Ga. Comp. R. & Regs. Department 509 — Georgia Board of Private Detective and Security Agencies

department-509Ga. Comp. R. & Regs. Dept. 509Regulation

Abrir fonte

Chapter 509-1 Organization

Ga. Comp. R. & Regs. r. 509-1-.01 Meetings {#sec-ga.-comp.-r.-regs.-r.-509-1-.01 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-1-.01}

The board shall meet at least twice a year to carry out regular business. The chairman or Division Director may call special meetings. Notice of the meetings shall be given to all members at least ten days prior to the date of the meeting. Parliamentary procedure shall be according to Robert's Rules of Order, latest edition.

(a) A majority of the board members shall constitute a quorum for all board business.

History

  • Authority: O.C.G.A. § 43-1-2(a)(1), (2)
  • History. Original Rule entitled "Organization" was filed on July 24, 1981, as Emergency Rule 509-1-0.1-.01; effective July 20, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-1-0.1-.01 repealed and Emergency Rule 509-1-0.6-.01, of the same title, adopted. Filed October 13, 1981; effective October 7, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-1-0.6-.01 repealed and permanent Rule 509-1-.01, entitled "Meetings," adopted. Filed December 15, 1981; effective January 4, 1982.
  • Amended: F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-1-.02 Fees {#sec-ga.-comp.-r.-regs.-r.-509-1-.02 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-1-.02}

The payments of any fees of the Georgia Board of Private Detective and Security Agencies for licensure, registration, or weapon permit shall be made by a cashier's check, certified check, or money order, or approved online payment method. The Board, in its discretion, may also accept a company check for the purpose of licensure, registration, or weapon permit. The board shall have the right to refuse payment of any fees not made in accordance with this rule. Refer to fee schedule for appropriate fees payable to the Board. Any request for refund must be submitted in writing. Any indebtedness to the Board caused by a returned check will be dealt with in accordance with Code Section 16-9-20 of the Criminal Code of Georgia.

(a) Application Fees. Each application for company licensure, employee registration, or weapon permit shall be accompanied by a non-refundable application fee. Refer to fee schedule for appropriate fees payable to the Board.

(b) Fee for fingerprint processing. Any fees for fingerprint processing will be paid by the licensee to the appropriate processing authority.

History

  • Authority: O.C.G.A. § 43-1-7
  • History. Original Rule entitled "Meetings" was filed on July 24, 1981, as Emergency Rule 509-1-0.1-.02; effective July 20, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-1-0.1-.02 repealed and Emergency Rule 509-1-0.6-.02, of the same title adopted. Filed October 13, 1981; effective October 7, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-1-0.6-.02 repealed and permanent Rule 509-1-.02, entitled "Fees," adopted. Filed December 15, 1981; effective January 4, 1982.
  • Amended: Filed May 4, 1982; effective May 24, 1982.
  • Amended: Rule repealed and a new Rule of the same title adopted. Filed December 13, 1985; effective January 2, 1986.
  • Amended: F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-1-.03 Repealed {#sec-ga.-comp.-r.-regs.-r.-509-1-.03 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-1-.03}

History

  • Authority: Ga. L. 1981, pp. 1828, 1838; Ga. L. 1981, 1901, 1902
  • History. Original Rule entitled "Fees" was filed on July 24, 1981, as Emergency Rule 509-1-0.1-.03; effective July 20, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-1-0.1-.03 repealed and Emergency Rule 509-1-0.6-.03, of the same title, adopted. Filed October 13, 1981; effective October 7, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-1-0.6-.03 repealed. Filed December 15, 1981; effective January 4, 1982.

Chapter 509-2 Licensure and Registration

Ga. Comp. R. & Regs. r. 509-2-.01 Expiration Dates of Licenses, Registrations, and Permits {#sec-ga.-comp.-r.-regs.-r.-509-2-.01 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-2-.01}

(1) Company licenses issued by the Board shall expire on June 30 of each odd-numbered year.

(2) A penalty fee as determined by the Board shall be applicable to any applicant renewing their company license after June 30 and through July 31 of the renewal period. Failure to renew a company license by July 31 shall have the same effect as a revocation of said license. Reinstatement of a revoked company license shall be in the discretion of the Board, which may require that a completed application for company licensure, including all applicable fees and other required information to be submitted as if it was a new application. In the discretion of the Board, an applicant for company re-licensure may be required to successfully pass a written examination.

(3) Employee registrations and/or weapon permits issued by the Board shall expire on August 31 of each odd-numbered year.

(4) A penalty fee as determined by the Board shall be applicable to any employee applicant renewing their registration or weapon permit after August 31 and through September 31 of the renewal period. Failure to renew a registration or weapon permit by September 31 shall have the same effect as a revocation of said registration or weapon permit. Reinstatement of a revoked employee registration or weapon permit shall be in the discretion of the Board, which may require that a completed application for employee registration and/or a completed application for permit to carry firearms, including all applicable fees and other required information to be submitted as if it was a new application.

History

  • Authority: O.C.G.A. § 43-1-4
  • History. Original Rule entitled "Certificates" adopted as ER. 509-2-0.2-.01. F. July 24, 1981; eff. July 20, 1981, the date of adoption.
  • Amended: ER. 509-2-0.7-.01 of same title adopted. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Repealed: New Rule of same title adopted. F. Dec. 13, 1985; eff. Jan. 2, 1986.
  • Amended: F. May 28, 1998; eff. June 17, 1998.
  • Amended: New title, "Expiration Dates of Licenses, Registrations, and Permits." F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-2-.02 Qualifications {#sec-ga.-comp.-r.-regs.-r.-509-2-.02 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-2-.02}

(1) Any applicant for licensure to operate a private detective company must have at least two (2) years experience as a licensed private detective with a licensed detective agency or at least two (2) years experience in law enforcement with a federal, state, county, or municipal agency, or has a four (4) year degree in criminal justice or related field from an accredited university.

(2) Any applicant for licensure to operate a security company must have at least two (2) years full-time experience as a supervisor or administrator in in-house security operations or with a licensed security agency or at least two (2) years experience in law enforcement with federal, state, county, or municipal agency, or a four (4) year degree in criminal justice or related field from an accredited university.

(3) Two (2) years of full-time experience, as used in Rule 509-2-.02(1) & (2), shall mean that an individual was employed at least two (2) years and worked a minimum of 30 hours per week. Experience in law enforcement must meet the definition in O.C.G.A. 35-8-2(8) , or the definition of any other state or federal agency with similar criteria.

(4) Any applicant for licensure to operate a dual licensed private detective/security company must meet the licensing requirements of both private detective and private security companies.

(5) The Board shall be responsible for adopting an examination for the licensure of applicants on behalf of private detective and private security companies. The examinations shall be designed to assess candidates' abilities to perform at an acceptable level of practice, which will not be harmful to the public health, safety or welfare.

(a) The contents of the examination for private detective company licensure shall reflect the scope of practice of the private detective profession, as defined in O.C.G.A. Section 43-38-3(3) , or as approved by the Board.

(b) The contents of the examination for private security company licensure shall reflect the scope of practice of the private security profession, as defined in O.C.G.A. Section 43-38-3(4) , of this chapter, or as approved by the Board.

(c) The Board will provide reasonable modification to a qualified applicant with a disability in accordance with the Americans With Disabilities Act. The request for a modification by an individual with a disability must be made in writing and received in the Board's office by the application deadline, along with appropriate documentation, as indicated in the Request for Disability Modification Guidelines.

(d) An incomplete application will not be presented to the Board for review and may be returned to the applicant for completion.

(e) All applications for examination must be reviewed and approved by the Board prior to an examination.

(f) The passing level for the examination shall be determined by the Board.

(g) An applicant who has failed the licensure examination may retake the examination, but the examination cannot be taken more than three times, by an applicant, without submitting a new application and appropriate fee to the Board.

(h) An applicant scheduled for an examination who fails to appear for three (3) consecutive examinations will not be permitted thereafter to sit for the examination until they have submitted a new application and fee.

(i) The Board shall set the fee for the examinations.

