REGISTER INFORMATION PAGE
Vol. 31 Iss. 25 - August 10, 2015

The Virginia Register OF REGULATIONS is an official state publication issued every other week throughout the year. Indexes are published quarterly, and are cumulative for the year. The Virginia Register has several functions. The new and amended sections of regulations, both as proposed and as finally adopted, are required by law to be published in the Virginia Register. In addition, the Virginia Register is a source of other information about state government, including petitions for rulemaking, emergency regulations, executive orders issued by the Governor, and notices of public hearings on regulations.

ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS

An agency wishing to adopt, amend, or repeal regulations must first publish in the Virginia Register a notice of intended regulatory action; a basis, purpose, substance and issues statement; an economic impact analysis prepared by the Department of Planning and Budget; the agency’s response to the economic impact analysis; a summary; a notice giving the public an opportunity to comment on the proposal; and the text of the proposed regulation.

Following publication of the proposal in the Virginia Register, the promulgating agency receives public comments for a minimum of 60 days. The Governor reviews the proposed regulation to determine if it is necessary to protect the public health, safety and welfare, and if it is clearly written and easily understandable. If the Governor chooses to comment on the proposed regulation, his comments must be transmitted to the agency and the Registrar no later than 15 days following the completion of the 60-day public comment period. The Governor’s comments, if any, will be published in the Virginia Register. Not less than 15 days following the completion of the 60-day public comment period, the agency may adopt the proposed regulation.

The Joint Commission on Administrative Rules (JCAR) or the appropriate standing committee of each house of the General Assembly may meet during the promulgation or final adoption process and file an objection with the Registrar and the promulgating agency. The objection will be published in the Virginia Register. Within 21 days after receipt by the agency of a legislative objection, the agency shall file a response with the Registrar, the objecting legislative body, and the Governor.

When final action is taken, the agency again publishes the text of the regulation as adopted, highlighting all changes made to the proposed regulation and explaining any substantial changes made since publication of the proposal. A 30-day final adoption period begins upon final publication in the Virginia Register.

The Governor may review the final regulation during this time and, if he objects, forward his objection to the Registrar and the agency. In addition to or in lieu of filing a formal objection, the Governor may suspend the effective date of a portion or all of a regulation until the end of the next regular General Assembly session by issuing a directive signed by a majority of the members of the appropriate legislative body and the Governor. The Governor’s objection or suspension of the regulation, or both, will be published in the Virginia Register. If the Governor finds that changes made to the proposed regulation have substantial impact, he may require the agency to provide an additional 30-day public comment period on the changes. Notice of the additional public comment period required by the Governor will be published in the Virginia Register.

The agency shall suspend the regulatory process for 30 days when it receives requests from 25 or more individuals to solicit additional public comment, unless the agency determines that the changes have minor or inconsequential impact.

A regulation becomes effective at the conclusion of the 30-day final adoption period, or at any other later date specified by the promulgating agency, unless (i) a legislative objection has been filed, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 21-day objection period; (ii) the Governor exercises his authority to require the agency to provide for additional public comment, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the period for which the Governor has provided for additional public comment; (iii) the Governor and the General Assembly exercise their authority to suspend the effective date of a regulation until the end of the next regular legislative session; or (iv) the agency suspends the regulatory process, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 30-day public comment period and no earlier than 15 days from publication of the readopted action.

A regulatory action may be withdrawn by the promulgating agency at any time before the regulation becomes final.

FAST-TRACK RULEMAKING PROCESS

Section 2.2-4012.1 of the Code of Virginia provides an exemption from certain provisions of the Administrative Process Act for agency regulations deemed by the Governor to be noncontroversial.  To use this process, Governor's concurrence is required and advance notice must be provided to certain legislative committees.  Fast-track regulations will become effective on the date noted in the regulatory action if no objections to using the process are filed in accordance with § 2.2-4012.1.

EMERGENCY REGULATIONS

Pursuant to § 2.2-4011 of the Code of Virginia, an agency, upon consultation with the Attorney General, and at the discretion of the Governor, may adopt emergency regulations that are necessitated by an emergency situation. An agency may also adopt an emergency regulation when Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment. The emergency regulation becomes operative upon its adoption and filing with the Registrar of Regulations, unless a later date is specified. Emergency regulations are limited to no more than 18 months in duration; however, may be extended for six months under certain circumstances as provided for in § 2.2-4011 D. Emergency regulations are published as soon as possible in the Register.

During the time the emergency status is in effect, the agency may proceed with the adoption of permanent regulations through the usual procedures. To begin promulgating the replacement regulation, the agency must (i) file the Notice of Intended Regulatory Action with the Registrar within 60 days of the effective date of the emergency regulation and (ii) file the proposed regulation with the Registrar within 180 days of the effective date of the emergency regulation. If the agency chooses not to adopt the regulations, the emergency status ends when the prescribed time limit expires.

STATEMENT

The foregoing constitutes a generalized statement of the procedures to be followed. For specific statutory language, it is suggested that Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined carefully.

CITATION TO THE VIRGINIA REGISTER

The Virginia Register is cited by volume, issue, page number, and date. 29:5 VA.R. 1075-1192 November 5, 2012, refers to Volume 29, Issue 5, pages 1075 through 1192 of the Virginia Register issued on
November 5, 2012.

The Virginia Register of Regulations is published pursuant to Article 6 (§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.

Members of the Virginia Code Commission: John S. Edwards, Chair; James M. LeMunyon, Vice Chair, Gregory D. Habeeb; Ryan T. McDougle; Pamela S. Baskervill; Robert L. Calhoun; Carlos L. Hopkins; E.M. Miller, Jr.; Thomas M. Moncure, Jr.; Christopher R. Nolen; Timothy Oksman; Charles S. Sharp; Robert L. Tavenner.

Staff of the Virginia Register: Jane D. Chaffin, Registrar of Regulations; Karen Perrine, Assistant Registrar; Anne Bloomsburg, Regulations Analyst; Rhonda Dyer, Publications Assistant; Terri Edwards, Operations Staff Assistant.


PUBLICATION SCHEDULE AND DEADLINES
Vol. 31 Iss. 25 - August 10, 2015

August 2015 through August 2016

Volume: Issue

Material Submitted By Noon*

Will Be Published On

31:25

July 22, 2015

August 10, 2015

31:26

August 5, 2015

August 24, 2015

32:1

August 19, 2015

September 7, 2015

32:2

September 2, 2015

September 21, 2015

32:3

September 16, 2015

October 5, 2015

32:4

September 30, 2015

October 19, 2015

32:5

October 14, 2015

November 2, 2015

32:6

October 28, 2015

November 16, 2015

32:7

November 10, 2015 (Tuesday)

November 30, 2015

32:8

November 24, 2015 (Tuesday)

December 14, 2015

32:9

December 9, 2015

December 28, 2015

32:10

December 21, 2015 (Monday)

January 11, 2016

32:11

January 6, 2016

January 25, 2016

32:12

January 20, 2016

February 8, 2016

32:13

February 3, 2016

February 22, 2016

32:14

February 17, 2016

March 7, 2016

32:15

March 2, 2016

March 21, 2016

32:16

March 16, 2016

April 4, 2016

32:17

March 30, 2016

April 18, 2016

32:18

April 13, 2016

May 2, 2016

32:19

April 27, 2016

May 16, 2016

32:20

May 11, 2016

May 30, 2016

32:21

May 25, 2016

June 13, 2016

32:22

June 8, 2016

June 27, 2016

32:23

June 22, 2016

July 11, 2016

32:24

July 6, 2016

July 25, 2016

32:25

July 20, 2016

August 8, 2016

32:26

August 3, 2016

August 22, 2016

*Filing deadlines are Wednesdays unless otherwise specified.


PETITIONS FOR RULEMAKING
Vol. 31 Iss. 25 - August 10, 2015

TITLE 12. HEALTH

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Agency Decision

Title of Regulation: 12VAC35. None specified.

Statutory Authority: N/A.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Create a new regulation to require community services boards and behavioral health authorities (as defined in § 37.2-100) to produce guidance documents for petitions for modification or removal of conditions at any time, pursuant to § 19.2-182.11 of the Code of Virginia.

Agency Decision: Request denied.

Statement of Reason for Decision: The relevant statutes state that while a community services board (CSB) must file reports on the acquittee's progress at least every six months, it may petition the court for modification or removal of conditions at any time. Only the acquittee is limited to petitioning annually, commencing six months after the conditional release order is issued. On July 16, 2015, the board voted to deny the request for rulemaking as a change in the law or additional guidance documents do not seem warranted to give CSBs a legal mechanism to do what they can already do (petition anytime).

Agency Contact: Ruth Anne Walker, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 11th Floor, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 225-2252, or email ruthanne.walker@dbhds.virginia.gov.

VA.R. Doc. No. R15-33; Filed July 22, 2015, 12:40 p.m.


NOTICES OF INTENDED REGULATORY ACTION
Vol. 31 Iss. 25 - August 10, 2015

REGULATIONS
Vol. 31 Iss. 25 - August 10, 2015

TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Final Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.

Title of Regulation: 4VAC15-20. Definitions and Miscellaneous: In General (amending 4VAC15-20-50, 4VAC15-20-65, 4VAC15-20-140).

Statutory Authority: §§ 29.1-103 of the Code of Virginia (4VAC15-20-65).

§ 29.1-501 of the Code of Virginia (4VAC15-20-50, 4VAC15-20-65, and 4VAC15-20-140).

Effective Date: August 1, 2015.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.

Summary:

The amendments: (i) remove "domestica" from the scientific name of domestic swine; (ii) replace the words "free roaming" with "for which no claim of ownership can be made" to make this definition consistent with the feral swine definition in 4VAC15-20-160; (iii) replace the terms "bow and arrow" and "bow and arrow or crossbow" with "archery equipment" for all applicable licenses and permits; (iv) add a resident bear hunting license (fee of $20) and a nonresident bear hunting license (fee of $150) to the list of license and permit fees, and adjust the resident sportsman license fee; (v) eliminate bear from the resident bear, deer, and turkey hunting license for licensees 16 years of age or older, from the resident junior bear, deer, and turkey hunting license for licensees under 16 years of age, and from the nonresident bear, deer, and turkey hunting licenses; and (vi) in the definition of "species," replace the erroneous word "district" with the correct word "distinct."

4VAC15-20-50. Definitions; "wild animal," "native animal," "naturalized animal," "nonnative (exotic) animal," and "domestic animal."

[ A. ] In accordance with § 29.1-100 of the Code of Virginia, the following terms shall have the meanings ascribed to them by this section when used in regulations of the board:

"Native animal" means those species and subspecies of animals naturally occurring in Virginia, as included in the department's 2014 "List of Native and Naturalized Fauna of Virginia," with copies available in the Richmond and regional offices of the department.

"Naturalized animal" means those species and subspecies of animals not originally native to Virginia that have established wild, self-sustaining populations, as included in the department's 2014 "List of Native and Naturalized Fauna of Virginia," with copies available in the Richmond and regional offices of the department.

"Nonnative (exotic) animal" means those species and subspecies of animals not naturally occurring in Virginia, excluding domestic and naturalized species.

The following animals are defined as domestic animals:

Domestic dog (Canis familiaris), including wolf hybrids.

Domestic cat (Felis catus), including hybrids with wild felines.

Domestic horse (Equus caballus), including hybrids with Equus asinus.

Domestic ass, burro, and donkey (Equus asinus).

Domestic cattle (Bos taurus and Bos indicus).

Domestic sheep (Ovis aries) including hybrids with wild sheep.

Domestic goat (Capra hircus).

Domestic swine (Sus scrofa domestica) scrofa), including pot-bellied pig excluding any swine that are free-roaming or wild or for which no claim of ownership can be made.

Llama (Lama glama).

Alpaca (Lama pacos).

Camels (Camelus bactrianus and Camelus dromedarius).

Domesticated races of hamsters (Mesocricetus spp.).

Domesticated races of mink (Mustela vison) where adults are heavier than 1.15 kilograms or their coat color can be distinguished from wild mink.

[ Domesticated races of red fox (Vulpes vulpes) where their coat color can be distinguished from wild red fox. ]

Domesticated races of guinea pigs (Cavia porcellus).

Domesticated races of gerbils (Meriones unguiculatus).

Domesticated races of chinchillas (Chinchilla laniger).

Domesticated races of rats (Rattus norvegicus and Rattus rattus).

Domesticated races of mice (Mus musculus).

Domesticated races of European rabbit (Oryctolagus cuniculus).

Domesticated races of chickens (Gallus).

Domesticated races of turkeys (Meleagris gallopavo).

Domesticated races of ducks and geese distinguishable morphologically from wild birds.

Feral pigeons (Columba domestica and Columba livia) and domesticated races of pigeons.

Domesticated races of guinea fowl (Numida meleagris).

Domesticated races of peafowl (Pavo cristatus).

"Wild animal" means any member of the animal kingdom, except domestic animals, including without limitation any native, naturalized, or nonnative (exotic) mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any hybrid of them, except as otherwise specified in regulations of the board, or part, product, egg, or offspring of them, or the dead body or parts of them.

[ B. Exception for red foxes. Domesticated red foxes (Vulpes vulpes) having coat colors distinguishable from wild red foxes and possessed in captivity on July 1, 2015, may be maintained in captivity until the animals' deaths, but they may not be bred or sold without a permit from the department. Persons possessing domesticated red foxes without a permit from the department must declare such possession in writing to the department by January 1, 2016. This written declaration must include the number of individual foxes in possession, date or dates acquired, and sex, estimated age, coloration, and a photograph of each fox. This written declaration shall serve as a permit for possession only, is not transferable, and must be renewed every five years. ]

4VAC15-20-65. Hunting, trapping, and fishing license and permit fees.

In accordance with the authority of the board under subdivision 16 of § 29.1-103 of the Code of Virginia, the following fees are established for hunting, trapping, and fishing licenses and permits:

Virginia Resident Licenses to Hunt

Type license

Fee

1-year Resident License to Hunt, for licensees 16 years of age or older

$22.00

2-year Resident License to Hunt, for licensees 16 years of age or older

$43.00

3-year Resident License to Hunt, for licensees 16 years of age or older

$64.00

4-year Resident License to Hunt, for licensees 16 years of age or older

$85.00

County or City Resident License to Hunt in County or City of Residence Only, for licensees 16 years of age or older

$15.00

Resident Senior Citizen Annual License to Hunt, for licensees 65 years of age or older

$8.00

Resident Junior License to Hunt, for licensees 12 through 15 years of age, optional for licensees under 12 years of age

$7.50

Resident Youth Combination License to Hunt, and to hunt bear, deer, and turkey, to hunt with bow and arrow archery equipment during archery hunting season, and to hunt with muzzleloading guns during muzzleloading hunting season, for licensees under 16 years of age

$15.00

Resident Sportsman License to Hunt and Freshwater Fish, and to hunt bear, deer, and turkey, to hunt with bow and arrow or a crossbow archery equipment during archery hunting season, to hunt with muzzleloading guns during muzzleloading hunting season, to fish in designated stocked trout waters (also listed under Virginia Resident Licenses to Fish)

$132.00

Resident Junior Lifetime License to Hunt, for licensees under 12 years of age at the time of purchase

$255.00

Resident Lifetime License to Hunt, for licensees at the time of purchase:

through 44 years of age

$260.00

45 through 50 years of age

$210.00

51 through 55 years of age

$160.00

56 through 60 years of age

$110.00

61 through 64 years of age

$60.00

65 years of age and over

$20.00

Resident Hunting License for Partially Disabled Veterans

$11.00

Totally and Permanently Disabled Resident Special Lifetime License to Hunt

$15.00

Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Hunt or Freshwater Fish (also listed under Virginia Resident Licenses to Fish)

no fee

Virginia Resident Licenses for Additional Hunting Privileges

Type license or permit

Fee

Resident Bear, Deer, and Turkey Hunting License, for licensees 16 years of age or older

$22.00

Resident Junior Bear, Deer, and Turkey Hunting License, for licensees under 16 years of age

$7.50

Resident Archery License to Hunt with bow and arrow or crossbow archery equipment during archery hunting season

$17.00

Resident Bear Hunting License

[ $25.00 $20.00 ]

Resident Muzzleloading License to Hunt during muzzleloading hunting season

$17.00

Resident Bonus Deer Permit

$17.00

Resident Fox Hunting License to hunt foxes on horseback with hounds without firearms (not required of an individual holding a general License to Hunt)

$22.00

Virginia Nonresident Licenses to Hunt

Type license

Fee

Nonresident License to Hunt, for licensees 16 years of age or older

$110.00

Nonresident Three-Day Trip License to Hunt

$59.00

Nonresident Youth License to Hunt, for licensees:

under 12 years of age

$12.00

12 through 15 years of age

$15.00

Nonresident Youth Combination License to Hunt, and to hunt bear, deer, and turkey, to hunt with bow and arrow archery equipment during archery hunting season, and to hunt with muzzleloading guns during muzzleloading hunting season, for licensees under 16 years of age

$30.00

Nonresident Annual Hunting License for Partially Disabled Veterans

$55.00

Nonresident Annual Hunting License for Totally and Permanently Disabled Veterans

$27.50

Nonresident Lifetime License to Hunt

$555.00

Virginia Nonresident Licenses for Additional Hunting Privileges

Type license or permit

Fee

Nonresident Bear, Deer, and Turkey Hunting License, for licensees:

16 years of age or older

$85.00

12 through 15 years of age

$15.00

under 12 years of age

$12.00

Nonresident Bear Hunting License

$150.00

Nonresident Archery License to Hunt with bow and arrow or crossbow archery equipment during archery hunting season

$30.00

Nonresident Muzzleloading License to Hunt during muzzleloading hunting season

$30.00

Nonresident Shooting Preserve License to Hunt within the boundaries of a licensed shooting preserve

$22.00

Nonresident Bonus Deer Permit

$30.00

Nonresident Fox Hunting License to hunt foxes on horseback with hounds without firearms (not required of an individual holding a general License to Hunt)

$110.00

Miscellaneous Licenses or Permits to Hunt

Type license or permit

Fee

Waterfowl Hunting Stationary Blind in Public Waters License

$22.50

Waterfowl Hunting Floating Blind in Public Waters License

$40.00

Foxhound Training Preserve License

$17.00

Public Access Lands for Sportsmen Permit to Hunt, Trap, or Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits to Fish)

$17.00

Virginia Resident and Nonresident Licenses to Trap

Type license

Fee

1-year Resident License to Trap, for licensees 16 years of age or older

$45.00

2-year Resident License to Trap, for licensees 16 years of age or older

$89.00

3-year Resident License to Trap, for licensees 16 years of age or older

$133.00

4-year Resident License to Trap, for licensees 16 years of age or older

$177.00

County or City Resident License to Trap in County or City of Residence Only

$20.00

Resident Junior License to Trap, for licensees under 16 years of age

$10.00

Resident Senior Citizen License to Trap, for licensees 65 years of age or older

$8.00

Resident Senior Citizen Lifetime License to Trap, for licensees 65 years of age or older

$20.00

Totally and Permanently Disabled Resident Special Lifetime License to Trap

$15.00

Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Trap

$15.00

Nonresident License to Trap

$205.00

Virginia Resident Licenses to Fish

Type license

Fee

1-year Resident License to Freshwater Fish

$22.00

2-year Resident License to Freshwater Fish

$43.00

3-year Resident License to Freshwater Fish

$64.00

4-year Resident License to Freshwater Fish

$85.00

County or City Resident License to Freshwater Fish in County or City of Residence Only

$15.00

Resident License to Freshwater Fish, for licensees 65 years of age or older

$8.00

Resident License to Fish in Designated Stocked Trout Waters

$22.00

Resident License to Freshwater and Saltwater Fish

[ $39.00 $38.50 ]

Resident License to Freshwater Fish for Five Consecutive Days

$13.00

Resident License to Freshwater and Saltwater Fish for Five Consecutive Days

$23.00

Resident Sportsman License to Hunt and Freshwater Fish, and to hunt bear, deer, and turkey, to hunt with bow and arrow or crossbow archery equipment during archery hunting season, to hunt with muzzleloading guns during muzzleloading hunting season, to fish in designated stocked trout waters (also listed under Virginia Resident Licenses to Hunt)

$132.00

Resident Special Lifetime License to Freshwater Fish, for licensees at the time of purchase:

through 44 years of age

$260.00

45 through 50 years of age

$210.00

51 through 55 years of age

$160.00

56 through 60 years of age

$110.00

61 through 64 years of age

$60.00

65 years of age and over

$20.00

Resident Special Lifetime License to Fish in Designated Stocked Trout Waters, for licensees at the time of purchase:

through 44 years of age

$260.00

45 through 50 years of age

$210.00

51 through 55 years of age

$160.00

56 through 60 years of age

$110.00

61 through 64 years of age

$60.00

65 years of age and over

$20.00

Resident Fishing License for Partially Disabled Veterans

$11.00

Totally and Permanently Disabled Resident Special Lifetime License to Freshwater Fish

$15.00

Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Hunt and Freshwater Fish (also listed under Virginia Resident Licenses to Hunt)

no fee

Virginia Nonresident Licenses to Fish

Type license

Fee

Nonresident License to Freshwater Fish

$46.00

Nonresident License to Freshwater Fish in Designated Stocked Trout Waters

$46.00

Nonresident License to Freshwater and Saltwater Fish

$70.00

Nonresident Fishing License for Partially Disabled Veterans

$23.00

Nonresident Annual Fishing License for Totally and Permanently Disabled Veterans

$11.50

Nonresident License to Freshwater Fish for One Day

$7.00

Nonresident License to Freshwater Fish for Five Consecutive Days

$20.00

Nonresident License to Freshwater and Saltwater Fish for Five Consecutive Days

$30.00

Nonresident Special Lifetime License to Freshwater Fish

$555.00

Nonresident Special Lifetime License to in Fish in Designated Stocked Trout Waters

$555.00

Miscellaneous Licenses or Permits to Fish

Type license or permit

Fee

Permit to Fish for One Day at Board-Designated Stocked Trout Fishing Areas with Daily Use Fees

$7.00

Public Access Lands for Sportsmen Permit to Hunt, Trap, or Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits to Hunt)

$17.00

Special Guest Fishing License

$60.00

4VAC15-20-140. Endangered species; definitions.

For the purposes of §§ 29.1-564 through 29.1-570 of the Code of Virginia, 4VAC15-20-130, and this section:

1. "Endangered species" means any species which is in danger of extinction throughout all or a significant portion of its range within the Commonwealth, other than a species of the class Insecta deemed to be a pest whose protection would present an overriding risk to the health or economic welfare of the Commonwealth.

2. "Fish or wildlife" means any member of the animal kingdom, vertebrate or invertebrate, without limitation, and includes any part, products, egg, or the dead body or parts of it.

3. "Harass," in the definition of "take," means an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding or sheltering.

4. "Harm," in the definition of "take," means an act which actually kills or injures wildlife. Such act may include significant habitat modifications or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

5. "Person" means any individual, firm, corporation, association or partnership.

6. "Species" includes any subspecies of fish or wildlife and any district distinct population segment of any species or vertebrate fish or wildlife which interbreed when mature.

7. "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, possess or collect, or to attempt to engage in any such conduct.

8. "Threatened species" means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range within the Commonwealth.

VA.R. Doc. No. R15-4397; Filed July 21, 2015, 11:13 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Final Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.

Title of Regulation: 4VAC15-30. Definitions and Miscellaneous: Importation, Possession, Sale, Etc., of Animals (amending 4VAC15-30-40).

Statutory Authority: § 29.1-501 of the Code of Virginia.

Effective Date: August 1, 2015.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.

Summary:

The amendment allows anyone to legally trap feral hogs with written permission of the landowner, provided that any trapped hogs are not removed from the trap site alive and are immediately killed.


4VAC15-30-40. Importation requirements, possession and sale of nonnative (exotic) animals.

A. Permit required. A special permit is required and may be issued by the department, if consistent with the department's fish and wildlife management program, to import, possess, or sell those nonnative (exotic) animals listed below and in 4VAC15-20-210 that the board finds and declares to be predatory or undesirable within the meaning and intent of § 29.1-542 of the Code of Virginia, in that their introduction into the Commonwealth will be detrimental to the native fish and wildlife resources of Virginia:.

AMPHIBIANS:

Order

Family

Genus/Species

Common Name

Anura

Bufonidae

Rhinella marina

Cane toad*

Pipidae

Hymenochirus spp. Pseudohymenochiris merlini

African dwarf frog

Xenopus spp.

Tongueless or African clawed frog

Caudata

Ambystomatidae

All species

All mole salamanders

BIRDS:

Order

Family

Genus/Species

Common Name

Psittaciformes

Psittacidae

Myiopsitta monachus

Monk parakeet*

Anseriformes

Anatidae

Cygnus olor

Mute swan

FISH:

Order

Family

Genus/Species

Common Name

Cypriniformes

Catostomidae

Catostomus microps

Modoc sucker

Catostomus santaanae

Santa Ana sucker

Catostomus warnerensis

Warner sucker

Ictiobus bubalus

Smallmouth* buffalo

I. cyprinellus

Bigmouth* buffalo

I. niger

Black buffalo*

Characidae

Pygopristis spp.
Pygocentrus spp.
Rooseveltiella spp.
Serrasalmo spp.
Serrasalmus spp.
Taddyella spp.

Piranhas

Cobitidae

Misgurnus anguillicaudatus

Oriental weatherfish

Cyprinidae

Aristichyhys nobilis

Bighead carp*

Chrosomus saylori

Laurel dace

Ctenopharyngodon idella

Grass carp or white amur

Cyprinella caerulea

Blue shiner

Cyprinella formosa

Beautiful shiner

Cyprinella lutrensis

Red shiner

Hypophthalmichthys molitrix

Silver carp*

Mylopharyngodom piceus

Black carp*

Notropis albizonatus

Palezone shiner

Notropis cahabae

Cahaba shiner

Notropis girardi

Arkansas River shiner

Notropis mekistocholas

Cape Fear shiner

Notropis simus pecosensis

Pecos bluntnose shiner

Notropis topeka (= tristis)

Topeka shiner

Phoxinus cumberlandensis

Blackside dace

Rhinichthys osculus lethoporus

Independence Valley speckled dace

Rhinichthys osculus nevadensis

Ash Meadows speckled dace

Rhinichthys osculus oligoporus

Clover Valley speckled dace

Rhinichthys osculus ssp.

Foskett speckled dace

Rhinichthys osculus thermalis

Kendall Warm Springs dace

Scardinius erythrophthalmus

Rudd

Tinca tinca

Tench*

Cyprinodontiformes

Poeciliidae

Gambusia gaigei

Big Bend gambusia

Gambusia georgei

San Marcos gambusia

Gambusia heterochir

Clear Creek gambusia

Gambusia nobilis

Pecos gambusia

Peociliopsis occidentalis

Gila topminnow

Gasterosteiformes

Gasterosteidae

Gasterosteus aculeatus williamsoni

Unarmored threespine stickleback

Gobiesociformes

Gobiidae

Proterorhinus marmoratus

Tubenose goby

Neogobius melanostomus

Round goby

Perciformes

Channidae

Channa spp.
Parachanna spp.

Snakeheads

Cichlidae

Tilapia spp.

