58-63 - Security Personnel Licensing Act
Title 58 > 58-63
Sections (19)
General Provisions
58-63-101 - Title.
This chapter is known as the “Security Personnel Licensing Act.”
Amended by Chapter 79, 1996 General Session
58-63-102 - Definitions.
In addition to the definitions in Section 58-1-102 , as used in this chapter:
(1) “Agreement for services” means a written and signed agreement between a security service provider and a client that: contains clear language that addresses and assigns financial responsibility;describes the length, duties, and scope of the security services that will be provided; anddescribes the compensation that will be paid by the client for the security services, including the compensation for each security officer.
(2) “Armed courier service” means a person engaged in business as a contract security company who transports or offers to transport tangible personal property from one place or point to another under the control of an armed security officer employed by that service.
(3) “Armed private security officer” means an individual: employed by a contract security company;whose primary duty is:guarding personal or real property; orproviding protection or security to the life and well being of humans or animals; andwho wears, carries, possesses, or has immediate access to a firearm in the performance of the individual’s duties.
(4) “Armored car company” means a person engaged in business under contract to others who transports or offers to transport tangible personal property, currency, valuables, jewelry, SNAP benefits as defined in Section 35A-1-102, or any other high value items, that require secured delivery from one place to another under the control of an armored car security officer employed by the company using a specially equipped motor vehicle offering a high degree of security.
(5) “Armored car security officer” means an individual: employed by an armored car company;whose primary duty is to guard the tangible property, currency, valuables, jewelry, SNAP benefits as defined in Section 35A-1-102, or other high value items that require secured delivery from one place to another; andwho wears, carries, possesses, or has immediate access to a firearm in the performance of the individual’s duties.
(6) “Board” means the Security Services Licensing Board created in Section 58-63-201.
(7) “Client” means a person, company, or entity that contracts for and receives security services from a contract security company or an armored car company.
(8) “Contract security company” means a company that is engaged in business to provide security services to another person, business, or entity on a contractual basis by assignment of an armed or unarmed private security officer.
(9) “Company officer” means: a governing person, as defined in Section 48-3a-102, of an armored car company or contract security company;an individual appointed as an officer of an armored car company or contract security company that is a corporation in accordance with Section 16-10a-830;a general partner, as defined in Section 48-2e-102, of an armored car company or contract security company; ora partner, as defined in Section 48-1d-102, of an armored car company or contract security company.
(10) “Company owner” means: a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the outstanding shares of an armored car company or contract security company that:is a corporation; andis not publicly listed or traded; oran individual who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the equity of an armored car company or contract security company that is not a corporation.
(11) “Company proprietor” means the sole proprietor of an armored car company or contract security company that is registered as a sole proprietorship with the Division of Corporations and Commercial Code.
(12) “Company trustee” means an individual with control of or power of administration over property held in trust.
(13) “Financial responsibility,” when referring to a contract security company, means that a contract security company may only provide security services to a client if the contract security company: enters into an agreement for services with the client;maintains a current general liability insurance policy with:at least an annual 2,000,000 aggregate limit; andthe following riders: general liability;assault and battery;personal injury;false arrest;libel and slander;invasion of privacy;broad form property damage;damage to property in the care, custody, or control of the security service provider; anderrors and omissions;maintains a workers’ compensation insurance policy with at least a $1,000,000 per occurrence limit and that covers each security officer employed by the contract security company; andmaintains a federal employer identification number and an unemployment insurance employer account as required under state and federal law.
(14) “Identification card” means a personal pocket or wallet size card issued by the division to each armored car and armed or unarmed private security officer licensed under this chapter.
(15) “Law enforcement agency” means the same as that term is defined in Section 53-1-102.
(16) “Peace officer” means a person who: is a certified peace officer as defined in Title 53, Chapter 13, Peace Officer Classifications; andderives total or special law enforcement powers from, and is an employee of, the federal government, the state, or a political subdivision, agency, department, branch, or service of either, of a municipality, or a unit of local government.
