59-1750.5.

§59-1750.5.


    A.  Licenses authorized to be issued by the Council on Law
Enforcement Education and Training (CLEET) shall be as follows:
    1.  Security Agency License;
    2.  Investigative Agency License;
    3.  Private Investigator License (unarmed);
    4.  Security Guard License (unarmed);
    5.  Armed Security Guard License; and
    6.  Special Event License (unarmed).
    B.  Any qualified applicant meeting the requirements for more
than one of the positions of private investigator, security guard, or
armed security guard may be issued a separate license for each
position for which qualified, or in the discretion of the Council, a
combination license provided the required license fees are paid.
    C.  A private investigator may carry a firearm, if the private
investigator also performs the functions of an armed security guard,
under the authority of the armed security guard license.  If the
private investigator performs no functions of an armed security
guard, the Council may add an endorsement to the license of the
private investigator that states "Firearms Authorized", in lieu of
the armed security guard license, if the private investigator
completes the same training and testing requirements of the armed
security guard.  The Council will charge the same fee for the
"Firearms Authorized" endorsement on the private investigators
license as the cost of the armed security guard license.  Any person
issued a private investigator license with a firearms authorized
endorsement may carry a concealed firearm between job assignments,
provided the person keeps the firearm concealed from view and is in
possession of a valid driver license and a valid private investigator
license with a firearms authorization endorsement.
    D.  Any identification card issued to a person meeting the
license requirements for an armed security guard shall be distinct
and shall explicitly state that the person is authorized to carry a
firearm pursuant to the provisions of Section 1750.1 et seq. of this
title.  Upon receipt of the license and identification card, the
armed security guard is authorized to carry a firearm in the
performance of his or her duties subject to the provisions of Section
1750.1 et seq. of this title and the rules promulgated by the
Council.
    E.  The Council may issue a conditional license to a person
employed by a security or investigative agency as a trainee for a
security guard, armed security guard, or private investigator
position, when the person has submitted a properly completed
application, made under oath, subject to the following conditions:
    1.  A conditional license shall authorize employees to perform
the same functions that regular licensees perform, but subject to
supervision by the employing agency as the Council may prescribe;
    2.  The holder of a conditional license shall complete the
necessary training requirements within one hundred eighty (180) days
from the effective date of the conditional license, after which the
conditional license shall expire;
    3.  The holder of a conditional license as an armed security
guard shall not carry a firearm in the performance of duties until
after completing a course of firearms training as prescribed by the
Council, and having been issued a regular license by the Council;
    4.  A conditional license may be renewed at the discretion of the
Council, if necessary to allow an applicant to complete any training
required for a regular license; and
    5.  When the Council finds that a conditional license holder has
completed the required training and is otherwise qualified for a
license pursuant to the provisions of Section 1750.1 et seq. of this
title, the Council shall issue a regular license.
    F.  A Security Agency License may be issued to an individual,
corporation, or other legal entity meeting the following
qualifications:
    1.  If the license is to be issued in the name of a legal entity
other than a natural person, the applicant must furnish proof that
the entity is legally recognized, such as the issuance of a corporate
charter; and
    2.  The executive officer, manager, or other person in charge of
supervising security guards in the performance of their duties shall
be a licensed security guard.
    G.  An Investigative Agency License may be issued to an
individual, corporation, or other legal entity meeting the following
qualifications:
    1.  If the license is to be issued in the name of a legal entity
other than a natural person, the applicant must furnish proof that
the entity is legally recognized, such as the issuance of a corporate
charter;
    2.  Any person, otherwise qualified, may own a private
investigation agency; and
    3.  A self-employed private investigator who employs no other
investigators shall also be licensed as an investigative agency, but
shall only be required to be insured or bonded as a self-employed
private investigator.