Tilapia

Gymnocephalus cernuum

Ruffe*

Elassomatidae

Elassoma alabamae

Spring pygmy sunfish

Percidae

Crystallaria cincotta

Diamond darter

Etheostoma chermocki

Vermilion darter

Etheostoma boschungi

Slackwater darter

Etheostoma chienense

Relict darter

Etheostoma etowahae

Etowah darter

Etheostoma fonticola

Fountain darter

Etheostoma moorei

Yellowcheek darter

Etheostoma nianguae

Niangua darter

Etheostoma nuchale

Watercress darter

Etheostoma okaloosae

Okaloosa darter

Etheostoma phytophilum

Rush darter

Etheostoma rubrum

Bayou darter

Etheostoma scotti

Cherokee darter

Etheostoma sp.

Bluemask (= jewel) darter

Etheostoma susanae

Cumberland darter

Etheostoma wapiti

Boulder darter

Percina antesella

Amber darter

Percina aurolineata

Goldline darter

Percina jenkinsi

Conasauga logperch

Percina pantherina

Leopard darter

Percina tanasi

Snail darter

Scorpaeniformes

Cottidae

Cottus sp.

Grotto sculpin

Cottus paulus (= pygmaeus)

Pygmy sculpin

Siluriformes

Clariidae

All species

Air-breathing catfish

Ictaluridae

Noturus baileyi

Smoky madtom

Noturus crypticus

Chucky madtom

Noturus placidus

Neosho madtom

Noturus stanauli

Pygmy madtom

Noturus trautmani

Scioto madtom

Synbranchiformes

Synbranchidae

Monopterus albus

Swamp eel

MAMMALS:

Order

Family

Genus/Species

Common Name

Artiodactyla

Suidae

All Species

Pigs or Hogs*

Cervidae

All Species

Deer*

Carnivora

Canidae

All Species

Wild Dogs,* Wolves, Coyotes or Coyote hybrids, Jackals and Foxes

Ursidae

All Species

Bears*

Procyonidae

All Species

Raccoons and* Relatives

Mustelidae

All Species

(except Mustela putorius furo)

Weasels, Badgers,* Skunks and Otters

Ferret

Viverridae

All Species

Civets, Genets,* Lingsangs, Mongooses, and Fossas

Herpestidae

All Species

Mongooses*

Hyaenidae

All Species

Hyenas and Aardwolves*

Felidae

All Species

Cats*

Chiroptera

All Species

Bats*

Lagomorpha

Lepridae

Brachylagus idahoensis

Pygmy rabbit

Lepus europeaeous

European hare

Oryctolagus cuniculus

European rabbit

Sylvilagus bachmani riparius

Riparian brush rabbit

Sylvilagus palustris hefneri

Lower Keys marsh rabbit

Rodentia

All species native to Africa

All species native to Africa

Dipodidae

Zapus hudsonius preblei

Preble's meadow jumping mouse

Muridae

Microtus californicus scirpensis

Amargosa vole

Microtus mexicanus hualpaiensis

Hualapai Mexican vole

Microtus pennsylvanicus dukecampbelli

Florida salt marsh vole

Neotoma floridana smalli

Key Largo woodrat

Neotoma fuscipes riparia

Riparian (= San Joaquin Valley) woodrat

Oryzomys palustris natator

Rice rat

Peromyscus gossypinus allapaticola

Key Largo cotton mouse

Peromyscus polionotus allophrys

Choctawhatchee beach mouse

Peromyscus polionotus ammobates

Alabama beach mouse

Peromyscus polionotus niveiventris

Southeastern beach mouse

Peromyscus polionotus peninsularis

St. Andrew beach mouse

Peromyscus polionotus phasma

Anastasia Island beach mouse

Peromyscus polionotus trissyllepsis

Perdido Key beach mouse

Reithrodontomys raviventris

Salt marsh harvest mouse

Heteromyidae

Dipodomys heermanni morroensis

Morro Bay kangaroo rat

Dipodomys ingens

Giant kangaroo rat

Dipodomys merriami parvus

San Bernadino Merriam's kangaroo rat

Dipodomys nitratoides exilis

Fresno kangaroo rat

Dipodomys nitratoides nitratoides

Tipton kangaroo rat

Dipodomys stephensi (including D. cascus)

Stephens' kangaroo rat

Perognathus longimembris pacificus

Pacific pocket mouse

Sciuridae

Cynomys spp.

Prairie dogs

Spermophilus brunneus brunneus

Northern Idaho ground squirrel

Tamiasciurus hudsonicus grahamensis

Mount Graham red squirrel

Soricomorpha

Soricidae

Sorex ornatus relictus

Buena Vista Lake ornate shrew

MOLLUSKS:

Order

Family

Genus/Species

Common Name

Neotaenioglossa

Hydrobiidae

Potamopyrgus antipodarum

New Zealand mudsnail

Veneroida

Dreissenidae

Dreissena bugensis

Quagga mussel

Dreissena polymorpha

Zebra mussel

REPTILES:

Order

Family

Genus/Species

Common Name

Crocodilia

Alligatoridae

All species

Alligators, caimans*

Crocodylidae

All species

Crocodiles*

Gavialidae

All species

Gavials*

Squamata

Colubridae

Boiga irregularis

Brown tree snake*

CRUSTACEANS:

Order

Family

Genus/Species

Common Name

Decapoda

Cambaridae

Cambarus aculabrum

Cave crayfish

Cambarus zophonastes

Cave crayfish

Orconectes rusticus

Rusty crayfish

Orconectes shoupi

Nashville crayfish

Pacifastacus fortis

Shasta crayfish

Procambarus sp.

Marbled crayfish

Parastacidae

Cherax spp.

Australian crayfish

Varunidea

Eriocheir sinensis

Chinese mitten crab


B. Temporary possession permit for certain animals. Notwithstanding the permitting requirements of subsection A of this section, a person, company or corporation possessing any nonnative (exotic) animal, designated with an asterisk (*) in subsection A of this section, prior to July 1, 1992, must declare such possession in writing to the department by January 1, 1993. This written declaration shall serve as a permit for possession only, is not transferable, and must be renewed every five years. This written declaration must include species name, common name, number of individuals, date or dates acquired, sex (if possible), estimated age, height or length, and other characteristics such as bands and band numbers, tattoos, registration numbers, coloration, and specific markings. Possession transfer will require a new permit according to the requirements of this subsection.

C. Exception for certain monk parakeets. A permit is not required for monk parakeets (quakers) that have been captive bred and are closed-banded with a seamless band.

D. Exception for parts or products. A permit is not required for parts or products of those nonnative (exotic) animals listed in subsection A of this section that may be used for personal use, in the manufacture of products, or used in scientific research, provided that such parts or products be packaged outside the Commonwealth by any person, company, or corporation duly licensed by the state in which the parts originate. Such packages may be transported into the Commonwealth, consistent with other state laws and regulations, so long as the original package remains unbroken, unopened and intact until its point of destination is reached. Documentation concerning the type and cost of the animal parts ordered, the purpose and date of the order, point and date of shipping, and date of receiving shall be kept by the person, business or institution ordering such nonnative (exotic) animal parts. Such documentation shall be open to inspection by a representative of the Department of Game and Inland Fisheries.

E. Exception for prairie dogs. The effective date of listing of prairie dogs under subsection A of this section shall be January 1, 1998. Prairie dogs possessed in captivity in Virginia on December 31, 1997, may be maintained in captivity until the animals' deaths, but they may not be sold on or after January 1, 1998, without a permit.

F. Exception for snakehead fish. Anglers may legally harvest snakehead fish of the family Channidae, provided that they immediately kill such fish and that they notify the department, as soon as practicable, of such actions.

G. Exception for feral hogs. [ All trapped and harvested hogs must be reported to the department upon vehicle transport or processing of the carcass without unnecessary delay. ] Anyone may legally trap feral hogs with written permission of the landowner, provided that any trapped hogs are not removed from the trap site alive and are killed immediately.

G. H. All other nonnative (exotic) animals. All other nonnative (exotic) animals not listed in subsection A of this section may be possessed, purchased, and sold; provided, that such animals shall be subject to all applicable local, state, and federal laws and regulations, including those that apply to threatened/endangered species, and further provided, that such animals shall not be liberated within the Commonwealth.

VA.R. Doc. No. R15-4398; Filed July 21, 2015, 11:46 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Final Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.

Title of Regulation: 4VAC15-40. Game: In General (amending 4VAC15-40-20, 4VAC15-40-195, 4VAC15-40-220, 4VAC15-40-280; adding 4VAC15-40-22; repealing 4VAC15-40-21).

Statutory Authority: § 29.1-501 of the Code of Virginia.

Effective Date: August 1, 2015.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.

Summary:

The amendments (i) define "bow and arrow," "crossbow," and "archery equipment," establish the minimum head width allowable to archery hunt bear, deer, elk, and turkeys, and incorporate the licensing of hunting with crossbows into overall archery hunting licensing; (ii) establish a special license to hunt bears for resident and nonresident hunters; (iii) require the daily checking of traps with certain exceptions; (iv) allow the use of remote trap checking systems in lieu of a physical trap check under specified conditions; (v) increase the maximum allowable snare height and establish requirements for when the top of the snare loop is set above a certain height; (vi) establish that a hunting permit is needed on any lands, public as well as private, that are managed by the department through a lease agreement or memorandum of agreement where the department issues an annual hunting permit; and (vii) replace the term "stamp" with the more descriptive term "permit."

4VAC15-40-20. Hunting with arrows to which any drug, chemical or toxic substance has been added or explosive-head arrows prohibited Archery hunting requirements.

A. "Bow and arrow" means a weapon made of a strip of flexible material, which, when bent by drawing a string or cable connecting the two ends, uses the energy stored in the flexible material to propel an arrow.

B. "Crossbow" means a bow and arrow mounted horizontally on a stock having a trigger mechanism to release the string.

C. "Archery equipment" means a bow and arrow or a crossbow.

D. Arrows used for hunting bear, deer, elk, and turkey must have a minimum head width of 7/8 inch in a fixed or expanded position.

E. Except as otherwise provided by law or regulation, it shall be unlawful to use arrows to which any drug, chemical or toxic substance has been added or arrows with explosive heads at any that time for the purpose of hunting wild birds or wild animals.

4VAC15-40-21. Special crossbow license; hunting with crossbows. (Repealed.)

There shall be a license to hunt with a crossbow during the special archery seasons that shall be in addition to the license required to hunt small game. The fee for the special crossbow license shall be as specified in 4VAC15-20-65.

4VAC15-40-22. Special license for hunting bear.

There shall be a special license to hunt bears that shall be in addition to the state resident license to hunt or state nonresident license to hunt. The fee for the special bear license shall be as specified in 4VAC15-20-65.

4VAC15-40-195. Visiting traps, generally; visiting completely submerged, body-gripping traps; use of remote trap check systems.

A. Except as provided in subsections B and C of this section, it shall be unlawful to fail to visit all traps once each day and remove all animals caught.

B. Body-gripping traps that are completely submerged by water must be visited at least once every 72 hours.

C. Remote trap checking systems may be used in lieu of a physical trap visit when such systems (i) have a control unit that reports trap status to a centralized application database at least once every 24 hours; (ii) have notification alarms that report trap closures and system health issues within one hour of detection via email and text-based messaging systems; and (iii) have on-demand control unit testing capabilities for determining trap status, signal strength, and battery condition via remote system check-in. If the control unit reports a trap closure, the user is required to physically visit the trap within 24 hours of the time the trap was reported closed. If the control unit fails to report its current status within a 24-hour check-in period or reports a system health issue, the user is required to physically check the trap within 24 hours of the last time an open trap signal was received.

4VAC15-40-220. Use of deadfalls prohibited; restricted use of snares.

It shall be unlawful to trap, or attempt to trap, on land any wild bird or wild animal with any deadfall or snare; provided, that snares with loops no more than 12 inches in diameter and with the top bottom of the snare loop set not to exceed 12 inches above ground level may be used with the written permission of the landowner. Snares with the top of the snare loop set higher than 12 inches above ground level must include a [ relaxing lock single-piece lock that is not power assisted ], a cable stop that prevents the snare loop from closing smaller than 2-1/2 inches in diameter, and a break-away device that has been tested to break or disassemble at no more than 285 pounds pull.

4VAC15-40-280. Department-owned, controlled, or managed lands; annual stamp permit for hunting on private lands managed by the department.

A. The open seasons for hunting and trapping, as well as hours, methods of taking, and bag limits for department-owned or controlled department-controlled lands, or lands managed by the department under cooperative agreement, shall conform to the regulations of the board unless excepted by posted rules established by the director or his designee. Such posted rules shall be displayed at each recognized entrance to the land where the posted rules are in effect.

B. Department-owned lands shall be open to the public for wildlife observation and for hunting, fishing, trapping, and boating (as prescribed by 4VAC15-320-100) under the regulations of the board. Other activities deemed appropriate by the director or his designee may be allowed by posted rules, by written authorization from the director or his designee, or by special permit.

C. No person shall hunt on private lands managed by the department through a lease agreement or other similar memorandum of agreement where the department issues an annual hunting stamp permit without having purchased a valid annual hunting stamp permit. The annual hunting stamp permit shall be in addition to the required licenses to hunt, and the cost of such stamp permit shall be the same as the cost of the annual state resident hunting license in § 29.1-303 of the Code of Virginia.

D. Activities that are not generally or specifically authorized in accordance with subsections A through C of this section are prohibited and shall constitute a violation of this regulation.

VA.R. Doc. No. R15-4399; Filed July 21, 2015, 10:12 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.

Title of Regulation: 4VAC15-50. Game: Bear (amending 4VAC15-50-120).

Statutory Authority: § 29.1-501 of the Code of Virginia.

Public Hearing Information:

August 20, 2015 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228

Public Comment Deadline: August 5, 2015.

Agency Contact: Ryan Brown, Legislative and Policy Manager, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 263-3258, or email ryan.brown@dgif.virginia.gov.

Summary:

The proposed amendment establishes a bear hound training season in Charlotte County that is open from the first Saturday in September through the last Saturday in September, both dates inclusive.

4VAC15-50-120. Bear hound training season.

A. It shall be lawful to chase black bear with dogs, without capturing or taking, from the second Saturday in August through the last Saturday in September, both dates inclusive, in all counties and cities or in the portions in which bear hunting is permitted except in the counties of Accomack, Amelia, Appomattox, Brunswick, Buckingham, Campbell, Caroline, Charles City, Charlotte, Chesterfield, Clarke, Cumberland, Dinwiddie, Essex, Fairfax, Fauquier, Fluvanna, Frederick, Gloucester, Goochland, Grayson (west of Route 16), Greensville, Halifax, Hanover, Henrico, Henry, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Loudoun, Louisa, Lunenburg, Mathews, Mecklenburg, Middlesex, New Kent, Northampton, Northumberland, Nottoway, Orange, Patrick, Pittsylvania, Powhatan, Prince Edward, Prince George, Prince William, Richmond, Roanoke (south of Interstate 81), Smyth (that part south of Interstate 81 and west of Route 16), Southampton, Spotsylvania, Stafford, Surry, Sussex, Westmoreland, and York, and in the cities of Hampton, Newport News and Norfolk.

B. It shall be lawful to chase black bear with dogs, without capturing or taking, from the Saturday prior to the third Monday in November and for 14 days following, both dates inclusive, in the counties of Amelia, Appomattox, Buckingham, Brunswick, Campbell (east of the Norfolk Southern Railroad), Charles City, Charlotte, Cumberland, Essex, Gloucester, Greensville, Halifax, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Lunenburg, Mathews, Mecklenburg, Middlesex, New Kent, Northumberland, Nottoway, Pittsylvania (east of the Norfolk Southern Railroad), Prince Edward, Prince George, Richmond, Southampton, Surry, Sussex, Westmoreland, and York.

C. It shall be lawful to chase black bears with dogs, without capturing or taking, in the counties of Brunswick, Charlotte, Greensville, Lunenburg, and Mecklenburg from the first Saturday in September through the last Saturday in September, both dates inclusive.

D. It shall be unlawful to have in possession a firearm, bow, crossbow or any weapon capable of taking a black bear while participating in the bear hound training season. The meaning of "possession" for the purpose of this section shall include, but not be limited to, having a firearm, bow, crossbow or any weapon capable of taking a black bear in or on one's person, vehicle, or conveyance.

VA.R. Doc. No. R15-4470; Filed July 21, 2015, 4:47 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Final Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.

Title of Regulation: 4VAC15-50. Game: Bear (amending 4VAC15-50-12, 4VAC15-50-70, 4VAC15-50-81, 4VAC15-50-110, 4VAC15-50-120).

Statutory Authority: § 29.1-501 of the Code of Virginia.

Effective Date: August 1, 2015.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341 or email phil.smith@dgif.virginia.gov.

Summary:

The amendments (i) move the youth and apprentice hunter bear hunting day from the last Saturday in September to the second Saturday in October and add the Sunday following it, making it a youth and apprentice hunter bear hunting weekend; (ii) for the Saturday of the youth and apprentice weekend, allow the use of hounds anywhere they are allowed during the open (firearm) season and in the southwest training counties, and list the areas where hunting with bear hounds during this day is prohibited; (iii) replace the term "bow and arrow" with the term "archery" or "archery equipment"; (iv) move the requirements for minimum arrow head width and distance a bow must be capable of shooting to 4VAC15-40-20; (v) remove the reference to season dates; (vi) provide exceptions for the use of firearms and bear hounds on the youth and apprentice bear hunting day; (vii) remove references to deer and turkey to accommodate the establishment of a separate special license to hunt bears; (viii) clarify the areas dogs are not permitted during open (firearms) bear season; and (ix) allow for or adjust the length of bear hound training season in several counties.

4VAC15-50-12. Youth and apprentice hunter bear hunting day weekend.

It shall be lawful for hunters 15 years of age and under and holders of a valid apprentice hunting license, when in compliance with all applicable laws and license requirements, to hunt bears on the last second Saturday in September October and the following calendar day when accompanied and directly supervised by an adult who has a valid Virginia hunting license on his person or is exempt from purchasing a hunting license. Adult hunters accompanying youth or apprentice bear hunters on this day weekend may not carry or discharge weapons. Bear bag limit, weight limits, and all other take restrictions specifically provided in the sections appearing in this chapter apply to this youth day weekend. Bear hunting with dogs is prohibited except any place where there is a bear hound training season currently in progress as defined in 4VAC15-50-120 (Bear hound training season) and tracking in the counties of Accomack, Campbell (west of Norfolk Southern Railroad), Fairfax, [ Grayson (east of Route 16), Henry, ] Loudoun, Northampton, [ Patrick, ] Pittsylvania (west of Norfolk Southern Railroad), Roanoke (south of Interstate 81), [ Smyth (south of Interstate 81 and east of Route 16), Washington (south of Interstate 81), ] and in the city of Lynchburg; and on Amelia, Chester F. Phelps, G. Richard Thompson, and Pettigrew Wildlife Management Areas. Tracking dogs as defined described in § 29.1-516.1 of the Code of Virginia may be used.

4VAC15-50-70. Bow and arrow Archery hunting.

A. It shall be lawful to hunt bear during the special archery season with bow and arrow archery equipment from the first Saturday in October through the Friday prior to the third Monday in November, both dates inclusive.

B. It shall be unlawful to carry firearms while hunting with bow and arrow archery equipment during the special archery seasons, except that hunters 15 years of age and under and apprentice hunters may be in possession of firearms while hunting on youth and apprentice hunter bear hunting weekend as authorized by 4VAC15-50-12 and except that a muzzleloading gun, as defined in 4VAC15-50-71, may be in the possession of a properly licensed muzzleloading gun hunter when and where the early special archery bear season overlaps the early special muzzleloading bear season.

C. Arrows used for hunting big game must have a minimum width head of 7/8 of an inch and the bow used for such hunting must be capable of casting a broadhead arrow a minimum of 125 yards.

D. C. It shall be unlawful to use dogs when hunting with bow and arrow from the second Saturday in October through the Saturday prior to the second Monday in November, both dates inclusive, except archery equipment during the special archery season, except that hounds may be used by hunters participating in the youth and apprentice hunter bear hunting weekend in areas as defined in 4VAC15-50-12, and that tracking dogs as defined described in § 29.1-516.1 of the Code of Virginia may be used.

4VAC15-50-81. Validating tags and checking bear by licensee or permittee.

A. Any person killing a bear shall, before removing the carcass from the place of kill, validate an appropriate tag on their special license for hunting bear, deer, and turkey or special permit by completely removing the designated notch area from the tag. Place of kill shall be defined as the location where the animal is first reduced to possession. It shall be unlawful for any person to validate (notch) a bear tag from any special license for hunting bear, deer, and turkey or special permit prior to the killing of a bear. A bear tag that is mistakenly validated (notched) prior to the killing of a bear must be immediately voided by the licensee or permittee by writing, in ink, the word "VOID" on the line provided on the license tag.

B. Upon killing a bear and validating (notching) a license tag or special permit, as provided above in subsection A of this section, the licensee shall, upon vehicle transport of the carcass or at the conclusion of legal hunting hours, whichever occurs first, and without unnecessary delay, present the carcass and validated (notched) license tag or special permit to an authorized bear checking station or to an appropriate representative of the department in the county or adjoining county in which the bear was killed. Upon presentation of the carcass and validated (notched) license tag or special permit to the bear checking station, the licensee shall surrender or allow to be removed one premolar tooth from the carcass. At such time, the person checking the carcass will be given a game check card. The successful hunter shall then immediately record the game check card number, in ink, on the line provided adjacent to the license tag that was validated (notched) in the field. The game check card must be kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, the game check card must be securely attached to the carcass.

C. It shall be unlawful for any person to destroy the identity (sex) of any bear killed unless and until the license tag or special permit is validated (notched) and checked as required by this section. Successful bear hunters are allowed to dismember the carcass to pack it out from the place of kill, after an appropriate license tag has been validated (notched) as required above, as long as the sex of the animal remains identifiable and all the parts of the carcass are present when the bear is checked at an authorized bear checking station. Any bear found in the possession of any person without a validated (notched) license tag or documentation that the bear has been checked at an authorized bear checking station as required by this section shall be forfeited to the Commonwealth to be disposed of as provided by law.

4VAC15-50-110. Use of dogs in hunting bear.

A. It shall be unlawful to use dogs for the hunting of bear during the open season for hunting deer in the counties west of the Blue Ridge Mountains and in the counties of Amherst (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the town of Amherst continuing north on U.S. 29 to the Tye River), Bedford, and Nelson (west of Route 151); and within the boundaries of the national forests, except that tracking dogs as defined described in § 29.1-516.1 of the Code of Virginia may be used.

B. It shall be unlawful to use dogs for the hunting of bear during the first 14 days of the open season for hunting deer in the counties of Greene and Madison, except that tracking dogs as defined described in § 29.1-516.1 of the Code of Virginia may be used.

C. It shall be unlawful to use dogs for the hunting of bear during the open season prescribed in 4VAC15-50-11 in the counties of Campbell (west of Norfolk Southern Railroad), Carroll (east of the New River), Fairfax, Floyd, Franklin, Grayson (east of the New River), Henry, Loudoun, Montgomery (south of Interstate 81), Patrick, Pittsylvania (west of Norfolk Southern Railroad), Pulaski (south of Interstate 81), Roanoke (south of Interstate 81), Wythe (southeast of the New River or that part bounded by Route 21 on the west, Interstate 81 on the north, the county line on the east, the New River on the southeast and Cripple Creek on the south); in the city of Lynchburg; and on Amelia, Chester F. Phelps, G. Richard Thompson, and Pettigrew wildlife management areas Wildlife Management Areas, except that tracking dogs as defined described in § 29.1-516.1 of the Code of Virginia may be used.

4VAC15-50-120. Bear hound training season.

A. It shall be lawful to chase black bear with dogs, without capturing or taking, from the second Saturday in August through the last Saturday in September, both dates inclusive, in all counties and cities or in the portions in which bear hunting is permitted except in the counties of Accomack, Amelia, Appomattox, Brunswick, Buckingham, Campbell, Caroline, Carroll, Charles City, Charlotte, Chesterfield, Clarke, Cumberland, Dinwiddie, Essex, Fairfax, Fauquier, Floyd, Fluvanna, Franklin, Frederick, Gloucester, Goochland, [ Grayson (west of Route 16), ] Greensville, Halifax, Hanover, Henrico, [ Henry, ] Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Loudoun, Louisa, Lunenburg, Mathews, Mecklenburg, Middlesex, Montgomery (south of Interstate 81), New Kent, Northampton, Northumberland, Nottoway, Orange, [ Patrick, ] Pittsylvania, Powhatan, Prince Edward, Prince George, Prince William, Pulaski (south of Interstate 81), Richmond, Roanoke (south of Interstate 81), [ Smyth (south of Interstate 81), Smyth (that part south of Interstate 81 and west of Route 16), ] Southampton, Spotsylvania, Stafford, Surry, Sussex, Washington (south of Interstate 81), Westmoreland, Wythe (south of Interstate 81), and York, and in the cities of Hampton, Newport News and Norfolk.

B. It shall be lawful to chase black bear with dogs, without capturing or taking, from the Saturday prior to the third Monday in November and for 14 days following, both dates inclusive, in the counties of Amelia, Appomattox, Buckingham, Brunswick, Campbell (east of the Norfolk Southern Railroad), Charles City, Charlotte, Cumberland, Essex, Gloucester, Greensville, Halifax, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Lunenburg, Mathews, Mecklenburg, Middlesex, New Kent, Northumberland, Nottoway, Pittsylvania (east of the Norfolk Southern Railroad), Prince Edward, Prince George, Richmond, Southampton, Surry, Sussex, Westmoreland, and York.

C. It shall be lawful to chase black bears with dogs, without capturing or taking, in the counties of Brunswick, Greensville, Lunenburg, and Mecklenburg from the first Saturday in September through the third last Saturday in September, both dates inclusive.

D. It shall be unlawful to have in possession a firearm, bow, crossbow or any weapon capable of taking a black bear while participating in the bear hound training season. The meaning of "possession" for the purpose of this section shall include, but not be limited to, having a firearm, bow, crossbow or any weapon capable of taking a black bear in or on one's person, vehicle, or conveyance.

VA.R. Doc. No. R15-4400; Filed July 21, 2015, 4:09 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Final Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.

Title of Regulation: 4VAC15-70. Game: Bobcat (amending 4VAC15-70-30).

Statutory Authority: § 29.1-501 of the Code of Virginia.

Effective Date: August 1, 2015.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.

Summary:

The amendment removes the season bag limit of 12 bobcats per year taken by hunting and trapping combined.

4VAC15-70-30. Bag limit.

The bag limit for hunting bobcat shall be two per hunting party, taken between noon of one day and noon the following day. The season bag limit shall be 12 bobcats in the aggregate, taken by hunting and trapping combined.

VA.R. Doc. No. R15-4401; Filed July 21, 2015, 7:23 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Final Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.

Title of Regulation: 4VAC15-90. Game: Deer (amending 4VAC15-90-23, 4VAC15-90-70, 4VAC15-90-80, 4VAC15-90-89, 4VAC15-90-91, 4VAC15-90-231, 4VAC15-90-293).

Statutory Authority: § 29.1-501 of the Code of Virginia.

Effective Date: August 1, 2015.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341 or email phil.smith@dgif.virginia.gov.

Summary:

The amendments (i) expand the youth and apprentice hunter deer hunting day by one day, making it a youth and apprentice hunter deer hunting weekend; (ii) replace the term "bow and arrow" with the term "archery" or "archery equipment" and move the requirements for minimum arrow head width and distance a bow must be capable of shooting from this regulation to 4VAC15-40; (iii) adjust the numbers of days that deer of either sex may be taken during the muzzleloading gun and the general firearms deer hunting seasons in various locations statewide; (iv) in Rappahannock County, prohibit the taking of a second or third antlered deer prior to taking at least one or two, respectively, antlerless deer; (v) remove references to bear to accommodate the establishment of a special hunting license to hunt bears; (vi) remove language that could create a misimpression about whether cervids harvested from an area adjacent to a carcass-restriction zone may enter Virginia; and (vii) prohibit the possession and use of cervid excretions and bodily fluids for the purpose of taking, attempting to take, attracting, or scouting any wild animal.

