Ohio Administrative Code 4501:7-1 Flashcards
1
Q
Department
A
Ohio department of public safety
2
Q
Director
A
The director of the Ohio department of public safety or designee
3
Q
Military
A
Any of the armed forces of the United States, a reserve component of the armed forces of the United States, the Ohio national guard or the national guard of any other state, the Ohio military reserve, and the Ohio naval militia
4
Q
Identification card” or “I.D. card
A
A card issued by the department to an employee of, or a qualifying agent of, a class A, class B, or class C licensee which contains the personal and employer information
5
Q
Investigator
A
Has the same meaning as “private investigator”
6
Q
Licensee
A
Refers to a person or entity that provide private investigative services, security services, or both
7
Q
Provider
A
Any person who engages in the business of private investigation, the business of security services, or both, and has the same meaning as “licensee.”
8
Q
Qualifying Agent
A
The owner, officer or a hired person of the company that fulfills the experience requirements
9
Q
Veteran
A
Anyone who is serving or has served under honorable conditions, in any component of the armed forces, including the national guard and reserve
10
Q
Waiver
A
Form PSU 0060
11
Q
Reputation for integrity department of public safety may consider
A
If the applicant has been convicted of, or plead guilty to, a misdemeanor within one year of the date of application
12
Q
Reputation for integrity department of public safety may consider
A
If the applicant has been convicted of, or plead guilty to, a felony within three years of the date of application
13
Q
Reputation for integrity department of public safety may consider
A
Reputation for integrity department of public safety may consider
14
Q
Reputation for integrity department of public safety may consider
A
If the applicant has ever operated a business of private investigation, business of security services or both without general liability insurance coverage
15
Q
Reputation for integrity department of public safety may consider
A
If the applicant for licensure has defaulted on a settlement agreement, adjudication order, or cease and desist order with the department
16
Q
Requirement of new license
A
A change in the class of a license or Failure to renew a current license by the licensee by the first day of March each year
17
Q
License applications
A
Each applicant for a class A, class B, or class C license shall submit a “Provider Application” to the director of the department of public safety (department) accompanied by the license fee
18
Q
License applications
A
A “Branch Office Application” shall be submitted for each additional business location accompanied by the branch license fee
19
Q
License applications
A
Each “Provider Application” must be accompanied by a “Qualifying Agent Application” and the qualifying agent (QA) examination fee. A passport style photograph taken within one year of submission, and bearing a reasonable likeness to the applicant must be submitted with the “Qualifying Agent Application
20
Q
Insurance
A
All applicants for licensure shall submit evidence of comprehensive general liability insurance coverage, or equivalent guarantee approved by the director. Coverage shall be verified by the insurer and certified as to not less than one hundred thousand dollars for each person and three hundred thousand dollars for each occurrence for bodily injury liability, and one hundred thousand dollars for property damage liability
21
Q
Insurance
A
Must list the “Department of Public Safety Private Investigator Security Guard Services” (department) as the certificate holder, and contain a provision requiring the insurer to notify the department no later than ten days prior to the policy’s cancellation and not later than seven days after its lapse.
