32-2601. Definitions

In this chapter, unless the context otherwise requires:

1. " Advertising" means submitting bids, contracting or making known by any public notice, publication or solicitation of business, directly or indirectly, that services regulated under this chapter are available for consideration.

2. " Agency license" means a certificate that is authenticated by the department and that attests that a qualifying party is authorized to conduct the business of private security guard service in this state.

3. " Applicant" means a person who has submitted a completed application and all required application and fingerprint processing fees.

4. " Armed security guard" means a registered security guard who wears, carries, possesses or has access to a firearm at any time during the course of employment.

5. " Associate" means a person who is a partner or corporate officer in a security guard agency.

6. " Board" means the private investigator and security guard hearing board established by section 32-2404.

7. " Conviction" means an adjudication of guilt by a federal, state or local court resulting from trial or plea, including a plea of no contest, regardless of whether or not the adjudication of guilt was set aside or vacated.

8. " Department" means the department of public safety.

9. " Director" means the director of the department of public safety.

10. " Emergency action" means a summary suspension of a license pending revocation, suspension or probation in order to protect the public health, safety or welfare.

11. " Employee" means an individual who works for an employer, is listed on the employer's payroll records and is under the employer's direction and control.

12. " Employer" means a person who is licensed pursuant to this chapter, who employs an individual for wages or salary, who lists the individual on the employer's payroll records and who withholds all legally required deductions and contributions.

13. " Firearms safety training instructor" means a person who provides classroom and range instruction to applicants for armed security guard certification.

14. " Identification card" means a card issued by the department to a qualified applicant for an agency license, to an associate or to a registrant.

15. " Letter of concern" means an advisory letter to notify a licensee or registrant that while there is insufficient evidence to support probation, suspension or revocation of a license or registration the department believes the licensee or registrant should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the person's license or registration.

16. " Licensee" means a person to whom an agency license is granted pursuant to article 2 of this chapter.

17. " Private security guard service" means any agency, individual or employer in the business of furnishing to the public for hire, fee or reward dogs, watchmen, patrol services, private security guards or other persons to protect human life or to prevent the theft or the misappropriation or concealment of goods, wares, merchandise, money, bonds, stocks, notes, choses in action or other property, valuable documents, papers and articles of value.

18. " Proprietary company" means a company that employs security guards or armed security guards solely for use of and service to itself and not for others.

19. " Qualifying party" means the individual who meets the qualifications under this chapter for an agency license.

20. " Registrant" means an employee of a licensed agency who is qualified to perform the services of a security guard.

21. " Registration certificate" means a certificate that is authenticated by the department and that attests that an employee of a business holding an agency license has satisfactorily complied with article 3 of this chapter.

22. " Restructuring" means any change in a business' legal status.

23. " Security guard" means any person employed by a private security guard service or proprietary company as a watchman, patrolman, bodyguard, personal protection guard or private security guard or any other person who performs security guard services, but does not include any regularly commissioned police or peace officer or railroad police appointed pursuant to section 40-856.

24. " Security guard training instructor" means a person who provides instruction to applicants for unarmed security guard certification.

25. " Unprofessional conduct" means any of the following:

(a) Engaging or offering to engage by fraud or misrepresentation in activities regulated by this chapter.

(b) Aiding or abetting a person who is not licensed or registered pursuant to this chapter in representing that person as a security guard in this state.

(c) Gross negligence in the practice of a security guard.

(d) Failing or refusing to maintain adequate records on a client containing at least sufficient information to identify the client, the dates of service, the fee for service and the payments for service.

(e) Committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension or revocation of a security guard agency license or employee registration certificate. In all cases, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission.

(f) Making a fraudulent or false statement to the department, the board or the department's investigators, staff or consultants.