4VAC15-90-23. Youth and apprentice hunter deer hunting day weekend.

It shall be lawful for deer hunters 15 years of age and under and holders of an apprentice hunting license, when in compliance with all applicable laws and license requirements, to hunt deer on the last Saturday in September and the following calendar day when accompanied and directly supervised by an adult who has a valid Virginia hunting license on his person or is exempt from purchasing a hunting license. Deer of either-sex may be taken on this special youth and apprentice deer hunting day weekend. Adult hunters accompanying youth or apprentice deer hunters on this day weekend may not carry or discharge weapons. Blaze orange is required for all persons hunting any species or any person accompanying a hunter on this day weekend unless otherwise exempted by state law. Deer hunting with dogs is prohibited, except that tracking dogs as defined described in § 29.1-516.1 of the Code of Virginia may be used. [ Youth and apprentice deer hunters are limited on this weekend to one deer per hunter. ]

4VAC15-90-70. Bow and arrow Archery hunting.

A. It shall be lawful to hunt deer during the early special archery season with bow and arrow archery equipment from the first Saturday in October through the Friday prior to the third Monday in November, both dates inclusive.

B. In addition to the season provided in subsection A of this section, it shall be lawful to hunt deer during the late special archery season with bow and arrow archery equipment from the Sunday following the close of the general firearms season on deer through the first Saturday in January, both dates inclusive, in all cities, towns, and counties west of the Blue Ridge Mountains (except Clarke County and on non-national forest lands in Frederick County) and in the counties (including the cities and towns within) of Amherst (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River), Bedford, Franklin, Henry, Nelson (west of Route 151), Patrick and on the Chester F. Phelps Wildlife Management Area and on national forest lands in Frederick County and from December 1 through the first Saturday in January, both dates inclusive, in the cities of Chesapeake, Suffolk (east of the Dismal Swamp Line), and Virginia Beach.

C. Deer of either sex may be taken full season during the special archery seasons as provided in subsections A and B of this section (except on PALS (Public Access Lands) in Dickenson County where it shall be unlawful to take antlerless deer during the special archery seasons provided for in subsections A and B of this section).

D. It shall be unlawful to carry firearms while hunting with bow and arrow archery equipment during the special archery seasons, except that a muzzleloading gun, as defined in 4VAC15-90-80, may be in the possession of a properly licensed muzzleloading gun hunter when and where a special archery deer season overlaps a special muzzleloading deer season.

E. Arrows used for hunting big game must have a minimum width head of 7/8 of an inch and the bow used for such hunting must be capable of casting a broadhead arrow a minimum of 125 yards.

F. E. It shall be unlawful to use dogs when hunting with bow and arrow archery equipment during any special archery season, except that tracking dogs as defined described in § 29.1-516.1 of the Code of Virginia may be used.

G. For the purpose of the application of subsections A through I to this section, the phrase "bow and arrow" includes crossbows.

H. F. It shall be lawful to hunt antlerless deer during the special urban archery season with bow and arrow archery equipment from the first Saturday in September through the Friday prior to the first Saturday in October, both dates inclusive, and from the Sunday following the first Saturday in January through the last Sunday in March, both dates inclusive, within the incorporated limits of any city or town in the Commonwealth (except on national forest and department-owned lands) and counties with a human population density of 300 persons per square mile or more (except on national forest and department-owned lands), provided that its governing body submits by certified letter to the department prior to April 1, its intent to participate in the special urban archery season. Any city, town, or county no longer participating in this season shall submit by certified letter to the department prior to April 1 notice of its intent not to participate in the special urban archery season.

I. G. It shall be lawful to hunt antlerless deer during the special antlerless archery season with a bow and arrow archery equipment from the Monday following the last Sunday in March through the last Sunday in April, both dates inclusive, in Arlington, Fairfax, Loudoun, and Prince William counties (including the cities and towns within).

4VAC15-90-80. Muzzleloading gun hunting.

A. It shall be lawful to hunt deer during the early special muzzleloading season with muzzleloading guns from the Saturday prior to the first Monday in November through the Friday prior to the third Monday in November, both dates inclusive, in all cities, towns, and counties where deer hunting with a rifle or muzzleloading gun is permitted, except in the cities of Chesapeake, Suffolk (east of the Dismal Swamp Line), and Virginia Beach.

B. It shall be lawful to hunt deer during the late special muzzleloading season with muzzleloading guns starting 21 consecutive days immediately prior to and on the first Saturday in January, in all cities, towns, and counties west of the Blue Ridge Mountains (except Clarke County and on non-national forest lands in Frederick County), and east of the Blue Ridge Mountains in the counties (including the cities and towns within) of Amherst (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River), Bedford, Franklin, Henry, Nelson (west of Route 151), Patrick and on national forest lands in Frederick County and in the cities of Chesapeake, Suffolk (east of the Dismal Swamp Line), and Virginia Beach.

C. Deer of either sex may be taken during the entire early special muzzleloading season east of the Blue Ridge Mountains unless otherwise noted below:

- 1. Deer of either sex may be taken on the second Saturday only of the early special muzzleloading season on state forest lands, state park lands (except Occoneechee State Park), department-owned lands (except on Merrimac Farm Wildlife Management Area) and Philpott Reservoir.

- 2. Antlered bucks only—no either-sex deer hunting days during the early special muzzleloading season on national forest lands in Amherst, Bedford, and Nelson counties.

D. Deer of either sex may be taken on the second Saturday only during the early special muzzleloading season west of the Blue Ridge Mountains unless otherwise noted below:

- 1. Deer of either sex may be taken during the entire early special muzzleloading season in Clarke and Floyd counties and on private lands in Carroll, Frederick, Grayson, Montgomery, Roanoke, Shenandoah, and Warren counties.

2. Deer of either sex may be taken on the second Saturday and the last five days of the early muzzleloading season on private lands in Botetourt County.

- 3. Antlered bucks only—no either-sex deer hunting days during the early special muzzleloading season in Buchanan, Dickenson, Lee, Russell, Smyth, Tazewell, Washington, and Wise counties and on national forest lands in Alleghany, Botetourt, Bland, Craig, Frederick, Giles, Grayson, Montgomery, Page, Pulaski, Rockingham, Scott, Shenandoah, Warren, and on national forest and department-owned lands in Augusta, Bath, Botetourt, Carroll, Highland, and Roanoke, Rockbridge, Smyth, Washington, and Wythe counties and on Grayson Highlands State Park and on private lands west of Routes 613 and 731 in Rockingham County.

E. Deer of either sex may be taken during the last six days of the late special muzzleloading season unless otherwise listed below:

- 1. Deer of either sex may be taken full season during the entire late special muzzleloading season in the counties (including the cities and towns within) of Amherst (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River, except on national forest lands), Bedford (except on national forest lands), Floyd, Franklin, Henry, Nelson (west of Route 151, except on national forest lands), and Patrick and on private lands in Carroll, Grayson, Montgomery, Roanoke, Shenandoah, and Warren counties and in the cities of Chesapeake, Suffolk (east of the Dismal Swamp Line), and Virginia Beach.

- 2. Deer of either sex may be taken the last day only during the late special muzzleloading season in Alleghany, Bath, Dickenson (north of Route 83), Highland, Lee, Russell, Scott, Smyth, Tazewell, Washington, and Wise counties and on national forest lands in Amherst, Bedford, [ Botetourt, ] Frederick, Grayson, Nelson, Page, Rockingham, Scott, Shenandoah, and Warren counties, and on national forest and department-owned lands in Augusta and, Botetourt, Rockbridge, Smyth, and Washington counties and on private lands west of Routes 613 and 731 in Rockingham County and Grayson Highlands State Park.

- 3. Antlered bucks only—no either-sex deer hunting days during the late special muzzleloading season in Buchanan and Dickenson (south of Route 83).

F. Deer of either sex may be taken full season during the special muzzleloading seasons within the incorporated limits of any city or town in the Commonwealth that allows deer hunting except in the counties of Buchanan, Dickenson, and Wise.

G. It shall be unlawful to hunt deer with dogs during any special season for hunting with muzzleloading guns, except that tracking dogs as defined described in § 29.1-516.1 of the Code of Virginia may be used.

H. A muzzleloading gun, for the purpose of this section, means a single shot weapon, .45 caliber or larger, firing a single projectile or sabot (with a .38 caliber or larger projectile) of the same caliber loaded from the muzzle of the weapon and propelled by at least 50 grains of black powder (or black powder equivalent or smokeless powder).

I. It shall be unlawful to have in immediate possession any firearm other than a muzzleloading gun while hunting with a muzzleloading gun in a special muzzleloading season.

4VAC15-90-85. Elk hunting.

EDITOR'S NOTE: The Board of Game and Inland Fisheries did not adopt the proposed amendments to expand the area where elk are protected to all 31 counties west of the Blue Ridge Mountains. Such protection continues to apply to Buchanan, Dickenson, and Wise counties. Since the proposed amendments were not adopted, this section has no change.

A. Closed season. There shall be a continuous closed season for elk (Cervus elaphus) hunting in [ Buchanan, Dickenson, and Wise counties all counties west of the Blue Ridge Mountains ].

B. Open season. Except as otherwise provided by this chapter, it shall be lawful to hunt elk of either sex during (i) the general firearms deer seasons (as prescribed by 4VAC15-90-10 and 4VAC15-90-23), (ii) the special archery seasons (as prescribed by 4VAC15-90-70), and (iii) the special muzzleloading seasons (as prescribed by 4VAC15-90-80) with bag limits as prescribed in 4VAC15-90-90.

C. Validating tags and checking elk by licensee or permittee. Upon killing an elk, any licensed or permitted hunter shall validate a tag, bonus deer permit, or special permit and check the elk in accordance with 4VAC15-90-231. At the time of checking, the hunter must call the department upon receiving a check card or confirmation number to schedule an inspection of the carcass and the site of kill for the collection of biological samples for disease testing.

D. Checking elk by persons exempt from license requirements or holding a license authorization number. Upon killing an elk, any person (i) exempt from license requirement as prescribed in § 29.1-301 of the Code of Virginia, (ii) issued a complimentary license as prescribed in § 29.1-339 of the Code of Virginia, (iii) holding a permanent license issued pursuant to § 29.1-301 E, or (iv) holding a Virginia license authorization number issued by a telephone or electronic media agent pursuant to § 29.1-327 B of the Code of Virginia shall check the elk in accordance with 4VAC15-90-241. At the time of checking, the hunter must call the department upon receiving a check card or confirmation number to schedule an inspection of the carcass and the site of kill for the collection of biological samples for disease testing.

4VAC15-90-89. Earn a buck (EAB).

For the purposes of this section, the term "license year" defines the period between July 1 and June 30 of the following year.

Arlington County (including the cities and towns within). During a license year, it shall be unlawful to take a second antlered deer in Arlington County prior to taking at least two antlerless deer in Arlington County, and it shall be unlawful to take a third antlered deer in Arlington County prior to taking at least three antlerless deer in Arlington County.

Bedford County on private lands (including the cities and towns within). During a license year, it shall be unlawful to take a second antlered deer on private lands in Bedford County prior to taking at least one antlerless deer on private lands in Bedford County, and it shall be unlawful to take a third antlered deer on private lands in Bedford County prior to taking at least two antlerless deer on private lands in Bedford County.

Clarke County on private lands (including the cities and towns within). During a license year, it shall be unlawful to take a second antlered deer on private lands in Clarke County prior to taking at least one antlerless deer on private lands in Clarke County.

Fairfax County (including the cities and towns within). During a license year, it shall be unlawful to take a second antlered deer in Fairfax County prior to taking at least two antlerless deer in Fairfax County, and it shall be unlawful to take a third antlered deer in Fairfax County prior to taking at least three antlerless deer in Fairfax County.

Frederick County on private lands (including the cities and towns within). During a license year, it shall be unlawful to take a second antlered deer on private lands in Frederick County prior to taking at least one antlerless deer on private lands in Frederick County.

Loudoun County (including the cities and towns within). During a license year, it shall be unlawful to take a second antlered deer in Loudoun County prior to taking at least two antlerless deer in Loudoun County, and it shall be unlawful to take a third antlered deer in Loudoun County prior to taking at least three antlerless deer in Loudoun County.

Prince William County except on Department of Defense lands (including the cities and towns within). During a license year, it shall be unlawful to take a second antlered deer in Prince William County (except on Department of Defense lands) prior to taking at least two antlerless deer in Prince William County (except on Department of Defense lands), and it shall be unlawful to take a third antlered deer in Prince William County (except on Department of Defense lands) prior to taking at least three antlerless deer in Prince William County (except on Department of Defense lands).

Rappahannock County (including the cities and towns within). During a license year, it shall be unlawful to take a second antlered deer in Rappahannock County prior to taking at least one antlerless deer in Rappahannock County, and it shall be unlawful to take a third antlered deer in Rappahannock County prior to taking at least two antlerless deer in Rappahannock County.

Roanoke County on private lands (including the cities and towns within). During a license year, it shall be unlawful to take a second antlered deer on private lands in Roanoke County prior to taking at least one antlerless deer on private lands in Roanoke County.

Warren County on private lands (including the cities and towns within). During a license year, it shall be unlawful to take a second antlered deer on private lands in Warren County prior to taking at least one antlerless deer on private lands in Warren County.

4VAC15-90-91. General firearms season either-sex deer hunting days.

A. During the general firearms deer season, deer of either sex may be taken within:

Accomack County: the second, third, and fourth Saturdays and the last 27 days full season.

Albemarle County: full season.

Alleghany County: the second Saturday and the last day.

-National forest lands: the last day.

Amelia County: the second and third Saturdays and the last 13 days.

-Amelia WMA: the second and third Saturdays and the last six days.

Amherst County (east of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River): the second, third, and fourth Saturdays and the last 27 days.

Amherst County (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River): full season.

-National forest lands: the last day.

Appomattox County: the second and third Saturdays and the last 13 six days.

-Appomattox-Buckingham State Forest: the second and third Saturdays.

-Featherfin WMA: the second, third, and fourth Saturdays and the last 27 days.

Arlington County: full season.

Augusta County: the second Saturday and the last six days.

-National forest and department-owned lands: the last day.

Bath County: the second Saturday and the last day.

-National forest and department-owned lands: the last day.

Bedford County: full season.

-National forest lands: the last day.

Bland County: the second Saturday and the last two days day.

-National forest lands: the second Saturday and the last day.

Botetourt County: full season.

-National forest and department-owned lands: the last day.

Brunswick County: the second and third Saturdays and the last 13 six days.

Buchanan County: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Buckingham County: the second and third Saturdays and the last 13 six days.

-Horsepen Lake WMA: the second and third Saturdays and the last six days.

-Appomattox-Buckingham State Forest: the second and third Saturdays.

-Featherfin WMA: the second, third, and fourth Saturdays and the last 27 days.

Campbell County: the second, third, and fourth Saturdays and the last 27 days.

Caroline County: the second, and third, and fourth Saturdays and the last 27 13 days.

-Mattaponi WMA: the second and third Saturdays and the last six days.

Carroll County: full season.

-National forest and department-owned lands: the second Saturday and the last day.

Charles City County: full season the second, third, and fourth Saturdays and the last 27 days.

-Chickahominy WMA: the second Saturday after Thanksgiving antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Charlotte County: the second and third Saturdays and the last 13 six days.

Chesapeake (City of): full season the second and third Saturdays and the last 13 days.

Chesterfield County: the second and third Saturdays and the last 13 days.

Clarke County: full season.

Craig County: full season.

-National forest lands: the second Saturday and the last day.

Culpeper County: full season.

-Chester F. Phelps WMA: the second Saturday and the last day.

Cumberland County: the second and third Saturdays and the last 13 days.

-Cumberland State Forest: the second and third Saturdays.

Dickenson County: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Dinwiddie County: the second and third Saturdays and the last 13 six days.

Essex County: the second, third, and fourth Saturdays and the last 27 days.

Fairfax County: full season (restricted to certain parcels of land by special permit).

Fauquier County: full season.

-G. Richard Thompson WMA: the second Saturday and the last day.

-Chester F. Phelps WMA: the second Saturday and the last day.

Floyd County: full season.

Fluvanna County: second and third Saturdays and the last 13 days.

Franklin County: full season.

-Philpott Reservoir: the second Saturday and the last six days.

-Turkeycock Mountain WMA: the second Saturday and the last six days.

Frederick County: full season.

-National forest lands: the last day.

Giles County: full season.

-National forest lands: the second Saturday and the last day.

Gloucester County: the second, third, and fourth Saturdays and the last 27 days.

Goochland County: the second, third, and fourth Saturdays and the last 27 days.

Grayson County: full season.

-National forest lands and Grayson Highlands State Park: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Greene County: full season.

Greensville County: full season.

Halifax County: full season the second, third, and fourth Saturdays and the last 27 days.

Hanover County: full season.

Henrico County: full season.

Henry County: the second and third Saturdays and the last 13 days.

-Fairystone Farms WMA, Fairystone State Park, and Philpott Reservoir: the second Saturday and the last six days.

-Turkeycock Mountain WMA: the second Saturday and the last six days.

Highland County: the second Saturday and the last day.

-National forest and department-owned lands: the last day.

Isle of Wight County: full season.

-Ragged Island WMA: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

James City County: full season.

King and Queen County: the second, and third, and fourth Saturdays and the last 27 13 days.

King George County: the second, third, and fourth Saturdays and the last 27 days full season.

King William County: the second, and third, and fourth Saturdays and the last 27 13 days.

Lancaster County: full season.

Lee County: the second Saturday and the last two days.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Loudoun County: full season.

Louisa County: the second, third, and fourth Saturdays and the last 27 days.

Lunenburg County: the second and third Saturdays and the last 13 six days.

Madison County: full season.

-Rapidan WMA: the second, third, and fourth Saturdays and the last 27 days.

Mathews County: the second, third, and fourth Saturdays and last 27 days.

Mecklenburg County: the second and third Saturdays and the last 13 six days.

-Dick Cross WMA: the second and third Saturdays and the last six days.

Middlesex County: the second, third, and fourth Saturdays and last 27 days.

Montgomery County: full season.

-National forest lands: the second Saturday and the last day.

Nelson County (east of Route 151): the second, third, and fourth Saturdays and the last 27 days.

-James River WMA: the second Saturday and the last six days.

Nelson County (west of Route 151): full season.

-National forest lands: the last day.

New Kent County: full season the second, third, and fourth Saturdays and the last 27 days.

Northampton County: the second, third, and fourth Saturdays and the last 27 days full season.

Northumberland County: full season.

Nottoway County: the second and third Saturdays and the last 13 six days.

Orange County: full season.

Page County: the second Saturday and the last two days.

-National forest lands: the last day.

Patrick County: the second and third Saturdays and the last 13 days.

-Fairystone Farms WMA, Fairystone State Park, and Philpott Reservoir: the second Saturday and the last six days.

Pittsylvania County: the second, third, and fourth Saturdays and the last 27 days.

-White Oak Mountain WMA: the second Saturday and the last day.

Powhatan County: the second and third Saturdays and the last 13 days.

-Powhatan WMA: the second and third Saturdays and the last six 13 days.

Prince Edward County: the second and third Saturdays and the last 13 six days.

-Briery Creek WMA: the second and third Saturdays and the last six days.

-Featherfin WMA: the second, third, and fourth Saturdays and the last 27 days.

-Prince Edward State Forest: the second and third Saturdays.

Prince George County: full season.

Prince William County: full season.

Pulaski County: full season.

-National forest lands: the second Saturday and the last day.

Rappahannock County: full season.

Richmond County: full season.

Roanoke County: full season.

-National forest and department-owned lands: the second Saturday and the last day.

Rockbridge County: the second Saturday and the last two days.

-National forest and department-owned lands: the last day.

Rockingham County: the second Saturday and the last six days.

-National forest lands and private lands west of Routes 613 and 731: the last day.

Russell County: the second Saturday and the last two days.

-Clinch Mountain WMA, Hidden Valley WMA, and the Channels State Forest: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Scott County: the second Saturday and the last six days.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Shenandoah County: full season.

-National forest lands: the last day.

Smyth County: the second Saturday and the last six days.

-National forest lands, Clinch Mountain WMA, and Hungry Mother State Park: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Southampton County: full season.

Spotsylvania County: the second, third, and fourth Saturdays and the last 27 days.

Stafford County: full season.

Suffolk (City of) (east of the Dismal Swamp Line): full season the second and third Saturdays and the last 13 days.

Suffolk (west of the Dismal Swamp Line): full season.

Surry County: full season.

-Carlisle Tract of the Hog Island WMA: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Sussex County: full season.

Tazewell County: the second Saturday and the last two days.

-National forest lands and Clinch Mountain WMA: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Virginia Beach (City of): full season the second and third Saturdays and the last 13 days.

Warren County: full season.

-National forest lands: the last day.

Washington County: the second Saturday and the last six days.

-National forest lands, Clinch Mountain WMA, Hidden Valley WMA, and the Channels State Forest: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Westmoreland County: full season.

Wise County: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Wythe County: full season.

-National forest lands and Big Survey WMA: the second Saturday and the last day.

York County: full season.

B. Except as provided in the subsection A of this section, deer of either sex may be taken full season during the general firearms deer season within the incorporated limits of any city or town, state park, national wildlife refuge, or military installation that allows deer hunting.

4VAC15-90-231. Validating tags and checking deer by licensee or permittee.

A. Any person killing a deer shall, before removing the carcass from the place of kill, validate an appropriate tag on his special license for hunting bear, deer, and turkey, bonus deer permit, or special permit by completely removing the designated notch area from the tag. Place of kill shall be defined as the location where the animal is first reduced to possession. It shall be unlawful for any person to validate (notch) a deer tag from any special license for hunting bear, deer, and turkey, bonus deer permit, or special permit prior to the killing of a deer. A deer tag that is mistakenly validated (notched) prior to the killing of a deer must be immediately voided by the licensee or permittee by writing, in ink, the word "VOID" on the line provided on the license tag.

B. Upon killing a deer and validating (notching) a license tag, bonus deer permit or special permit, as provided above in subsection A of this section, the licensee or permittee shall, upon vehicle transport of the carcass or at the conclusion of legal hunting hours, whichever occurs first, and without unnecessary delay, present the carcass and validated (notched) license tag, bonus deer permit or special permit to an authorized checking station or to an appropriate representative of the department in the county or adjoining county in which the deer was killed or report the kill through the department's automated harvest reporting system. All deer killed after the first Saturday in January (as prescribed in 4VAC15-90-22 4VAC15-90-10 and 4VAC15-90-70) must be checked by telephone or Internet. At such time, the person checking or reporting the carcass will be given a game check card furnished by the department or a confirmation number from the automated reporting system. The successful hunter shall then immediately record the game check card number or confirmation number, in ink, on the line provided on the tag that was validated (notched) in the field. If checked at a big game check station, the game check card must be kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, the game check card must be securely attached to the carcass. If the kill is reported using the automated harvest reporting system, no check card is required as long as the hunter who killed the animal is in possession of the carcass. If the automated harvest reported carcass is left unattended or transferred to the possession of another individual, written documentation including the successful hunter's full name, the date the animal was killed, and the confirmation number must be created and kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, this written documentation must be securely attached to the carcass. Processed carcass parts of a deer killed legally in Virginia may be transported; however, upon request of any authorized law enforcement officer, sufficient verbal or written information necessary to properly establish legal possession must be furnished immediately.

C. It shall be unlawful for any person to destroy the identity of the sex of any deer killed unless and until the license tag, bonus deer permit or special permit is validated (notched) and checked as required by this section. Successful deer hunters are allowed to dismember the carcass to pack it out from the place of kill, after an appropriate license tag has been validated (notched) as required above in subsection A of this section, as long as they do not destroy the identity of the sex and all the parts of the carcass are present when the deer is checked at a big game check station or reported through the automated harvest reporting system. Any deer found in the possession of any person without a validated (notched) license tag or documentation that the deer has been checked (via a big game check station or the automated harvest reporting system) as required by this section shall be forfeited to the Commonwealth to be disposed of as provided by law.

D. Upon killing a deer within an area designated by the department for deer disease management and on days designated by the department, the licensee or permittee shall present the carcass, on the day of kill, at a location designated by the department for the purposes of disease surveillance or biological monitoring.

4VAC15-90-293. Chronic Wasting Disease deer carcass movement restrictions Unauthorized cervid parts, excretions, and carcass importation, movement, possession, and use.

A. For the purposes of this section and in 4VAC15-40-285 and 4VAC15-90-294:

"Cervid" means any member of the deer family Cervidae, including but not limited to white-tailed deer, fallow deer, sika deer, elk, and reindeer.

B. No person shall import or possess any carcass or part of a carcass of any member of the family Cervidae (deer) originating from an enclosure intended to confine deer or elk or from any area designated by the department as a carcass-restriction zone in or adjacent to a state or Canadian province in which Chronic Wasting Disease has been found in free-ranging or captive deer, except that the following carcass parts may be imported and possessed:

1. Boned-out meat that is cut and wrapped;

2. Quarters or other portions of meat with no part of the spinal column or skull attached;

3. Hides or capes with no skull attached;

4. Clean (no meat or tissue attached) skulls or skull plates with or without antlers attached;

5. Antlers (with no meat or tissue attached);

6. Upper canine teeth (buglers, whistlers, or ivories); and

7. Finished taxidermy products.

A legible label shall be affixed to packages or containers containing the allowed carcass parts bearing the following information: the species of animal, the state or province from where the animal originated, and the name and address of the person who killed or owned the animal.

C. Any person who imports into Virginia any deer carcass or parts described in subsection A of this section and is notified that the animal has tested positive for Chronic Wasting Disease must report the test results to the department within 72 hours of receiving the notification. In order to facilitate the proper disposal of any infected material, the department may take into possession any imported carcass or carcass part of an animal if the animal has tested positive for Chronic Wasting Disease.

D. No person shall transport any carcass or part of a carcass of any cervid out of any area designated by the department as a disease containment area, except that the carcass parts enumerated in subsection B of this section may be transported, and carcasses or parts may be transported directly to locations designated by the department, provided that such carcasses or parts are transported without unnecessary delay and secured within a vehicle or vehicles during transit. Provisions of this section shall not apply to employees of the department or another government agency working in an official disease investigation capacity.

E. No person shall for the purposes of taking or attempting to take, attracting, or scouting any wild animal in Virginia possess or use any substance or material that contains or purports to contain any excretion collected from a cervid, including feces, urine, blood, gland oil, or other bodily fluid.

VA.R. Doc. No. R15-4402; Filed July 22, 2015, 2:32 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Final Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.

Title of Regulation: 4VAC15-105. Game: Fisher (adding 4VAC15-105-10).

Statutory Authority: § 29.1-501 of the Code of Virginia.

Effective Date: August 1, 2015.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341 or email phil.smith@dgif.virginia.gov.

Summary:

The regulation establishes a continuous closed hunting and trapping season for fishers.

CHAPTER 105
GAME: FISHER

4VAC15-105-10. Closed season; generally.

There shall be a continuous closed season for hunting and trapping fishers.

VA.R. Doc. No. R15-4403; Filed July 21, 2015, 6:23 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Final Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.

