53-19 - Certification of Private Law Enforcement Agency
Title 53 > 53-19
Sections (9)
General Provisions
53-19-101 - Title.
This chapter is known as “Certification of Private Law Enforcement Agency.”
Enacted by Chapter 349, 2021 General Session
53-19-102 - Definitions.
As used in this chapter:
(1) “Division” means the Peace Officer Standards and Training Division created in Section 53-6-103.
(2) “Formal action” against a private law enforcement agency includes: placing a private law enforcement agency on probation;extending the probation of a private law enforcement agency; orrevoking the certification of a private law enforcement agency.
(3) “Informal action” against a private law enforcement agency includes: an oral or written warning;a written reprimand; ora written order to remedy noncompliance with a provision of this chapter, which may include a deadline for compliance and verification of compliance.
(4) “Private law enforcement agency” means a law enforcement agency operated by, and at, a private institution of higher education.
Enacted by Chapter 349, 2021 General Session
53-19-103 - Rulemaking authority.
The commissioner shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , establishing:
(1) the forms and process to apply for certification of a private law enforcement agency;
(2) methods for the commissioner, the department, or the division to obtain, review, use, and protect, any and all records of, or directly related to, a private law enforcement agency;
(3) requirements for the conduct of a formal hearing under Part 3, Enforcement, including requirements for proceedings, discovery, subpoenas, and witnesses;
(4) requirements for verifying compliance with the terms of probation;
(5) audit procedures;
(6) requirements for the contents of a policies and procedures manual of a private law enforcement agency; and
(7) requirements for the operation of a private law enforcement agency.
Enacted by Chapter 349, 2021 General Session
Private Law Enforcement Agencies
53-19-201 - Certification of private law enforcement agency.
(1) A private institution of higher education may operate a private law enforcement agency if the private law enforcement agency is certified by the commissioner.
(2) A private law enforcement agency certified before May 5, 2021: is not required to apply for an initial certification under Subsection (4); andretains the private law enforcement agency’s certification, unless the commissioner revokes the certification in accordance with this chapter.
(3) A private law enforcement agency that is not certified before May 5, 2021: is required to apply for initial certification under Subsection (4); andretains the private law enforcement agency’s certification, unless the commissioner revokes the certification in accordance with this chapter.
(4) To receive initial certification for a private law enforcement agency, the private institution of higher education seeking the certification shall submit to the department an application for certification, designed by the department, that includes: a description of the proposed private law enforcement agency, including the number of officers that the private law enforcement agency intends to initially employ;the command structure for the proposed private law enforcement agency;the private law enforcement agency’s proposed policies and procedures manual; andany other information required by the commissioner, by a rule described in Section 53-19-103.
(5) The department shall, within 90 days after the day on which the department receives a completed application for certification described in Subsection (4), grant or deny the application.
(6) The commissioner shall: grant an application for certification of a private law enforcement agency, if:the application is complete;the proposed policies and procedures manual complies with Section 53-19-203, including the rules described in Section 53-19-103;the proposed private law enforcement agency will be organized and operated in a manner that is consistent with the requirements of law, the requirements of administrative rules, and best practices; andthe private institution of higher education submitting the application has never had certification of a private law enforcement agency revoked by the commissioner; andadvise and consult with the applicant to cure any barriers to obtaining certification.
(7) The commissioner shall grant an application for certification of a private law enforcement agency whose certification was previously revoked if: the private institution of higher education applying for certification:complies with the provisions described in Subsections (6)(a)(i) through (iii); andproves, by clear and convincing evidence, that the reasons for the previous revocation will not reoccur; andthe application is filed at least one year after the day on which the certification was revoked.
Enacted by Chapter 349, 2021 General Session
53-19-202 - Authority of private law enforcement agency — Requirements — Delegation of internal investigation.
(1) A certified private law enforcement agency may function as a law enforcement agency under the authority of the state, within the confines of the campus of the private institution of higher education, to: prevent, detect, and investigate crime; andenforce traffic laws and criminal statutes and ordinances.
(2) The authority of a private law enforcement agency does not extend beyond theconfines of the campus of the private institution of higher education, except as provided: under Subsection 53-13-103(3); orpursuant to an interagency agreement with another law enforcement agency.