(17) “Regular basis” means at least 20 hours per month.
(18) “Responsible management personnel” means: a qualifying agent;an operations manager; ora site manager.
(19) “Security officer” means an individual who is licensed as an armed or unarmed private security officer under this chapter and who:is employed by a contract security company securing, guarding, or otherwise protecting tangible personal property, real property, or the life and well being of human or animal life against: trespass or other unlawful intrusion or entry;larceny;vandalism or other abuse;arson or other criminal activity; orpersonal injury caused by another person or as a result of an act or omission by another person;is controlling, regulating, or directing the flow of movements of an individual or vehicle; orproviding street patrol service.”Security officer” does not include an individual whose duties include taking admission tickets, checking credentials, ushering, or checking bags, purses, backpacks, or other materials of individuals who are entering a sports venue, concert venue, theatrical venue, convention center, fairgrounds, public assembly facility, or mass gathering location if:the individual carries out these duties without the use of specialized equipment;the authority of the individual is limited to denying entry or passage of another individual into or within the facility; andthe individual is not authorized to use physical force in the performance of the individual’s duties under this Subsection (19)(b).
(20) “Security service provider” means a contract security company or an armored car company licensed under this chapter.
(21) “Security system” means equipment, a device, or an instrument installed for: detecting and signaling entry or intrusion by an individual into or onto, or exit from the premises protected by the system; orsignaling the commission of criminal activity at the election of an individual having control of the features of the security system.
(22) “Specialized resource, motor vehicle, or equipment” means an item of tangible personal property specifically designed for use in law enforcement or in providing security or guard services, or that is specially equipped with a device or feature designed for use in providing law enforcement, security, or guard services, but does not include: standardized clothing, whether or not bearing a company name or logo, if the clothing does not bear the words “security” or “guard”; oran item of tangible personal property, other than a firearm or nonlethal weapon, that may be used without modification in providing security or guard services.
(23) “Street patrol service” means a contract security company that provides patrols by means of foot, vehicle, or other method of transportation using public streets, thoroughfares, or property in the performance of the company’s duties and responsibilities.
(24) “Unarmed private security officer” means an individual: employed by a contract security company;whose primary duty is guarding personal or real property or providing protection or security to the life and well being of humans or animals;who does not wear, carry, possess, or have immediate access to a firearm in the performance of the individual’s duties; andwho wears clothing of distinctive design or fashion bearing a symbol, badge, emblem, insignia, or other device that identifies the individual as a security officer.
(25) “Unlawful conduct” means the same as that term is defined in Sections 58-1-501 and 58-63-501.
(26) “Unprofessional conduct” means the same as that term is defined in Sections 58-1-501 and 58-63-502 and as may be further defined by rule.
Amended by Chapter 223, 2023 General Session
58-63-103 - Use of money for education, training, and enforcement.
The director may, with the concurrence of the board, use the money collected under Section 58-63-503 for the following purposes:
(1) educating and training licensees under this chapter;
(2) educating and training the general public or other interested persons in matters concerning the laws that govern the practices licensed under this chapter; and
(3) enforcing this chapter by: investigating unprofessional or unlawful conduct; andproviding legal representation to the division when it takes legal action against a person charged with unprofessional or unlawful conduct.
Amended by Chapter 303, 2011 General Session
Board
58-63-201 - Board — Duties.
(1) There is created the Security Services Licensing Board consisting of: two individuals who are officers or owners of a licensed contract security company;one individual who is an officer or owner of a licensed armored car company;one individual from among nominees of the Utah Sheriffs’ Association;one individual from among nominees of the Utah Chiefs of Police Association; andtwo individuals representing the general public.
(2) The executive director shall appoint board members in accordance with Section 58-1-201.A board member serves in accordance with Section 58-1-201.
(3) The board shall carry out its duties and responsibilities in accordance with Sections 58-1-202 and 58-1-203.The board shall designate one of its members on a permanent or rotating basis to:assist the division in reviewing a complaint concerning the unlawful or unprofessional conduct of a person licensed under this chapter; andadvise the division in its investigation of the complaint.