History

  • Authority: O.C.G.A. §§ 43-1-2, 43-1-19, 43-1-24, 43-1-25, 43-38-3, 43-38-4, 43-38-6, 43-38-11, 42 U.S.C. § 12101, et seq
  • History. Original Rule entitled "Qualifications" adopted as ER. 509-2-0.2-.02 . F. July 24, 1981; eff. July 20, 1981, the date of adoption.
  • Amended: ER. 509-2-0.7-.02 of same title adopted. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Amended: F. Nov. 1, 1988; eff. Nov. 21, 1988.
  • Amended: F. July 31, 1990; eff. August 20, 1990.
  • Amended: F. Sept. 29, 1993; eff. Oct. 19, 1993.
  • Amended: F. Mar. 28, 1995; eff. Apr. 17, 1995.
  • Amended: F. Apr. 5, 1996; eff. Apr. 25, 1996.
  • Amended: F. Aug. 17, 1998; eff. Sept. 6, 1998.
  • Amended: F. Oct. 1, 1998; eff. Oct. 21, 1998.
  • Repealed: New Rule of same title adopted. F. Mar. 29, 2005; eff. Apr. 18, 2005.
  • Amended: F. Nov. 16, 2023; eff. Dec. 6, 2023.
Ga. Comp. R. & Regs. r. 509-2-.03 Issuance of Licenses and Registrations {#sec-ga.-comp.-r.-regs.-r.-509-2-.03 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-2-.03}

(1) Any applicant for licensure who is filing the application on behalf of a firm, association, company, partnership, or corporation shall be an appropriately qualified designee as defined in O.C.G.A § 43-38-6(a) . Said officer or member shall be directly responsible for all operations and must be registered with the Board.

(2) At any time after the receipt by the Board of all documents and fees required by law or by these rules, and after being satisfied that the applicant has the qualifications set forth by law, and has received the minimum training required by rule, the Board may issue a license or registration card, provided that criminal background and fingerprint results have been received. Should any statement appearing in the application or any other form submitted to the Board by the applicant be demonstrated to be untrue or false, the Board will then, at its earliest opportunity, take appropriate action against the applicant.

(3) Upon death, resignation or termination of the license holder of the company, the company's chief officer or registered agent on behalf of the company as filed with the Secretary of State's Office shall notify the Board within 10 (ten) business days of the absence of the license holder. A new license must be obtained immediately if the company is to continue advertising and/or operating in the State of Georgia.

(4) Upon death, resignation or termination of an employee who is licensed or registered with the board, the licensee (employer) shall notify the Board within thirty (30) days of the absence of the licensed or registered employee and shall mail the employee's license or registration and any weapon permits to the office of the Division Director.

(5) If a licensed or registered employee leaves a licensed company to become employed with another licensed company, the new employer must submit a new application and appropriate fee to the Board on behalf of the employee. The Board may, at its discretion, issue to such applicant the new license or registration with a weapon permit prior to receiving the results of the background investigations, so long as the licensed company and the applicant's current licenses or registrations are in good standing.

(6) When any registrant or licensee is employed by more than one agency simultaneously, each employer must complete application for registration or licensure on behalf of the employee. Each application must be accompanied by the appropriate fee. Refer to the fee schedule for fee. The board may issue the registration or license with weapon permit to such registrant or licensee before receiving the results of the criminal background check, so long as the agency is licensed and the applicant's license or registration is current.

History

  • Authority: O.C.G.A. §§ 43-1-25, 43-38-4, 43-38-6(a), 43-38-6, 43-38-7, 43-38-7.1, 43-38-9, 43-38-14(b)(2)
  • History. Original Rule entitled "Issuance of Licenses and Registration" adopted as ER. 509-2-0.2-.03. F. July 24, 1981; eff. July 20, 1981, the date of adoption.
  • Amended: ER. 509-2-0.7-.03 of same title adopted. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Amended: F. May 4, 1982; eff. May 24, 1982.
  • Amended: F. Aug. 21, 1989; eff. Sept. 10, 1989.
  • Repealed: New Rule of same title adopted. F. Dec. 11, 2006; eff. Dec. 31, 2006.
  • Amended: F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-2-.04 Exposed Weapon Permit {#sec-ga.-comp.-r.-regs.-r.-509-2-.04 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-2-.04}

(1) A permit to carry an exposed weapon may be issued by the Board, in its discretion, upon being satisfied of the applicant's character, competency, and eligibility, if the Board has received all documents and fees required by the licensing laws of this Chapter and has received satisfactory reports on the background investigations on the applicant through the system of identification of the Georgia Bureau of Investigation (GCIC) and Federal Bureau of Investigation (NCIC). The Board, in its discretion, may approve an application for a permit to carry an exposed weapon for a post on a federal installation prior to receiving the reports on the background investigations from GCIC and NCIC, provided that the Board receives from the Federal Protection Agency an official letter of adjudication for work on a federal installation for the employee.

(2) The Board shall be authorized to suspend any license or registration without a prior hearing, if the applicant makes a false statement in the application or has been convicted of a felony and has not had all his or her civil rights restored pursuant to law, and any weapons permit issued shall stand suspended at the same time as the suspension of the license or registration. Upon request, the licensee or registrant shall be entitled to a hearing on such matter subsequent to the suspension.

History

  • Authority: O.C.G.A. Secs. 43-1-19, 43-1-24, 43-1-25, 43-38-4, 43-38-6, 43-38-7, 43-38-9 to 43-38-11, 43-38-11.1
  • History. Original Rule entitled "Weapon Permits" adopted as ER. 509-2-0.2-.04. F. July 24, 1981; eff. July 20, 1981, the date of adoption.
  • Amended: ER. 509-2-0.7-.04 entitled "Exposed Weapon Permit" adopted. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Amended: F. Aug. 27, 1991; eff. Sept. 16, 1991.
  • Repealed: New Rule of same title adopted. F. May 17, 2005; eff. June 6, 2005.
Ga. Comp. R. & Regs. r. 509-2-.05 Concealed Weapon Permit {#sec-ga.-comp.-r.-regs.-r.-509-2-.05 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-2-.05}

(1) A permit to carry a firearm in a concealed manner may be issued by the Board, in its discretion, upon being satisfied of the applicant's character, competency, and qualifications, only if all of the following requirements are met:

(a) the application is accompanied by a sworn statement from the employer, describing the duties of the applicant and the need to carry the firearm in a concealed manner, together with detailed and complete justification for such request. Any licensee found to have intentionally misrepresented to the Board facts in support of the application for a concealed weapons permit shall be subject to disciplinary action by the Board up to and including revocation of license; and

(b) the Board has received all documents and fees required by the licensing rules of this Chapter and has received satisfactory reports regarding the applicant's background investigations reported through the system of identification of the Georgia Bureau of Investigation (GCIC) and the Federal Bureau of Investigation (NCIC).

(2) The Board shall be authorized to suspend any license or registration without a prior hearing, if the applicant makes a false statement in the application or has been convicted of a felony and has not had all their civil rights restored pursuant to law, and any weapons permit issued shall be automatically suspended at the same time as the suspension of the license or registration. Upon request, the licensee or registrant shall be entitled to a hearing on such matter subsequent to the suspension.

History

  • Authority: O.C.G.A. §§ 43-1-25, 43-38-4(d)(3), and 43-38-10(a), (b), (c), (d), (g), (h), (i), (j)
  • History. Original Rule entitled "Consideration of Applications" adopted as ER. 509-2-0.2-.05. F. July 24, 1981; eff. July 20, 1981, the date of adoption.
  • Amended: ER. 509-2-0.7-.05 entitled "Concealed Weapon Permit" adopted. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Repealed: New Rule of same title adopted. F. Feb. 8, 1982; eff. Feb. 28, 1982.
  • Amended: F. Aug. 27, 1991; eff. Sept. 16, 1991.
  • Amended: F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-2-.06 Consideration of Applications {#sec-ga.-comp.-r.-regs.-r.-509-2-.06 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-2-.06}

(1) In order for an application to be considered at a Board meeting, the application must be properly completed, and submitted with all supporting documentation, forms, and fees at least ten (10) days prior to the scheduled Board meeting.