(3) A private law enforcement agency shall: comply with:the requirements of this chapter;rules made under Section 53-19-103; andall other requirements of state and federal law;comply with and enforce the provisions of Sections 53-6-209, 53-6-211, 53-6-307, and 53-6-309;only employ peace officers and dispatchers who are certified under this title;if the private law enforcement agency is placed on probation, comply with requirements imposed during the period of probation;provide any and all records of, or directly related to, the private law enforcement agency that are requested by the commissioner, the department, or the division; andcooperate with an audit described in Section 53-19-204.
(4) The chief of a private law enforcement agency may, with the consent of the commissioner, delegate the duty to conduct an administrative or internal investigation under Section 53-6-211 to the commissioner or the commissioner’s designee if: the chief requests the commissioner’s consent in writing; andthe request is made to avoid:an actual or potential conflict of interest; oran actual or potential allegation of bias.
(5) If the commissioner or the commissioner’s designee conducts an administrative or internal investigation under Subsection (4), the commissioner or the commissioner’s designee shall report the findings of the investigation to: the division, in accordance with Section 53-6-211;the private law enforcement agency; andthe commissioner, if the investigation is conducted by a designee of the commissioner.
Enacted by Chapter 349, 2021 General Session
53-19-203 - Policies and procedures — Approval — Modification.
(1) A private law enforcement agency shall: develop a policies and procedures manual that:includes clear definitions and clearly and fully explains the policies and procedures;complies with the requirements of law and administrative rules;reflects best practices for a private law enforcement agency; andincludes all policies and procedures of the private law enforcement agency;review, and revise and update as needed, the policies and procedures manual on at least an annual basis; andmaintain, and uniformly apply and enforce, the policies and procedures contained in the manual.
(2) A private law enforcement agency shall: if the private law enforcement agency was certified before May 5, 2021, submit the private law enforcement agency’s policies and procedures manual to the commissioner for approval:on or before July 1, 2021;beginning in 2022, on an annual basis; andin addition to the times described in Subsections (2)(a)(i) and (ii), within 14 days after the day on which the commissioner submits a written request for a copy of the manual; orif the private law enforcement agency is certified on or after May 5, 2021, submit the private law enforcement agency’s policies and procedures manual:for initial approval in accordance with Subsection 53-19-201(4)(c);on an annual basis; andin addition to the times described in Subsections (2)(b)(i) and (ii), within 14 days after the day on which the commissioner submits a written request for a copy of the manual.
Enacted by Chapter 349, 2021 General Session
53-19-204 - Audits.
(1) The commissioner or the commissioner’s designee may conduct periodic audits of a private law enforcement agency to ensure compliance with the requirements of this chapter.
(2) The legislative auditor general or the state auditor may conduct an audit of a private law enforcement agency.
(3) A private law enforcement agency shall fully cooperate with an audit conducted under this section.
Enacted by Chapter 349, 2021 General Session
Enforcement
53-19-301 - Violation by private law enforcement agency — Action by commissioner.
(1) If a private law enforcement agency is in violation of, or has violated, a provision of this chapter, the commissioner may: take informal action to remedy the violation;place the private law enforcement agency on probation if the violation is a material violation; orrevoke the certification of the private law enforcement agency if:the violation is so egregious that it constitutes a violation of public trust;the violation is a material violation;the private law enforcement agency has committed the same violation on a previous occasion; andthe private law enforcement agency was placed probation or had the certification of the private law enforcement agency revoked for the same violation; orafter committing a material violation: the commissioner provides the private law enforcement agency with a written notice described in Subsection (2); andafter the commissioner complies with Subsection (1)(c)(iii)(A), the private law enforcement agency commits the same violation or fails to take the corrective action described in the written notice described in Subsection (2).
(2) The written notice required under Subsection (1)(c)(iii)(A) shall include: a detailed description of the violation;a statement that the violation constitutes a material violation;a detailed description of the action the private law enforcement agency is required to take to remedy the violation; anda specified, reasonable deadline for taking the action required to remedy the violation.
(3) If a private law enforcement agency on probation is in violation of, or has violated, a material provision of probation, the commissioner may: take informal action to remedy the violation;extend an existing period of probation; orrevoke the certification of the private law enforcement agency.
(4) If the commissioner takes action to revoke the certification of a private law enforcement agency, the certification remains in effect until all timely challenges or appeals are concluded and the action of the commissioner becomes final.
(5) The certification of a private law enforcement agency remains in effect while the private law enforcement agency is on probation, unless the certification is revoked in accordance with the provisions of this chapter.
Enacted by Chapter 349, 2021 General Session
53-19-302 - Formal action against a private law enforcement agency.