(4) A board member who, under Subsection (3), has reviewed a complaint or advised in its investigation is disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Amended by Chapter 436, 2013 General Session
Licensing
58-63-301 - Licensure required — License classifications.
(1) A license is required to engage in the practice of a contract security company, an armored car company, an armored car security officer, armed private security officer, or unarmed private security officer, except as otherwise provided in Section 58-1-307, 58-63-304, or 58-63-310.
(2) The division shall issue to a person who qualifies under this chapter a license in the following classifications: contract security company;armored car company;armored car security officer;armed private security officer; orunarmed private security officer.
Amended by Chapter 246, 2008 General Session
58-63-302 - Qualifications for licensure.
(1) Each applicant for licensure as an armored car company or a contract security company shall:submit an application in a form the division approves;pay a fee determined by the department under Section 63J-1-504;have a qualifying agent who:meets with the division and the board and demonstrates that the applicant and the qualifying agent meet the requirements of this section;is a resident of the state;is responsible management personnel or a company owner of the applicant;exercises material day-to-day authority in the conduct of the applicant’s business by making substantive technical and administrative decisions and whose primary employment is with the applicant;is not concurrently acting as a qualifying agent or employee of another armored car company or contract security company and is not engaged in any other employment on a regular basis;is not involved in any activity that would conflict with the qualifying agent’s duties and responsibilities under this chapter to ensure that the qualifying agent’s and the applicant’s performance under this chapter does not jeopardize the health or safety of the general public;is not an employee of a government agency;passes an examination component established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; anddemonstrates 6,000 hours of compensated experience as a manager, supervisor, or administrator of an armored car company or a contract security company; ordemonstrates 6,000 hours of supervisory experience acceptable to the division in collaboration with the board with a federal, United States military, state, county, or municipal law enforcement agency;require that each company officer, company owner, company proprietor, company trustee, and responsible management personnel with direct responsibility for managing operations of the applicant within the state:provide name, address, date of birth, social security number, and fingerprints; andconsent to, and complete, a criminal background check, described in Section 58-1-301.5;meet any other standard related to the criminal background check described in Subsection (1)(d)(ii)(A), that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; anddisclose any criminal history the division requests on a form the division approves;have company officers, company owners, company proprietors, company trustees, and responsible management personnel who have not been convicted of:a felony; ora crime that when considered with the duties and responsibilities of a contract security company or an armored car company by the division and the board indicates that the best interests of the public are not served by granting the applicant a license;document that none of the individuals described in Subsection (1)(e):have been declared by a court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored; orcurrently suffer from habitual drunkenness or from drug addiction or dependence;file and maintain with the division evidence of:comprehensive general liability insurance in a form and in amounts established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;workers’ compensation insurance that covers employees of the applicant in accordance with applicable Utah law;registration with the Division of Corporations and Commercial Code; andregistration as required by applicable law with the:Unemployment Insurance Division in the Department of Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act;State Tax Commission; andInternal Revenue Service; andmeet with the division and board if requested by the division or board.
(2) Each applicant for licensure as an armed private security officer:shall submit an application in a form the division approves;shall pay a fee determined by the department under Section 63J-1-504;may not have been convicted of:a felony; ora crime that when considered with the duties and responsibilities of an armed private security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license;may not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec. 922(g);may not have been declared incompetent by a court of competent jurisdiction by reason of mental defect or disease and not been restored;may not be currently suffering from habitual drunkenness or from drug addiction or dependence;shall successfully complete basic education and training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight hours of classroom or online curriculum;shall successfully complete firearms training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of 12 hours of training;shall pass the examination requirement established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;shall:consent to, and complete, a criminal background check, described in Section 58-1-301.5;meet any other standard related to the criminal background check described in Subsection (1)(j)(i), that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; anddisclose any criminal history the division requests on a form the division approves; andshall meet with the division and board if requested by the division or the board.
