                                 CODE OF VIRGINIA

POWERS OF BOARD RELATING TO PRIVATE SECURITY SERVICES BUSINESS (§ 9.1-141)

A. The Board may adopt regulations in accordance with the Administrative Process
Act (&#xA7; 2.2-4000 et seq.), establishing compulsory minimum, entry-level,
in-service, and advanced training standards for persons employed by private
security services businesses in classifications defined in &#xA7; 9.1-138. The
regulations may include provisions delegating to the Board&#8217;s staff the
right to inspect the facilities and programs of persons conducting training to
ensure compliance with the law and Board regulations. In establishing compulsory
training standards for each of the classifications defined in &#xA7; 9.1-138,
the Board shall be guided by the policy of this section to secure the public
safety and welfare against incompetent or unqualified persons engaging in the
activities regulated by this section and Article 4 (&#xA7; 9.1-138 et seq.) of
this chapter. The compulsory minimum, entry-level, and in-service training
standards for an unarmed security officer, armed security officer, courier,
security canine handler, and alarm respondent shall include a training
requirement on recognizing and reporting instances of suspected human
trafficking. The regulations may provide for partial exemption from such
compulsory, entry-level training for persons having previous employment as
law-enforcement officers for a local, state or the federal government, to
include units of the United States armed forces, or for persons employed in
classifications defined in &#xA7; 9.1-138. However, no such exemption shall be
granted to persons having less than five continuous years of such employment,
nor shall an exemption be provided for any person whose employment as a
law-enforcement officer or whose employment as a private security services
business employee was terminated because of his misconduct or incompetence. The
regulations may include separate provisions for full exemption from compulsory
training for persons having previous training that meets or exceeds the minimum
training standards and has been approved by the Department. However, no such
exemption shall be granted to persons whose employment as a private security
services business employee was terminated because of his misconduct or
incompetence. No regulation adopted by the Board shall prevent any person
employed by an electronic security business, other than an alarm respondent, or
as a locksmith from carrying a firearm in the course of his duties when such
person carries with him a valid concealed handgun permit issued in accordance
with Article 6.1 (&#xA7; 18.2-307.1 et seq.) of Chapter 7 of Title 18.2.

B. The Board may enter into an agreement with other states for reciprocity or
recognition of private security services businesses and their employees, duly
licensed by such states. The agreements shall allow those businesses and their
employees to provide and perform private security services within the
Commonwealth to secure the public safety and welfare against incompetent,
unqualified, unscrupulous, or unfit persons engaging in the activities of
private security services businesses.

C. The Board may adopt regulations in accordance with the Administrative Process
Act (§ 2.2-4000 et seq.) to secure the public safety and welfare against
incompetent, unqualified, unscrupulous, or unfit persons engaging in the
activities of private security services businesses that:

   1. Establish the qualifications of applicants for registration, certification,
   or licensure under Article 4 (&#xA7; 9.1-138) of this chapter;

   2. Examine, or cause to be examined, the qualifications of each applicant for
   registration, certification, or licensure, including when necessary the
   preparation, administration, and grading of examinations;

   3. Certify qualified applicants for private security training schools and
   instructors or license qualified applicants as practitioners of private
   security services businesses;

   4. Levy and collect fees for registration, certification, or licensure and
   renewal that are sufficient to cover all expenses for administration and
   operation of a program of registration, certification, and licensure for
   private security services businesses and training schools;

   5. Are necessary to ensure continued competency, and to prevent deceptive or
   misleading practices by practitioners and effectively administer the
   regulatory system adopted by the Board;

   6. Receive complaints concerning the conduct of any person whose activities
   are regulated by the Board, to conduct investigations, and to take appropriate
   disciplinary action if warranted; and

   7. Revoke, suspend or fail to renew a registration, certification, or license
   for just cause as enumerated in Board regulations.

D. In adopting its regulations under subsections A and C, the Board shall seek
the advice of the Private Security Services Advisory Board established pursuant
to &#xA7; 9.1-143.

HISTORY: 1981, c. 632, § 9-182; 1990, c. 354; 1992, c. 578; 1994, cc. 45, 335,
810; 1995, c. 79; 1998, cc. 122, 807; 2001, c. 844; 2009, c. 375; 2013, c. 69;
2014, c. 32; 2024, c. 367.