(2) All documentation of experience, including verification of licensure, must be original documents or notarized copies of the original documents.

History

  • Authority: O.C.G.A. §§ 43-1-25, 43-38-4(d)(1), (3), 43-38-6(c), (d)
  • History. Original Rule entitled "Consideration of Applications" adopted as ER. 509-2-0.7-.06. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Amended: F. Sept. 29, 1993; eff. Oct. 19, 1993.
  • Amended: F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-2-.07 Criminal Convictions {#sec-ga.-comp.-r.-regs.-r.-509-2-.07 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-2-.07}

(1) Upon receipt of an application for employee registration that indicates a prior criminal record, the Board may register such employee who has previously been convicted of a misdemeanor provided that the criminal record does not prohibit the issuance of a weapon permit under state or federal law

(2) Any felony conviction may be cause for the Board to deny an application for employee registration and/or weapon permit. The Board shall inquire into the nature of the crime, the age of the individual at the time of the crime, the length of time elapsed since the crime was committed, evidence of rehabilitation and present fitness, and other underlying facts and circumstances surrounding such criminal conviction and, in its discretion, may allow the employee to be registered.

(3) Under no circumstances shall the Board issue an exposed or concealed weapon permit to any applicant who has been convicted of a felony without first having been provided with proof of a pardon or restoration of civil rights which specifically states the restoration of the right to carry firearms.

History

  • Authority: O.C.G.A. §§ 43-38-4(d)(1), (3), 43-38-6(b), 43-38-7(c)(1)(D), 43-38-11(a)(4), 43-1-19(q)(1)
  • History. Original Rule entitled "Criminal Convictions" adopted. F. Dec. 13, 1985; eff. Jan. 2, 1986.
  • Repealed: New Rule of same title adopted. F. Mar. 29, 2005; eff. Apr. 18, 2005.
  • Amended: F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-2-.08 Armored Car Industry Reciprocity {#sec-ga.-comp.-r.-regs.-r.-509-2-.08 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-2-.08}

Consistent with the Armored Car Industry Reciprocity Act, reciprocity shall be granted to persons providing services on behalf of an armored car company in Georgia, so long as all of the following conditions are met:

(1) the person is not primarily employed to provide services in Georgia;

(2) the employer is an armored car company which is appropriately licensed by this Board;

(3) the person is licensed with the armored car company in the state in which he or she is primarily employed;

(4) that state's licensing requirements meet minimal federal requirements; and,

(5) the person has met all other applicable requirements in their state of primary employment.

History

  • Authority: O.C.G.A. §§ 43-1-25, 43-1-33, 43-38-3(4), 43-38-6, 15 USCS § 5902
  • History. Original Rule entitled "Annual Record Checks" adopted. F. Apr. 5, 1996; eff. Apr. 25, 1996.
  • Amended: New title, "Armored Car Industry Reciprocity." F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-2-.09 Military Spouses and Transitioning Service Members {#sec-ga.-comp.-r.-regs.-r.-509-2-.09 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-2-.09}

(1) As used in this rule, the following terms shall mean:

a) "Board" means the Georgia Board of Private Detective and Security Agencies

b) "License" means any license issued by the Georgia Board of Private Detective and Security Agencies.

c) "Military" means the United States armed forces, including the National Guard.

d) "Military spouse" means a spouse of a service member or transitioning service member.

e) "Service member" means an active or reserve member of the armed forces, including the National Guard.

f) "Transitioning service member" means a member of the military on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.

(2) Effective July 1, 2017, military spouses and transitioning service members may qualify for expedited processing of the license application by showing that the applicant is a military spouse or transitioning service member and that the applicant has paid the fee and meets the requirements for a license under the law and rules for the type of license for which the applicant has applied.

History

  • Authority: OCGA §§ 43-1-19; 43-1-25; 43-1-34; 43-1-8; 43-38-6; 43-38-7; 43-38-7.1; 43-38-10; 43-38-10.1
  • History. Original Rule entitled "Military Spouses and Transitioning Service Members" adopted. F. Oct. 13, 2017; eff. Nov. 2, 2017.

Chapter 509-3 Instructors & Training Program Requirements

Ga. Comp. R. & Regs. r. 509-3-.01 Training {#sec-ga.-comp.-r.-regs.-r.-509-3-.01 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-3-.01}

Licensees and registrants shall be trained and instructed according to the training curriculum set out in this chapter, which training and instruction shall be provided by instructors certified by the Board.

(1) Employees shall be required to complete the training prior to providing private security or private detective services as set forth in 43-38-3(3) and (4). Record of board mandated training must be maintained in the employees' files and the employee must be provided a copy of the certificate of completion. Documentation of courses completed after January 1, 2022 require a five (5) year retention rate by the employer.

(2) Temporary employees hired for special events shall receive training prior to the events. (This rule applies only to the temporary employees of persons or corporation licensed by the Board.)

(3) The instruction provided to temporary employees shall comply with the requirements as established for the unarmed security personnel pursuant to the relevant rule of Georgia Board of private Detective and Security Agencies.

History

  • Authority: O.C.G.A. §§ 43-1-25; 43-38-4(d)(l), (3), 43-38-7(c)(l)(F)
  • History. Original Rule entitled "Unarmed Guards and Watchmen" was filed as Emergency Rule 509-3-0.3-.01 on July 24, 1981; effective July 20, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-3-0.3-.01 repealed and Emergency Rule 509-3-0.8-.01 entitled "Instructors," adopted. Filed October 13, 1981; effective October 7, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-3-0.8-.01 repealed and permanent Rule of the same title, adopted. Filed December 15, 1981; effective January 4, 1982.
  • Amended: F. Mar. 27, 1990; eff. Apr. 16, 1990.
  • Amended: F. Nov. 7, 1991; eff. Nov. 27, 1991.
  • Amended: F. Aug. 17, 1998; eff. Sept. 6, 1998.
  • Amended: New title, "Training." F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-3-.02 Basic Training Curriculum for Security Officers {#sec-ga.-comp.-r.-regs.-r.-509-3-.02 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-3-.02}

Effective January 1, 2022 a minimum of 24 hours of classroom instruction is required for all private security agency licensees and private security employees consisting of instruction in the following topics:

(1) Role of Private Security

(a) Crime Awareness and Prevention

(b) Private Security and the Criminal Justice System

(c) Ethics and Professionalism

(2) Legal Aspects

(a) Principal Misdemeanors and Felonies

(b) Overview of Title 43-38 as it relates to the Security Profession

(c) Overview of Board Rules 509 et al

(d) Arrest and Proper Use of Force

(e) Liability

(f) Courtroom testimony

(3) Patrol and Observation

(a) Patrol techniques (including but not limited to Koper Curve and directed patrol)

(b) Information gathering

(c) Crimes in progress

(d) Officer Safety

(e) Note taking and Report Writing

(4) Incident Response

(a) Responding to Emergencies

(b) Crowd control and evacuation

(c) Fire control and Prevention

(d) Hazardous Materials

(e) Bomb Threats and Terrorism

(f) Response to an Active Assailant

(g) Mental Health Awareness

(5) Security Resources

(a) CCTV Operation and Video Documentation

(b) Alarm systems

(c) Access Control

(d) Electronic Article Surveillance

(e) Working with Law Enforcement

(6) Customer Service Issues

(a) Public relations

(b) Interpersonal Communications

(7) First Aid Overview

History

  • Authority: O.C.G.A. §§ 43-1-25; 43-38-4(d)(1), (3), 43-38-6(b)(9)
  • History. Original Rule entitled "Armed Guards and Watchmen" was filed as Emergency Rule 509-3-0.3-.02 on July 24, 1981; effective July 20, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-3-0.3-.02 repealed and Emergency Rule 509-3-0.8-.02, entitled "Unarmed Guards and Watchmen" adopted. Filed October 13, 1981; effective October 7, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-3-0.8-.02 repealed and permanent Rule, of the same title, adopted. Filed December 15, 1981; effective January 4, 1982.
  • Amended:February 8, 1982; effective February 28, 1982.
  • Repealed: New Rule entitled "Basic Training Curriculum for Security Officers" adopted. F. Dec. 11, 2006; eff. Dec. 31, 2006.
  • Amended: F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-3-.03 Armed Security Officers {#sec-ga.-comp.-r.-regs.-r.-509-3-.03 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-3-.03}

Individuals who are registered pursuant to O.C.G.A. § 43-38-7 as armed employees of private security businesses must satisfy the training requirements set forth in 509-3-.10, in addition to the requirements set forth in 509-3-.02.