22
Q
Insurance
A
All license holders must maintain the comprehensive general liability insurance coverage verified by the insurer and certified as to the minimum coverage thereunder
23
Q
Required experience
A
An applicant for a class B license shall have at least four thousand working hours of experience in investigatory work, an applicant for a class C license shall have at least four thousand working hours of experience in security services work, and an applicant for a class A license shall have at least four thousand working hours of experience consisting of at least one thousand working hours of experience in investigatory work and at least one thousand working hours of experience in security services work, and the remaining hours of working experience in either investigatory or security service work, or both. An applicant must have completed the hours required in this paragraph in the twenty-four month period immediately preceding the date an application for licensure is received by the department of public safety
24
Q
Required experience
A
Equivalent experience such as, but not limited to, specialized education in criminal justice or law enforcement, or honorable service in the military police or similar military security position in any of the branches of the armed forces of the United States, or significant experience as a law enforcement officer obtained within the last ten years prior to the date of application, may be deemed by the director of public safety to be sufficient to satisfy the experience requirement
25
Required experience
If specialized education is submitted as equivalent experience, an applicant for a class A license shall also have at least one thousand working hours of experience in investigatory work and at least one thousand working hours in security services work, an applicant for a class B license shall have at least two thousand working hours of experience in investigatory work, and an applicant for a class C license shall have at least two thousand working hours of experience in security services work
26
Required experience
Equivalent experience such as, but not limited to, management in the business of private investigation, management in the business of security services, or both, may be deemed by the director of public safety to be sufficient to satisfy the experience requirement
27
Examinations
The qualifying agent will be notified by e-mail of available exam dates once licensing requirements are met. All exams are held at 1970 west Broad street, Columbus, OH 43223
28
License
The license required to be obtained by each licensee shall at all times be posted in a conspicuous place in the principal place of business of the licensee
29
License
On the second day of January of each year, the department will notify the licensee by e-mail that the license will expire on March first, and must be renewed after January second and by midnight of March first if the company wants to remain in business
30
License
Each class A, class B, or class C licensee shall submit a "Provider and Qualifying Agent License Renewal" accompained by the renewal fee or may renew on-line at http://pisgs.ohio.gov/pisgs.stm
31
License
The fee may be paid by certified check or money order payable to Ohio treasurer of state, or if submitted on-line, may be paid electronically. A passport style photograph , taken within one year of submission, and bearing a reasonable likeness to the qualifying agent (QA) must be submitted with the "Provider and Qualifying Agent Renewal." The QA must continue to meet the qualifications
32
The holder of an expired license, who was a member of the uniformed services, or the spouse of a member of the uniformed services, shall be granted a renewal of the license at the usual cost and without penalty if either of the following applies
The holder was in active service in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state or the holder's spouse was in active service in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state, and the service resulted in the holders absence from this state.
33
License
A renewal shall not be granted unless the holder or the spouse of the holder, whichever is applicable, has presented satisfactory evidence of the service member's discharge under honorable conditions or release under honorable conditions from active duty or national guard duty within six months after the release or discharge.
34
Registration of employees
Each licensee shall register their investigator and security guard employees with the department of public safety
35
Registration of employees
Each licensee shall submit an "Employee Registration Application" to register a new investigator or security guard employee with the department accompanied by the registration fee
36
Registration of employees
The licensee must submit verification of the employee's name, date of birth, registrant's e-mail address and social security number
37
Registration of employees
The fingerprint impressions shall not have been obtained more than one year prior to the filing of the employee's application for registration, as outlined on "WebCheck Instructions.
38
Registration of employees
"Employee Registration Application" shall include a question that easily identifies the employee as a veteran or as the spouse of a veteran. Applicants currently serving in the military must provide a copy of their military identification card or that of their spouse, or a veteran must provide a copy of their DD214 or that of their spouse along with the application, which will allow the department to verify the identification of the applicant as a veteran or spouse of a veteran. Once military service is verified on their application, and all other requirements are met, applicants for registration who are currently serving in the military, veterans, or their spouses, will be segregated and processed ahead of non-military affiliated applications.
39
Registration of employees
Within ten calendar days after the termination or expiration of a registered investigator or security guard's employment, the licensee shall submit to the department an "Employee Termination Report" with the employee's identification card for cancellation
40
Issuance of I.D. card to registrant
It shall be the duty of every licensee to furnish each of their investigator and security guard employees with an identification card furnished by the department of public safety (department), and maintain a record thereof.
41
Issuance of I.D. card to registrant
The licensee shall inform all of their investigator and security guard employees on the first day of employment of all the registration and firearms training provisions of Chapter 4749. of the Revised Code as that chapter applies to such employees and shall ensure that all such employees are properly registered
42
Issuance of I.D. card to registrant
Each licensee that uses investigator or security guard employees who have not yet received the identification cards issued by the department, shall obtain a written waiver from each client. Under no circumstances shall an employee carry firearms while engaged in the licensee's business unless the licensee has received a firearm bearer notation on the employee's identification card.