Title of Regulation: 4VAC15-240. Game: Turkey (amending 4VAC15-240-40, 4VAC15-240-51, 4VAC15-240-60, 4VAC15-240-81).

Statutory Authority: § 29.1-501 of the Code of Virginia.

Effective Date: August 1, 2015.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341 or email phil.smith@dgif.virginia.gov.

Summary:

The amendments (i) provide for the issuance of permits to nongovernment organizations that aid sportsmen with impaired mobility to hold events on seven specified days of the spring hunting season in which such sportsmen may hunt from one-half hour before sunrise to sunset; (ii) expand the youth and apprentice hunter turkey hunting day in the spring season from one Saturday to a Saturday and Sunday, making it a youth and apprentice hunter turkey hunting weekend, with a bag limit of one turkey per youth or apprentice hunter for the weekend; (iii) replace the term "bow and arrow" with the terms "archery" or "archery equipment" and move the requirements for minimum arrow head width and distance a bow must be capable of shooting from this regulation to 4VAC15-40; and (iv) remove references to bear to accommodate the establishment of a special hunting license to hunt bears.

4VAC15-240-40. Open season; spring season for bearded turkeys.

A. Except as otherwise provided in this section, it shall be lawful to hunt bearded turkeys from the second Saturday in April and for 35 days following, both dates inclusive, from 1/2 hour before sunrise to 12:00 noon prevailing time during the first 23 days and from 1/2 hour before sunrise to sunset during the last 13 days of the spring season.

B. Turkey hunters 15 years of age and younger and holders of an apprentice hunting license may hunt on the first Saturday in April and the following calendar day from 1/2 hour before sunrise to sunset, when in compliance with applicable license requirements and when accompanied and directly supervised by an adult who has a valid Virginia hunting license on his person or an adult who is exempt from purchasing a hunting license. Adult hunters accompanying youth hunters or apprentice license holders on this day these days may assist with calling but they shall not carry or discharge weapons. Youth and apprentice turkey hunters are limited on this weekend to one turkey per hunter.

C. Upon receipt of an application from an officer or other designated official representative of any nonprofit organization that has support for sportsmen with impaired mobility as one of its mission statements, the director may issue a permit to an officer or representative of the organization that allows sportsmen with impaired mobility to hunt bearded wild turkeys from [ one-half 1/2 ] hour before sunrise to sunset from the 10th through 16th days of the spring season. Such authorization shall be valid only when hunting during an authorized event. All participants shall be in compliance with all requirements of law and regulation that apply during the spring season, and bearded turkeys killed during these events shall count toward daily and annual bag limits.

C. D. Bearded turkeys may be hunted by calling.

D. E. It shall be unlawful to use dogs or organized drives for the purpose of hunting.

E. F. It shall be unlawful to use or have in possession any shot larger than number 2 fine shot when hunting turkeys with a shotgun.

4VAC15-240-51. Youth and apprentice hunter fall turkey hunting day weekend.

In counties, cities, and areas with a fall turkey season, hunters 15 years of age and under and holders of an apprentice hunting license may hunt turkey on the third Saturday in October and the following calendar day when in compliance with applicable license requirements and when accompanied and directly supervised by an adult who has a valid Virginia hunting license on his person or is exempt from purchasing a hunting license. Adult hunters accompanying youth hunters or apprentice license holders on this day these days may assist with calling turkey but they shall not carry or discharge weapons. Youth and apprentice turkey hunters are limited on this weekend to one turkey per hunter.

4VAC15-240-60. Bow and arrow Archery hunting.

A. Season. It shall be lawful to hunt turkey with bow and arrow archery equipment in those counties and areas open to fall turkey hunting from the first Saturday in October through the Saturday prior to the second Monday in November, both dates inclusive.

B. Bag limit. The daily and seasonal bag limit for hunting turkey with bow and arrow archery equipment shall be the same as permitted during the general turkey season in those counties and areas open to fall turkey hunting, and any turkey taken shall apply toward the total season bag limit.

C. Carrying firearms prohibited. It shall be unlawful to carry firearms while hunting with bow and arrow archery equipment during the special archery season.

D. Requirements for bow and arrow. Arrows used for hunting turkey must have a minimum width head of 7/8 of an inch, and the bow used for such hunting must be capable of casting a broadhead arrow a minimum of 125 yards.

E. D. Use of dogs prohibited during bow archery season. It shall be unlawful to use dogs when hunting with bow and arrow archery equipment from the first Saturday in October through the Saturday prior to the second Monday in November, both dates inclusive.

4VAC15-240-81. Validating tags and checking turkey by licensee.

A. Any person killing a turkey shall, before removing the carcass from the place of kill, validate an appropriate tag on his special license for hunting bear, deer, and turkey by completely removing the designated notch area from the tag. Place of kill shall be defined as the location where the animal is first reduced to possession. It shall be unlawful for any person to validate (notch) a turkey tag from any special license for hunting bear, deer, and turkey prior to the killing of a turkey. A turkey tag that is mistakenly validated (notched) prior to the killing of a turkey must be immediately voided by the licensee by writing, in ink, the word "VOID" on the line provided on the tag.

B. Upon killing a turkey and validating (notching) a license tag, as provided above, the licensee shall, upon vehicle transport of the carcass or at the conclusion of legal hunting hours, whichever occurs first, and without unnecessary delay, present the carcass and validated (notched) license tag to an authorized checking station or to an appropriate representative of the department in the county or adjoining county in which the turkey was killed or report his kill through the department's automated harvest reporting system. Turkeys killed during the January season (as prescribed in 4VAC15-240-10) and the spring turkey seasons (as prescribed in 4VAC15-240-40 and 4VAC15-240-60) must be reported through the department's automated harvest reporting system. The person reporting the carcass will be given a game check card furnished by the department or a confirmation number from the automated harvest reporting system. The successful hunter shall then immediately record the game check card number or confirmation number, in ink, on the line provided on the license tag that was validated (notched) in the field. If checked at a big game check station, the game check card must be kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, the game check card must be securely attached to the carcass. If reported using the automated harvest reporting system, no check card is required as long as the hunter who killed the turkey is in possession of the carcass. If the automated harvest reported carcass is left unattended or transferred to the possession of another individual, written documentation including the successful hunter's full name, the date the turkey was killed, and the confirmation number must be created and kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, this written documentation must be securely attached to the carcass.

C. It shall be unlawful for any person to destroy the identity of the sex of any turkey killed unless and until the license tag is validated (notched) and reported to an authorized checking station or to an appropriate representative of the department in the county or adjoining county in which the turkey was killed or by using the automated harvest reporting system as required by this section. Any turkey found in the possession of any person without a validated (notched) license tag or documentation that the turkey has been reported to an authorized checking station or to an appropriate representative of the department in the county or adjoining counties in which the turkey was killed or by using the automated harvest reporting system as required by this section shall be forfeited to the Commonwealth to be disposed of as provided by law.

VA.R. Doc. No. R15-4404; Filed July 21, 2015, 6:57 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Final Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.

Title of Regulation: 4VAC15-275. Game: Hunter Education (adding 4VAC15-275-10 through 4VAC15-275-110).

Statutory Authority: § 29.1-103 of the Code of Virginia (4VAC15-275-100).

§§ 29.1-300.2 and 29.1-501 of the Code of Virginia (4VAC15-275-10 through 4VAC15-275-110).

Effective Date: August 1, 2015.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341 or email phil.smith@dgif.virginia.gov.

Summary:

This regulation establishes the Virginia Hunter Education program, including minimum standards for hunter education course competency, hunter education course provider requirements, course availability, issuance of certificates and the Virginia Hunter Education Card, requirements for recordkeeping of student records, fees, penalties for violations, and instructor certification.

CHAPTER 275
GAME: HUNTER EDUCATION

4VAC15-275-10. Application.

This chapter applies to any person who has never obtained a license to hunt in any state or country or any person who is under the age of 16 years, unless such a person presents to the Department of Game and Inland Fisheries or one of its authorized license vendors a certificate of completion in hunter education issued or authorized by the director or his representative under the hunter education program or proof that he holds the equivalent certificate obtained from an authorized agency or association of another state or country.

4VAC15-275-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly requires a different meaning:

"Accompanied and directly supervised" means, in the case of an apprentice hunter, that a licensed person over 18 years of age maintains a close visual and verbal contact with, provides adequate direction to, and can immediately assume control of the firearm from the apprentice hunter. In the case of a hunter age 12 years or under, the term means that the licensed adult is within sight of the person under the age of 12 years.

"Adult" means the parent or legal guardian of the person under age 12 years, or such person over the age of 18 years designated by the parent or legal guardian.

"Approved course provider" is any individual, business, or organization that makes available to the hunting public a hunter education course that is approved by the International Hunter Education Association – United States (IHEA-USA) and is accepted by the department. An approved course provider shall have executed and have on file a valid cooperative agreement with the department. The department will make information regarding such approved courses and providers readily available for public access.

"Board" means the Board of Game and Inland Fisheries.

"Department" means the Department of Game and Inland Fisheries.

"Hunter education course" means a course offered in the classroom, through the Internet, or through an electronic format that provides course content and test questions that at a minimum meet the International Hunter Education Association-USA Education Standards, May 2, 2014, set forth by the International Hunter Education Association-USA (IHEA-USA) and are accepted by the department. A hunter education course shall include no less than 50 test questions, which shall include at least eight test questions specific to Virginia hunting laws.

"IHEA-USA" means the International Hunter Education Association-USA.

"Virginia Hunter Education Card" means a card authorized for issuance by the department to a person who has met the minimum standard of hunter education course competency. This card may be issued as an original or a replacement hunter education course card.

4VAC15-275-30. Provisions for compliance and minimum standards for hunter education course competency.

A. A person shall be considered in compliance with the requirements for hunter education if he meets one or more of the following provisions pursuant to § 29.1-300.2 of the Code of Virginia:

1. Completes and passes a hunter education course that is accepted by the department including a fully online course;

2. Is 16 years of age or older and has previously held a license to hunt in any state or country;

3. Is under the age of 12 years and is accompanied and directly supervised by an adult who holds a valid Virginia hunting license; or

4. Holds a Virginia apprentice hunting license and is accompanied and directly supervised by a licensed adult hunter.

B. The minimum standards for hunter education course competency required by the department are:

1. Successful completion of a classroom-based hunter education course or through another format as determined by the department with a passing score of at least 80% on a written test administered closed book at the conclusion of the course by the designated course instructor or other designated course assistant as determined appropriate by the department; and

2. Successful completion of an Internet hunter education course that is approved by the department with a passing score of at least 90% on an open-book test administered during the online course.

4VAC15-275-40. Hunter education course provider requirements.

A. To be an approved course provider, any individual, business, or organization that instructs or provides a hunter education course shall execute and have on file a cooperative agreement with the department. It shall be the responsibility of the state hunter education program manager or his designee to develop and execute such agreements. A list of approved course providers and hunter education courses shall be kept by the department and made available to the public. Such list does not constitute any endorsement of any course or course provider by the department or the board.

B. As of January 1, 2016, hunter education courses offered through the Internet and accepted by the department shall:

1. Meet the International Hunter Education Association-USA Education Standards, May 2, 2014, set by the IHEA-USA for course content; and

2. Be provided only by an approved course provider that has executed a valid cooperative agreement with the department. Such agreements may be amended at any time by the department and may be canceled with 30 days notice upon failure of the course provider to comply with the terms and conditions of the agreement or its amendments.

C. Any material or product to be used by an approved course provider that makes reference to the department must be approved by the department through the hunter education program manager or his designee before being published or distributed to the public.

D. Any fees charged by a course provider are set by the course provider, but must be clearly communicated to the student prior to the student taking the course. There will be no fees for Virginia hunter education courses provided by the department.

4VAC15-275-50. Hunter education course availability.

A. The department shall provide classroom-based hunter education courses across the Commonwealth on a schedule determined by the department.

B. The department shall coordinate with approved course providers of Internet-based courses so that courses developed and offered in accordance with this chapter are available.

4VAC15-275-60. Hunter education course certificates.

A. Upon successful completion of an online hunter education course, the approved course provider shall provide the student with a course certificate or wallet-size card. At a minimum, such certificate or card shall include the student's name and date of birth, the issuance date, the name of the course, and an indication of acceptance by the department. On a schedule and in a manner mutually agreed to through a cooperative agreement, each approved online course provider shall provide to the department a copy of the record of those students issued a course certificate or wallet-size card. Upon request by the student and subject to verification of successful course completion, it shall be the responsibility of each approved online course provider to issue a duplicate certificate or card.

B. Upon successful completion of the Virginia hunter education classroom-based course, the department shall issue a completion certificate or card, which shall include the person's name, date of birth, and the issuance date. Upon request by the person to whom the certificate or card was originally issued and subject to verification of successful completion, the department shall issue a duplicate certificate or card in accordance with its policy.

4VAC15-275-70. Recordkeeping and student records.

A. The department shall maintain a database of all students successfully completing the department's classroom-based or online hunter education course. Such database shall include, but not be limited to, student name, address, date of birth, course or other compliance format approved by the department, and the specific name of the course.

B. Each approved course provider for hunter education courses offered over the Internet or through an electronic format shall maintain a database of all students successfully completing such course. The database shall include, but not be limited to, student name, address, date of birth, course completion date, and the specific name of the course. On a schedule and in a manner mutually agreed to through a cooperative agreement, each approved course provider shall provide to the department a copy of the record of those students who successfully complete its course. Such record shall include the database information referenced in this section. It shall be the responsibility of each approved course provider to ensure that reasonable measures, such as the Payment Card Industry (PCI) data security measures, are taken to protect any acquired student data. Further, such data shall not be sold or otherwise used in any way except for the student's own completion of a hunter education course and issuance of course completion documents.

4VAC15-275-80. Instructor certification.

A. The department may designate as a hunter instructor any person found by it to be competent to give instruction in the courses required.

B. Volunteer instructors are designated to work on a voluntary basis and at the pleasure of the Department of Game and Inland Fisheries.

C. To be certified as a hunter education course instructor for the department's hunter education program, a person shall (i) have successfully completed a hunter education course and (ii) be certified as an instructor by the department or by a certification program accepted by the department.

D. Applicants for certified instructor shall submit an application to the department on a form and in a manner determined by the hunter education program manager. At a minimum, the application shall include:

1. The applicant's name;

2. The applicant's street address;

3. The applicant's telephone number;

4. The applicant's email address, if any;

5. Information describing the applicant's experience and training in hunter and hunting and proof of completion of a hunter education course that is accepted by the department; and

6. Any other information deemed necessary after review of the initial application.

E. Applicants may be required to submit written consent for a criminal history background check in a manner determined by the department or an interview in a manner determined by the department and in accordance with state policy.

4VAC15-275-90. Virginia Hunter Education Card.

A. The department may issue an optional long-lasting and durable Virginia Hunter Education Card to persons who can show that they have met the minimum standard of hunter education course competency pursuant to § 29.1-300.2 of the Code of Virginia.

B. Upon receipt by the applicant, the optional Virginia Hunter Education Card will serve in lieu of any other certificates or cards that have been issued to the bearer as a result of meeting the minimum standards for hunter education course competency. As such, the Virginia Hunter Education Card will not be transferable or revocable and will have no expiration date.

C. A person may apply for a replacement Virginia Hunter Education Card. A replacement card may be issued if (i) the original card is lost, stolen, or destroyed; (ii) misinformation is printed on the card; or (iii) if the bearer has legally changed his name. Supporting documentation may be required.

4VAC15-275-100. Fees.

A. Pursuant to § 29.1-300.3 of the Code of Virginia, no fee shall be charged for the instructor's service.

B. Fees charged by an approved online course provider for hunter education courses other than the department's course are set by the course provider, but must be clearly communicated to the student prior to the student taking the course.

C. The fee for issuance of an optional Virginia Hunter Education Card, which will serve in lieu of a previously obtained hunter education course certificate or card, or a replacement Virginia Hunter Education Card shall be $10.

4VAC15-275-110. Penalties for violation.

Unless otherwise specified, any person who violates any of the provisions of this chapter shall be guilty of a Class 3 misdemeanor.

NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of the form with a hyperlink to access it. The form is also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (4VAC15-275)

Volunteer Application (rev. 3/15)

DOCUMENTS INCORPORATED BY REFERENCE (4VAC15-275)

International Hunter Education Association-USA Education Standards, Recommendations Submitted by the Standards and Evaluation Committee, May 2, 2014, International Hunter Education Association-USA, http://ihea-usa.org

VA.R. Doc. No. R15-4406; Filed July 22, 2015, 0:55 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-560. Pertaining to Shellfish Management Areas (amending 4VAC20-560-20 through 4VAC20-560-60; adding 4VAC20-560-55).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: August 1, 2015.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments (i) update boundary coordinates for the Newport News Shellfish Management Area; (ii) change the patent tong season from December 1 through April 30 and make it unlawful for any person to harvest clams in the Newport News Shellfish Management Area except from May 1 through September 30; (iii) make leasing any area of Newport News Shellfish Management Area unlawful; and (iv) change "marine patrol officer" to "marine police officer."

4VAC20-560-20. Shellfish management areas.

A. The Poquoson River Shellfish Management Area shall consist of all public grounds bounded by a line beginning at Hunts Point Survey Taylor and running northwesterly to Survey Station Spit; thence northeasterly to Survey Station Cabin North; thence east to Survey Station Cabin South; thence southeasterly following the general shoreline (not to include any creeks or canals) to the flag pole near Survey Station 80 at York Point; thence 175 degrees to Day Marker No. 14 and returning to Hunts Point Survey Taylor.

B. The Back River Shellfish Management Area shall consist of all current public clamming grounds bounded by a line from corner 3 on Shell Plant 115 through corner 17, a daymarker, on Shell Plant 115, 237.42 feet to a point being the point of beginning; thence southeasterly to corner number 1 Public Clamming Ground (PCG#12); thence southeasterly to corner number 3A Public Clamming Ground (PCG#12); thence northeasterly to corner number 3 Public Clamming Ground (PCG#12); thence northwesterly to corner number 2 Public Clamming Ground (PCG#12); thence southwesterly to the POB. Also, for a period of one year, throughout 1994, Shell Plant 115 will also be included in the Back River Shellfish Management Area.

C. The James River Broodstock Management Area is located inside Public Ground No. 1, Warwick County, south of the James River Bridge, further described as follows: Beginning at a corner number 611 (State Plane Coordinates North 249766.12 East 2596017.56); thence Grid Azimuth 308-39-51, 1074.35' to a corner number 613 (State Plane Coordinates North 250437.32 East 2595178.68); thence Grid Azimuth 28-15-00, 366.30' to a corner number 614 (State Plane Coordinates North 250759.99 East 2595352.06); thence Grid Azimuth 132-36-45, 1114.51' to a corner number 612 (State Plane Coordinates North 250005.43 East 2596172.28); thence Grid Azimuth 212-53-03, 284.97' to a corner number 611, being the point of beginning, containing 8.04 acres.

D. The York River Broodstock Management Area shall consist of the area under any portion of the George P. Coleman Memorial Bridge, in addition to the area within 300 feet of the eastern, or downstream, side of the George P. Coleman Memorial Bridge and the area within 300 feet of the western, or upstream, side of the George P. Coleman Memorial Bridge.

E. The Newport News Shellfish Management Area shall consist of all current public clamming grounds bounded by a line beginning at the intersection of the James River Bridge and Public Ground No. 1, Warwick County, downstream side; thence east southeasterly along the boundary to corner #5, Public Ground No. 1, Warwick County; thence southeast along the boundary to a corner (249,066.55/2,595,681.74); thence northeast along the boundary to the intersection of a line between the James River Bridge and the northwest corner of Newport News Shipbuilding and Drydock Company shipyard near station "HELO," said line being perpendicular to the James River Bridge; thence southeast along the defined line to the northwest corner of the shipyard; thence downstream to the offshore end of the floating drydock; thence to the offshore end of shipyard pier #6 just south of "Stack"; thence to the offshore end of pier #2 (F R Priv); thence to FI Y "A" off the end of the pier just south of 23rd Street; thence to the offshore end of pier #9 (2 F Y siren); thence to the offshore end of the old coal pier downstream of pier #9; thence to navigational aid FI G "13"; thence to the northeast corner of the Fan Building on the south island of the Monitor Merrimac Bridge Tunnel; thence southerly along the downstream side of the Monitor Merrimac Bridge Tunnel to the first overhead light structure on the bridge tunnel north of the small boat channel hump; thence northwesterly to corner #3, lease #10091 (Hazelwood); thence northwesterly along the boundary to corner #2, lease #10091 (Hazelwood); thence southwesterly to corner #1, Public Ground No. 2, Nansemond County; thence northwesterly along the boundary to corner #6, at the intersection of Public Ground No. 2, Nansemond County, and Public Ground No. 6, Isle of Wight County; thence north northwesterly along the boundary to corner #614, Public Ground No. 6, Isle of Wight County; thence north northwesterly along the boundary to corner #2, Public Ground No. 6, Isle of Wight County; thence northwesterly along the boundary to the intersection of the James River Bridge and Public Ground No. 6, Isle of Wight County; thence northeasterly along the downstream side of the James River Bridge to the intersection with Public Ground No. 1, Warwick County, at the point of beginning.

E. The Newport News Shellfish Management Area shall consist of the area bounded by a line beginning at the point of intersection of the downstream side of the James River Bridge (U.S. Route 17 - northbound) , east of the draw span and the western boundary of Public Ground No. 1, Warwick County (City of Newport News), said point being at NAD 1983, latitude 37° 00.2694609' N., longitude 76° 27.9896511' W.; thence east southeasterly along the boundary to a corner of Public Ground No. 1, Warwick County, latitude 37° 00.1982568' N., longitude 76° 27.8155397' W.; thence southeasterly along the boundary to a corner, latitude 36° 59.9941747 N., longitude 76° 27.5831952' W.; thence northeasterly along the boundary to the intersection of the Condemned Shellfish Area Line, Area 056-007-A, as established by the Virginia Department of Health effective January 8, 2014, latitude 37° 00.0789081' N., longitude 76° 27.4512191' W.; thence southeasterly following the condemned area boundary to a point near the offshore end of the Newport News Shipbuilding floating dry dock located at latitude 36° 59.2816669' N., longitude 76° 26.7950000' W.; thence to the northwest corner of the Virginia Port Authority container pier, latitude 36° 58.1833333' N., longitude 76° 26.0150000' W.; thence southeasterly to a point near the end of a coal loading pier, latitude 36° 57.9883333' N., longitude 76° 25.8316667' W.; thence southeasterly to a point near the end of a coal loading pier, latitude 36° 57.7483333' N., longitude 76° 25.4416667' W.; thence southeasterly to the northwest corner of the south island of the Monitor Merrimac Memorial Bridge Tunnel, latitude 36° 56.8799995' N, longitude 76° 24.3399996' W.; thence southerly along the upstream side of the Monitor Merrimac Memorial Bridge Tunnel to the first overhead light structure on the bridge tunnel north of the small boat channel hump, latitude 36° 55.6035310' N., longitude 76° 24.5674263' W.; thence northwesterly to the easternmost corner of Oyster Lease, Plat File 10091(Johnson, III or successors), latitude 36° 55.9505383' N., longitude 76° 25.0031248' W.; thence northwesterly to the northernmost corner of said lease, latitude 36° 56.2062064' N., longitude 76° 25.4039147 W.; thence westerly to the easternmost corner of Public Ground No. 2, Nansemond County (City of Suffolk), latitude 36° 56.2025195' N., longitude 76° 25.4339957' W.; thence northwesterly to the southwest corner of Oyster Lease, Plat File 20663 (Melzer/Burton or successors), latitude 36° 56.8957714' N., longitude 76°26.6177905' W.; thence northeasterly to a lease corner, latitude 36° 56.9688138' N., longitude 76° 26.4028827' W.; thence north-northwesterly to a lease corner, latitude 36° 58.2820197' N., longitude 76° 27.2355278' W.; thence northwesterly to a lease corner, latitude 36° 58.4440126' N., longitude 76° 27.3919892' W.; thence northwesterly to a corner on Oyster Lease, Plat File 20662 (Burton/Burton, Jr. or successors), latitude 36° 59.0856691' N., longitude 76° 27.9659794' W., thence northwesterly to a point on the boundary of Oyster Lease, Plat File 20662, latitude 36° 59.3207135' N., longitude 76° 28.4650941' W.; thence northeasterly to the southern corner of Oyster Lease, Plat File 20699 (Green or successors), latitude 36° 59.4032421' N., longitude 76° 28.3778693' N.; thence northeasterly to a lease corner, latitude 36° 59.7192188' N., longitude 76° 28.0438774' W.; thence north-northwesterly to the extending through the northern corner of Oyster Lease, Plat File 20699, to a point on the downstream side of the James River Bridge (U.S. Route 17 - northbound), latitude 37° 00.0685852' N., longitude 76° 28.2312958' W.; thence northeasterly along the downstream side of the bridge to a point east of the draw span and the intersection of the western boundary of Public Ground No. 1, Warwick County (City of Newport News), said point being the point of beginning.

F. The Back River Reef Broodstock Management Area shall consist of the area within a 2000' radius of the center buoy, with a position of 37° 08' 12" north, 76° 13' 54" west.

G. The Middle Ground Light Broodstock Management Area shall consist of the area within a 1000' radius of the navigational light, with a position of 36° 56.7' north, 76° 23.5' west.

H. The York Spit Reef Broodstock Management Area shall consist of the area contained within the defined latitudes and longitudes: northwest corner 37° 14' 75" N—076° 14' 20" W, northeast corner 37° 14' 75" N—076° 13' 30" W, southwest corner 37° 14' 05" N—076° 14' 20" W, southeast corner 37° 14' 05" N—076° 13' 30" W.

4VAC20-560-30. Permits required.

Each boat or vessel engaged in the harvesting of clams by patent tong from the Poquoson River Shellfish Management Area or the Back River Shellfish Management Area shall first obtain a permit specific to the management area to be worked from any Marine Patrol Officer marine police officer, and this permit shall be on board the vessel at all times and available for inspection. The permit shall state the name and port of the vessel, the registration or documentation number of the vessel, the name and address of the owner of the vessel and the name of the captain of the vessel. Any change to any of the above information shall require the vessel owner or captain to obtain a new permit. These permits shall be in addition to all other licenses or permits required by law.

4VAC20-560-40. Patent tong season.

A. The lawful season for the harvest of clams by patent tong from the Poquoson River Shellfish Management Area shall be March 15 through May 1.

B. The lawful season for the harvest of clams by patent tong from the Back River Shellfish Management Area shall be January 1 through March 31.

C. It shall be unlawful for any person to harvest clams by patent tong from either the Poquoson River Shellfish Management Area or Back River Shellfish Management Area except as provided in subsections A and B of this section.

D. The lawful season for the harvest of clams by patent tong from the Newport News Shellfish Management Area shall be December 1 through April 30, except that if the catch of clams per tong-hour for the previous season is less than 174 clams per tong-hour, the lawful season shall be December 1 through March 31.

E. It shall be unlawful for any person to harvest clams by patent tong from the Newport News Shellfish Management Area from May 1 through November 30, except that if the catch of clams per tong-hour for the previous season is less than 174 clams per tong-hour, it shall be unlawful for any person to harvest clams by patent tong from the Newport News Shellfish Management Area from April 1 through November 30.

D. It shall be unlawful for any person to harvest clams by patent tong from the Newport News Shellfish Management Area during any month, except May, June, July, August and September.