History

  • Authority: O.C.G.A. § 43-1-25; 43-38-4(d)(1), (3), 43-38-6(9), 43-38-7
  • History. Original Rule entitled "In-House Investigative Personnel" was filed as Emergency Rule 509-3-0.3-.03 on July 24, 1981; effective July 20, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-3-0.3-.03 repealed and Emergency Rule 509-3-0.8-.03, entitled "Armed Guards and Watchmen" adopted. Filed October 13, 1981; effective October 7, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-3-0.8-.03 repealed and permanent Rule, of the same title, adopted. Filed December 15, 1981; effective January 4, 1982.
  • Repealed: New Rule entitled "Armed Security Officers" adopted. F. Dec. 11, 2006; eff. Dec. 31, 2006.
  • Amended: F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-3-.04 Reserved {#sec-ga.-comp.-r.-regs.-r.-509-3-.04 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-3-.04}

History

  • Authority: O.C.G.A. Secs. 43-1-19, 43-1-25, 43-38-3, 43-38-4, 43-38-10.1
  • History. Original Rule entitled "Unarmed Private Detective Personnel" adopted as ER. 509-3-0.3-.04. F. July 24, 1981; eff. July 20, 1981, the date of adoption.
  • Amended: ER. 509-3-0.8-.04 entitled "In-House Investigative Personnel" adopted. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Repealed: New Rule of same title adopted. F. Apr. 5, 2002; eff. Apr. 25, 2002.
  • Repealed: Rule reserved. F. Dec. 12, 2006; eff. Jan. 1, 2007.
Ga. Comp. R. & Regs. r. 509-3-.05 Reserved {#sec-ga.-comp.-r.-regs.-r.-509-3-.05 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-3-.05}

History

  • Authority: O.C.G.A. Secs. 43-1-19, 43-1-25, 43-38-3, 43-38-4, 43-38-10.1
  • History. Original Rule entitled "Conceal-Armed Private Detective Personnel" adopted as ER. 509-3-0.3-.05. F. July 24, 1981; eff. July 20, 1981, the date of adoption.
  • Amended: ER. 509-3-0.8-.05 entitled "Unarmed Private Detective Personnel" adopted. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Repealed: New Rule of same title adopted. F. Apr. 5, 2002; eff. Apr. 25, 2002.
  • Repealed: Rule reserved. F. Dec. 12, 2006; eff. Jan. 1, 2007.
Ga. Comp. R. & Regs. r. 509-3-.06 Basic Training Requirements for Private Detectives {#sec-ga.-comp.-r.-regs.-r.-509-3-.06 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-3-.06}

(1) Effective July 1, 2022 a minimum of seventy (70) hours of classroom instruction is required for all private detective licensees and registered private detective employees consisting of instruction in the following topics:

(a) Course introduction

  1. Introduction to the Private Detective business and the types of investigations performed by the private detective

i. Role of the Private Detective

ii. Scope of practice and authority

  1. Overview of O.C.G.A. 43-38-(1-16) as it relates to the private detective business

i. Introduction to the Georgia State Board of Private Detective and Security Agencies Act

ii. Minimum qualifications for licensure and disqualifiers

iii. Application procedures

  1. Review of Georgia Private Detective and Security Agencies Administrative Board Rules

i. Organization (509-1)

ii. Minimum qualifications for licensure and issuance of licenses ( 509-2-.02 and 509-2-.03 )

iii. Training guidelines ( 509-3-.06 )

iv. Continuing Education Guidelines and Requirements ( 509-3-.12 )

v. Issuance of Weapons Permits by the board ( 509-4-.01 )

I. Concealed permit justifications

II. Annual re-qualifications requirements

III. Review of permitted weapons

IV. Weapon Discharge reports ( 509-4-.05 ) and review of forms

vi. Confusing names ( 509-4-.03 )

vii. Advertising and Promotional Materials ( 509-4-.08 )

viii. Change of address and location ( 509-6-.01 )

ix. Change in ownership ( 509-6-.02 )

(b) Criminal Procedure - An overview of O.C.G.A. Title 17, including but not limited to:

  1. An overview of the Georgia laws of Arrest

i. What constitutes an arrest (O.C.G.A. § 17-4-1 )

ii. Arrests without a warrant by law enforcement (O.C.G.A. § 17-4-20 )

iii. Warrants for Arrest (O.C.G.A. § 17-4-40 )

iv. Review of warrant affidavits and minimum requirements (O.C.G.A. § 17-4-41 )

v. Application procedures for warrants (O.C.G.A. § 17-4-47 )

vi. Limited detention by certain private individuals for certain offenses (O.C.G.A. § 17-4-80 )

  1. Search and Seizure - A review of relevant seizure laws as it relates to the profession. To include but not limited to:

i. An overview of the 4 th Amendment

ii. Relevant and updated case laws and court decisions

iii. Law enforcements role in obtaining search warrants and affidavits for warrants (O.C.G.A. § 17-5-20 )

iv. Execution of search warrants by law enforcement, no knock clauses and inventories

v. Legal standards for lawful seizures with or without a search warrant

(c) Georgia Criminal Law Overview

  1. Definition of a crime (O.C.G.A. § 16-2-1 )

  2. Define jurisdiction and venue

  3. Define the phrases "elements of the offense" and "corpus delicti"

  4. Instruction on principal misdemeanors and felonies relevant to the profession

  5. Defenses to criminal prosecution (O.C.G.A. §16-3-(1-6))

(d) Georgia Rules of Evidence - An overview as it relates to evidentiary rules of the courts under Title 24

  1. Define evidence and classifications of evidence (Direct, Real, Indirect, Circumstantial)

  2. Admissibility of evidence (Material, relevant and competent)

  3. Review of case laws (i.e. Mapp vs. Ohio and Exclusionary Rule)

  4. Hearsay evidence (O.C.G.A. § 24-8-802 )

  5. Character evidence

  6. The Best Evidence Rule

  7. Documentary evidence and authentication for court (O.C.G.A. §24-10-(1002-1007))

  8. Privileged communication (O.C.G.A. § 24-5-501 )

  9. Use of lay witnesses and expert witnesses (O.C.G.A. § 24-7-701 and O.C.G.A. § 24-7-702 )

(e) Interviewing Techniques and Methodology

  1. Instruction on proper methods of conducting an interview

i. Preparation

ii. Approaches and rapport building

iii. Documentation

  1. Interviews and interrogations

i. De-escalating a hostile witness

ii. Questioning techniques

iii. Indicators of deception

iv. Obtaining confessions and admissions

v. Admissibility of statements

(f) Documentation and Report writing

  1. Proper note taking and recording pertinent information

  2. Opinion vs. factual statements

  3. Elements of an effective investigative report

  4. Confidentiality and legal issues

  5. Submission guidelines and board rules (Board Rule 509-4-.06 )

(g) Overview of the United States Legal System

  1. Review the court system and jury trial procedure

  2. An overview of criminal law concepts

i. Burden of proof

ii. Beyond a reasonable doubt

  1. An overview of civil law concepts

i. Totality of circumstances

ii. Preponderance of evidence

  1. Review jurisdiction and venue as it relates to federal, state and local court systems

  2. Appellate Courts and the path of an appeal to the State and Federal Supreme court

(h) Courtroom Testimony

  1. Overview of relevant terms and definitions to include but not limited to:

i. Court personnel and their roles (i.e. Judge, Prosecutor, Public Defender, Court clerk, Court reports)

ii. Discovery

iii. Motions (i.e. Motions to dismiss, suppress evidence etc.)

iv. Grand Jury

v. Voir Dire Process

  1. Pre-trial responsibilities

  2. Preparation for court

  3. Appearance and demeanor in court

  4. Direct Examination and Cross Examination

  5. Steps to proper testimony under oath

(i) Sources of Information - Instruction on how to develop leads, conduct database searches and legal means of investigative research. Lecture must include but is not limited to:

  1. Use of investigative and proprietary databases

  2. Open source intelligence collection (OSINT)

  3. Government agencies

  4. The Freedom of Information and the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.)

i. Legal issues and exempt records

ii. Sample of a FOIA or open record request

  1. Instruction on how to conduct court records research

  2. Permissible purposes, privacy concerns, data breaches and compliance with the Graham Leech Bliley Act

(j) Surveillance and Observation- A minimum of four hours in the methodology of covert surveillance. Lecture must include but is not limited to:

  1. Preparation and advance work prior to surveillance

  2. Reasonable expectation of privacy and the Georgia Eavesdropping Act (O.C.G.A. § 16-11-60 et seq.)

  3. Criminal trespass and stalking statutes (O.C.G.A. § 16-7-21 and O.C.G.A. § 16-5-90 )

  4. Elements of surveillance (i.e. foot, mobile, stationary)

  5. Employing methods of surveillance

  6. Proper videography, documentation and reporting

  7. Counter surveillance techniques

(k) Undercover Operations - a review of methods used to perform undercover and covert investigations

  1. Developing the undercover strategy

  2. Information and planning the operation

  3. Operative selection and placement

  4. Evidence gathering

  5. Reporting guidelines and points of contact

  6. Operative extraction

  7. Safety guidelines and legal issues

(l) Incident and Crime scene analysis and investigation

  1. Overview of police procedures during crime scene processing

  2. Protection of the scene

  3. Sketching, photographing and documenting the scene

  4. Search methodology and evidence collection

  5. Chain of custody

  6. Modus Operandi

  7. Incident and Accident investigation (i.e. car accidents, falls, first report of injuries, workplace thefts)

  8. Solvability factors in criminal investigation

(m) Criminal Defense and Due Process Investigations

  1. Role of the private detective in the defense case

  2. Uncovering reasonable doubt

  3. 14 th Amendment protections

  4. Work product privilege

  5. Statutory justifications

(n) Missing Persons and Locating Individuals

  1. Methods of locating individuals

  2. Working with law enforcement agencies on missing persons

  3. Investigative techniques and sources of information

  4. Interference with custody and kidnapping laws

  5. Hague Convention

(o) Insurance Investigations

  1. A lecture that encompasses key terms used by special investigations units, claims adjusters and insurance clients that include but not limited to:

i. Subrogation

ii. Claimant

iii. Underwriter

iv. Agent

  1. Role of the Special Investigative Unit

  2. Insurance fraud indicators

  3. Workers compensation claims

  4. Slip and fall claims

  5. Auto accidents

  6. Property theft and premises liability

  7. Tort law

(p) Family law and domestic investigations

  1. Overview of Georgia divorce law (i.e. Ground for divorce, fault, no fault divorce etc.)

i. Documenting infidelity and evidence requirements

ii. Privacy issues and relevant laws

iii. Working with attorneys

  1. Child custody investigations

i. Factors in child custody disputes and best interests of the child (O.C.G.A. § 19-9-3 )

  1. Legal issues in surveillance, Georgia Eavesdropping act, relevant case laws, privacy and precedent

(q) Specialized investigations - Lecture overview of specialized areas of the private detective practice

  1. Due diligence investigations

  2. Background investigations

i. Permission waivers

ii. Compliance with the Fair Credit Reporting Act

  1. Corporate Investigations

  2. Computer Crime Investigation

  3. Retail security

(r) Protective security

  1. Threat assessment investigations

  2. Overview of client protection

  3. Review of conducting an advance

  4. Formations and performing details

(s) Case management

  1. Client intake procedures

  2. Case file organization

  3. Case presentations to clients

(t) Business Acumen

  1. Advertising and marketing (Board Rule 509-4-.08 )

  2. Client relations and customer service

  3. Contracts and retainer agreements

  4. Invoicing and billing

  5. Setting fees for services

  6. Investigative Reports (Board Rule 509-4-.06 )

  7. Using subcontractors

  8. Confidentiality and privacy

(u) Investigative Ethics

  1. Transparency

  2. Client communications

  3. Avoiding conflict of interest

  4. Understanding ethical obligations

(v) a two hour examination should be given at the completion of the course covering all subjects, a minimum passing score of 75% being one of the requirements for qualification. These records shall be subject to inspection, upon request by the Board or its representative.

(2) In addition to the requirements in paragraph (1), all private detective license holders and registered private detective employees who will be authorized to carry a handgun must complete the applicable firearms training curriculum as set forth in Board Rules 509-3-.08 and/or 509-3-.10 .

History

  • Authority: O.C.G.A. §§ 43-1-25, 43-38-4(d)(1), (3), 43-38-6(9), 43-38-7(b)(1), 43-38-10.1(b)(1)
  • History. Original Rule entitled "Concealed-Armed Private Detective Personnel" was filed as Emergency Rule 509-3-0.8-.06 on October 13, 1981; effective October 7, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-3-0.8-.06 repealed and permanent Rule of same title adopted. Filed December 15, 1981; effective January 4, 1982.
  • Repealed: New Rule of same title adopted. F. Apr. 5, 2002; eff. Apr. 25, 2002.
  • Repealed: New Rule entitled "Basic Training Requirements for Private Detectives" adopted. F. Dec. 12, 2006; eff. Jan. 1, 2007.
  • Amended: F. July 6, 2022; eff. July 26, 2022.
  • Note: Correction of non-substantive typographical errors, subparagraphs (1)(a)2. and (1)(b), "OCGA" to "O.C.G.A."; subparagraph (1)(a)3. ii, " 509-2-.02" to " 509-2-.02"; subparagraph (1)(m)3., "amendment" to "Amendment"; subparagraph (1)(n)4., "interference" to "Interference", as requested by the Board. Effective September 12, 2022.
Ga. Comp. R. & Regs. r. 509-3-.07 Instructor Requirements, Certificate of Completion {#sec-ga.-comp.-r.-regs.-r.-509-3-.07 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-3-.07}

(1) Instructors for Basic Training Programs shall be approved by the Board.

(2) Instructor applicants must meet one (1) of the following qualifications:

(a) minimum four (4) years' supervisory experience with a contract or in-house security organization; or

(b) minimum of four (4) years' experience as a licensed private detective agency operator;

(c) minimum four (4) years' experience with a law enforcement agency in an investigative capacity; or

(d) minimum of four (4) years' private sector experience in an investigative capacity; or

(e) other experience or education comparable to (a) through (d) above which may qualify the applicant for approval, at the sole discretion of the Board.

(3) Instructor applicants shall complete and submit an application on a form provided by the Board, along with a non-refundable fee as noted on the Fee Schedule.

(4) Instructor applicants shall submit, along with the application, a resume and a lesson plan which is descriptive of content to be included in each block of instruction and the amount of time allotted for each block of instruction. A simple outline or listing of blocks of instruction shall not be deemed a sufficiently detailed description to qualify as a lesson plan.

(5) Accompanying their application, Instructor applicants shall submit appropriate notarized documentation regarding their qualifications to the Board verifying that such applicant is qualified to teach the initial basic training program as outlined in these rules. Such documentation shall include:

(a) applicant's education, training, and experience relevant to instructing;

(b) previous courses taught by applicant;

(c) applicant's work experience;

(6) Approved firearms and classroom instructors must be re-approved by the Board no later than June 30 of odd years. A penalty fee will be imposed on instructors renewing their license between July 1 and July 31 of the renewal period. A new application must be submitted for Board consideration for those licenses which have not been renewed by July 31 of the renewal period and wish to reinstate their license.

(7) Instructors shall retain all training records, including but not limited to class rosters, handouts, and test results, for a minimum of five (5) years. Licensed private detective and private security businesses shall also retain copies of employee certificates of completion. Registrants employed by private detective or private security businesses shall also retain copies of their certificates of completion.

(8) Instructors shall present a certificate of completion to each participant upon successful completion of training and continuing education courses.