43
Issuance of I.D. card to registrant
Each employee shall produce their identification card upon the request of an authorized representative of the department or any law enforcement authority
44
Issuance of I.D. card to registrant
All identification cards shall be considered, and remain, the property of the department. The licensee shall be responsible for the use of the identification card by their employee, and shall return the card to the department upon the termination of the employee.
45
Records
Each licensee shall keep a true and correct record in the English language of all of the business transactions for the current calendar year plus the two previous calendar years in the licensee's office relevant to enforcement of Chapter 4749. of the Revised Code.
46
Records
Records that shall be available for inspection and provided to the department of public safety upon request
47
Records
Hire dates for all security guards and private investigators
48
Records
A record of dates when each security guard or private investigator worked while armed.
49
Records
Termination dates of each security guard or private investigator no longer working for the licensee.
50
Records
Proof of current commission for any unregistered peace officers.
51
Records
Waivers for any security guards or private investigators working while pending application approval.
52
Records
Payroll records indicating the dates and hours worked by each security guard and private investigator per pay period.
53
Records
A record of any independent contractors providing security or private investigatory services
54
Records
Payment records to independent contractors and invoices submitted by independent contractors.
55
Uniforms, vehicles, and publications
No uniform, vehicle or publication used by a licensee shall be marked with any words or phrases that can be construed as a law enforcement or governmental agency.
56
Uniforms
Employees of one licensee shall not wear the uniform of another licensee unless a contract or subcontract relationship exists between the two licensees.
57
Uniforms-When under the employ of a licensee, a commissioned peace officer may wear the following attire
The standard uniform adopted by the licensee
58
Uniforms-When under the employ of a licensee, a commissioned peace officer may wear the following attire
When working in the jurisdiction where commissioned as a peace officer, the uniform of that jurisdiction with the written consent of the chief law enforcement officer of the jurisdiction where the individual is commissioned
59
Uniforms-When under the employ of a licensee, a commissioned peace officer may wear the following attire
When working outside the jurisdiction where commissioned as a peace officer, the uniform of the jurisdiction where the registrant is commissioned as a peace officer with both the written consent of the chief law enforcement officer of the jurisdiction where the individual is commissioned and the written consent of the chief law enforcement officer of the jurisdiction where the individual will be working
60
Publications and advertisements
All advertisements and/or promotional material shall carry the legal name or trade name designation and the address under which the licensee is licensed. The use of abbreviated names or division names for advertising purposes must be approved in writing by the department
61
Publications and advertisements
A licensee shall not use the name of any employee or associate in the heading of any advertisement or other promotional material. If a name of an employee or associate is used in advertising or other materials, the name shall be in smaller font than the licensee's business name.
62
Notice of renewals
The department of public safety (department) shall provide notice to each individual or company holding a license issued pursuant to Chapter 4749. of the Revised Code of the expiration of the registrations of its employees. The notices shall be in writing and shall be provided at a minimum of sixty days prior to the expiration of the registrations
63
Notice of renewals
It is the responsibility of each licensee and individual holding a registration identification card to renew licenses or registrations even if the licensee or individual holding a registration identification card fails to receive a renewal notice from the private investigator security guard section due to outdated email or contact information, a change of address, incorrect address, loss of mail by the United States postal service, or any other reason. Failure to receive or obtain a license renewal application shall not relieve the licensee or individual holding a registration identification card from compliance
64
Renewal of registrations
Each registration identification card issued to a private investigator or security guard employee shall include the date of issuance. Registrations expire annually on the anniversary date of initial issuance.