4VAC20-560-50. Time of day and harvest restrictions.

A. It shall be unlawful for any person to harvest clams by patent tong from the Poquoson River Shellfish Management Area before sunrise or after 2 p.m.

B. It shall be unlawful for any person to harvest clams by patent tong from the Back River Shellfish Management Area before sunrise or after 4 p.m.

C. It shall be unlawful for any person to harvest clams by patent tong from either the Poquoson River Shellfish Management Area, Newport News Shellfish Management Area, or Back River Shellfish Management Area on Saturday or Sunday.

D. It shall be unlawful for any person to harvest any shellfish from the James River Broodstock Management Area, Back River Reef Broodstock Management Area, Middle Ground Light Broodstock Management Area, York Spit Reef Broodstock Management Area, or York River Broodstock Management Area at any time.

E. It shall be unlawful for any person to harvest clams by patent tong from the Newport News Shellfish Management Area before sunrise or after 2 p.m.

F. It shall be unlawful for any person to possess any amount of hard clams from the Newport News Shellfish Management Area that consists of more than 2.0% by number of clams, which can be passed through a 1-3/8 inch inside diameter culling ring. The 2.0% allowance shall be measured by the marine patrol police officer from each container or pile of clams.

4VAC20-560-55. Prohibition to lease in a shellfish management area.

It shall be unlawful for any person to lease any area of the Newport News Shellfish Management Area.

4VAC20-560-60. Penalty.

A. As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.

B. In addition to the penalties prescribed by law, any person violating 4VAC20-560-50 D shall immediately return all harvested shellfish to the Broodstock Management Area, shall cease harvesting on that day, shall be required to appear before the Marine Resources Commission pursuant to any violation, and all harvesting apparatus shall be subject to seizure.

C. The Marine Resources Commission may revoke the permit of any person convicted of a violation of this chapter.

D. All clams in any container or pile found in violation of 4VAC20-560-50 F shall be returned to the water by the clammer as directed by the marine patrol police officer.

VA.R. Doc. No. R15-4420; Filed July 30, 2015, 2:35 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-610. Pertaining to Commercial Fishing and Mandatory Harvest Reporting (amending 4VAC20-610-10, 4VAC20-610-30, 4VAC20-610-40).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: August 1, 2015.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments establish the annual renewal period for the Commercial Fisherman Registration License from December through April and eliminate the exceptions to delayed entry unless it is strictly a medical or military reason.

4VAC20-610-10. Purpose.

The purpose of this chapter is to establish the procedures for the registration of commercial fishermen and the manner and form of mandatory harvest reports from fishermen and others. Further, the purpose is to license commercial fishermen using hook-and-line, rod-and-reel, or hand line.

4VAC20-610-30. Commercial Fisherman Registration License; exceptions and requirements of authorized agents.

A. In accordance with § 28.2-241 C of the Code of Virginia, only persons who hold a valid Commercial Fisherman Registration License may sell, trade, or barter their harvest, or give their harvest to another, in order that it may be sold, traded, or bartered. Only these licensees may sell their harvests from Virginia tidal waters, regardless of the method or manner in which caught. Exceptions to the requirement to register as a commercial fisherman for selling harvest are authorized for the following persons or firms only:

1. Persons taking menhaden under the authority of licenses issued pursuant to § 28.2-402 of the Code of Virginia.

2. Persons independently harvesting and selling, trading, or bartering no more than three gallons of minnows per day who are not part of, hired by, or engaged in a continuing business enterprise.

a. Only minnow pots, a cast net or a minnow seine less than 25 feet in length may be used by persons independently harvesting minnows.

b. All other marine species taken during the process of harvesting minnows shall be returned to the water immediately.

B. Requirements of authorized agents.

1. No person whose Commercial Fisherman Registration License, fishing gear license, or fishing permit is currently revoked or rescinded by the Marine Resources Commission pursuant to § 28.2-232 of the Code of Virginia is authorized to possess the Commercial Fisherman Registration License, fishing gear license, or fishing permit of any other registered commercial fisherman in order to serve as an agent for fishing the commercial fisherman's gear or selling the harvest.

2. No registered commercial fisherman shall use more than one person as an agent at any time.

3. Any person serving as an agent shall possess the Commercial Fisherman Registration License and gear license of the commercial fisherman while fishing.

4. When transporting or selling a registered commercial fisherman's harvest, the agent shall possess either the Commercial Fisherman Registration License of that commercial fisherman or a bill of lading indicating that fisherman's name, address, Commercial Fisherman Registration License number, date and amount of product to be sold.

C. Requirements of authorized blue crab fishery agents.

1. Any person licensed to harvest blue crabs commercially shall not be eligible to also serve as an agent.

2. Any person serving as an agent to harvest blue crabs for another licensed fisherman shall be limited to the use of only one registered commercial fisherman's crab license; however, an agent may fish multiple crab traps licensed and owned by the same person.

3. There shall be no more than one person, per vessel, serving as an agent for a commercial crab licensee.

4. Prior to using an agent in any crab fishery, the licensee shall submit a crab agent registration application to the commission. Crab agent registration applications shall be approved by the commissioner, or his designee, for a crab fishery licensee according to the following guidelines:

a. Only 125 agents may participate annually in the crab fishery, as described in subdivision 4 b of this subsection, unless the commissioner, or his designee, approves a request for agent use because of a non-economic hardship circumstance and

b. 125 agents may be utilized by those crab fishery licensees who received approval for agent use in 2012 or who currently are licensed by a transferred crab fishery license from a licensee approved for agent use in 2012, except that should any of these licensees described in this subdivision fail to register for agent use by March 1, applications for agent use by other licensees shall be approved on a first-come, first-served basis, starting with those licensees who have registered prior to March 1.

D. Failure to abide by any of the provisions of this section shall constitute a violation of this regulation.

E. In accordance with § 28.2-241 H of the Code of Virginia, only persons with a valid Commercial Fisherman Registration License may purchase gear licenses. Beginning with licenses for the 1993 calendar year and for all years thereafter, gear licenses will be sold only upon presentation of evidence of a valid Commercial Fisherman Registration License.

Exceptions to the prerequisite requirement are authorized for the following gears only and under the conditions described below:

1. Menhaden purse seine licenses issued pursuant to § 28.2-402 of the Code of Virginia may be purchased without holding a Commercial Fisherman Registration License.

2. Commercial gear licenses used for recreational purposes and issued pursuant to § 28.2-226.2 of the Code of Virginia may be purchased without holding a Commercial Fisherman Registration License.

F. Exceptions to the two-year delay may be granted by the commissioner if he finds any of the following:

1. The applicant for an exception (i) has demonstrated, to the satisfaction of the commissioner, that the applicant has fished a significant quantity of commercial gear in Virginia waters during at least two of the previous five years; and (ii) can demonstrate, to the satisfaction of the commissioner, that a significant hardship caused by unforeseen circumstances beyond the applicant's control has prevented the applicant from making timely application for registration. The commissioner may require the applicant to provide such documentation as he deems necessary to verify the existence of hardship.

2. The applicant is purchasing another commercial fisherman's gear, and the seller of the gear holds a Commercial Fisherman Registration License and the seller surrenders that license to the commission at the time the gear is sold.

3. An immediate member of the applicant's family, who holds a current registration, has died or is retiring from the commercial fishery and the applicant intends to continue in the fishery.

Any applicant denied an exception may appeal the decision to the commission. The applicant shall provide a request to appeal to the commission 30 days in advance of the meeting at which the commission will hear the request. The commission will hear requests at its March, June, September, and December meetings.

Under no circumstances will an exception be granted solely on the basis of economic hardship.

F. On or after January 1, 1993, fishermen not registered as commercial fishermen but who desire to sell their catch shall apply to the commission for a Commercial Fisherman Registration License. The effective date of status as a commercial fisherman shall be two years from the date the application is approved by the commission. A person whose registration as a commercial fisherman is not effective shall not sell, trade, or barter his catch or give his catch to another in order that it may be sold, traded, or bartered.

G. Exceptions to the two-year delay described in subsection F of this section may be granted by the commissioner or his designee, if any of the following criteria are met:

1. The applicant is purchasing another fisherman's Commercial Fisherman Registration License, and the seller holds a valid, current Commercial Fisherman Registration License and surrenders that license to the commission at the time the license is sold.

2. An immediate member of the applicant's family who holds a current Commercial Fisherman Registration License has died or is retiring from the commercial fishery and the applicant intends to participate in the fishery.

3. The applicant purchased a valid Commercial Fisherman Registration License during the preceding year, did not transfer that Commercial Fisherman Registration License, and can demonstrate a significant hardship on the basis of health or active military duty as described in subdivision 4 of this subsection.

4. Any exceptions based on a health condition shall only be granted by the commissioner or his designee only after receipt of an attending physician's description of the medical condition. Any exception based on active military duty shall only be granted by the commissioner or his designee after receipt of those military orders.

4VAC20-610-40. Registration procedures.

A. An applicant may renew his Commercial Fisherman Registration License by registering during the months of December through February April as commercial fishermen as follows:

1. The applicant shall complete an application for a Commercial Fisherman Registration License.

2. The applicant shall mail the completed application to the Virginia Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607.

3. The Commercial Fisherman Registration License will be returned to the applicant by mail upon validation of his application.

B. Persons desiring to enter the commercial fishery and those fishermen failing to register as provided in subdivision A may apply only during December, January or February of each year of this section shall apply to the commission for registration as commercial fishermen. All such applications shall be for a delayed registration and shall be made as provided below.

1. The applicant shall complete an application for a Commercial Fisherman Registration License by providing his complete name, mailing address (and 911 address if different than mailing address), social security number valid driver's license number or Virginia Department of Motor Vehicles identification number, birth date, weight, height, eye color, hair color, telephone number of residence, and signature.

2. The applicant shall mail the completed application to the Virginia Marine Resources Commission, 2600 Washington Avenue, Newport News, VA 23607.

3. The Commercial Fisherman Registration License will be returned to the applicant by mail two years after the date of receipt of the application by the commission. Notification of any change in the address of the applicant shall be the responsibility of the applicant.

C. No part of the Commercial Fisherman Registration License fee shall be refundable.

D. The Commercial Fisherman Registration License may be renewed annually during the months of December, January or February through April, only when any and all mandatory reporting harvest reports are up to date and there are no outstanding compliance issues. Any person failing to renew his license after April 30 shall be subject to the delay provision of subsection B of this section.

VA.R. Doc. No. R15-4455; Filed July 30, 2015, 2:53 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Final Regulation

REGISTRAR'S NOTICE: The Criminal Justice Services Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3, which excludes regulations that consist only of changes in style or form or corrections of technical errors. The Criminal Justice Services Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Titles of Regulations: 6VAC20-171. Regulations Relating to Private Security Services (repealing 6VAC20-171-10 through 6VAC20-171-560).

6VAC20-172. Regulations Relating to Private Security Services Businesses (adding 6VAC20-172-10 through 6VAC20-172-250).

6VAC20-173. Regulations Relating to Private Security Services Training Schools (adding 6VAC20-173-10 through 6VAC20-173-330).

6VAC20-174. Regulations Relating to Private Security Services Registered Personnel (adding 6VAC20-174-10 through 6VAC20-174-520).

Statutory Authority: § 9.1-141 of the Code of Virginia.

Effective Date: September 9, 2015.

Agency Contact: Barbara Peterson-Wilson, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 225-4503, or email barbara.peterson-wilson@dcjs.virginia.gov.

Summary:

This exempt regulatory action repeals the existing Regulations Relating to Private Security Services (6VAC20-171) and breaks out the three distinct main components of the private security industry--business, training schools, and registered personnel--into three individual chapters numbered 6VAC20-172 (Businesses), 6VAC20-173 (Training Schools), and 6VAC20-174 (Registered Personnel) based on related topics. No substantive changes to the requirements established in the current regulations under 6VAC20-171 are made in this action.

CHAPTER 172
REGULATIONS RELATING TO PRIVATE SECURITY SERVICES BUSINESSES

Part I
Definitions

6VAC20-172-10. Definitions.

In addition to the words and terms defined in § 9.1-138 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Date of hire" means the date any employee of a private security services business or training school performs services regulated or required to be regulated by the department.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Electronic images" means an acceptable method of maintaining required documentation through the scanning, storage, and maintenance of verifiable electronic copies of original documentation.

"Employee" means a natural person employed by a licensee to perform private security services that are regulated by the department.

"Firearms endorsement" means a method of regulation that identifies an individual registered as a private security registrant and has successfully completed the annual firearms training and has met the requirements as set forth in 6VAC20-174.

"Firm" means a business entity, regardless of method of organization, applying for an initial or renewal private security services business license or private security services training school certification.

"Incident" means an event that exceeds the normal extent of one's duties.

"Intermediate weapon" means a tool not fundamentally designed to cause deadly force with conventional use. This would exclude all metal ammunition firearms or edged weapons. These weapons include but are not limited to baton/collapsible baton, chemical irritants, electronic restraining devices, projectiles, and other less lethal weapons as defined by the department.

"Licensed firm" means a business entity, regardless of method of organization, that holds a valid private security services business license issued by the department.

"Licensee" means a licensed private security services business.

"Official documentation" means personnel records; Certificate of Release or Discharge from Active Duty (DD214); copies of business licenses indicating ownership; law-enforcement transcripts; certificates of training completion; a signed letter provided directly by a current or previous employer detailing dates of employment and job duties; college transcripts; letters of commendation; private security services registrations, certifications or licenses from other states; and other employment, training, or experience verification documents. A resume is not considered official documentation.

"On duty" means the time during which private security services business personnel receive or are entitled to receive compensation for employment for which a registration or certification is required.

"Performance of his duties" means on duty in the context of this chapter.

"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.

"Physical address" means the location of the building that houses a private security services business or training school or the location where the individual principals of a business reside. A post office box is not a physical address.

"Principal" means any sole proprietor, individual listed as an officer or director with the Virginia State Corporation Commission, board member of the association, or partner of a licensed firm or applicant for licensure.

"Private security services business personnel" means each employee of a private security services business who is employed as an unarmed security officer, armed security officer/courier, armored car personnel, security canine handler, detector canine handler, private investigator, personal protection specialist, alarm respondent, a locksmith, central station dispatcher, electronic security employee, an electronic security sales representative, electronic security technician, or electronic security technician's assistant.

"Reciprocity" means the relation existing between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Recognition" means the relation of accepting various application requirements between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Related field" means any field with training requirements, job duties, and experience similar to those of the private security services field in which the applicant wishes to be licensed, certified, or registered. This term includes law enforcement and certain categories of the military.

"This chapter" means the Regulations Relating to Private Security Services Businesses (6VAC20-172).

Part II
Application Fees

6VAC20-172-20. Application fees.

A. Schedule of fees. The fees listed below reflect the costs of handling, issuance, and production associated with administering and processing applications for licensing, certification, and other administrative requests for services relating to private security services.

CATEGORIES

FEES

Fingerprint processing

$50

Initial business license - 1-year license

$550

Initial business license - 2-year license

$800

Business license renewal - 2-year license

$500

Business license category

$50

Initial compliance agent certification

$50

Compliance agent certification renewal

$25

Regulatory compliance - entry-level training

$75

Regulatory compliance - in-service training

$50

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for license or certification renewal applications not received on or before the expiration date of the expiring license or certification.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the license, certification, or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the license, certification, or authority it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the person or licensee may request that the suspended license, certification, or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

D. Manual processing service fee. The department shall collect a $5.00 service fee for any applications under this chapter that are submitted to the department by other means than the available electronic methods established by the department.

Part III
Criminal History Records Search

6VAC20-172-30. Fingerprint processing.

A. On or before the first date of hire, each person applying for licensure as a private security services business, including principals, supervisors, and electronic security employees or for certification as a compliance agent shall submit to the department:

1. One completed fingerprint card provided by the department or another electronic method approved by the department;

2. A fingerprint processing application;

3. The applicable, nonrefundable fee; and

4. All criminal history conviction information on a form provided by the department.

B. The department shall submit those fingerprints to the Virginia State Police for the purpose of conducting a Virginia Criminal History Records search and a National Criminal Records search to determine whether the individual or individuals have a record of conviction.

C. Fingerprint cards found to be unclassifiable will suspend all action on the application pending the resubmission of a classifiable fingerprint card. The applicant shall be so notified in writing and must submit a new fingerprint card within 30 days of notification before the processing of his application shall resume. If a fingerprint card is not submitted within the 30 days, the initial fingerprint application process will be required to include applicable application fees.

D. If the applicant is denied by DCJS, the department will notify the applicant by letter regarding the reasons for the denial. The compliance agent will also be notified in writing by DCJS that the applicant has been denied.

E. Fingerprint applications will be active for 120 days from the date of submittal. Applications for licenses and certifications must be submitted within that 120-day period or initial fingerprint submittal will be required.

Part IV
Business License Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-172-40. Initial business license application.

A. Prior to the issuance of a private security services business license, the applicant shall meet or exceed the requirements of licensing and application submittal to the department as set forth in this section.

B. Each person seeking a license shall file a completed application provided by the department including:

1. For each principal and supervisor of the applying business and for each electronic security employee of an electronic security services business, his fingerprints pursuant to this chapter;

2. Documentation verifying that the applicant has secured a surety bond in the amount of $100,000 executed by a surety company authorized to do business in Virginia, or a certificate of insurance reflecting the department as a certificate holder, showing a policy of comprehensive general liability insurance with a minimum coverage of $100,000 per individual occurrence and $300,000 general aggregate issued by an insurance company authorized to do business in Virginia;

3. For each nonresident applicant for a license, on a form provided by the department, a completed irrevocable consent for the department to serve as service agent for all actions filed in any court in this Commonwealth;

4. For each applicant for a license except sole proprietor or partnership, the identification number issued by the Virginia State Corporation Commission for verification that the entity is authorized to conduct business in the Commonwealth;

5. A physical address in Virginia where records required to be maintained by the Code of Virginia and this chapter are kept and available for inspection by the department. A post office box is not a physical address;

6. On the license application, designation of at least one individual as compliance agent who is certified or eligible for certification;

7. The applicable, nonrefundable license application fee; and

8. Designation on the license application of the type of private security business license the applicant is seeking. The initial business license fee includes one category. A separate fee will be charged for each additional category. The separate categories are identified as follows: (i) security officers/couriers (armed and unarmed), (ii) private investigators, (iii) electronic security personnel, (iv) armored car personnel, (v) personal protection specialists, (vi) locksmiths, and (vii) detector canine handlers and security canine handlers. Alarm respondents crossover into both the security officer and electronic security category; therefore, if an applicant is licensed in either of these categories, he can provide these services without an additional category fee.

C. Upon completion of the initial license application requirements, the department may issue an initial license for a period not to exceed 24 months.

D. The department may issue a letter of temporary licensure to businesses seeking licensure under § 9.1-139 of the Code of Virginia for not more than 120 days while awaiting the results of the state and national fingerprint search conducted on the principals and compliance agent of the business, provided the applicant has met the necessary conditions and requirements.

E. A new license is required whenever there is any change in the ownership or type of organization of the licensed entity that results in the creation of a new legal entity. Such changes include but are not limited to:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Formation or dissolution of a corporation, a limited liability company, or an association or any other business entity recognized under the laws of the Commonwealth of Virginia.

F. Each license shall be issued to the legal business entity named on the application, whether it is a sole proprietorship, partnership, corporation, or other legal entity, and shall be valid only for the legal entity named on the license. No license shall be assigned or otherwise transferred to another legal entity.

G. Each licensee shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

H. Each licensee shall be a United States citizen or legal resident alien of the United States.

6VAC20-172-50. Renewal business license application.

A. Applications for license renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address of the licensee. However, if a renewal notification is not received by the licensee, it is the responsibility of the licensee to ensure renewal requirements are filed with the department. License renewal applications must be received by the department and all license requirements must be completed prior to the expiration date or shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees. Outstanding fees or monetary penalties owed to DCJS must be paid prior to issuance of said renewal.

B. Licenses will be renewed for a period not to exceed 24 months.

C. The department may renew a license when the following are received by the department:

1. A properly completed renewal application;

2. Documentation verifying that the applicant has secured and maintained a surety bond in the amount of $100,000 executed by a surety company authorized to do business in Virginia, or a certificate of insurance reflecting the department as a certificate holder, showing a policy of comprehensive general liability insurance with a minimum coverage of $100,000 per individual occurrence and $300,000 general aggregate issued by an insurance company authorized to do business in Virginia;

3. Fingerprint records for any new or additional principals submitted to the department within 30 days of their hire date provided, however, that any change in the ownership or type of organization of the licensed entity has not resulted in the creation of a new legal entity;

4. On the application, designation of at least one compliance agent who has satisfactorily completed all applicable training requirements;

5. The applicable, nonrefundable license renewal fee and applicable category of service fees; and

6. On the first day of employment, each new and additional supervisor's fingerprints submitted to the department pursuant to § 9.1-139 I of the Code of Virginia.

D. Each business applying for a license renewal shall be in good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field. This subsection shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

E. Any renewal application received after the expiration date of a license shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

F. On the renewal application the licensee must designate the type of private security business license he wishes to renew. The fee will be based upon the category or categories selected on the renewal application.

6VAC20-172-60. General requirements.

All private security services licensed businesses are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

6VAC20-172-70. Business administrative requirements.

A licensee shall:

1. Maintain at all times with the department its physical address in Virginia where records required to be maintained by the Code of Virginia and this chapter are kept and available for inspection by the department, the physical address of all locations in Virginia utilized by the licensee in which regulated services are offered, and email address if applicable. A post office box is not a physical address. Notification of any change shall be in writing and received by the department no later than 10 days after the effective date of the change.

2. Maintain at all times with the department its current operating name and all fictitious names. Any name change reports shall be submitted in writing within 10 days after the occurrence of such change and accompanied by certified true copies of the documents that establish the name change.

3. Report in writing to the department any change in its ownership or principals that does not result in the creation of a new legal entity. Such written report shall be received by the department within 30 days after the occurrence of such change to include fingerprint cards pursuant to this chapter.

4. Report in writing to the department any change in the entity of the licensee that results in continued operation requiring a license. Such written report shall be received by the department within 10 days after the occurrence of such change.

5. Maintain at all times current liability coverage at least in the minimum amounts prescribed by the application requirements of this chapter. Each day of uninsured activity would be construed as an individual violation of this requirement.

6. Maintain at all times with the department a completed irrevocable consent for service if the licensee is not a resident of the Commonwealth of Virginia. Licensees that move their business from the Commonwealth shall file a completed irrevocable consent for services within 15 days of the change in location.

7. Employ at all times at least one individual designated as a compliance agent who is in good standing and is certified pursuant to this chapter. In the event there is more than one compliance agent designated for the business, designate one as the primary compliance agent and point of contact.

8. Maintain at all times and for a period of not less than three years from the date of termination of employment the following documentation concerning all regulants: documentation or electronic images of the date of hire in the regulated category; documentation that the fingerprint processing application was submitted on the date of hire; verification that the employee is a United States citizen or legal resident alien and is properly registered or certified and trained; and current physical and mailing addresses for all regulated employees and telephone numbers if applicable.

9. Upon termination of employment of a certified compliance agent, notify the department in writing within 10 calendar days. This notification shall include the name of the individual responsible for the licensee's adherence to applicable administrative requirements and standards of conduct during the period of replacement.

10. Within 90 days of termination of employment of the sole remaining compliance agent, submit the name of a new compliance agent who is eligible for certification. Individuals not currently eligible may pursue certification pursuant to this chapter. This notification shall be in writing and signed by a principal of the business and the designated compliance agent.

11. Prominently display at all times for public inspection, in a conspicuous place where the public has access, the business license issued by the department.

12. Ensure that all individuals submit fingerprint cards pursuant to this chapter and as required by the Code of Virginia.

13. Inform the department in writing within 10 days of receiving knowledge of any principal, partner, officer, or compliance agent regulated by this chapter or any employee regulated or required to be regulated by the board, pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

14. Inform the department in writing within 10 days of receiving knowledge of any principal, licensee, subsidiary, partner, officer, or compliance agent regulated by this chapter, or any employee regulated or required to be regulated by the board, having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

15. On a form provided by the department and within 10 calendar days of receiving knowledge of an incident, submit a report of any incident in which any registrant has discharged a firearm while on duty, excluding any training exercise.

16. In the event a complaint against the licensee is received by the department, be required to furnish documentary evidence (written agreement) of the terms agreed to between licensee and client, which shall include at a minimum the specific scope of services and fees assessed for such services. The licensee shall retain a copy for a period of not less than three years from completion of said agreement.

17. Not fail to honor the terms and conditions of a warranty or written agreement.

18. In the event a licensee sells or otherwise transfers the ownership of a monitoring agreement of an electronic security customer in Virginia, notify the end user, in writing, within 30 days of the transfer of monitoring services. No licensee shall sell or otherwise transfer to an entity not licensed in Virginia.

19. Ensure that all employees regulated by the board carry a department issued registration card or temporary registration letter along with a photo identification while on duty.

20. Ensure that all regulated employees authorized to provide private security services while completing compulsory minimum training standards pursuant to § 9.1-139 H of the Code of Virginia carry a photo identification along with an authorization form provided by the department while on duty.

21. Maintain a written use of force policy dictating the business' policy for using deadly force and for use of less lethal force. A statement certifying that the employee has read and understands the business' use of force policy must be signed by each employee who is permitted to carry firearms or intermediate weapons and maintained in the employee's file.

22. Maintain records for individual employees permitted to carry intermediate weapons while on duty to verify training in the use of the permitted intermediate weapons.

23. Maintain at all times and for a period of not less than three years from the date of termination, decertification, or other separation records of detector canine handler team certifications to include a photo of detector canine teams utilized to provide regulated private security services.

6VAC20-172-80. Business standards of conduct.

A licensee shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Ensure that all employees regulated or required to be regulated by the board conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia, 6VAC20-174, and this chapter.

3. Not direct any employee regulated or required to be regulated by the board to engage in any acts prohibited by the Code of Virginia, 6VAC20-174, and this chapter.

4. Employ individuals regulated or required to be regulated as follows:

a. A licensee shall employ or otherwise utilize individuals possessing a valid registration issued by the department showing the registration categories required to perform duties requiring registration pursuant to the Code of Virginia;

b. A licensee shall not allow individuals requiring registration as armored car personnel, armed security officers/couriers, armed alarm respondents with firearm endorsement, private investigators, personal protection specialists, detector canine handlers, or security canine handlers to perform private security services until such time as the individual has been issued a registration by the department;

c. A licensee may employ individuals requiring registration as an unarmed alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, an unarmed armored car driver, an unarmed security officer, or an electronic security technician's assistant for a period not to exceed 90 consecutive days in any registered category listed in this subdivision 4 c while completing the compulsory minimum training standards as set forth in 6VAC20-174 provided:

(1) The individual's fingerprint card has been submitted;

(2) The individual is not employed in excess of 120 days without having been issued a registration from the department; and

(3) The individual did not fail to timely complete the required training with a previous employer.

d. A licensee shall not employ any individual carrying or having access to a firearm in the performance of his duties who has not obtained a valid registration and firearms endorsement from the department; and

e. A licensee shall maintain appropriate documentation to verify compliance with these requirements. A licensee shall maintain these documents after employment is terminated for a period of not less than three years.

5. Not contract or subcontract any private security services in the Commonwealth of Virginia to a person not licensed by the department. Verification of a contractor's or subcontractor's license issued by the department shall be maintained for a period of not less than three years.

6. Ensure that the compliance agent conforms to all applicable application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia and this chapter.