(a) The certificate of completion must include the name of the participant, name of entity providing training, date(s) of training, course topic(s), number of actual hours of training conducted (and when different, the number of continuing education hours awarded), printed or typed name and signature of licensed instructor or licensed facilitator, and the instructor's or facilitator's full license number as issued by the Board.

(b) Use of the Georgia Board of Private Detective and Security Agencies seal or Georgia Secretary of State seal on a certificate of completion is prohibited.

History

  • Authority: O.C.G.A. § 43-38-4(d), 43-38-10.1
  • History. Original Rule entitled "Certification of Instructors" adopted as ER. 509-3-0.8-.07. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Amended: F. Aug. 27, 1991; eff. Sept. 16, 1991.
  • Amended: F. Aug. 10, 1992; eff. Aug. 30, 1992.
  • Repealed: New Rule of same title adopted. F. Apr. 5, 2002; eff. Apr. 25, 2002.
  • Repealed: New Rule of same title adopted. F. Mar. 29, 2005; eff. Apr. 18, 2005.
  • Amended: New title, "Instructor Requirements, Certificate of Completion." F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-3-.08 Shotgun Training {#sec-ga.-comp.-r.-regs.-r.-509-3-.08 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-3-.08}

(1) Instructors shall train and qualify personnel authorized to carry a shotgun according to a course of fire acceptable to the Board. A minimum passing score of 80% must be achieved on a written exam, demonstrating an appropriate level of knowledge about the safe and competent operation of a shotgun. A minimum passing score of 80% must be achieved on the firing range, proctored by a firearms instructor licensed by the Board. All armed personnel must comply with the requirements of Board Rule 509-4-.01 .

(2) Agencies using 12 gauge riot-type shotgun, or other type of shotgun approved by the Board, shall provide training to personnel authorized to carry a shotgun according to the Board-approved curriculum prior to issuance of a weapon. A minimum of two hours of additional classroom training is required in a basic shotgun training program as follows: (a) History of Shotgun 15 minutes (b) The Modern Shotgun 15 minutes 1. General Description (i) The Pump Shotgun (Slide Action) (ii) The Automatic Shotgun (Self Loader) (c) The Police Shotgun 15 minutes 1. Shotgun Parts (i) Stock (ii) The Shotgun Action (I) The Self-Loader (II) Slide Action (iii) Barrels (I) Length (II) Bore Size (III) Choke (d) Shotgun Ammunition 15 minutes 1. Components of the Shotshell (i) Shot sizes, description of (ii) Penetration (iii) Spread (e) Why the Shotgun is used 15 minutes (f) Shooting Position and Techniques 30 minutes 1. Standing Position 2. Kneeling Position 3. Sitting Position 4. Prone Position 5. Skip Firing (g) Safety 15 minutes 1. Carrying or holding the Shotgun 2. Proper cleaning, storage, and transport

History

  • Authority: O.C.G.A. §§ 43-38-4(d), 43-38-10, 43-38-10.1
  • History. Original Rule entitled "Firearms Training" adopted as ER. 509-2-0.8-.08. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Amended: F. Feb. 8, 1982; eff. Feb. 28, 1982.
  • Amended: F. Jan. 23, 1985; eff. Feb. 12, 1985.
  • Amended: F. Jan. 29, 1990; eff. Feb. 18, 1990.
  • Repealed: New Rule of same title adopted. F. Mar. 29, 2005; eff. Apr. 18, 2005.
  • Repealed: New Rule entitled "Shotgun Training" adopted. F. Dec. 12, 2006; eff. Jan. 1, 2007.
  • Amended: F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-3-.09 Annual Training {#sec-ga.-comp.-r.-regs.-r.-509-3-.09 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-3-.09}

For compliance with the Armored Car Industry Reciprocity Act of 1993, affected licensees may elect to receive annual classroom and range training in weapons safety and marksmanship. This training must be provided by a qualified training instructor. Written confirmation of the licensee's compliance with the annual training requirements must be submitted to the Board for each affected individual no later than December 31st annually.

History

  • Authority: O.C.G.A. Secs. 43-38-4, 43-38-10.1
  • History. Original Rule entitled "Annual Training" adopted. F. Apr. 5, 1996; eff. Apr. 25, 1996.
Ga. Comp. R. & Regs. r. 509-3-.10 Handgun Training {#sec-ga.-comp.-r.-regs.-r.-509-3-.10 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-3-.10}

(1) This curriculum is intended to meet the minimum requirements of the Georgia Board of Private Detective and Security Agencies. A minimum passing score of 80% must be achieved on a written exam addressing the topics listed below in subparagraphs (a), (b), (1) (i), (1) (ii), (1) (iii), and (c), proctored by a firearms instructor licensed by the Board. A minimum passing score of 80% must be achieved on the firing range, and range testing must be proctored by a firearms instructor licensed by the Board. All armed personnel must comply with the requirements of Board Rule 509-4-.01.

(2) The holder of a weapon permit must qualify with the same type of weapon carried. Two (2) strings of 48 rounds must be fired; the higher score will be used for qualification , with a minimum qualifying score of 80%. A minimum of 15 hours of instruction is required for handgun training, and shall be administered by an instructor who is licensed by the Board, consisting of instruction in the following topics:

(a) One (1) hour of instruction in the use of deadly force. The instruction shall include Georgia Laws 16-3-21 & 17-4-20, Official Code of Georgia Annotated;

(b) Two (2) hours of instruction in liability issues. The instruction shall include Georgia Laws 16-1-3(5), 16-1-3(6), Title 42, USC Sec. 1983;

  1. Three (3) situations covering issues which justify use of deadly force, to include

(i) Defense of self from great bodily harm of death;

(ii) Defense of a third person from great bodily harm of death; and

(iii) To prevent the commission of a forcible felony.

(c) One (1) hour of instruction in ballistics to include selecting the proper ammunition and factors that affect trajectory, over-penetration and ricochet;

(d) Three (3) hours of instruction in types of handguns to include:

  1. Nomenclature;

  2. Selection of a handgun;

  3. Selection of proper ammunition;

  4. Care and cleaning of a handgun;

  5. Proper techniques for storage, loading and unloading a handgun;

  6. Selection of the proper holster and equipment for your weapon;

  7. Weapon retention techniques.

(e) Eight (8) hours of instruction in firearm range qualifications to include

  1. Proper stance;

  2. Proper selection of holster;

  3. Proper grip and draw;

  4. Sight alignment, sight picture, and trigger control;

  5. Firearm range safety;

  6. Range procedures and rules of conduct;

  7. Course of fire as set by instructor to include, but not limited to, the following: Distance Rounds 3 Yards 24 7 Yards 18 15 Yards 6

History

  • Authority: O.C.G.A. §§ 43-38-4(d), 43-38-10, 43-38-10.1
  • History. Original Rule entitled "Firearm Training Curriculum for Revolvers" adopted. F. May 28, 1998; eff. June 17, 1998.
  • Repealed: New Rule entitled "Firearm Training Curriculum for Handguns" adopted. F. May 17, 2005; eff. June 6, 2005.
  • Repealed: New Rule of same title adopted. F. Dec. 12, 2006; eff. Jan. 1, 2007.
  • Amended: F. Jan. 31, 2014; eff. Feb. 20, 2014.
  • Amended: New title, "Handgun Training." F. July 6, 2022; eff. July 26, 2022.
Ga. Comp. R. & Regs. r. 509-3-.11 Repealed {#sec-ga.-comp.-r.-regs.-r.-509-3-.11 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-3-.11}

History

  • Authority: O.C.G.A §§ 43-38-4 and 50-13-9
  • History. Original Rule entitled "Firearm Training Curriculum for Semi-Automatic Pistols" adopted. F. May 28, 1998; eff. June 17, 1998.
  • Repealed: F. Jan. 31, 2014; eff. Feb. 20, 2014.
Ga. Comp. R. & Regs. r. 509-3-.12 Continuing Education Requirements; Exemptions; Providers {#sec-ga.-comp.-r.-regs.-r.-509-3-.12 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-3-.12}

(1) Registered employees must comply with continuing education requirements contained in this rule in order to renew their registration.