(3) Each applicant for licensure as an unarmed private security officer:shall submit an application in a form the division approves;shall pay a fee determined by the department under Section 63J-1-504;may not have been convicted of:a felony; ora crime that when considered with the duties and responsibilities of an unarmed private security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license;may not have been declared incompetent by a court of competent jurisdiction by reason of mental defect or disease and not been restored;may not be currently suffering from habitual drunkenness or from drug addiction or dependence;shall successfully complete basic education and training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight hours of classroom or online curriculum;shall pass the examination requirement established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;shall:consent to, and complete, a criminal background check, described in Section 58-1-301.5;meet any other standard related to the criminal background check described in Subsection (1)(h)(i), that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; anddisclose any criminal history the division requests on a form the division approves; andshall meet with the division and board if requested by the division or board.
(4) Each applicant for licensure as an armored car security officer:shall submit an application in a form the division approves;shall pay a fee determined by the department under Section 63J-1-504;may not have been convicted of:a felony; ora crime that when considered with the duties and responsibilities of an armored car security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license;may not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec. 922(g);may not have been declared incompetent by a court of competent jurisdiction by reason of mental defect or disease and not been restored;may not be currently suffering from habitual drunkenness or from drug addiction or dependence;shall successfully complete basic education and training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;shall successfully complete firearms training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;shall pass the examination requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;shall:consent to, and complete, a criminal background check, described in Section 58-1-301.5;meet any other standard related to the criminal background check described in Subsection (4)(j)(i), that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; anddisclose any criminal history the division requests on a form the division approves; andshall meet with the division and board if requested by the division or the board.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make a rule establishing when the division shall request a Federal Bureau of Investigation records’ review for an applicant who is applying for licensure or licensure renewal under this chapter.
Amended by Chapter 443, 2025 General Session
58-63-303 - Term of license — Expiration — Renewal.
(1) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule. The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) Each license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
Enacted by Chapter 215, 1995 General Session
58-63-304 - Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 58-1-307, an individual may engage in acts regulated under this chapter without being licensed under this chapter if the individual is: a peace officer employed by a contract security company as provided in Subsection (2); oremployed by a contract security company for the sole purpose of operating or staffing security apparatus, including a magnetometer, magnetometer wand, x-ray viewing device, or other device approved by rule of the division.
(2) A peace officer may only engage in off-duty employment as a security officer if: the law enforcement agency employing the peace officer has a written policy regarding peace officer employees working while off duty as a security officer and the written policy addresses the issue of financial responsibility;the agency’s chief administrative officer, or that officer’s designee, provides written authorization for an off-duty peace officer to work as a security officer; andthe business or entity employing the off-duty peace officer to work as a security officer complies with state and federal income reporting and withholding requirements regarding the off-duty officer’s wages.
(3) In addition to the exemptions from licensure in Section 58-1-307, an individual holding a valid license as an armed private security officer under this chapter may also function as an unarmed private security officer without the additional license.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules approving security apparatus under Subsection (1)(b).
Amended by Chapter 197, 2017 General Session
58-63-305 - Status of licenses held on the effective date of this chapter.
An individual holding a valid Utah license as a contract security company, armed private security officer, or unarmed private security officer under Title 53, Chapter 5, Part 4, Security Personnel Licensing and Regulation Act , on July 1, 1995, is:
(1) on or after July 1, 1995, considered to hold a current license under this chapter in the comparable classification of contract security company, armed private security officer, or unarmed private security officer; and
(2) subject to this chapter.
Amended by Chapter 271, 2001 General Session
58-63-306 - Replacement of qualifying agent.
If the qualifying agent of an armored car company or a contract security company ceases to perform the agent’s duties on a regular basis, the licensee shall:
(1) notify the division in writing within 15 days; and
(2) replace the qualifying agent within 60 days after the time required for notification to the division.
Amended by Chapter 339, 2020 General Session
58-63-307 - Use of firearms.
(1) An individual licensed as an armored car security officer or an armed private security officer may carry a firearm only while acting as an armored car security officer or an armed private security officer in accordance with this chapter and rules made under this chapter.