7. Permit the department during regular business hours to inspect, review, or copy those documents, electronic images, business records, or training records that are required to be maintained by the Code of Virginia and this chapter.

8. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-173, 6VAC20-174, or this chapter.

9. Not commit any act or omission that results in a private security license or registration being suspended, revoked, or not renewed, or the licensee or registrant otherwise being disciplined in any jurisdiction.

10. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

11. Not obtain or aid and abet others to obtain a license, license renewal, registration, registration renewal, certification, certification renewal, or firearms endorsement through any fraud or misrepresentation.

12. Include the business license number issued by the department on all business advertising materials pursuant to the Code of Virginia. Business advertising materials containing information regarding more than one licensee must contain the business license numbers of each licensee identified.

13. Not conduct a private security services business in such a manner as to endanger the public health, safety, and welfare.

14. Not falsify or aid and abet others in falsifying training records for the purpose of obtaining a license, registration, or certification.

15. Not represent as one's own a license issued to another private security services business.

16. When providing central station monitoring services, attempt to verify the legitimacy of a burglar alarm activation by calling the site of the alarm. If unable to make contact, call one additional number provided by the alarm user who has the authority to cancel the dispatch. This shall not apply if the alarm user has provided written authorization requesting immediate or one-call dispatch to both his local police department and his dealer of record. This shall not apply to duress or hold-up alarms.

17. Not perform any unlawful or negligent act resulting in loss, injury, or death to any person.

18. Utilize vehicles for private security services using or displaying an amber flashing light only as specifically authorized by § 46.2-1025 A 9 of the Code of Virginia.

19. Not use or display the state seal of Virginia or the seal of the Department of Criminal Justice Services, or any portion thereof, or the seal of any political subdivision of the Commonwealth, or any portion thereof, as a part of any logo, stationery, letter, training document, business card, badge, patch, insignia, or other form of identification or advertisement.

20. Not provide information obtained by the firm or its employees to any person other than the client who secured the services of the licensee without the client's prior written consent. Provision of information in response to official requests from law-enforcement agencies, the courts, or the department shall not constitute a violation of this chapter. Provision of information to law-enforcement agencies pertinent to criminal activity or to planned criminal activity shall not constitute a violation of this chapter.

21. Not engage in acts of unprofessional conduct in the practice of private security services.

22. Not engage in acts of negligent or incompetent private security services.

23. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

24. Not violate any state or local ordinance.

25. Satisfy all judgments to include binding arbitrations related to private security services not provided.

26. Not publish or cause to be published any material relating to private security services that contains an assertion, representation, or statement of fact that is false, deceptive, or misleading.

27. Not conduct private security business under a fictitious or assumed name unless the name is on file with the Department of Criminal Justice Services. This does not apply to a private investigator conducting a "pretext," provided that the private investigator does not state that he is representing a private security business that does not exist or otherwise prohibited under federal law.

28. Not act as or be an ostensible licensee for undisclosed persons who do or will control directly or indirectly the operations of the licensee's business.

29. Not provide false or misleading information to representatives of the department.

30. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

Part V
Compliance Agent Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-172-90. Compliance agent certification requirements.

A. Each person applying for certification as compliance agent shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Have (i) three years of managerial or supervisory experience in a private security services business; with a federal, state, or local law-enforcement agency; or in a related field or (ii) five years of experience in a private security services business; with a federal, state or local law-enforcement agency; or in a related field; and

3. Be a United States citizen or legal resident alien of the United States.

B. Each person applying for certification as compliance agent shall file with the department:

1. A properly completed application provided by the department;

2. Fingerprint card pursuant to this chapter;

3. Official documentation verifying that the individual has (i) three years of managerial or supervisory experience in a private security services business; with a federal, state, or local law-enforcement agency; or in a related field or (ii) five years of experience in a private security services business, with a federal, state, or local law-enforcement agency; or in a related field; and

4. The applicable, nonrefundable application fee.

C. The department may issue a certification for a period not to exceed 24 months when the following are received by the department:

1. A properly completed application provided by the department;

2. The applicable, nonrefundable certification fee;

3. Verification of eligibility pursuant to § 9.1-139 A of the Code of Virginia; and

4. Verification of satisfactory completion of department regulatory compliance entry-level training requirements pursuant to this chapter.

D. Each compliance agent shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-172-100. Compliance agent certification renewal requirements.

A. Applications for certification renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address or email address provided by the certified compliance agent. However, if a renewal notification is not received by the compliance agent, it is the responsibility of the compliance agent to ensure renewal requirements are filed with the department. Certification renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for compliance agent certification renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully apply on an application provided by the department and complete the in-service regulatory compliance agent classroom training session provided by the department, or successfully complete an approved online in-service training session pursuant to this chapter. Training must be completed within the 12 months immediately preceding the expiration date of the current certification; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified in private security services or a related field. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a certification for a period not to exceed 24 months.

D. The department may renew a certification when the following are received by the department:

1. A properly completed renewal application provided by the department;

2. The applicable, nonrefundable certification renewal fee; and

3. Verification of satisfactory completion of department regulatory compliance agent in-service training.

E. Any renewal application received after the expiration date of a certification shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

6VAC20-172-110. Compliance agent regulatory compliance training requirements.

A. Each eligible person applying to attend a regulatory compliance entry-level or in-service training session provided by the department shall file with the department:

1. A properly completed application provided by the department; and

2. The applicable, nonrefundable application fee.

Upon receipt of the training enrollment application the department will assign the applicant to a training session provided by the department. Applicants for initial certification as a compliance agent must achieve a minimum passing score of 80% on the entry-level regulatory compliance training examination.

B. Department entry-level regulatory compliance training must be completed within 12 months of approval of application for an initial compliance agent certification.

C. Each person certified by the department to act as a compliance agent shall complete the department in-service regulatory compliance training within the last 12-month period of certification.

6VAC20-172-120. Compliance agent administrative requirements and standards of conduct.

Private security services certified compliance agents are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter. A compliance agent shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Maintain at all times with the department his mailing address and email address if applicable. Written notification of any change of address shall be received by the department no later than 10 days after the effective date of the change.

3. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-173, 6VAC20-174, or this chapter.

4. Not commit any act or omission that results in a private security license or registration being suspended, revoked, or not renewed, or the licensee or registrant otherwise being disciplined in any jurisdiction.

5. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

6. Inform the department, and the licensee for which the individual is designated as compliance agent if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

7. Inform the department, and the licensee for which the individual is designated as compliance agent if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

8. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

9. Be designated with the department as compliance agent for a licensee and shall:

a. Ensure that the licensee and all employees regulated or required to be regulated by the board conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia, 6VAC20-174, and this chapter;

b. Maintain documentation for all employees or persons otherwise utilized that verifies compliance with requirements pursuant to the Code of Virginia, 6VAC20-174, and this chapter;

c. Notify the department in writing within 10 calendar days following termination of his employment as compliance agent for the licensee;

d. Ensure that all employees regulated by the board carry a department-issued registration card or temporary registration letter along with a photo identification while on duty; and

e. Ensure that all regulated employees authorized to provide private security services while completing compulsory minimum training standards pursuant to § 9.1-139 H of the Code of Virginia carry a photo identification along with an authorization form provided by the department while on duty.

10. Not engage in acts of unprofessional conduct in the practice of private security services.

11. Not engage in acts of negligent or incompetent private security services.

12. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

13. Satisfy all judgments to include binding arbitrations related to private security services not provided.

14. Not publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading.

15. Not conduct private security business under a fictitious or assumed name unless the name is on file with the Department of Criminal Justice Services. This does not apply to a private investigator conducting a "pretext," provided that the private investigator does not state that he is representing a private security business that does not exist or otherwise prohibited under federal laws.

16. Not violate any state or local ordinances related to private security services.

17. Not provide false or misleading information to representatives of the department.

18. Not use access to the department's database information for any other purpose than verifying employee's application status.

19. Not allow another to use access granted to the department's database for any purpose.

20. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

Part VI
Reinstatement and Renewal Extensions

6VAC20-172-130. Reinstatement.

A. Any business license or compliance agent certification not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be licensed or certified with the department to provide private security services.

B. A renewal application must be received by the department within 60 days following the expiration date of the license or certification in order to be reinstated by the department providing all renewal requirements have been met. Prior to reinstatement the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid certification or license, including during the reinstatement period.

C. No license or certification shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date of the license or certification. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

E. When a license or certification is reinstated, the applicant shall continue to have the same DCJS number and shall be assigned an expiration date two years from the previous expiration date of the license or certification.

F. An applicant who reinstates shall be regarded as having been continuously licensed or certified without interruption. Therefore, the applicant shall remain under the disciplinary authority of the department during this entire period and may be held accountable for his activities during this period.

G. A person who fails to reinstate his license or certification shall be regarded as unlicensed or uncertified from the expiration date of the license or certification forward.

H. Nothing in this chapter shall divest the department of its authority to discipline a person for a violation of the law or regulations during the period of time for which the person was licensed or certified.

6VAC20-172-140. Renewal extension.

A. An extension of the time period to meet renewal requirements may be approved only under specific circumstances that do not allow private security personnel or businesses to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury;

3. Military or foreign service; or

4. Any emergency temporary assignment of private security personnel for purposes of natural disaster, homeland security, or documented threat by the private security services business for which he is employed.

B. A request for extension shall:

1. Be submitted in writing, dated, and signed by the individual or principal of a licensed entity prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department based on an evaluation of the justification for waiver;

2. Indicate the projected date the person or business will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness, a copy of the government orders, or documentation of emergency temporary assignment.

C. Applications for additional extensions may be approved upon written request of the person or business.

D. The total time for renewal extension, including additional extensions, shall not exceed 12 months beyond the original expiration date. If renewal requirements are not met during the period of extension, the individual must complete all initial training requirements to include applicable entry-level training.

E. The private security services person or business shall be nonoperational during the period of extension unless (i) otherwise issued a temporary exemption and (ii) authorized by the department pursuant to § 9.1-139 of the Code of Virginia.

Part VII
Sanctions; Exemptions; Recognition; Reciprocity

6VAC20-172-150. Denial, probation, suspension, and revocation.

A. The department may deny a license or certification in which any person or principal of an applying business has been convicted in any jurisdiction of any felony or of a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The record of a conviction, authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted, shall be admissible as prima facie evidence of such conviction.

B. The department may deny a license or certification in which any person or principal of an applying business (i) has not maintained good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field; (ii) has had his license, registration, or certification denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) has otherwise been disciplined in connection with a disciplinary action prior to applying for licensing, registration, or certification in Virginia.

C. Any false or misleading statement on any state application or supporting documentation is grounds for denial or revocation and may be subject to criminal prosecution.

D. The department may deny licensure or certification for other just cause.

E. A licensee or compliance agent shall be subject to disciplinary action for violations or noncompliance with the Code of Virginia or this chapter. Disciplinary action shall be in accordance with procedures prescribed by the Administrative Process Act. The disciplinary action may include but is not limited to a letter of censure, fine, probation, suspension, or revocation.

F. If a registrant or certified person is subject to disciplinary action for violations or noncompliance with the Code of Virginia, 6VAC20-174, or this chapter, the department will notify the last known licensed private security services business by which the registrant or certified person was employed or affiliated.

6VAC20-172-160. Exemptions; recognition and reciprocity.

A. The department may grant a temporary exemption from the requirements for licensing or certification for a period of not more than 30 days in a situation deemed an emergency by the department.

B. The department may recognize administrative and application requirements for licensing or certification based on agreements that have been entered into with other states and approved by the board.

Part VIII
Complaints; Department Action and Sanctions; Adjudication

6VAC20-172-170. Complaint submittal requirements.

A. In accordance with § 9.1-141 of the Code of Virginia, this chapter establishes standards designed to secure the public safety and welfare against incompetent or unqualified persons engaging in private security services. It shall be the responsibility of the licensee, its compliance agents, and its employees to provide private security services in a professional and ethical manner utilizing sound business practices.

B. Any aggrieved or interested person may file a complaint against any individual, person, firm, or licensed firm whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing private security services or this chapter.

C. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, and providing sufficient detailed information for the department to conduct an investigation; or

3. By telephone, providing the complaint alleges activities that constitute a life-threatening situation or have resulted in personal injury or loss to the public or to a consumer or that may result in imminent harm or personal injury and that provide sufficient detailed information for the department to conduct an investigation.

6VAC20-172-180. Department investigation.

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this chapter.

B. Documentation.

1. Persons regulated or required to be regulated by this chapter pursuant to the Code of Virginia are required to provide department investigators with any and all records required to be maintained by this chapter.

a. This shall not be construed to authorize the department to demand records protected under applicable federal and state laws. If such records are necessary to complete an investigation, the department may seek a subpoena to satisfy the request.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this chapter.

2. The department shall endeavor to keep any documentation, evidence, or information on an investigation confidential until such time as adjudication has been completed, at which time information may be released upon request pursuant to applicable federal and state laws or regulations.

6VAC20-172-190. Disciplinary action; sanctions; publication of records.

A. Each person subject to jurisdiction of this chapter who violates any statute or regulation pertaining to private security services shall be subject to sanctions imposed by the department regardless of criminal prosecution.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation of or in noncompliance with the Code of Virginia or this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of license, certification, or approval granted for any period of time;

4. Revocation;

5. Refusal to issue, renew, or reinstate a license, certification, or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted;

7. Remedial training; or

8. Conditional agreements.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this chapter but do not hold a valid license or certification. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director may summarily suspend a license or certification under this chapter without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations of the licensee or certified person would constitute a life-threatening situation, has resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm, personal injury, or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all persons, licensees, firms, compliance agents, and licensed firms whose conduct and activities are subject to this chapter and have been sanctioned or denied licensure, certification, or approval.

6VAC20-172-200. Fines; administrative and investigative costs.

A. The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation, or denial of any license or certification. Such costs shall be in addition to any monetary penalty that may be imposed.

B. All monetary penalties imposed as a sanction shall be deposited into the state treasury to the credit of the State Literary Fund.

6VAC20-172-210. Hearing process.

Following a preliminary investigative process, the department may initiate action to resolve the complaint through an informal fact-finding conference or formal hearing as established in this chapter. Pursuant to the authority conferred in § 9.1-141 C 6 of the Code of Virginia and in accordance with the procedures set forth by the Administrative Process Act and the procedures prescribed in this part, the department is empowered to receive, review, investigate, and adjudicate complaints concerning the conduct of any person whose activities are regulated by the board. The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.

6VAC20-172-220. Informal fact-finding conference.

The purpose of an informal fact-finding conference is to resolve allegations through informal consultation and negotiation. Informal fact-finding conferences shall be conducted in accordance with § 2.2-4019 of the Code of Virginia. The respondent, the person against whom the complaint is filed, may appeal the decision of an informal fact-finding conference and request a formal hearing, provided that written notification is given to the department within 30 days of the date the informal fact-finding decision notice was served, or the date it was mailed to the respondent, whichever occurred first. In the event the informal fact-finding decision was served by mail, three days shall be added to that period.

6VAC20-172-230. Formal hearing.

A. Formal hearing proceedings may be initiated in any case in which the basic laws provide expressly for a case decision, or in any case to the extent the informal fact-finding conference has not been conducted or an appeal thereto has been timely received. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia. The findings and decision of the director resulting from a formal hearing may be appealed to the board.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine or to suspend, revoke, or deny issuance or renewal of any license, certification, or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such license, certification, or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

6VAC20-172-240. Appeals.

The findings and the decision of the director may be appealed to the board provided that written notification is given to the attention of the Director, Department of Criminal Justice Services, within 30 days following the date notification of the hearing decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

6VAC20-172-250. Court review; appeal of final agency order.

A. The agency's final administrative decision (final agency order) may be appealed. Any person affected by and claiming the unlawfulness of the agency's final case decision shall have the right to the direct review thereof by an appropriate and timely court action. Such appeal actions shall be initiated in the circuit court of jurisdiction in which the party applying for review resides; however, if such party is not a resident of Virginia, the venue shall be in the City of Richmond, Virginia.

B. Notification shall be given to the attention of the Director, Department of Criminal Justice Services, in writing within 30 days of the date notification of the board decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect, unless the court issues a stay of the order.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (6VAC20-172)

Business

Private Security Services - Business Compliance Inspection Form (eff. 10/12)

Private Security Services - Irrevocable Consent for Service Form (eff. 10/12)

Private Security Services - Initial Business License Application (eff. 10/12)

Private Security Services - Renewal Business License Application (eff. 10/12)

Private Security Services - Bond (eff. 10/12)

Private Security Services - Compliance Agent Designation and Acceptance Form (eff. 10/12)

Private Security Services - Additional License Category Application (eff. 10/12)

Private Security Services - Address Change Form for Businesses (eff. 10/12)

Compliance Agent

Compliance Agent - Training and Certification (eff. 10/12)

Compliance Agent - In-Service Training Enrollment (eff. 10/12)

Compliance Agent - Certification Application and Online Training Exemption Form (eff. 10/12)

Fingerprint Processing

DCJS Fingerprint Cards Order Form (undated)

Fingerprint Processing Application (eff. 10/12)

Criminal History Supplemental Form (eff. 10/12)

Fingerprint Application Instructions (eff. 10/12)

Acceptable Documents for Verifying Legal Presence/Name Change (eff. 10/12)

Miscellaneous

Complaint Form (eff. 10/12)

Firearms Discharge Report (eff. 10/12)

Request for Extension Form (eff. 10/12)

Individual Address Change Form (eff. 10/12)

Credit Card Authorization Form (eff. 10/12)

CHAPTER 173
REGULATIONS RELATING TO PRIVATE SECURITY SERVICES TRAINING SCHOOLS

Part I
Definitions

6VAC20-173-10. Definitions.

In addition to the words and terms defined in § 9.1-138 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Assistant training school director" means a certified instructor designated by a private security training school director to submit training school session notifications and training rosters and perform administrative duties in lieu of the director.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Certified training school" means a training school that is certified by the department for the specific purpose of training private security services business personnel in at least one category of the compulsory minimum training standards as set forth by the board

"Class" means a block of instruction no less than 50 minutes in length on a particular subject.

"Classroom training" means instruction conducted in person by an instructor to students in an organized manner utilizing a lesson plan.

"Date of hire" means the date any employee of a private security services business or training school performs services regulated or required to be regulated by the department.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Electronic images" means an acceptable method of maintaining required documentation through the scanning, storage, and maintenance of verifiable electronic copies of original documentation.

"Entry-level training" means the compulsory initial training for regulated categories and basic or intermediate firearms training standards adopted by the board for private security services business personnel who are either new registrants or failed to timely complete in-service training or firearms retraining within the prescribed time period.

"Firearms endorsement" means a method of regulation that identifies an individual registered as a private security registrant and has successfully completed the annual firearms training and has met the requirements as set forth in 6VAC20-174.

"Firm" means a business entity, regardless of method of organization, applying for an initial or renewal private security services business license or private security services training school certification.

"Incident" means an event that exceeds the normal extent of one's duties.

"In-service training requirement" means the compulsory in-service training standards adopted by the Criminal Justice Services Board for private security services business personnel.

"Intermediate weapon" means a tool not fundamentally designed to cause deadly force with conventional use. This would exclude all metal ammunition firearms or edged weapons. These weapons include but are not limited to baton/collapsible baton, chemical irritants, electronic restraining devices, projectiles, and other less lethal weapons as defined by the department.

"Job-related training" means training specifically related to the daily job functions of a given category of registration or certification.

"Learning management system" or "LMS" means a software application or web-based technology used to plan, implement, monitor, and assess a specific learning process.

"Network administrator" means an individual designated by a certified training school that provides online training who serves as the technical contact between the department and the certified training school.

"Official documentation" means personnel records; Certificate of Release or Discharge from Active Duty (DD214); copies of business licenses indicating ownership; law-enforcement transcripts; certificates of training completion; a signed letter provided directly by a current or previous employer detailing dates of employment and job duties; college transcripts; letters of commendation; private security services registrations, certifications or licenses from other states; and other employment, training, or experience verification documents. A resume is not considered official documentation.

"On duty" means the time during which private security services business personnel receive or are entitled to receive compensation for employment for which a registration or certification is required.

"Online training" means training approved by the department and offered via the Internet or an Intranet for the purpose of remote access on-demand or distance training that meets all requirements for compulsory minimum training standards.

"Performance of his duties" means on duty in the context of this chapter.

"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.

"Physical address" means the location of the building that houses a private security services business or training school or the location where the individual principals of a business reside. A post office box is not a physical address.

"Principal" means any sole proprietor, individual listed as an officer or director with the Virginia State Corporation Commission, board member of the association, or partner of a licensed firm, or applicant for licensure.

"Private security services business personnel" means each employee of a private security services business who is employed as an unarmed security officer, an armed security officer/courier, an armored car personnel, a security canine handler, a detector canine handler, a private investigator, a personal protection specialist, an alarm respondent, locksmith, a central station dispatcher, an electronic security employee, an electronic security sales representative, an electronic security technician, or electronic security technician's assistant.

"Reciprocity" means the relation existing between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Recognition" means the relation of accepting various application requirements between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Related field" means any field with training requirements, job duties, and experience similar to those of the private security services field in which the applicant wishes to be licensed, certified, or registered. This term includes law enforcement and certain categories of the military.

"Session" means a group of classes comprising the total hours of mandated compulsory minimum training standards in any of the categories of licensure, registration, or certification in accordance with this article and in accordance with §§ 9.1-141, 9.1-150.2, 9.1-185.2, and 9.1-186.2 of the Code of Virginia.

"This chapter" means the Regulations Relating to Private Security Services Training Schools (6VAC20-173).

"Training certification" means verification of the successful completion of any training requirement established by the board.

"Training requirement" means any entry level, in-service, or firearms training or retraining standard established by the board.

"Training school director" means a natural person designated by a principal of a certified private security services training school to assure the compliance of the private security services training school with all applicable requirements as provided in the Code of Virginia and this chapter.

Part II
Application Fees

6VAC20-173-20. Application fees.

A. Schedule of fees. The fees listed below reflect the costs of handling, issuance, and production associated with administering and processing applications for certification and other administrative requests for services relating to private security services.

CATEGORIES

FEES

CRIMINAL HISTORY RECORDS CHECK

Fingerprint processing

$50

CERTIFICATIONS

Initial training school

$800

Training school renewal

$500

Training school category

$50

Initial instructor certification

$50

Instructor certification renewal

$25

Instructor certification category

$10

Initial detector canine handler examiner certification

$50

Detector canine handler examiner certification renewal

$25

Replacement card

$20

TRAINING RELATED

Entry-level training exemption

$25

In-service training alternative credit evaluation

$25

Training completion roster form

$30

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for certification renewal applications not received on or before the expiration date of the expiring certification.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the certification or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the certification or authority it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the person may request that the suspended certification or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

D. Manual processing service fee. The department shall collect a $5.00 service fee for any applications under this chapter that are submitted to the department by other means than the available electronic methods established by the department.

Part III
Criminal History Records Search

6VAC20-173-30. Fingerprint processing.

A. On or before the first date of hire, each person applying for certification as a private security services training school, a detector canine handler examiner, or an instructor shall submit to the department:

1. One completed fingerprint card provided by the department or another electronic method approved by the department;

2. A fingerprint processing application;

3. The applicable, nonrefundable fee; and

4. All criminal history conviction information on a form provided by the department.

B. The department shall submit those fingerprints to the Virginia State Police for the purpose of conducting a Virginia Criminal History Records search and a National Criminal Records search to determine whether the individual or individuals have a record of conviction.

C. Fingerprint cards found to be unclassifiable will suspend all action on the application pending the resubmission of a classifiable fingerprint card. The applicant shall be so notified in writing and must submit a new fingerprint card within 30 days of notification before the processing of his application shall resume. If a fingerprint card is not submitted within the 30 days, the initial fingerprint application process will be required to include applicable application fees.

D. If the applicant is denied by DCJS, the department will notify the applicant by letter regarding the reasons for the denial.

E. Fingerprint applications will be active for 120 days from the date of submittal. Applications for certifications must be submitted within that 120-day period or initial fingerprint submittal will be required.

Part IV
Training School Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-173-40. Initial training school application.

A. Prior to the issuance of a training school certification, the applicant shall meet or exceed the requirements of certification and application submittal to the department as set forth in this section.

B. Each person seeking certification as a private security services training school shall file a completed application provided by the department to include:

1. For each principal of the applying training school, the principal's fingerprints pursuant to this chapter;

2. Documentation verifying that the applicant has secured a surety bond in the amount of $100,000 executed by a surety company authorized to do business in Virginia, or a certificate of insurance reflecting the department as a certificate holder, showing a policy of comprehensive general liability insurance with a minimum coverage of $100,000 per individual occurrence and $300,000 general aggregate issued by an insurance company authorized to do business in Virginia;

3. For each nonresident applicant for a training school, on a form provided by the department, a completed irrevocable consent for the department to serve as service agent for all actions filed in any court in this Commonwealth;

4. For each applicant for certification as a private security services training school except sole proprietor and partnership, on a certification application provided by the department, the identification number issued by the Virginia State Corporation Commission for verification that the entity is authorized to conduct business in the Commonwealth;

5. A physical location in Virginia where records required to be maintained by the Code of Virginia and this chapter are kept and available for inspection by the department. A post office box is not a physical location;

6. On the training school certification application, designation of at least one individual as training director who is not designated as training director for any other training school, and who is certified as an instructor pursuant to this chapter. A maximum of four individuals may be designated as an assistant training school director;

7. A copy of the curriculum in course outline format for each category of training to be offered, including the hours of instruction with initial and in-service courses on separate documents;

8. A copy of the training school regulations;

9. A copy of the range regulations to include the assigned DCJS range identification number if firearms training will be offered;

10. On the certification application, selection of the category of training the applicant is seeking to provide. The initial training school certification application fee includes one category. A separate fee will be charged for each additional category of training. The separate categories are identified as follows: (i) security officers/couriers/alarm respondents (armed and unarmed) to include arrest authority, (ii) private investigators, (iii) locksmiths and electronic security personnel to include central station dispatchers, (iv) armored car personnel, (v) personal protection specialists, (vi) detector canine handlers and security canine handlers, (vii) special conservators of the peace pursuant to § 9.1-150.1 of the Code of Virginia, (viii) bail bondsmen pursuant to § 9.1-185 of the Code of Virginia and bail enforcement agents pursuant to § 9.1-186 of the Code of Virginia, and (ix) firearms;

11. The applicable, nonrefundable category fee; and

12. The applicable, nonrefundable training school certification application fee.

C. When the department has received and processed a completed application and accompanying material, the department may inspect the training facilities, including an inspection of the firearms range, if applicable, to ensure conformity with the minimum requirements set forth in 6VAC20-174 and this chapter.

D. Upon completion of the initial training school application requirements, the department may issue an initial certification for a period not to exceed 24 months.

E. The department may issue a letter of temporary certification to training schools for not more than 120 days while awaiting the results of the state and national fingerprint search conducted on the principals and training director of the business, provided that the applicant has met the necessary conditions and requirements.

F. A new certification is required whenever there is any change in the ownership or type of organization of the certified entity that results in the creation of a new legal entity. Such changes include but are not limited to:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Formation or dissolution of a corporation, a limited liability company, or an association or any other business entity recognized under the laws of the Commonwealth of Virginia.

G. Each certification shall be issued to the legal entity named on the application, whether it is a sole proprietorship, partnership, corporation, or other legal entity, and shall be valid only for the legal entity named on the certification. No certification shall be assigned or otherwise transferred to another legal entity.

