                                 CODE OF VIRGINIA

POWERS OF DEPARTMENT OF CRIMINAL JUSTICE SERVICES RELATING TO SPECIAL
CONSERVATORS OF THE PEACE APPOINTED PURSUANT TO § 19.2-13 (§ 9.1-150.3)

A. In addition to the powers otherwise conferred upon it by law, the Department
may (i) charge each applicant for registration a nonrefundable fee as
established by the Board to cover the costs of the Department for processing an
application for registration, and enforcement of the regulations, and other
costs associated with the maintenance of the program of regulation; (ii) charge
nonrefundable fees for private security services training as established by the
Board for processing school certifications and enforcement of training
standards; and (iii) conduct investigations to determine the suitability of
applicants for registration, including a drug and alcohol screening. For
purposes of this investigation, the Department shall require the applicant to
provide personal descriptive information to be forwarded, along with the
applicant&#8217;s fingerprints, to the Central Criminal Records Exchange for the
purpose of conducting a Virginia criminal history records search. The Central
Criminal Records Exchange shall forward the fingerprints and personal
description to the Federal Bureau of Investigation for the purpose of obtaining
a national criminal record check.

B. The Director or his designee 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. Costs of the investigation and
adjudication of violations of this article or Board regulations may be
recovered. All costs recovered shall be deposited into the state treasury to the
credit of the Conservators of the Peace Regulatory Fund. Such proceedings shall
be brought in the name of the Commonwealth by the Department in the circuit
court of the city or county in which the unlawful act occurred or in which the
defendant resides. The Director, or agents appointed by him, shall have the
authority to administer oaths or affirmations for the purpose of receiving
complaints and conducting investigations of violations of this article, or any
regulation promulgated hereunder and to serve process issued by the Department
or the Board.

HISTORY: 2003, c. 922.