(2) Private detective and security employees renewing their license for the first time since the license was initially granted are exempt from the continuing education requirement for that first renewal period.

(3) Registered security employees must have eight (8) hours of continuing education prior to their registration renewal. Registered private detective employees must have sixteen (16) hours of continuing education prior to their registration renewal. Employees registered as private detective and security guards must have sixteen (16) hours of continuing education prior to their registration renewal. Continuing education requirements shall include:

(a) Security Continuing Education: two (2) hours in Homeland Security, to include indicators of terrorism, and cooperation with Homeland Security agencies; two (2) hours in Firearms-related training; four (4) hours in industry-related training.

(b) Private Detective Continuing Education: two (2) hours in Homeland Security, to include indicators of terrorism, and cooperation with Homeland Security agencies; two (2) hours in ethics; twelve (12) hours in industry-related training, which may include up to four (4) hours of firearms-related training.

(4) Acceptable Continuing Education Providers. An Acceptable Continuing Education Provider (ACEP) is defined as any individual, organization, institution, association, firm, or other entity that provides ongoing training services to the private detective or security profession that directly relates to the scope of practice.

(a) Training provided by ACEPs must be facilitated by or provided by an instructor licensed by the Board, unless otherwise noted in this section.

(b) The Board may, at its discretion, request continuing education course documentation be submitted to the Board for review.

(c) Companies that have developed continuing education courses to provide training solely for their own registered employees are exempt from (a) of this section.

(d) Entities providing training for profit that meet the criteria as listed in Rule 509-3-.12(4) must maintain an attendance sheet or roster that is signed or initialed by the participant and have a written agenda or lesson plan that covers the subject matter presented. Electronic signatures are acceptable for distance learning purposes.

(e) The Board will accept continuing education hours for instruction provided by legitimate state and national private detective and/or security associations which are properly incorporated and in good standing with the appropriate incorporating body. These associations are exempt from (a) of this section.

(5) A certificate of completion must be presented to each participant upon successful completion of the training in accordance with Rule 509-3-.01 .

(6) It is the responsibility of the registrant and the registrant's employer to provide proof to the Board, upon request, of completion of the required continuing education hours. Providers must retain records of training and instruction for a minimum of five (5) years. The Board reserves the right to conduct an audit of registered employees to determine compliance with continuing education requirements. Proof of continuing education hours should only be submitted to the Board when a licensee has been selected for a CE audit.

(7) In the sole discretion of the Board, waivers of the requirement of continuing education may be granted in cases of hardship, disability, illness, or under such circumstances as the Board deems appropriate. Such waiver must be requested in writing to the Board and must be accompanied by acceptable documentation.

(8) Licensees or registrants with a valid peace officer certification issued pursuant to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," may meet the continuing education requirements by showing proof of having completed P.O.S.T. mandated in-service hours, including but not limited to training on ethics, homeland security, and weapons requalification.

History

  • Authority: O.C.G.A. §§ 43-38-4(d), 43-38-7, 43-38-7.1, 43-38-14(b)
  • History. Original Rule entitled "Continuing Training Requirements" adopted. F. Apr. 5, 2002; eff. Apr. 25, 2002.
  • Repealed: F. Dec. 8, 2003; eff. Dec. 28, 2003.
  • Amended: New Rule entitled "Continuing Education" adopted. F. Dec. 12, 2006; eff. Jan. 1, 2007.
  • Amended: New title, "Continuing Education Requirements; Exemptions; Providers." F. July 6, 2022; eff. July 26, 2022.

Chapter 509-4 Safety and Conduct of Licensees and Registrants

Ga. Comp. R. & Regs. r. 509-4-.01 Weapons {#sec-ga.-comp.-r.-regs.-r.-509-4-.01 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-4-.01}

(1) No person licensed by the Board to carry a firearm shall carry any firearm which is not in operable condition and capable of firing live ammunition, and when carrying such a weapon, the licensee shall have on his person live ammunition capable of being fired in the weapon which he carries.

(2) No person licensed or registered by the Board to provide security services shall carry a firearm except while providing actual security services on behalf of their employer or while going directly to and from work. Under no condition shall a licensee, registrant or employee or agent of a licensee carry any sort of firearm or have anyone accompanying them who is carrying a firearm while soliciting new or prospective clients.

(3) The issuance of an exposed weapons permit shall authorize the holder of such permit to carry a revolver of no greater caliber than a .357, or to carry a semi-automatic handgun of no greater caliber than .45. The applicant for a weapon permit must submit proof of range and classroom training for the caliber weapon carried. Classroom training must be conducted using a Board-approved curriculum, except for any person with a valid peace officer certification issued pursuant to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," who is employed by or works as an independent contractor for a Private Security company, pursuant to O.C.G.A. § 43-38-14 .

(a) The holder of a weapon permit may be authorized to carry a shotgun upon request in writing to the Board. Such request shall include supporting justification and reasons for the need to carry such weapon;

(b) The holder of a weapons permit who has been authorized to carry a shotgun must submit proof of two (2) hours of classroom instruction within the past two (2) years to include mechanics of the shotgun, components of the shot-shell, penetration power of the shotgun and safe handling of the shotgun.

(4) The issuance of a concealed weapons permit shall authorize the holder of such permit to carry a revolver of no greater caliber than a .357, or to carry a semi-automatic handgun of no greater caliber than a .45. The holder of a concealed weapon permit must submit proof of firing range score for the caliber weapon carried.

(5) The holder of any weapon permit issued by the Board must qualify annually with the weapon carried or assigned. Proof of range scores must be retained by the license holder or agency.

History

  • Authority: O.C.G.A. §§ 43-38-4(d)(3), (4), (10), 43-38-10(c), (d), 43-38-14(b)
  • History. Original Rule entitled "Weapons" adopted as ER. 509-4-0.4-.01. F. July 24, 1981; eff. July 20, 1981, the date of adoption.
  • Amended: ER. 509-4-0.9-.01 of same title adopted. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Amended: F. Jan. 23, 1985; eff. Feb. 12, 1985.
  • Amended: F. Dec. 27, 1989; eff. Jan. 16, 1990.
  • Amended: F. Aug. 17, 1998; eff. Sept. 6, 1998.
  • Repealed: New Rule of same title adopted. F. May 17, 2005; eff. June 6, 2005.
  • Repealed: New Rule of same title adopted. F. Dec. 12, 2006; eff. Jan. 1, 2007.
  • Amended: F. Nov. 4, 2022; eff. Nov. 24, 2022.
  • Note: Correction of non-substantive typographical error recently discovered by the Board, subparagraph number "(3)(c)" deleted to reflect Rule as originally filed on November 4, 2022. Subparagraph "(3)(c)" was a migration error which occurred during Administrative Procedure processing; and the subparagraph appeared blank on the Rules and Regulations prior to this correction. Effective September 18, 2024.
Ga. Comp. R. & Regs. r. 509-4-.02 Uniforms {#sec-ga.-comp.-r.-regs.-r.-509-4-.02 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-4-.02}

(1) A uniform is defined as any visible attire worn by any person engaged in the private security business as defined in O.C.G.A 43-38-3(4) .

(2) Security personnel, armed or unarmed, shall be required to wear a uniform which clearly identifies them as security personnel by conspicuously displaying the name of the company under which the license has been issued.

(3) A uniform worn by any security personnel, armed or unarmed, who is engaged in the private security business shall not have the words "Security" on the uniform, unless the name of the company with whom the security personnel is employed is adjacent to those words on the uniform. The use of the word "Enforcement" on uniforms is prohibited.

(4) Security personnel, armed or unarmed, engaged in the private security business working in an undercover capacity are exempt from paragraph (2) of this rule unless they are carrying an exposed weapon.