H. Each certified training school shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-173-50. Renewal training school application.

A. Applications for certification renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address or email address provided by the certified training school. However, if a renewal notification is not received by the training school, it is the responsibility of the training school to ensure renewal requirements are filed with the department. Certification renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees. Outstanding fees or monetary penalties owed to DCJS must be paid prior to issuance of said renewal.

B. Upon completion of the renewal training school application requirements, the department may issue a renewal certification for a period not to exceed 24 months.

C. The department may renew a certification when the following are received by the department:

1. A properly completed renewal application;

2. Documentation verifying that the applicant has secured and maintained a surety bond in the amount of $100,000 executed by a surety company authorized to do business in Virginia, or a certificate of insurance reflecting the department as a certificate holder, showing a policy of comprehensive general liability insurance with a minimum coverage of $100,000 per individual occurrence and $300,000 general aggregate issued by an insurance company authorized to do business in Virginia;

3. On the application, designation of at least one certified instructor as training director who has satisfactorily completed all applicable training requirements;

4. Fingerprints for each new and additional principal pursuant to § 9.1-139 H of the Code of Virginia;

5. The applicable, nonrefundable certification renewal fee and category fees; and

6. Any documentation required for any new categories of training.

D. Each training school applying for a certification renewal shall be in good standing in every jurisdiction where licensed, registered, or certified in private security services or related field. This subsection shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

E. Any renewal application received after the expiration date of a certification shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

6VAC20-173-60. General requirements.

All private security services certified training schools are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

6VAC20-173-70. Training school administrative requirements.

A training school shall:

1. Maintain at all times with the department its physical address and email address if applicable. A post office box is not a physical address. Notification of any change shall be in writing and received by the department no later than 10 days after the effective date of the change.

2. Employ at all times one individual designated as training director who is currently certified as an instructor pursuant to this chapter and who is not currently designated as training director for another training school. A training school may designate a maximum of four individuals as assistant training school directors.

3. Upon termination of the services of a certified instructor, notify the department in writing within 10 calendar days. Should the instructor also be designated as the training director for the training school, this notification shall include the name of the instructor responsible for the training school's adherence to applicable administrative requirements and standards of conduct during the period of training director replacement.

4. Within 90 days of termination of employment of the sole remaining training director, submit the name of a new instructor eligible for designation pursuant to this chapter and who is not currently designated for another training school. Individuals not currently eligible may pursue certification pursuant to this chapter. Such notification shall be in writing and signed by a principal of the training school and the designated training director.

5. Notify the department in writing of any certified instructors or subject matter specialists eligible to provide instruction at the training school. The notification shall be received by the department prior to the individual conducting any training for the training school and signed by the training school director and the designated instructor or subject matter specialist.

6. Prominently display at all times, in a conspicuous place where the public has access, the training school certification issued by the department.

7. Maintain at all times current liability coverage at least in the minimum amounts prescribed by the application requirements of this chapter. Each day of uninsured activity would be construed as an individual violation of this requirement.

8. Inform the department in writing within 10 days of any principal, partner, officer, instructor, or employee regulated or required to be regulated by this chapter pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

9. Inform the department in writing within 10 days of any principal, partner, officer, instructor, or employee regulated or required to be regulated by this chapter having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

10. Report in writing to the department any change in its ownership or principals that does not result in the creation of a new legal entity. Such written report shall be received by the department within 10 days after the occurrence of such change to include fingerprint cards submitted pursuant to this chapter.

11. Maintain at all times with the department its current operating name and fictitious names. Any name change reports shall be submitted in writing within 10 days after the occurrence of such change and accompanied by certified true copies of the documents that establish the name change.

12. Report in writing to the department any change in the entity of the training school that results in continued operation requiring a certification. Such written report shall be received by the department within 10 days after the occurrence of such change.

13. Maintain written authorization from the department for any subject matter specialists being used to provide instruction.

14. Develop lesson plans for each training curriculum and subject being offered in accordance with the topical outlines submitted to the department to include hours of instruction as set forth in 6VAC20-174.

15. Maintain comprehensive and current lesson plans for each entry level training curriculum and subject being offered.

16. Maintain comprehensive and current lesson plans for each in-service training curriculum and subject being offered.

17. Maintain comprehensive and current lesson plans for each firearms training curriculum and subject being offered.

18. Date all lesson plans and handout material, including the initial date of development and subsequent revisions.

19. Ensure that current copies of the following requirements are provided to and maintained with the department, including:

a. A list of all training locations used by the training school, excluding hotel or motel facilities;

b. A list of all firing range names and locations;

c. A list of all subject matter specialists currently employed or otherwise utilized; and

d. Copies of current topical outlines for all lesson plans and curriculums. The lesson plans and subsequent course outlines shall include (i) specific reference to the course content involving the Code of Virginia, 6VAC20-174, and this chapter and (ii) the hours of instruction.

20. Ensure that range qualification for all firearms training is completed pursuant to the requirements set forth in 6VAC20-174 except with written authorization from the department.

21. On a form provided by the department and within 10 calendar days of an incident, submit a report of any incident in which any instructor, student, or employee has discharged a firearm while on duty, excluding any training exercise.

22. Not act as or be a certified training school for undisclosed persons who directly or indirectly control the operation of the training school.

23. Inform the department and compliance agent of the employing business if applicable, in a format prescribed by the department, within seven days of any person regulated by the board who fails to requalify with a minimum passing score on the range.

6VAC20-173-80. Training school standards of conduct.

A training school shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Ensure that the owners, principals, training directors, and all instructors employed by the training school conform to all applicable application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia and this chapter.

3. Utilize only certified instructors or other individuals eligible to provide instruction pursuant to this chapter in the conduct of private security training sessions.

4. Maintain current files that include copies or electronic images of attendance records, a master final examination, pass/fail recording of examination and firearms qualification scores, training completion rosters, and training completion forms for each student for three years from the date of the training session in which the individual student was enrolled.

5. Permit the department during regular business hours to inspect, review, or copy those documents, electronic images, business records, or training records that are required to be maintained by the Code of Virginia and this chapter.

6. Permit the department to inspect and observe any training session. Certified training schools that conduct training sessions not located within Virginia may be required to pay the expenses of inspection and review.

7. Include the training school certification number issued by the department on all business advertising materials pursuant to the Code of Virginia.

8. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-172, 6VAC20-174, or this chapter.

9. Not commit any act or omission that results in a private security license, registration, or certification being suspended, revoked, or not renewed or the licensee, registrant, or certificate holder otherwise being disciplined in any jurisdiction.

10. Ensure that the owners, principals, training directors, and all instructors employed by the training school have not been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

11. Not obtain or aid and abet others to obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

12. Conduct entry-level and in-service training sessions separately. In-service subjects and curriculums may not be incorporated or included as a part of the entry-level subjects and curriculums unless otherwise authorized by the department.

13. Not conduct a private security services training school in such a manner as to endanger the public health, safety, and welfare.

14. Not falsify, or aid and abet others in falsifying, training records for the purpose of obtaining a license, registration, certification, or certification as a compliance agent, training school, school director, or instructor.

15. Not represent as one's own a certification issued to another private security services training school.

16. Not perform any unlawful or negligent act resulting in loss, injury, or death to any person.

17. Not use or display the state seal of Virginia, or any portion thereof, as a part of any logo, stationery, business card, badge, patch, insignia, or other form of identification or advertisement.

18. Not use or display the seal of the Department of Criminal Justice Services, or any portion thereof, or the seal of any political subdivision of the Commonwealth, or any portion thereof, as a part of the training school's logo, stationery, letter, training document, business card, badge, patch, insignia, or other form of identification or advertisement.

19. Not engage in acts of unprofessional conduct in the practice of private security services.

20. Not engage in acts of negligent or incompetent private security services.

21. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

22. Not violate any state or local ordinances related to private security services.

23. Satisfy all judgments to include binding arbitrations related to private security services not provided.

24. Not publish or cause to be published any material relating to private security services that contains an assertion, representation, or statement of fact that is false, deceptive, or misleading.

25. Not provide false or misleading information to representatives of the department.

26. Not act as or be an ostensible certified training school for undisclosed persons who do or will control directly or indirectly the operations of the training school.

27. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

Part V
Instructor Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-173-90. Initial instructor application.

A. Each person applying for certification as an instructor shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Have a high school diploma or equivalent (GED);

3. Have either (i) successfully completed a DCJS instructor development course within the three years immediately preceding the date of the application or submitted a waiver application for an instructor development course that meets or exceeds standards established by the department or (ii) successfully completed an approved DCJS instructor development program longer than three years prior to the date of application and provided documented instruction during the three years immediately preceding or provided documented instruction in a related field at an institution of higher learning;

4. Have a minimum of (i) three years management or supervisory experience with a private security services business; with any federal, military police, state, county, or municipal law-enforcement agency; or in a related field; (ii) five years general experience in a private security services business; with a federal, state or local law-enforcement agency; or in a related field; or (iii) one year experience as an instructor or teacher at an accredited educational institution or agency in the subject matter for which certification is requested or in a related field;

5. Have previous training and a minimum of two years work experience for those subjects in which certification is requested; and

6. Be a United States citizen or legal resident alien of the United States.

B. Each person applying for certification as an instructor shall file with the department:

1. A properly completed application provided by the department;

2. Fingerprint card pursuant to this chapter;

3. Official documentation verifying that the applicant meets the minimum eligibility requirements pursuant to this section;

4. On the certification application, selection of the category of training the applicant is seeking to provide. The initial instructor certification fee includes one category. A separate fee will be charged for each additional category of training. The separate categories are identified as follows: (i) security officers/couriers/alarm respondent (armed and unarmed) to include arrest authority, (ii) private investigators, (iii) locksmiths and electronic security personnel to include central station dispatchers, (iv) armored car personnel, (v) personal protection specialists, (vi) detector canine handlers and security canine handlers, (vii) special conservators of the peace pursuant to § 9.1-150.1 of the Code of Virginia, (viii) bail bondsmen pursuant to § 9.1-185 of the Code of Virginia and bail enforcement agents pursuant to § 9.1-186 of the Code of Virginia, and (ix) firearms;

5. The nonrefundable instructor certification application fee and category fee or fees if applicable; and

6. Evidence of status as a United States citizen or legal resident alien of the United States.

C. In addition to the instructor qualification requirements described in subsections A and B of this section, each applicant for certification as a firearms instructor shall submit to the department:

1. Official documentation that the applicant has successfully completed a DCJS firearms instructor school or a waiver application with supporting documentation demonstrating completion of a firearms instructor school specifically designed for law-enforcement or private security personnel that meets or exceeds standards established by the department within the three years immediately preceding the date of the instructor application.

2. Official documentation, in the form of a signed, dated range sheet with the qualification score and course of fire as prescribed in the firearms training requirements in 6VAC20-174, that the applicant has successfully qualified, with a minimum range qualification of 85%, with each of the following:

a. A revolver;

b. A semi-automatic handgun; and

c. A shotgun.

Firearms instructors applying to provide patrol rifle training must submit official documentation in the form of a signed, dated range sheet that the applicant has successfully qualified, with a minimum range qualification of 85%, with a patrol rifle.

Range qualifications must have been completed within the 12 months immediately preceding the instructor application date and have been completed at a Virginia criminal justice agency, training academy, correctional facility, or a department approved range utilized by a certified private security training school. The qualifications must be documented by another instructor certified as a law-enforcement firearms instructor or private security services firearms instructor.

The firearms instructor training must have been completed within the three years immediately preceding the date of the instructor application, or in the event that the school completion occurred prior to three years, the applicant shall have provided firearms instruction during the three years immediately preceding the date of the instructor application.

D. Upon completion of the initial instructor application requirements, the department may issue an initial certification for a period not to exceed 24 months.

E. The department may issue a letter of temporary certification to instructors for not more than 120 days while awaiting the results of the state and national fingerprint search provided the applicant has met the necessary conditions and requirements.

F. Each certification shall be issued to the individual named on the application and shall be valid only for use by that individual. No certification shall be assigned or otherwise transferred to another individual.

G. Each instructor shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-173-100. Renewal instructor application.

A. Applications for certification renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address or email address provided by the certified instructor. However, if a renewal notification is not received by the instructor, it is the responsibility of the instructor to ensure renewal requirements are filed with the department. Certification renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for instructor certification renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully complete a minimum of four hours of continuing education in instructor development. Training must be completed within the 12 months immediately preceding the expiration date of the current certification; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a certification for a period not to exceed 24 months.

D. The department may renew a certification when the following are received by the department:

1. A properly completed renewal application provided by the department;

2. The nonrefundable certification renewal fee and applicable category fees;

3. Any documentation required for any new categories of training;

4. Verification of satisfactory completion of instructor development continuing education requirements; and

5. For firearms instructors, official documentation in the form of a signed, dated range sheet along with the qualification score and course of fire as prescribed in the firearms training qualifications in 6VAC20-174, with a minimum range qualification of 85%, with each of the following:

a. A revolver;

b. A semi-automatic handgun; and

c. A shotgun.

Firearms instructors applying to provide patrol rifle training must submit official documentation in the form of a signed, dated range sheet that the applicant has successfully qualified, with a minimum range qualification of 85%, with a patrol rifle.

Range qualifications must have been completed within the 12 months immediately preceding the instructor application date and have been completed at a Virginia criminal justice agency, training academy, correctional facility, or a department approved range utilized by a certified private security training school. The qualifications must be documented by another instructor certified as a law-enforcement firearms instructor or private security services firearms instructor.

E. Any instructor renewal application received by the department shall meet all renewal requirements prior to the expiration date of a certification or shall be subject to the requirements set forth by the reinstatement provisions pursuant to this chapter.

6VAC20-173-110. Instructor administrative requirements and standards of conduct.

All private security services certified personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter. An instructor shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Maintain at all times with the department his mailing address and email address if applicable. Notification of any address change shall be in writing and received by the department no later than 10 days after the effective date of the change.

3. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

4. Inform the department, and the training school for which the individual is designated as an instructor if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

5. Inform the department, and the training school for which the individual is designated as instructor if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

6. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-172, 6VAC20-174, or this chapter.

7. Not commit any act or omission that results in a private security license, registration, or certification as defined in the § 9.1-138 of the Code of Virginia being suspended, revoked, or not renewed or the licensee, registrant, or certificate holder otherwise being disciplined in any jurisdiction.

8. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

9. Conduct training sessions pursuant to requirements established in this chapter.

10. Notify the department within 10 calendar days following termination of his employment as instructor for the training school.

11. Not engage in acts of unprofessional conduct in the practice of private security services.

12. Not engage in acts of negligent or incompetent private security services.

13. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

14. Not violate any state or local ordinances relating to private security services.

15. Maintain documentation of successful completion of a minimum of two hours of professional development for topics related to each category of instructor certification as established in this chapter during each certification period or successful completion of compulsory in-service training by another private security services certified instructor if also registered in the same categories.

16. Not publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading.

17. Not provide false or misleading information to representatives of the department.

18. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

19. Transport, carry, and utilize firearms while on duty only in a manner that does not endanger the public health, safety, and welfare.

20. Report in writing to the training school director within 24 hours of any person regulated by the board who fails to requalify with a minimum passing score on the range.

21. Provide any person who fails to requalify with a minimum passing score on the range with a failure to requalify notice provided by the department.

6VAC20-173-120. Designated training school director administrative requirements and standards.

All private security services certified personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter. A training school director shall:

1. Ensure that the certified training school and all employees regulated or required to be regulated by this chapter conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia and this chapter.

2. Conform to all application requirements, administrative requirements, and standards of conduct as a certified instructor pursuant to the Code of Virginia and this chapter.

3. Maintain documentation for all employees or persons otherwise utilized that verifies compliance with requirements pursuant to the Code of Virginia and this chapter.

4. Notify the department in writing within 10 calendar days following termination of his employment as training director for the certified training school.

5. Use access to the department's database information only for the purpose of verifying employed instructors' or students' application status.

6. Not allow another to use access granted to the department's database for any purpose.

7. Inform the department and compliance agent of the employing business if applicable, in a format prescribed by the department within seven days of any person regulated by the board, who fails to requalify with a minimum passing score on the range.

Part VI
Detector Canine Handler Examiner Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-173-130. Initial detector canine handler examiner certification application.

A. Each person applying for certification as a detector canine handler examiner shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Have a high school diploma or equivalent (GED);

3. Have a minimum of five years experience as a detector canine handler and a minimum of two years experience as a detector canine trainer within the previous 10 years prior to application with the department;

4. Have an active certification as a detector canine handler examiner or equivalent credential from a department-approved national organization, a unit of the United States military, or another formal entity; and

5. Be a United States citizen or legal resident alien of the United States.

B. Each person applying for certification as a detector canine handler examiner shall file with the department:

1. A properly completed application provided by the department;

2. Fingerprint card pursuant this chapter;

3. Official documentation according to subdivisions A 3 and A 4 of this section; and

4. The applicable, nonrefundable application fee.

C. Upon completion of the initial detector canine handler examiner application requirements, the department may issue an initial certification for a period not to exceed 24 months.

D. The department may issue a letter of temporary certification to detector canine handler examiners for not more than 120 days while awaiting the results of the state and national fingerprint search provided the applicant has met the necessary conditions and requirements.

E. Each certification shall be issued to the individual named on the application and shall be valid only for use by that individual. No certification shall be assigned or otherwise transferred to another individual.

F. Each detector canine handler examiner shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-173-140. Renewal detector canine handler examiner certification application.

A. Applications for certification renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address of the certified examiner. However, if a renewal notification is not received by the examiner, it is the responsibility of the examiner to ensure renewal requirements are filed with the department. Certification renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for examiner certification renewal shall meet the minimum requirements for eligibility as follows:

1. Have maintained certification as a detector canine handler examiner or equivalent credential according to the minimum eligibility requirements set forth in this chapter and demonstrate the completion of a minimum of 16 hours of continuing education during the previous certification period; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified in private security services or a related field. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a certification for a period not to exceed 24 months.

D. The department may renew a certification when the following are received by the department:

1. A properly completed renewal application provided by the department;

2. The applicable, nonrefundable certification renewal fee; and

3. Official documentation according to subsection B of this section.

E. Any examiner renewal application received by the department shall meet all renewal requirements prior to the expiration date of a certification or shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

6VAC20-173-150. Detector canine handler examiners administrative requirements and standards of conduct.

A. All private security services certified personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

B. Administrative requirements. An examiner shall:

1. Maintain at all times with the department his mailing address and email address if applicable. Notification of any address change shall be in writing and received by the department no later than 10 days after the effective date of the change.

2. Inform the department, and the business or training school for which the individual is employed if applicable, in writing within 10 days after pleading guilty or nolo contendere, and after being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

3. Inform the department and the licensed business or training school for which the individual is employed or utilized in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction .

4. Satisfy all judgments to include binding arbitrations related to private security services not provided.

5. Notify the department within 10 calendar days following termination of his employment as an examiner for a business or training school.

6. Conduct examinations in accordance with the standards of the Department of Defense Military Working Dog Program, Scientific Working Group on Dog and Orthogonal Detector Guidelines, or other nationally recognized organization approved by the department.

7. Notify the department within 10 calendar days following termination of any certification as a detector canine handler examiner or equivalent with any national organization, a unit of the United States military, or another formal entity involved with certifying, training, or setting standards for detection canines.

8. Notify the department in writing within 10 calendar days of determining that a detector canine handler or detector canine fails to successfully complete the certification examination as prescribed in 6VAC20-174.

9. Maintain documentation and a photograph of the examined detector canine team for three years for all examinations conducted that verifies compliance with requirements pursuant to the Code of Virginia, 6VAC20-174, and this chapter.

10. Utilize only department-approved certification examinations for the testing and certification of detector canine teams.

C. Standards of conduct. An examiner shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms,. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

3. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-172, 6VAC20-174, or this chapter.

4. Not commit any act or omission that results in a private security license, registration, or certification being suspended, revoked, or not renewed or the licensee, registrant or certificate holder otherwise being disciplined in any jurisdiction.

5. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

6. Not engage in acts of unprofessional conduct in the practice of private security services.

7. Not engage in acts of negligent or incompetent private security services.

8. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

9. Not violate any state or local ordinances relating to private security services.

10. Not publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading.

11. Not provide false or misleading information to representatives of the department.

12. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

6VAC20-173-160. Instructor alternatives.

A. Subject matter specialist.

1. Training schools may employ or otherwise utilize individuals as subject matter specialists to provide instruction in specific areas of a training curriculum. During the approved portions of training, a certified instructor is not required to be present.

2. The training school shall obtain written authorization from the department prior to any subject matter specialist providing instruction. Written authorization may be requested by submitting on a form provided by the department:

a. A written request for authorization specifically outlining the requested subject matter; and

b. Documentation that supports the individual's credentials for instructing in the proposed subject matter.

3. The department may issue a written authorization for a period not to exceed 24 months.

B. Guest lecturer. Training schools may employ or otherwise utilize individuals as guest lecturers in specific areas of a training curriculum. A certified instructor is required to be present during all portions of training conducted by a guest lecturer.

6VAC20-173-170. Private security services training session.

A. Training sessions will be conducted in accordance with requirements established in this chapter. Adherence to the administrative requirements, attendance, and standards of conduct are the responsibility of the training school, training school director, and instructor of the training session.

B. Administrative requirements.

1. In a manner approved by the department, a notification to conduct a training session shall be submitted to the department. All notifications shall be received by the department, or postmarked if mailed, no less than seven calendar days prior to the beginning of each training session to include the date, time, instructors, and location of the training session. The department may allow a session to be conducted with less than seven calendar days of notification with prior approval. Session notifications require no fee from the training school. A notification to conduct a training session shall be deemed to be in compliance unless the training school director is notified by the department to the contrary.

2. Notification of any changes to the date, time, or location or cancellation of a future training session must be submitted to the department in writing and received by the department at least 24 hours in advance of the scheduled starting time of the class. In the event that a session must be canceled on the scheduled date, the department must be notified immediately followed by a cancellation in writing as soon as practical.

3. Course outline and training objectives must be approved by the department prior to offering a course of instruction for enrollment.

4. The training school director shall issue an original training completion form provided by the department to each student who satisfactorily completes a training session no later than five business days following the training completion date.

5. In a manner approved by the department, the training school director shall submit an original training completion roster to the department affirming each student's successful completion of the session. The training completion roster shall be received by the department within seven calendar days or, if mailed, postmarked no later than five business days following the training completion date and must be accompanied by the applicable, nonrefundable processing fee.

6. A written examination shall be administered at the conclusion of each entry-level training session. The examination shall be based on the applicable learning objectives. The student must attain a minimum grade of 70% for all entry-level training examinations and pass any applicable practical exercises to satisfactorily complete the training session.

7. Firearms classroom training shall be separately tested and graded. Individuals must achieve a minimum score of 70% on the firearms classroom training examination.

8. Failure to achieve a minimum score of 70% on the firearms classroom written examination will exclude the individual from the firearms range training.

9. To successfully complete the handgun or shotgun firearms range training, the individual must achieve a minimum qualification score of 75% of the scoring value of the target.

10. To successfully complete the advanced firearms range training, the individual must achieve a minimum qualification score of 92% of the scoring value of the target.

11. To successfully complete the patrol rifle firearms range training, the individual must achieve a minimum qualification score of 85% of the scoring value of the target.

C. Attendance.

1. Private security services business personnel enrolled in an approved training session are required to be present for the hours required for each training session unless they have been granted a partial exemption to training from the department.

2. Tardiness and absenteeism will not be permitted. Individuals violating these provisions will be required to make up any training missed. All training must be completed within the 12 months prior to application of a registration or certification. Individuals not completing the required training within this period are required to complete the entire training session.

3. Individuals who do not successfully complete the compulsory minimum training standards of the training session shall not be issued a training completion form or training certificate.

4. Each individual attending an approved training session shall comply with the regulations promulgated by the board and any other rules within the authority of the training school. If the training school director or instructor considers a violation of the rules detrimental to the training of other students or to involve cheating on examinations, the training school director or instructor may expel the individual from the school. Notification of such action shall immediately be reported to the employing firms and the department.

D. Standards of conduct.

1. The training school, training school director, and instructor shall at all times conform to the application requirements, administrative requirements, and standards of conduct established for certification as a training school and instructor.

2. Training sessions will be conducted by certified instructors or other individuals authorized to provide instruction pursuant to this chapter and each of whom must be present for all periods of instruction unless otherwise authorized by the department.

3. Training sessions will be conducted utilizing lesson plans developed including at a minimum the compulsory minimum training standards established by the board as prescribed in 6VAC20-174.

4. Instruction shall be provided in no less than 50-minute classes.

5. Training sessions shall not exceed nine hours of classroom instruction per day. Range qualification and practical exercises shall not be considered classroom instruction; however, total training, including the maximum allotment of nine hours classroom instruction and applicable range qualification and practical exercises, shall not exceed 12 hours per day. This does not include time allotted for breaks, meals, and testing.

6. All audiovisual training aids must be accompanied by a period of instruction where the instructor reviews the content of the presentation and the students are provided the opportunity to ask questions regarding the content.

7. A training session must adhere to the minimum compulsory training standards as set forth by the board and must be presented in its entirety. Training school directors may require additional hours of instruction, testing, or evaluation procedures.

8. A training session must provide accurate and current information to the students.

9. Mandated training that is not conducted in accordance with the Code of Virginia, 6VAC20-174, and this chapter is null and void.

10. A duplicate set of instructor course materials, including all student materials, shall be made available to any department inspector during the training session, if requested.

11. Certifiable in-service training may include a maximum of one hour of instruction dedicated to the review of regulations unless otherwise authorized by the department.

12. Live ammunition, pyrotechnics, and explosives are not to be utilized or present in any firearms training environment except on a firing range approved by the department.

6VAC20-173-180. Online in-service training programs.

Online training programs may only be offered for compulsory minimum in-service training requirements. Online training programs shall meet the following requirements:

1. All online schools shall maintain a private security services training school certification in good standing and meet all of the administrative requirements and standards of conduct specified in this chapter.

2. All online training courses must meet the minimum compulsory in-service training standards as prescribed in 6VAC20-174 to include topic and hour requirements.

3. All online training courses must provide that a private security services instructor certified in the category of training in which the course is being offered is available to the students during normal business hours.

4. All online training material to include complete course content, performance objectives, and other applicable instructional material of mandated compulsory training requirements must be approved by the department prior to offering a course of instruction for enrollment.

5. Certifiable in-service training may include a maximum of one hour of instruction dedicated to the review of regulations unless otherwise authorized by the department.

6. All online training course content, lesson plans, course objectives, and other applicable instructional material must be updated every two years to ensure curriculum is current.

7. All online training must be delivered through a learning management system capable of managing training records, delivering course content, monitoring participation, assessing performance, and creating and editing course content.

8. Students enrolled in an online training program shall successfully complete all course material within 30 days of the first log-on to the training school learning management system or prior to the registration or certification expiration date or final reinstatement date.

9. All online training must include assessment instruments that evaluate student performance.

10. Training schools offering online courses that accept credit card payments shall subscribe to an e-commerce solution service to protect the security and integrity of the monetary transaction.

11. The learning management system used by a certified training school shall allow the department auditing access to the training system. Such auditing access shall be available 24 hours a day, seven days a week.

12. The learning management system shall be capable of generating a unique electronic notification of training completion for each student completing the course requirements and each course of instruction on a 24-hour a day basis.