65
Fees
Twenty-five dollars for application for examination for an individual applicant and, in the case of a corporation, each officer or qualifying agent specified in the application as satisfying the requirements
66
Fees
Five dollars for each application to license or renew a company for the fee charged by the bureau of criminal identification to enroll the applicant in the retained applicant fingerprint database
67
Fees
Three hundred seventy-five dollars for the issuance of each license
68
Fees
One hundred dollars for the issuance of each branch license
69
Fees
Two hundred seventy-five dollars for the annual renewal of each license
70
Fees
Twenty-five dollars for a duplicate of a lost, stolen, or destroyed license
71
Fees
Forty dollars for the issuance of each registration identification card
72
Fees
Twenty-five dollars for the annual renewal of each registration identification card
73
Fees
Fifteen dollars for the issuance of firearm bearer notation on the qualifying agent and employee registration identification card
74
Fees
Twenty-five dollars to transfer a private investigator or security guard provider license from one corporation to another corporation or from a sole proprietor to a corporation or to transfer a corporation license to a sole proprietor
75
Fees
Five dollars for a duplicate of a lost, stolen, or destroyed registration identification card
76
Disqualifying offenses
Aggravated burglary, Breaking and entering, Burglary, Deception to secure writing, Endangering children, Forgery, Identity fraud, Misuse of a credit card , Unauthorized use of property , Passing bad checks, Receiving stolen property , Safecracking, Theft , Voyeurism, Wiretapping , Menacing by stalking, Menacing, Telecommunications, Inducing panic, Making false alarms, Criminal mischief
77
Disqualifying offenses
An attempt or conspiracy to commit or complicity in committing any of the offenses listed in paragraphs (B)(1) to (B)(21) of this rule, if the attempt, conspiracy, or complicity is a felony;
78
Notice of meeting
The department of public safety (department) shall post notice of all regularly scheduled meetings of the commission and any of its committees, subcommittees, and workgroups, on the department's website, which may be accessed at http://pisgs.ohio.gov/pissc.stm at least fourteen days prior to each regularly scheduled meeting. Such notice shall include the time and place of the meeting and may include the tentative agenda for the meeting. Nothing in this section shall be construed as prohibiting any member of the commission from requesting that an item be added to the agenda in writing once it is posted to the website.
79
Notice of meeting
Any person or media outlet may obtain advance notice of any meeting of the commission, its committees, subcommittees and workgroups by requesting to be placed on an email notification list as no cost, or to receive notice by regular mail for a reasonable fee. Requests for notice of meetings may be submitted to the department in written form, or may be made in person during regular business hours. Written request for notice of meetings may be general in nature or may be specific to meetings where a particular type of business will be considered. Written requests may be mailed to "Private Investigator Security Guard Services, 1970 West Broad Street, Columbus, Ohio 43223," and shall include the name of the person submitting the request, any organization with which the person is affiliated, mailing address, electronic mail address, telephone number, and whether notice is sought for all or specified types of meetings.
80
Process for veteran applications
The department shall prioritize and expedite a completed "Provider Application," "Qualifying Agent Application," "Employee Registration Application," "Provider License Renewal," "Qualifying Agent Renewal," and "Employee Registration Renewal," for veterans and spouses of veterans within four business days of receipt.
81
Process for veteran applications
Satisfactory evidence that the applicant or applicant's spouse is a veteran or member of the armed forces includes the applicant's official military identification card, official DD-214 separation document, or other official military documentation approved by the director of the department. A marriage certificate may be required, in addition to evidence of status as a veteran, if the applicant is the spouse of a veteran.
82
Firearm bearer notation issuance and renewal
Submit either a paper or an electronic "Firearm Bearer Notation Application" accompanied by the fee
83
Firearm bearer notation issuance and renewal
A certificate of satisfactory completion of a basic firearm training program from the "Ohio Peace Officer Training Commission" (OPOTC) which includes at least twenty hours in handgun training at a commission approved training school
84
Firearm bearer notation issuance and renewal
An equivalency letter from OPOTC if the person successfully completed a firearm training program approved by OPOTC as being equivalent to the twenty hour basic firearm training from 1982 to 1985
85
Firearm bearer notation issuance and renewal
A certificate or other evidence of satisfactory completion of a firearms training course at a certified OPOTC training school or law enforcement academy, if the applicant is a current or former peace officer, Ohio state highway patrol officer, or federal officer
86
Firearm bearer notation issuance and renewal
If the certificate was obtained more than eighteen months prior to the date of application, submit a certificate of satisfactory requalification in firearms use on a firearms training range at a firearms requalification program certified by the OPOTC or on a firearms training range under the supervision of an instructor certified by the OPOTC within the twelve months immediately preceding the date of submitting the "Firearm Bearer Notation Application."
