prosecution.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation or in noncompliance of the Code of Virginia or of this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of registration or approval granted, for any period of time;

4. Revocation;

5. Refusal to issue, renew, or reinstate a registration or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted;

7. Remedial training; or

8. Conditional agreements.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this chapter but do not hold a valid registration. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director may summarily suspend a registration under this chapter without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations of the registrant would constitute a life-threatening situation, has resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm, personal injury, or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all persons and registrants whose conduct and activities are subject to this chapter and have been sanctioned or denied registration or approval.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-470. Fines; administrative and investigative costs.

A. The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation, or denial of any registration. Such costs shall be in addition to any monetary penalty that may be imposed.

B. All monetary penalties imposed as a sanction shall be deposited into the state treasury to the credit of the State Literary Fund.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-480. Hearing process.

Following a preliminary investigative process, the department may initiate action to resolve the complaint through an informal fact-finding conference or formal hearing as established in this chapter. Pursuant to the authority conferred in § 9.1-141 C 6 of the Code of Virginia and in accordance with the procedures set forth by the Administrative Process Act and the procedures prescribed in this part, the department is empowered to receive, review, investigate, and adjudicate complaints concerning the conduct of any person whose activities are regulated by the board. The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-490. Informal fact-finding conference.

The purpose of an informal fact-finding conference is to resolve allegations through informal consultation and negotiation. Informal fact-finding conferences shall be conducted in accordance with § 2.2-4019 of the Code of Virginia. The respondent, the person against whom the complaint is filed, may appeal the decision of an informal fact-finding conference and request a formal hearing, provided that written notification is given to the department within 30 days of the date the informal fact-finding decision notice was served, or the date it was mailed to the respondent, whichever occurred first. In the event the informal fact-finding decision was served by mail, three days shall be added to that period.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-500. Formal hearing.

A. Formal hearing proceedings may be initiated in any case in which the basic laws provide expressly for a case decision, or in any case to the extent the informal fact-finding conference has not been conducted or an appeal thereto has been timely received. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia. The findings and decision of the director resulting from a formal hearing may be appealed to the board.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine or to suspend, revoke, or deny issuance or renewal of any registration or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such registration or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-510. Appeals.

The findings and the decision of the director may be appealed to the board provided that written notification is given to the attention of the Director, Department of Criminal Justice Services, within 30 days following the date notification of the hearing decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court)

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-520. Court review; appeal of final agency order.

A. The agency's final administrative decision (final agency order) may be appealed. Any person affected by and claiming the unlawfulness of the agency's final case decision shall have the right to direct review thereof by an appropriate and timely court action. Such appeal actions shall be initiated in the circuit court of jurisdiction in which the party applying for review resides; however, if such party is not a resident of Virginia, the venue shall be in the city of Richmond, Virginia.

B. Notification shall be given to the attention of the Director, Department of Criminal Justice Services, in writing within 30 days of the date notification of the board decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court)

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect, unless the court issues a stay of the order.

Statutory Authority

§ 9.1-141 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Forms (6VAC20-174)

Registration

Private Security Services - Duplicate/Replacement Registration Application (eff. 10/2012)

Private Security Services - Initial Registration Application (eff. 3/2013)

Private Security Services - Renewal Registration Application (eff. 3/2013)

Private Security Services - Additional Registration Category Application (eff. 10/2012)

Private Security Services - Firearms Endorsement Application (eff. 10/2012)

Fingerprint Processing

DCJS Fingerprint Cards Order Form (undated)

Fingerprint Processing Application (eff. 10/2012)

Criminal History Supplemental Form (eff. 10/2012)

Fingerprint Application Instructions (eff. 10/2012)

Acceptable Documents for Verifying Legal Presence/Name Change (eff. 10/2012)

Miscellaneous

Locksmith - Training Waiver (eff. 10/2012)

Complaint Form (eff. 10/2012)

Firearms Discharge Report (eff. 10/2012)

Training Exemption Application - Entry Level (eff. 10/2012)

Training Exemption Application - In-Service (eff. 10/2012)

Request for Extension Form (eff. 10/2012)

Individual Address Change Form (eff. 10/2012)

Credit Card Authorization Form (eff. 10/2012)

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.