    H.  A Security Guard License, Armed Security Guard License,
Private Investigator License, or combination thereof may be issued to
an applicant meeting the following qualifications.  The applicant
shall:
    1.  Be a citizen of the United States or an alien legally
residing in the United States;
    2.  Be at least eighteen (18) years of age, except that an
applicant for an Armed Security Guard License shall be at least
twenty-one (21) years of age;
    3.  Have successfully completed training requirements for the
license applied for, as prescribed by the Council;
    4.  Be of good moral character;
    5.  Not have a record of a felony conviction;
    6.  Not have a record of conviction for larceny, theft, false
pretense, fraud, embezzlement, false personation of an officer, any
offense involving moral turpitude, any offense involving a minor as a
victim, any nonconsensual sex offense, any offense involving the
possession, use, distribution, or sale of a controlled dangerous
substance, any offense involving a firearm, or any other offense as
prescribed by the Council, as provided herein.
         a.   If any conviction which disqualifies an applicant
              occurred more than five (5) years prior to the
              application date and the Council is convinced the
              offense constituted an isolated incident and the
              applicant has been rehabilitated, the Council may, in
              its discretion, waive the conviction disqualification
              as provided for in this paragraph and issue an unarmed
              security guard license or a private investigator's
              license, but shall not issue an armed guard license, to
              the applicant if the applicant is otherwise qualified,
              unless the felony involved the use of a firearm or was
              violent in nature.
         b.   If an Oklahoma State Bureau of Investigation records
              check and a local records check reveal that there are
              no felony convictions, criminal convictions involving
              moral turpitude, or any other disqualifying convictions
              as specified in the Oklahoma Security Guard and Private
              Investigator Act, Section 1750.1 et seq. of this title,
              or prescribed by the Council, then the Council may
              conditionally issue an armed security guard license
              pending completion of the criminal history and
              background check.
         c.   Under oath, the applicant shall certify that he or she
              has no disqualifying convictions as specified in the
              Oklahoma Security Guard and Private Investigator Act or
              by the Council.
         d.   The applicant shall further meet all other
              qualifications.
         e.   If upon completion of the required background
              investigation it is discovered that a disqualifying
              conviction exists, the Council shall immediately revoke
              the armed guard license of the applicant.
    7.  Make a statement whether the applicant has been adjudicated
incompetent or committed to a mental institution, and a statement
regarding any history of illegal drug use or alcohol abuse; and
    8.  Make a statement regarding misdemeanor domestic violence
charges.
    I.  A special event license may be issued to an employee of a
security agency who is hired on a temporary basis as an unarmed
security guard for a particular event.  An application for a special
event license shall be made by the agency employing the applicant.
The agency shall certify to the Council that the applicant meets the
qualifications for security guards, pursuant to subsection H of this
section.
    J.  1.  All persons and agencies shall obtain and maintain
liability coverage in accordance with the following minimum
standards:
         a.   general liability insurance coverage for bodily injury,
              personal injury, and property damage, with endorsements
              for personal injury including false arrest, libel,
              slander, and invasion of privacy, or
         b.   a surety bond that allows persons to recover for
              actionable injuries, loss, or damage as a result of the
              willful, or wrongful acts or omissions of the principal
              and protects this state, its agents, officers and
              employees from judgments against the principal or
              insured licensee, and is further conditioned upon the
              faithful and honest conduct of the principal's
              business.
    2.  Liability coverages and bonds outlined in this section shall
be in the minimum amounts of One Hundred Thousand Dollars
($100,000.00) for agencies, Ten Thousand Dollars ($10,000.00) for
armed security guards and Five Thousand Dollars ($5,000.00) for
security guards and self-employed private investigators who employ no
other investigators.
    3.  Security agencies and investigative agencies shall ensure
that all employees of these agencies have met the minimum liability
coverages as prescribed in this section.
    4.  Insurance policies and bonds issued pursuant to this section
shall not be modified or canceled unless ten (10) days' prior written
notice is given to the Council.  All persons and agencies insured or
bonded pursuant to this section shall be insured or bonded by an
insurance carrier or a surety company licensed in the state in which
the insurance or bond was purchased, or in this state.
    5.  In lieu of the requirements of this subsection, the Council
may accept a written statement from a corporation which is registered
with the Oklahoma Secretary of State attesting that the corporation
self-insures the general operation of business for the types of
liability set out in paragraphs 1 and 2 of this subsection.
    K.  Upon written notice, any license may be placed on inactive
status.
    L.  Similar or duplicate agency names will not be issued.  Each
agency name must be distinguishably different.