Part V. Compliance Agent Application Procedures; Administrative Requirements; Standards of Conduct
6VAC20-172-90. Compliance agent certification requirements.
A. Each person applying for certification as compliance agent shall meet the following minimum requirements for eligibility:
1. Be a minimum of 18 years of age; and
2. Be a United States citizen or legal resident alien of the United States.
B. Each person applying for certification as compliance agent shall file with the department:
1. A properly completed application provided by the department;
2. Fingerprint card pursuant to this chapter; and
3. The applicable, nonrefundable application fee.
C. The department may issue a certification for a period not to exceed 24 months when the following are received by the department:
1. A properly completed application provided by the department;
2. The applicable, nonrefundable certification fee;
3. Verification of eligibility pursuant to § 9.1-139 A of the Code of Virginia; and
4. Verification of satisfactory completion of department regulatory compliance entry-level training requirements pursuant to this chapter.
D. Each compliance agent 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; amended, Virginia Register Volume 35, Issue 5, eff. November 28, 2018.
6VAC20-172-100. Compliance agent certification renewal requirements.
A. Applications for certification renewal 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 certified compliance agent. However, if a renewal notification is not received by the compliance agent, it is the responsibility of the compliance agent to ensure renewal requirements are filed with the department. Certification 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 compliance agent certification renewal shall meet the minimum requirements for eligibility as follows:
1. Successfully apply on an application provided by the department and complete the in-service regulatory compliance agent classroom training session provided by the department, or successfully complete an approved online in-service training session pursuant to this chapter. Training must be completed within the 12 months immediately preceding the expiration date of the current certification; and
2. Be in good standing in every jurisdiction where licensed, registered, or certified in private security services or a related field. 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 certification for a period not to exceed 24 months.
D. The department may renew a certification when the following are received by the department:
1. A properly completed renewal application provided by the department;
2. The applicable, nonrefundable certification renewal fee; and
3. Verification of satisfactory completion of department regulatory compliance agent in-service training.
E. Any renewal application received after the expiration date of a certification 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.
6VAC20-172-110. Compliance agent regulatory compliance training requirements.
A. Each eligible person applying to attend a regulatory compliance entry-level or in-service training session provided by the department shall file with the department:
1. A properly completed application provided by the department; and
2. The applicable, nonrefundable application fee.
Upon receipt of the training enrollment application the department will assign the applicant to a training session provided by the department. Applicants for initial certification as a compliance agent must achieve a minimum passing score of 80% on the entry-level regulatory compliance training examination.
B. Department entry-level regulatory compliance training must be completed within 12 months of approval of application for an initial compliance agent certification.
C. Each person certified by the department to act as a compliance agent shall complete the department in-service regulatory compliance training within the last 12-month period of certification.
Statutory Authority
§ 9.1-141 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.
6VAC20-172-120. Compliance agent administrative requirements and standards of conduct.
Private security services certified compliance agents are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter. A compliance agent 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 and email address if applicable. Written notification of any change of address shall be received by the department no later than 10 days after the effective date of the change.
3. 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, 6VAC20-173, 6VAC20-174, or this chapter.
4. Not commit any act or omission that results in a private security license or registration being suspended, revoked, or not renewed, or the licensee or registrant otherwise being disciplined in any jurisdiction.
5. 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.
6. Inform the department, and the licensee for which the individual is designated as compliance agent 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.
7. Inform the department, and the licensee for which the individual is designated as compliance agent 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.
8. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.
9. Be designated with the department as compliance agent for a licensee and shall:
a. Ensure that the licensee and all employees regulated or required to be regulated by the board conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia, 6VAC20-174, and this chapter;
b. Maintain documentation for all employees or persons otherwise utilized that verifies compliance with requirements pursuant to the Code of Virginia, 6VAC20-174, and this chapter;
c. Notify the department in writing within 10 calendar days following termination of his employment as compliance agent for the licensee;
d. Ensure that all employees regulated by the board carry a department-issued registration card or temporary registration letter along with a photo identification while on duty; and
e. Ensure that all regulated employees authorized to provide private security services while completing compulsory minimum training standards pursuant to § 9.1-139 H of the Code of Virginia carry a photo identification along with an authorization form provided by the department while on duty.
10. Not engage in acts of unprofessional conduct in the practice of private security services.
11. Not engage in acts of negligent or incompetent private security services.
12. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.
13. Satisfy all judgments to include binding arbitrations related to private security services not provided.
14. Not publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading.
15. Not conduct private security business under a fictitious or assumed name unless the name is on file with the Department of Criminal Justice Services. This does not apply to a private investigator conducting a "pretext," provided that the private investigator does not state that he is representing a private security business that does not exist or otherwise prohibited under federal laws.
16. Not violate any state or local ordinances related to private security services.
17. Not provide false or misleading information to representatives of the department.
18. Not use access to the department's database information for any other purpose than verifying employee's application status.
19. Not allow another to use access granted to the department's database for any purpose.
20. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or 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.