                                 CODE OF VIRGINIA

POWERS OF DEPARTMENT RELATING TO PRIVATE SECURITY SERVICES BUSINESSES (§
9.1-142)

A. In addition to the powers otherwise conferred upon it by law, the Department
may:

   1. Charge each applicant for licensure, certification or registration a
   nonrefundable fee as established by the Board to cover the costs of the
   Department for processing an application for a registration, certification or
   license, and enforcement of these regulations, and other costs associated with
   the maintenance of this program of regulation.

   2. Charge nonrefundable fees for private security services training as
   established by the Board for processing school certifications and enforcement
   of training standards.

   3. Conduct investigations to determine the suitability of applicants for
   registration, licensure, or certification of compliance agents, training
   schools, and instructors. For purposes of this investigation, the Department
   shall have access to criminal history record information maintained by the
   Central Criminal Records Exchange of the Department of State Police and shall
   conduct a background investigation, to include a National Criminal Records
   search and a Virginia Criminal History Records search.

   4. Issue subpoenas. The Director or a designated subordinate may make an ex
   parte application to the circuit court for the city or county wherein evidence
   sought is kept or wherein a licensee does business, for the issuance of a
   subpoena duces tecum in furtherance of the investigation of a sworn complaint
   within the jurisdiction of the Department or the Board to request production
   of any relevant records, documents and physical or other evidence of any
   person, partnership, association or corporation licensed or regulated by the
   Department pursuant to this article. The court may issue and compel compliance
   with such a subpoena upon a showing of reasonable cause. Upon determining that
   reasonable cause exists to believe that evidence may be destroyed or altered,
   the court may issue a subpoena duces tecum requiring the immediate production
   of evidence.

   5. Recover costs of the investigation and adjudication of violations of this
   article or Board regulations. Such costs may be recovered from the respondent
   when a sanction is imposed to fine or place on probation, suspend, revoke, or
   deny the issuance of any license, certification, or registration. Such costs
   shall be in addition to any monetary penalty which may be imposed. All costs
   recovered shall be deposited into the state treasury to the credit of the
   Private Security Services Regulatory Fund.

   6. Institute proceedings to enjoin any person from engaging in any unlawful
   act enumerated in &#xA7; 9.1-147. Such proceedings shall be brought in the
   name of the Commonwealth by the Department in circuit court of the city or
   county in which the unlawful act occurred or in which the defendant resides.

B. The Director, or agents appointed by him, shall be vested with the authority
to administer oaths or affirmations for the purpose of receiving complaints and
conducting investigations of violations of this article, or any Board regulation
promulgated pursuant to authority given by this article. Information concerning
alleged criminal violations shall be turned over to law-enforcement officers in
appropriate jurisdictions. Agents shall be vested with authority to serve such
paper or process issued by the Department or the Board under regulations
approved by the Board.

HISTORY: 1976, c. 737, § 54-729.30; 1977, c. 376, § 54.1-1903; 1984, cc. 57,
779; 1985, c. 448; 1988, c. 765; 1991, c. 589; 1992, c. 578, § 9-183.4; 1994,
c. 46; 1998, cc. 122, 807; 2001, c. 844.