(2) An individual licensed as an armored car security officer or an armed private security officer is exempt from the provisions of Title 53, Chapter 5a, Part 3, Concealed Firearm Permits, while acting as an armored car security officer or an armed private security officer in accordance with this chapter and rules made under this chapter.
Amended by Chapter 173, 2025 General Session
58-63-308 - Evidence of licensure.
An individual licensed as an armed private security officer, armored car security officer, or unarmed private security officer shall:
(1) carry a copy of the individual’s license on the individual’s person at all times while acting as a licensee; and
(2) display the license upon the request of a peace officer, a representative of the division, or a member of the public.
Amended by Chapter 246, 2008 General Session
58-63-309 - Operating standards — Rulemaking.
The division in collaboration with the board shall establish by rule operating standards that shall apply to the conduct of licensees under this chapter, including rules relating to use of uniforms, badges, insignia, designations, and representations used by or associated with a licensees practice under this chapter.
Enacted by Chapter 215, 1995 General Session
58-63-310 - Interim permits.
(1) The division may issue an interim permit to an applicant for licensure as an armed private security officer, armored car security officer, or unarmed private security officer upon receipt of a complete application for licensure in accordance with Section 58-63-302.
(2) Each interim permit expires 90 days after it is issued or on the date on which the applicant is issued a license, whichever is earlier.The division may reissue an interim permit if the delay in approving a license is beyond the control or influence of the interim permit holder.
(3) An interim permit holder may engage in the scope of practice defined for the license classification that the interim permit holder is seeking.
Amended by Chapter 246, 2008 General Session
License Denial and Discipline
58-63-401 - Grounds for denial of license — Disciplinary proceedings.
Grounds for refusing to issue a license to an applicant, for refusing to renew the license of a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and desist order shall be in accordance with Section 58-1-401 .
Enacted by Chapter 215, 1995 General Session
Unlawful Conduct - Unprofessional Conduct - Penalties
58-63-501 - Unlawful conduct.
“Unlawful conduct” includes:
(1) a contract security company employing the services of an unlicensed armed private security officer or unarmed private security officer, except as provided under Section 58-63-304 or 58-63-310;
(2) an armored car company employing the services of an unlicensed armored car security officer, except as provided under Section 58-63-304 or 58-63-310;
(3) filing with the division fingerprint cards for an applicant that are not those of the applicant, or are in any other way false or fraudulent and intended to mislead the division in its consideration of the qualifications of the applicant for licensure;
(4) practicing or engaging in, or attempting to practice or engage in, activity for which a license is required under this chapter, unless the individual: holds the appropriate license under this chapter; oris exempted from licensure as provided under Section 58-63-304 or 58-63-310; and
(5) knowingly employing another person to engage in or practice or attempt to engage in or practice an occupation or profession licensed under this chapter, if the employee: is not licensed to do so under this chapter; oris not exempt from licensure.
Amended by Chapter 246, 2008 General Session
58-63-502 - Unprofessional conduct.
“Unprofessional conduct” includes:
(1) failing as an armored car company or a contract security company to notify the division of the cessation of performance of its qualifying agent or failing to replace its qualifying agent, as required under Section 58-63-306;
(2) failing as an armed private security officer, armored car security officer, or unarmed private security officer, to carry or display a copy of the licensee’s license as required under Section 58-63-308;
(3) employment by an armored car company or a contract security company of a qualifying agent, armed private security officer, armored car security officer, or unarmed private security officer knowing that the individual has engaged in conduct that is inconsistent with the duties and responsibilities of a licensee under this chapter; and
(4) failing to comply with operating standards established by rule.
Amended by Chapter 246, 2008 General Session
58-63-503 - Penalties.
(1) Unless Subsection (2) applies, an individual who commits an act of unlawful conduct under Section 58-63-501 or who fails to comply with a citation issued under this section after it becomes final is guilty of a class A misdemeanor.