History

  • Authority: O.C.G.A. §§ 16-10-23, 43-38-4(d)(4), 43-38-7(f), 43-38-11(a)(8), 43-38-2, 43-1-19(a)(8)
  • History. Original Rule entitled "Uniforms" adopted as ER. 509-4-0.4-.02 . F. July 24, 1981; eff. July 20, 1981, the date of adoption.
  • Amended: ER. 509-4-0.9-.02 of same title adopted. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Amended: F. July 1, 1993; eff. July 21, 1993.
  • Amended: F. Oct. 2, 1997; eff. Oct. 22, 1997.
  • Amended: F. Dec. 9, 2022; eff. Dec. 29, 2022.
Ga. Comp. R. & Regs. r. 509-4-.03 Confusing Names; Similar Names {#sec-ga.-comp.-r.-regs.-r.-509-4-.03 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-4-.03}

(1) No private detective or security agency will be approved for licensure if the Board determines that the agency's name is likely to create the impression that the agency is a public law enforcement agency or government entity.

(2) No private detective or security agency will be approved for licensure if the agency's name includes the word "police", "enforcement", or "federal".

(3) Licensed private detective and security companies shall operate only under the name in which the license was issued.

History

  • Authority: O.C.G.A. §§ 43-38-6(a)(9), 43-38-2
  • History. Original Rule entitled "Confusing Names" adopted as ER. 509-4-0.4-.03 . F. July 24, 1981; eff. July 20, 1981, the date of adoption.
  • Amended: ER. 509-4-0.9-.03 of same title adopted. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Amended: F. May 28, 1998; eff. June 17, 1998.
  • Amended: New title, "Confusing Names; Similar Names." F. Dec. 9, 2022; eff. Dec. 29, 2022.
Ga. Comp. R. & Regs. r. 509-4-.04 Motor Vehicles {#sec-ga.-comp.-r.-regs.-r.-509-4-.04 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-4-.04}

(1) Vehicles used in the private security business, engaged in security patrol, or operated or occupied by uniformed personnel must have the name of the security company and its company license number prominently displayed on the vehicle.

(2) Vehicles used in the private security business may display flashing or revolving amber lights after obtaining authorization from the Board of Public Safety. The licensee shall obey all the rules and regulations of the Department of Public Safety. Pursuant to O.C.G.A. Section 40-8-92 , a security motor vehicle may use amber lights as caution or warning devices, but may not use the amber lights to respond to emergency situations.

(3) A peace officer, as defined in O.C.G.A. 35-8-2(8)(a) , who is certified and in good standing with the Georgia Peace Officer Standards and Training Council, pursuant to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," whom is employed on a part-time basis for a licensed private security business or works as an independent contractor for a licensed private security business with the approval of the law enforcement agency for who he or she is currently employee, may utilize their government issued vehicle and may be exempt from paragraph (1) of this rule.

History

  • Authority: O.C.G.A. §§ 43-38-2, 43-38-6(a)(9), 43-1-19(a)(8), 43-38-2, 40-8-90
  • History. Original Rule entitled "Motor Vehicles" adopted as ER. 509-4-0.4-.04 . F. July 24, 1981; eff. July 20, 1981, the date of adoption.
  • Amended: ER. 509-4-0.9-.04 of same title adopted. F. Oct. 13, 1981; eff. Oct. 7, 1981, the date of adoption.
  • Amended: Permanent Rule of same title adopted. F. Dec. 15, 1981; eff. Jan. 4, 1982.
  • Amended: F. Nov. 7, 1991; eff. Nov. 27, 1991.
  • Amended: F. Dec. 9, 2022; eff. Dec. 29, 2022.
Ga. Comp. R. & Regs. r. 509-4-.05 Weapons Discharge Report {#sec-ga.-comp.-r.-regs.-r.-509-4-.05 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-4-.05}

Any time a registrant who is a holder of a weapon permit issued by this Board discharges a firearm while on duty, other than on a supervised range, the licensed company for whom the registrant is employed shall immediately report to the Board the circumstances surrounding the discharge of the weapon by the registrant. The report shall be made within ten (10) business days of the date of discharge and shall be made on forms provided by the Board.

History

  • Authority: O.C.G.A. § 43-38-4(a)(3), (4), (7)
  • History. Original Rule entitled "Weapons Discharge Report" was filed on January 23, 1985; effective February 12, 1985.
  • Amended: F. Feb. 10, 2023; eff. Mar. 2, 2023.
Ga. Comp. R. & Regs. r. 509-4-.06 Investigative Reports to Clients {#sec-ga.-comp.-r.-regs.-r.-509-4-.06 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-4-.06}

When requested by the client, reports of investigations shall be submitted in writing, along with a detailed accounting of investigative fees. Unless otherwise agreed upon in writing, the reports shall be submitted within thirty (30) days after the completion of the investigation.

History

  • Authority: O.C.G.A. § 43-38-4(d)(4)
  • History. Original Rule entitled "Reports" adopted. F. Sept. 26, 1996; eff. Oct. 16, 1996.
  • Repealed: New Rule of same title adopted. F. May 16, 2005; eff. June 5, 2005.
  • Amended: New title, "Investigative Reports to Clients." F. Dec. 9, 2022; eff. Dec. 29, 2022.
Ga. Comp. R. & Regs. r. 509-4-.07 Repealed {#sec-ga.-comp.-r.-regs.-r.-509-4-.07 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-4-.07}

History

  • Authority: O.C.G.A. § 43-38-4(d)(3)
  • History. Original Rule entitled "Similar Names" adopted. F. Oct. 2, 1997; eff. Oct. 22, 1997.
  • Repealed: F. Aug. 1, 2023; eff. Aug. 21, 2023.
Ga. Comp. R. & Regs. r. 509-4-.08 Advertising and Promotional Materials {#sec-ga.-comp.-r.-regs.-r.-509-4-.08 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-4-.08}

Advertising material distributed or published by a private detective agency or security agency must display the agency license number as issued by the Board.

History

  • Authority: O.C.G.A. §§ 43-38-2, 43-38-4(d)(3), (4)
  • History. Original Rule entitled "Advertising and Promotional Materials" adopted. F. Dec. 12, 2006; eff. Jan. 1, 2007.
  • Amended: F. Jan. 6, 2023; eff. Jan. 26, 2023.

Chapter 509-5 Procedural Rules

Ga. Comp. R. & Regs. r. 509-5-.01 Procedural Rules {#sec-ga.-comp.-r.-regs.-r.-509-5-.01 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-5-.01}

The Georgia Board of Private Detective and Security Agencies hereby adopts by reference as its permanent rules Chapters 295-3 through 295-13, and any future amendments thereto, Rules and Regulations of the Office of Joint Secretary, State Examining Boards, relating to Procedure for Hearings before the several State Examining Boards.

History

  • Authority: Ga. L. 1981, pp. 1828, 1832
  • History. Original Rule entitled "Procedural Rules" was filed as Emergency Rule 509-5-.01 on July 24, 1981; effective July 20, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-5-0.5-.01 repealed and Emergency Rule 509-5-0.10-.01, of the same title, adopted. Filed October 13, 1981; effective October 7, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
  • Amended: Emergency Rule 509-5-0.10-.01 repealed and permanent Rule, of the same title, adopted. Filed December 15, 1981; effective January 4, 1982.

Chapter 509-6 Changes

Ga. Comp. R. & Regs. r. 509-6-.01 Change of Location {#sec-ga.-comp.-r.-regs.-r.-509-6-.01 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-6-.01}

In the event the location of the business is changed, the licensee shall notify the Board, within 30 days, of the new business location and shall submit any appropriate documents as required by the Board.

History

  • Authority: O.C.G.A. Sec. 43-38-4
  • History. Original Rule entitled "Change of Location" adopted. F. Mar. 27, 1990; eff. Apr. 16, 1990.
Ga. Comp. R. & Regs. r. 509-6-.02 Change in Ownership {#sec-ga.-comp.-r.-regs.-r.-509-6-.02 omnilex-key=us-ga-regs-official--department-509--Ga. Comp. R. & Regs. r. 509-6-.02}

When a change in the ownership of a firm, association, company, partnership, or corporation occurs, the following shall be submitted to the Board within thirty (30) days from the change in ownership:

(a) A new application for licensure; and

(b) An application for transfer of all employees.

History

  • Authority: O.C.G.A. Sec. 43-38-4
  • History. Original Rule entitled "Change in Ownership" adopted. F. Aug. 10, 1992; eff. Aug. 30, 1992.

Continue sua pesquisa no ChatGPT ou Claude

Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.