(1) If the commissioner determines that a private law enforcement agency violated a provision of this chapter or a requirement of probation, the commissioner may take formal action against the private law enforcement agency in accordance with this section.
(2) Before placing a private law enforcement agency on probation or extending the existing probation period, the commissioner shall provide written notice to the private law enforcement agency that the commissioner intends to take formal action against the private law enforcement agency, that includes: a statement that the commissioner intends to place the private law enforcement agency on probation or extend an existing period of probation;a description of the material violations upon which the formal action is based;a description of the probation period or extended probation period;a description of the terms of probation;a statement that the private law enforcement agency has the right to request a formal hearing on the action before an administrative law judge selected by the commissioner; andinformation regarding the process and deadline for requesting a hearing.
(3) Within 30 days after the day on which the commissioner provides the notice described in Subsection (2), the private law enforcement agency may request a formal hearing before an administrative law judge selected by the commissioner by submitting the request, in writing, to the commissioner.
(4) If the private law enforcement agency fails to timely request a formal hearing under Subsection (3): the commissioner may take the action described in Subsection (2)(a); andthe action of the commissioner is final.
(5) If a private law enforcement agency timely requests a formal hearing under Subsection (3), an administrative law judge shall conduct a formal hearing on the action in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(6) The formal hearing shall be recorded and shall address the issue of whether the private law enforcement agency committed the violations included in the notice described in Subsection (2)(b).
(7) If, after the hearing, the administrative law judge issues findings of fact and conclusions of law stating that there is sufficient evidence to demonstrate that the private law enforcement agency committed one or more of the material violations included in the notice described in Subsection (2)(b), the commissioner shall review the findings and may: place the private law enforcement agency on probation; orextend an existing period of probation.
(8) If the administrative law judge finds that there is insufficient evidence to demonstrate that the private law enforcement agency committed any of the violations included in the notice described in Subsection (2)(b), the administrative law judge shall dismiss the formal action sought by the commissioner.
(9) A private law enforcement agency may appeal the decision of the administrative law judge and the action taken by the commissioner under Subsection (7), under Title 63G, Chapter 4, Part 4, Judicial Review.
(10) The commissioner may appeal the decision of the administrative law judge under Title 63G, Chapter 4, Part 4, Judicial Review.
(11) Before revoking the certification of a private law enforcement agency, the commissioner shall provide written notice to the private law enforcement agency that the commissioner intends to take formal action against the private law enforcement agency, that includes: a statement that the commissioner intends to revoke the certification of the private law enforcement agency;the date that the revocation is scheduled to occur, which date may not be sooner than 180 days after the day on which the commissioner provides the notice described in this Subsection (11);a detailed description of the violations upon which the formal action is based;a description of the basis, described in Subsection 53-19-301(1)(c), for seeking revocation of the private law enforcement agency’s certification; anda statement that the private law enforcement agency has the right to demand a judicial determination on the issue of revocation by filing an action in the third district court within 30 days after the day on which the commissioner provides the notice described in this Subsection (11).
(12) If the private law enforcement agency fails to file an action described in Subsection (11)(a) in the third district court within 30 days after the day on which the commissioner provides the notice described in Subsection (11), the private law enforcement agency’s certification is revoked on the date described in Subsection (11)(b).
(13) If the private law enforcement agency timely files an action described in Subsection (11)(e), the district court: shall allow discovery, and otherwise conduct the proceedings, in accordance with the Utah Rules of Civil Procedure;shall conduct the proceedings as a new action and not as an appellate review;shall require that the commissioner prove, by a preponderance of the evidence, that the violations described in Subsection (11)(c) occurred;shall require that, if the court finds that one or more the violations described in Subsection (11)(c) occurred, the commissioner prove, by a preponderance of the evidence, that the violations proven constitute sufficient grounds, under Subsection 53-19-301(1)(c), to revoke certification; andmay not grant any deference to the decisions or findings of the commissioner.
(14) The court shall order revocation of the certification of the private law enforcement agency if the court finds that: one or more the violations described in Subsection (11)(c) occurred; andthe violations that occurred constitute sufficient grounds, under Subsection 53-19-301(1)(c), to revoke certification.
(15) The court may order that the commissioner may place the private law enforcement agency on probation or extend an existing period of probation, if the court finds that: one or more violations described in Subsection (11)(c) occurred; andthe violations do not constitute sufficient grounds, under Subsection 53-19-301(1)(c), to revoke certification.
Enacted by Chapter 349, 2021 General Session