(2) The division may immediately suspend a license issued under this chapter of a person who is given a citation for violating Subsection 58-63-501(1), (2), (4), or (5).
(3) If upon inspection or investigation, the division determines that a person has violated Subsection 58-63-501(1), (2), (4), or (5) or any rule made or order issued under those subsections, and that disciplinary action is warranted, the director or the director’s designee within the division shall promptly issue a citation to the person and:attempt to negotiate a stipulated settlement; ornotify the person to appear for an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.The division may fine a person who violates Subsection 58-63-501(1), (2), (4), or (5), as evidenced by an uncontested citation, a stipulated settlement, or a finding of a violation in an adjudicative proceeding held under Subsection (3)(a)(ii), or order the person to cease and desist from the violation, or do both.Except for a cease and desist order, the division may not impose the licensure sanctions listed in Section 58-63-401 through the issuance of a citation under this section.The written citation shall:describe the nature of the violation, including a reference to the allegedly violated statute, rule, or order;state the recipient must notify the division in writing within 20 calendar days of issuance of the citation if the recipient wants to contest the citation at the adjudicative proceeding referred to in Subsection (3)(a)(ii); andexplain the consequences of failure to timely contest the citation or to make payment of a fine assessed under the citation with the time specified in the citation.The division may serve a citation issued under this section, or a copy of the citation, upon an individual who is subject to service of a summons under the Utah Rules of Civil Procedure.The division may serve the individual personally or serve the individual’s agent.The division may serve the summons by a division investigator, by a person designated by the director, or by mail.If within 20 days from the service of a citation the person to whom the citation was issued fails to request a hearing to contest the citation, the citation becomes the final order of the division and is not subject to further agency review.The division may grant an extension of the 20-day period for cause.The division may refuse to issue or renew, suspend, revoke, or place on probation the license of a licensee who fails to comply with a citation after it becomes final.The division may not issue a citation for an alleged violation under this section after the expiration of one year following the date on which the violation that is the subject of the citation is reported to the division.The director or the director’s designee may assess fines under this section as follows:for a first offense under Subsection (3)(a), a fine of up to 2,000; andfor a subsequent offense under Subsection (3)(a), a fine of up to $2,000 for each day of continued violation.For purposes of issuing a final order under this section and assessing a fine under Subsection (3)(h), an offense is a second or subsequent offense if: the division previously issued a final order determining that a person committed a first or second offense in violation of Subsection 58-63-501(1) or (4); orthe division initiated an action for a first or second offense;no final order has been issued by the division in an action initiated under Subsection (3)(i)(i)(B)(I);the division determines during an investigation that occurred after the initiation of the action under Subsection (3)(i)(i)(B)(I) that the person committed a second or subsequent violation of Subsection 58-63-501(1) or (4); andafter determining that the person committed a second or subsequent offense under Subsection (3)(i)(i)(B)(III), the division issues a final order on the action initiated under Subsection (3)(i)(i)(B)(I).In issuing a final order for a second or subsequent offense under Subsection (3)(i)(i), the division shall comply with the requirements of this section.
(4) The division shall deposit a fine imposed by the director under Subsection (3)(h) in the General Fund as a dedicated credit for use by the division for the purposes listed in Section 58-63-103.The director may collect a fine that is not paid by:referring the matter to a collection agency; orbringing an action in the district court of the county where the person against whom the penalty is imposed resides or in the county where the office of the director is located.A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty.A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty.
Amended by Chapter 339, 2020 General Session
Regulatory Jurisdiction
58-63-601 - State preemption of local regulation.
(1) A political subdivision of this state may not enact any legislation, code, or ordinance, or make any rules relating to the licensing, training, or regulation of contract security companies or persons functioning as armed or unarmed private security officers.
(2) Any legislation, code, ordinance, or rules made by any political subdivision of this state, relating to the licensing, training, or regulation of contract security companies or individuals functioning as an armed or unarmed private security officers are superseded by this chapter.
Enacted by Chapter 215, 1995 General Session