87
Firearm bearer notation issuance and renewal
If the applicant intends to carry a firearm other than a handgun, the applicant shall submit a certificate of satisfactory completion of a minimum of five hours of training in the use of the other type of firearm from an OPOTC approved training program. Such certificate much be submitted for each type of firearm the applicant intends to carry.
88
Firearm bearer notation issuance and renewal
For the purpose of a state and federal bureau of investigation background check, submit directly to the bureau of criminal identification and investigation, with direct copy to the department, a complete set of fingerprints along with notification that the applicant intends to carry a firearm in the course of business.
89
Firearm bearer notation issuance and renewal
The firearm bearer notation and the employee registration card may have different expiration dates. A firearm bearer notation is valid only until the date of expiration listed on the firearm bearer notation, even if the employee registration card has a later expiration date
90
Firearm bearer notation issuance and renewal
The initial firearm bearer notation is valid for eighteen months from the date of qualification listed on certificate submitted under paragraph (B) of this rule and subsequent renewals of the firearm bearer notation expire twelve months from the date of requalification listed on the certificate of satisfactory requalification.
91
Firearm bearer notation issuance and renewal
A firearm bearer notation may be renewed by submitting a "Firearm Bearer Notation Application" accompanied by the fee, and submitting a certificate of satisfactory requalification for each type of firearm the person intends to carry. The requalification training must occur within twelve months immediately preceding the date of renewal submission.
92
Firearm bearer notation issuance and renewal
If a firearm bearer renewal application is not received by the department on or before the firearm bearer notation expiration date, the firearm bearer notation is expired and will not be renewed. An application for a new firearm bearer notation shall be submitted. If the employee registration card is unexpired, the employee may continue to provide unarmed private investigative, security services, or both.
93
Firearm bearer notation issuance and renewal
Regardless of the firearm bearer notation expiration date, if the employee registration card expires or if the department revokes, suspends, or refuses to renew the employee registration card, the firearm bearer notation shall automatically be expired, revoked, suspended, or not renewed.
94
Firearm bearer prohibitions and disciplinary actions
A firearm bearer notation issued does not authorize an individual to carry a concealed handgun or other dangerous ordnance
95
Firearm bearer prohibitions and disciplinary actions
Any person who intends to carry a concealed handgun in the course of his or her duties as a private investigator, security guard, or both must also have a concealed handgun license
96
No licensee shall allow an employee or independent contractor to carry a firearm
While engaging in the business of private investigation, security services, or both, unless that person is carrying a valid employee registration card with a valid firearm bearer notation
97
No licensee shall allow an employee or independent contractor to carry a firearm
While engaging in the business of private investigation, security services, or both while the person's employee registration application or firearm bearer notation application is in an applied or pending status with the department
98
No licensee shall allow an employee or independent contractor to carry a firearm
Other than the types of firearms indicated on the firearm bearer notation while engaging in the business of private investigation, security services, or both.
99
No person who is required to be licensed or registered
Shall carry a firearm while engaging in the business of private investigation, security services, or both, unless the individual is carrying on their person, a valid employee registration card with a valid firearm bearer notation
100
No person who is required to be licensed
Shall carry firearm while engaging in the business of private investigation, security services, or both while the person's employee registration application or firearm bearer notation application is in applied or pending status with the department.
101
No person with a valid firearm bearer notation
Shall carry a firearm other than the types of firearms indicated on the firearm bearer notion while engaging in the business of private investigation, security services, or both.
102
Firearm bearer prohibitions and disciplinary actions
The prohibitions do not apply to unregistered commissioned peace officers who are exempt
103
Firearm bearer prohibitions and disciplinary actions
Every licensee shall maintain records for the current calendar year plus the two previous calendar years of employees that carry firearms in the course of their duties. Such records shall include the dates in which that employee worked an armed account, but need not include any identifying information regarding the client for whom armed security is provided. Such records shall be made available upon request to the department as part of an audit or inspection