13. The training completion form shall include the following:

a. The name, a unique identification number, and address of the individual;

b. The name of the particular course that the individual completed;

c. Dates of course completion;

d. Name, address, telephone number, and license number of the training school; and

e. Name and DCJS identification number of the school director and primary instructor.

14. The learning management system shall be capable of generating a training certificate for each student and each course of instruction that can be printed by the student's computer and printer. This training certificate shall only be made available to the student upon successful completion of all course material.

15. The learning management system shall be capable of capturing and archiving student information for a period of not less than three years.

16. Training schools offering online training courses will designate one individual as the network administrator for that school's network server. The network administrator will be the technical contact between the department and the training school. Upon termination of the services of the designated network administrator, a new administrator shall be designated and notification made to the department within 10 days after effective date of the change.

Part VIII
Additional Category and Replacement Certification

6VAC20-173-190. Additional category application.

A. Individuals may apply for multiple certification categories during the initial application process by completing the applicable requirements for each category.

B. Certified individuals seeking to add categories to a current certification must:

1. Successfully complete all initial requirements for each additional certification category requested pursuant to this chapter;

2. Submit a properly completed application provided by the department; and

3. Submit the applicable, nonrefundable application fee.

6VAC20-173-200. Replacement certification.

Certified individuals seeking a replacement state-issued certification card shall submit to the department:

1. A properly completed application provided by the department; and

2. The applicable, nonrefundable application fee.

Part IX
Reinstatement and Renewal Extension

6VAC20-173-210. Reinstatement.

A. Any training school, instructor, or detector canine handler examiner certification not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be certified with the department to provide private security services.

B. A renewal application must be received by the department within 60 days following the expiration date of the certification in order to be reinstated by the department providing all renewal requirements have been met. Prior to reinstatement the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid certification including during the reinstatement period.

C. No certification shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date of the license. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

E. When a certification is reinstated, the applicant shall continue to have the same DCJS number and shall be assigned an expiration date two years from the previous expiration date of the certification.

F. An applicant who reinstates shall be regarded as having been continuously certified without interruption. Therefore, the applicant shall remain under the disciplinary authority of the department during this entire period and may be held accountable for his activities during this period.

G. A person who fails to reinstate his certification shall be regarded as uncertified from the expiration date of the certification forward.

H. Nothing in this chapter shall divest the department of its authority to discipline a person for a violation of the law or regulations during the period of time for which the person was certified.

6VAC20-173-220. Renewal extension.

A. An extension of the time period to meet renewal requirements may be approved only under specific circumstances that do not allow private security personnel or training schools to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury;

3. Military or foreign service; or

4. Any emergency temporary assignment of private security personnel for purposes of natural disaster, homeland security, or documented threat by the private security services training school for which he is employed.

B. A request for extension shall:

1. Be submitted in writing, dated, and signed by the individual or principal of a certified entity prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department based on an evaluation of the justification for waiver;

2. Indicate the projected date the person or training school will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness, a copy of the government orders, or documentation of emergency temporary assignment.

C. Applications for additional extensions may be approved upon written request of the person or training school.

D. The total time for renewal extension, including additional extensions, shall not exceed 12 months beyond the original expiration date. If renewal requirements are not met during the period of extension, the individual must complete all initial training requirements to include applicable entry-level training.

E. The private security services person or training school shall be nonoperational during the period of extension unless otherwise (i) issued a temporary exemption and (ii) authorized by the department pursuant to § 9.1-139 of the Code of Virginia.

Part X
Sanctions; Exemptions; Recognition/Reciprocity

6VAC20-173-230. Denial, probation, suspension, and revocation.

A. The department may deny a certification in which any person or principal of an applying training school has been convicted in any jurisdiction of any felony or of a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The record of a conviction, authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted, shall be admissible as prima facie evidence of such conviction.

B. The department may deny a certification in which any person or principal of an applying training school (i) has not maintained good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field; (ii) has had his license, registration, or certification denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) has otherwise been disciplined in connection with a disciplinary action prior to applying for licensing, registration, or certification in Virginia.

C. Any false or misleading statement on any state application or supporting documentation is grounds for denial or revocation and may be subject to criminal prosecution.

D. The department may deny certification for other just cause.

E. A training school, instructor, or detector canine handler examiner shall be subject to disciplinary action for violations or noncompliance with the Code of Virginia or this chapter. Disciplinary action shall be in accordance with procedures prescribed by the Administrative Process Act. The disciplinary action may include but is not limited to a letter of censure, fine, probation, suspension, or revocation.

F. If a certified person is subject to disciplinary action for violations or noncompliance with the Code of Virginia or this chapter, the department will notify the last known certified private security services training school by which they were employed or affiliated.

6VAC20-173-240. Exemptions; recognition and reciprocity.

A. The department may grant a temporary exemption from the requirements for certification for a period of not more than 30 days in a situation deemed an emergency by the department.

B. The department may recognize administrative and application requirements for certification based on agreements that have been entered into with other states and approved by the board.

Part XI
Complaints; Department Actions and Sanctions; Adjudication

6VAC20-173-250. Complaint submittal requirements.

A. In accordance with § 9.1-141 of the Code of Virginia, this chapter establishes standards designed to secure the public safety and welfare against incompetent or unqualified persons engaging in private security services. It shall be the responsibility of the licensee, its compliance agents, and its employees to provide private security services in a professional and ethical manner utilizing sound business practices.

B. Any aggrieved or interested person may file a complaint against any individual, person, firm or licensed firm, or school or certified school whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing private security services or this chapter.

C. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, and providing sufficient detailed information for the department to conduct an investigation; or

3. By telephone, providing the complaint alleges activities that constitute a life-threatening situation or have resulted in personal injury or loss to the public or to a consumer or that may result in imminent harm or personal injury and that provide sufficient detailed information for the department to conduct an investigation.

6VAC20-173-260. Department investigation.

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this chapter.

B. Documentation.

1. Persons regulated or required to be regulated by this chapter pursuant to the Code of Virginia are required to provide department investigators with any and all records required to be maintained by this chapter.

a. This shall not be construed to authorize the department to demand records protected under applicable federal and state laws. If such records are necessary to complete an investigation, the department may seek a subpoena to satisfy the request.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this chapter.

2. The department shall endeavor to keep any documentation, evidence, or information on an investigation confidential until such time as adjudication has been completed, at which time information may be released upon request pursuant to applicable federal and state laws or regulations.

6VAC20-173-270. Disciplinary action, sanctions, publication of records.

A. Each person subject to jurisdiction of this chapter who violates any statute or regulation pertaining to private security services shall be subject to sanctions imposed by the department regardless of criminal prosecution.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation of or in noncompliance with the Code of Virginia or of this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of certification or approval granted for any period of time;

4. Revocation;

5. Refusal to issue, renew, or reinstate a certification or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted;

7. Remedial training; or

8. Conditional agreements.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this chapter but do not hold a valid certification. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director may summarily suspend a certification under this chapter without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations would constitute a life-threatening situation, has resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm, personal injury, or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all persons, firms, training schools, and school directors whose conduct and activities are subject to this chapter and have been sanctioned or denied certification or approval.

6VAC20-173-280. Fines; administrative and investigative costs.

A. The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation, or denial of any certification. Such costs shall be in addition to any monetary penalty that may be imposed.

B. All monetary penalties imposed as a sanction shall be deposited into the state treasury to the credit of the State Literary Fund.

6VAC20-173-290. Hearing process.

Following a preliminary investigative process, the department may initiate action to resolve the complaint through an informal fact-finding conference or formal hearing as established in this chapter. Pursuant to the authority conferred in § 9.1-141 C 6 of the Code of Virginia and in accordance with the procedures set forth by the Administrative Process Act and the procedures prescribed in this part, the department is empowered to receive, review, investigate, and adjudicate complaints concerning the conduct of any person whose activities are regulated by the board. The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.

6VAC20-173-300. Informal fact-finding conference.

The purpose of an informal fact-finding conference is to resolve allegations through informal consultation and negotiation. Informal fact-finding conferences shall be conducted in accordance with § 2.2-4019 of the Code of Virginia. The respondent, the person against whom the complaint is filed, may appeal the decision of an informal fact-finding conference and request a formal hearing, provided that written notification is given to the department within 30 days of the date the informal fact-finding decision notice was served, or the date it was mailed to the respondent, whichever occurred first. In the event the informal fact-finding decision was served by mail, three days shall be added to that period.

6VAC20-173-310. Formal hearing.

A. Formal hearing proceedings may be initiated in any case in which the basic laws provide expressly for a case decision, or in any case to the extent the informal fact-finding conference has not been conducted or an appeal thereto has been timely received. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia. The findings and decision of the director resulting from a formal hearing may be appealed to the board.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine or to suspend, revoke, or deny issuance or renewal of any certification or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such certification or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

6VAC20-173-320. Appeals.

The findings and the decision of the director may be appealed to the board provided that written notification is given to the attention of the Director, Department of Criminal Justice Services, within 30 days following the date notification of the hearing decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

6VAC20-173-330. Court review; appeal of final order.

A. The agency's final administrative decision (final agency order) may be appealed. Any person affected by and claiming the unlawfulness of the agency's final case decision shall have the right to direct review thereof by an appropriate and timely court action. Such appeal actions shall be initiated in the circuit court of jurisdiction in which the party applying for review resides; however, if such party is not a resident of Virginia, the venue shall be in the City of Richmond, Virginia.

B. Notification shall be given to the attention of the Director, Department of Criminal Justice Services, in writing within 30 days of the date notification of the board decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect, unless the court issues a stay of the order.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (6VAC20-173)

Instructor

Private Security Services - Firearms Instructor In-Service Training Enrollment (eff. 10/12)

Private Security Services - General Instructor Entry Level Training Enrollment (eff. 10/12)

Private Security Services - General Instructor In-Service Training Enrollment (eff. 10/12)

Private Security Services - Initial Instructor Application (eff. 10/12)

Private Security Services - Renewal Instructor Application (eff. 10/12)

Training School

Private Security Services - Initial Training School Application (eff. 2/13)

Private Security Services - Training Completion Form (eff. 10/12)

Private Security Services - Training Session Notification Form (eff. 10/12)

Private Security Services - Renewal Training School Application (eff. 10/12)

Private Security Services - Training School Compliance Inspection Form (eff. 10/12)

Private Security Services - Training Completion Roster Application (eff. 10/12)

Private Security Services - Subject Matter Specialist and Guest Lecturers Form (eff. 10/12)

Private Security Services - Bond (eff. 10/12)

Private Security Services - Irrevocable Consent for Service Form (eff. 10/12)

Private Security Services - Address Change Form for Schools (eff. 10/12)

Private Security Services - School Director Designation and Acceptance Form (eff. 10/12)

Private Security Services - School Staff Change Form (eff. 10/12)

Private Security Services - Training School Add Category Form (eff. 10/12)

Fingerprint Processing

DCJS Fingerprint Cards Order Form (undated)

Fingerprint Processing Application (eff. 10/12)

Criminal History Supplemental Form (eff. 10/12)

Fingerprint Application Instructions (eff. 10/12)

Acceptable Documents for Verifying Legal Presence/Name Change (eff. 10/12)

Miscellaneous

Complaint Form (eff. 10/12)

Firearms Discharge Report (eff. 10/12)

Partial Training Exemption Application - Entry Level (eff. 10/12)

Partial Training Exemption Application - In-Service (eff. 10/12)

Request for Extension Form (eff. 10/12)

Individual Address Change Form (eff. 10/12)

Credit Card Authorization Form (eff. 10/12)

CHAPTER 174
REGULATIONS RELATING TO PRIVATE SECURITY SERVICES REGISTERED PERSONNEL

Part I
Definitions

6VAC20-174-10. Definitions.

In addition to the words and terms defined in § 9.1-138 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Business advertising material" means display advertisements in telephone directories, on letterhead, on business cards, in local newspaper advertising, and in contracts.

"Certified training school" means a training school that is certified by the department for the specific purpose of training private security services business personnel in at least one category of the compulsory minimum training standards as set forth by the board.

"Class" means a block of instruction no less than 50 minutes in length on a particular subject.

"Classroom training" means instruction conducted in person by an instructor to students in an organized manner utilizing a lesson plan.

"Date of hire" means the date any employee of a private security services business or training school performs services regulated or required to be regulated by the department.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Electronic images" means an acceptable method of maintaining required documentation through the scanning, storage, and maintenance of verifiable electronic copies of original documentation.

"Employee" means a natural person employed by a licensee to perform private security services that are regulated by the department.

"End user" means any person who purchases or leases electronic security equipment for use in that person's home or business.

"Entry-level training" means the compulsory initial training for regulated categories and basic or intermediate firearms training standards adopted by the board for private security services business personnel who are either new registrants or failed to timely complete in-service training or firearms retraining within the prescribed time period.

"Firearms endorsement" means a method of regulation that identifies an individual registered as a private security registrant and has successfully completed the annual firearms training and has met the requirements as set forth in this chapter.

"In-service training requirement" means the compulsory in-service training standards adopted by the Criminal Justice Services Board for private security services business personnel.

"Intermediate weapon" means a tool not fundamentally designed to cause deadly force with conventional use. This would exclude all metal ammunition firearms or edged weapons. These weapons include but are not limited to baton/collapsible baton, chemical irritants, electronic restraining devices, projectiles, and other less lethal weapons as defined by the department.

"Job-related training" means training specifically related to the daily job functions of a given category of registration or certification as defined in this chapter.

"Official documentation" means personnel records; Certificate of Release or Discharge from Active Duty (DD214); copies of business licenses indicating ownership; law-enforcement transcripts; certificates of training completion; a signed letter provided directly by a current or previous employer detailing dates of employment and job duties; college transcripts; letters of commendation; private security services registrations, certifications, or licenses from other states; and other employment, training, or experience verification documents. A resume is not considered official documentation.

"On duty" means the time during which private security services business personnel receive or are entitled to receive compensation for employment for which a registration or certification is required.

"Online training" means training approved by the department and offered via the Internet or an Intranet for the purpose of remote access on-demand or distance training that meets all requirements for compulsory minimum training standards.

"Performance of his duties" means on duty in the context of this chapter.

"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.

"Private security services business personnel" means each employee of a private security services business who is employed as an unarmed security officer, armed security officer/courier, armored car personnel, security canine handler, detector canine handler, private investigator, personal protection specialist, alarm respondent, locksmith, central station dispatcher, electronic security employee, electronic security sales representative, electronic security technician, or electronic security technician's assistant.

"Reciprocity" means the relation existing between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Recognition" means the relation of accepting various application requirements between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Related field" means any field with training requirements, job duties, and experience similar to those of the private security services field in which the applicant wishes to be licensed, certified, or registered. This term includes law enforcement and certain categories of the military.

"Session" means a group of classes comprising the total hours of mandated compulsory minimum training standards in any of the categories of licensure, registration, or certification in accordance with this part and in accordance with §§ 9.1-150.2, 9.1-185.2 and 9.1-186.2 of the Code of Virginia.

"This chapter" means the Regulations Relating to Private Security Services Registered Personnel (6VAC20-174).

"Training certification" means verification of the successful completion of any training requirement established in this chapter.

"Training requirement" means any entry-level, in-service, or firearms training or retraining standard established in this chapter.

"Training school director" means a natural person designated by a principal of a certified private security services training school to assure the compliance of the private security services training school with all applicable requirements as provided in the Code of Virginia and this chapter.

"Uniform" means any clothing with a badge, patch, or lettering that clearly identifies persons to any observer as private security services business personnel, not law-enforcement officers.

Part II
Application Fees

6VAC20-174-20. Fees.

A. Schedule of fees. The fees listed below reflect the costs of handling, issuance, and production associated with administering and processing applications for registration and other administrative requests for services relating to private security services.

CATEGORIES

FEES

Fingerprint processing application

$50

Initial registration

$25

Registration renewal

$20

Additional registration category form

$20

Replacement registration card

$20

Firearm endorsement

$10

Entry-level training exemption

$25

In-service training alternative credit evaluation

$25

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for registration renewal applications not received on or before the expiration date of the expiring registration.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the registration or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the registration or authority it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the person or registrant may request that the suspended registration or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

D. Manual processing service fee. The department shall collect a $5.00 service fee for any applications under this chapter that are submitted to the department by other means than the available electronic methods established by the department.

Part III
Criminal History Records Search

6VAC20-174-30. Fingerprint processing.

A. On or before the first date of hire, each person applying for a private security registration shall submit to the department:

1. One completed fingerprint card provided by the department or another electronic method approved by the department;

2. A fingerprint processing application;

3. The applicable, nonrefundable fee; and

4. All criminal history conviction information on a form provided by the department.

B. The department shall submit those fingerprints to the Virginia State Police for the purpose of conducting a Virginia Criminal History Records search and a National Criminal Records search to determine whether the individual or individuals have a record of conviction.

C. Fingerprint cards found to be unclassifiable will suspend all action on the application pending the resubmission of a classifiable fingerprint card. The applicant shall be so notified in writing and must submit a new fingerprint card within 30 days of notification before the processing of his application shall resume. If a fingerprint card is not submitted within the 30 days, the initial fingerprint application process will be required to include applicable application fees.

D. If the applicant is denied by DCJS, the department will notify the applicant by letter regarding the reasons for the denial. The compliance agent will also be notified in writing by DCJS that the applicant has been denied.

E. Fingerprint applications will be active for 120 days from the date of submittal. Applications for registrations must be submitted within that 120-day period or initial fingerprint submittal will be required.

Part IV
Application Procedures and Requirements

6VAC20-174-40. Initial registration application.

A. Individuals required to be registered, pursuant to § 9.1-139 C of the Code of Virginia, in the categories of armored car personnel, courier, unarmed security officer, armed security officer, security canine handler, explosives detector canine handler, narcotics detector canine handler, private investigator, personal protection specialist, alarm respondent, locksmith, central station dispatcher, electronic security sales representative, electronic security technician, or electronic security technician's assistant shall meet all registration requirements in this section. Prior to the issuance of a registration, the applicant shall meet or exceed the requirements of registration and application submittal to the department as set forth in this section. Individuals who carry or have access to a firearm while on duty must have a valid registration with a firearm endorsement pursuant to this chapter. If carrying a handgun concealed, the individual must also have (i) a valid concealed handgun permit pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia and (ii) the written permission of his employer.

B. Each person applying for registration shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Successfully complete all initial training requirements for each registration category requested, including firearms endorsement if applicable, pursuant to the compulsory minimum training standards as set forth in this chapter; and

3. Be a United States citizen or legal resident alien of the United States.

C. Each person applying for registration shall file with the department:

1. A properly completed application provided by the department;

2. On the application, his mailing address;

3. Fingerprint card; and

4. The applicable, nonrefundable application fee.

D. Each person seeking or required to seek registration as an unarmed security officer, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, or an electronic security technician's assistant may be employed for a period not to exceed 90 consecutive days in any categories listed in this subsection while completing the compulsory minimum training standards, provided:

1. Fingerprints have been submitted;

2. The individual is not employed in excess of 120 days without having been issued a registration from the department; and

3. The individual did not fail to timely complete the required training with a previous employer.

E. Upon completion of the initial registration application requirements, the department may issue an initial registration for a period not to exceed 24 months.

F. The department may issue a letter of temporary registration valid for not more than 120 days while awaiting the results of the state and national fingerprint search, provided the applicant has met the necessary conditions and requirements.

G. Each registration shall be issued to the individual named on the application and shall be valid only for use by that individual. No registration shall be assigned or otherwise transferred to another individual.

H. Each registrant shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-174-50. Renewal registration application.

A. Applications for registration renewal shall meet all renewal requirements and should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address or email address provided by the registrant. However, if a renewal notification is not received by the individual, it is the responsibility of the individual to ensure renewal requirements are filed with the department. Registration renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for registration renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully complete the in-service training, and firearms retraining if applicable, pursuant to the compulsory minimum training standards set forth by this chapter; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a registration when the following are received by the department:

1. A properly completed renewal application provided by the department;

2. For individuals applying for renewal with the category of armored car personnel, a fingerprint card;

3. The applicable, nonrefundable registration renewal fee; and

4. For individuals with firearms endorsements, evidence of completion of annual firearms retraining in accordance with this chapter.

D. Upon completion of the renewal registration application requirements, the department may issue a registration for a period not to exceed 24 months.

E. Any renewal application received by the department shall meet all renewal requirements prior to the expiration date of a registration or shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

6VAC20-174-60. Firearms endorsement.

A. A firearms endorsement is required for all private security services business personnel who carry or have access to a firearm while on duty. Each person who carries or has access to firearms while on duty shall qualify with each type of action and caliber of firearm to which he has access.

B. Each person applying for a firearms endorsement shall meet the minimum requirements for eligibility as follows:

1. Must be registered in a regulated category.

2. Must complete entry-level handgun training and, if applicable, shotgun and patrol rifle training as described in this chapter.

C. All armed private security services business personnel with the exception of personal protection specialist must satisfactorily complete applicable firearms retraining.

D. All armed personal protection specialists must satisfactorily complete advanced handgun retraining and firearms retraining for shotgun and patrol rifle if applicable.

E. Firearms endorsements are issued for a period not to exceed 12 months. Individuals must complete firearms retraining within the 90 days prior to the expiration of their current firearm endorsement or will be required to complete entry-level training requirements prior to applying for an active endorsement.

6VAC20-174-70. Additional registration category application.

A. Individuals may apply for multiple registration categories during the initial application process by completing the applicable training requirements for each category.

B. Registrants seeking to add categories to a current registration must:

1. Successfully complete all initial training requirements for each additional registration category requested pursuant to the compulsory minimum training standards of this chapter;

2. Submit a properly completed application provided by the department; and

3. Submit the applicable, nonrefundable application fee.

C. Individuals may avoid paying a separate fee for additional registration categories when the categories are requested on the application for renewal.

6VAC20-174-80. Replacement registration.

Registrants seeking a replacement state-issued registration card shall submit to the department:

1. A properly completed application provided by the department; and

2. The applicable, nonrefundable application fee.

6VAC20-174-90. Reinstatement.

A. Any registration not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be registered with the department to provide private security services.

B. A renewal application must be received by the department within 60 days following the expiration date of the registration in order to be reinstated by the department providing all renewal requirements have been met. Prior to reinstatement the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid registration including during reinstatement period.

C. No registration shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

E. When a registration is reinstated, the applicant shall continue to have the same DCJS number and shall be assigned an expiration date two years from the previous expiration date of the registration.

F. An applicant who reinstates shall be regarded as having been continuously registered without interruption. Therefore, the applicant shall remain under the disciplinary authority of the department during this entire period and may be held accountable for his activities during this period.

G. A person who fails to reinstate his registration shall be regarded as unregistered from the expiration date of the registration forward.

H. Nothing in this chapter shall divest the department of its authority to discipline a person for a violation of the laws or regulations during the period of time for which the person was registered.

I. Firearms endorsements are not eligible for reinstatement. If renewal requirements are not met pursuant to this chapter, the applicant shall meet all initial application requirements, including applicable initial firearms training requirements.

6VAC20-174-100. Renewal extension.

A. An extension of the time period to meet renewal requirements may be approved only under specific circumstances that do not allow private security personnel to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury;

3. Military or foreign service; or

4. Any emergency temporary assignment of private security personnel for purposes of natural disaster, homeland security, or documented threat by the private security services business or training school for which he is employed.

B. A request for extension shall:

1. Be submitted in writing, dated, and signed by the individual prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department based on an evaluation of the justification for waiver;

2. Indicate the projected date the person will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness, a copy of the government orders, or documentation of emergency temporary assignment.

C. Applications for additional extensions may be approved upon written request of the person.

D. The total time for renewal extension, including additional extensions, shall not exceed 12 months beyond the original expiration date. If renewal requirements are not met during the period of extension, the individual must complete all initial training requirements to include applicable entry-level training.

E. The private security services person shall be nonoperational during the period of extension unless (i) otherwise issued a temporary exemption and (ii) authorized by the department pursuant to § 9.1-139 of the Code of Virginia.

Part V
Application Sanctions; Exemptions; Recognition and Reciprocity

6VAC20-174-110. Denial, probation, suspension, and revocation.

A. The department may deny a registration in which any person has been convicted in any jurisdiction of any felony or of a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The record of a conviction, authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted, shall be admissible as prima facie evidence of such conviction.

B. The department may deny registration in which any person (i) has not maintained good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field; (ii) has had his license, registration, or certification denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) has otherwise been disciplined in connection with a disciplinary action prior to applying for registration in Virginia.

C. Any false or misleading statement on any state application or supporting documentation is grounds for denial or revocation and may be subject to criminal prosecution.

D. The department may deny registration for other just cause.

E. A registrant shall be subject to disciplinary action for violations of or noncompliance with the Code of Virginia or this chapter. Disciplinary action shall be in accordance with procedures prescribed by the Administrative Process Act. The disciplinary action may include but is not limited to a letter of censure, fine, probation, suspension, or revocation.

F. If a registrant is subject to disciplinary action for violations of or noncompliance with the Code of Virginia or this chapter, the department will notify the last known licensed or certified private security services business or training school by which they were employed or affiliated.

6VAC20-174-120. Exemptions; recognition and reciprocity.

A. The department may grant a temporary exemption from the requirements for registration for a period of not more than 30 days in a situation deemed an emergency by the department.

B. The department may recognize administrative and application requirements for registration based on agreements that have been entered into with other states and approved by the board.

Part VI
Administrative Requirements and Standards of Conduct

6VAC20-174-130. General requirements.

All private security services registered personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

6VAC20-174-140. Administrative requirements.

A registrant shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Maintain at all times with the department his mailing address, email address, and phone number, if applicable. Written notification of any change in mailing address, email address, or phone number shall be in writing and received by the department no later than 10 days after the effective date of the change.

3. Inform the department, and the business for which the individual is employed if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

4. Inform the department, and the business for which the individual is employed if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

5. Inform the department, and the compliance agent of the licensee if employed by a private security services business, of any incident in which any registrant has discharged a firearm while on duty, excluding any training exercise. This report shall be made within 24 hours of the incident.

6VAC20-174-150. Standards of conduct.

A registrant shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia or this chapter.

3. Not commit any act or omission that results in a private security license, registration, or certification being suspended, revoked, or not renewed or the licensee, registrant, or certificate holder otherwise being disciplined in any jurisdiction.

4. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

5. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

6. Not solicit or contract to provide any private security services without first having obtained a private security services business license with the department.

7. Carry a valid registration card or valid temporary registration letter at all times while on duty. Individuals requiring registration as an unarmed security officer, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, or an electronic security technician may be employed for not more than 90 consecutive days in any category listed in this subdivision while completing the compulsory minimum training standards and may not be employed in excess of 120 days without having been issued a registration or an exception from the department and must carry a photo identification and authorization from their employer on a form provided by the department at all times while on duty.

8. Carry the private security state-issued registration card at all times while on duty once the authorization has been approved from the department, except those individuals operating outside the Commonwealth of Virginia who shall obtain the state-issued registration card prior to providing services when physically located in the Commonwealth.

9. Perform those duties authorized by his registration only while employed by a licensed private security services business and only for the clients of the licensee. This shall not be construed to prohibit an individual who is registered as an armed security officer from being employed by a nonlicensee as provided for in § 9.1-140 of the Code of Virginia.

10. Possess a valid firearms training endorsement if he carries or has access to firearms while on duty and then only those firearms by type of action and caliber to which he has been trained on and is qualified to carry. Carry or have access to a patrol rifle while on duty only with the expressed written authorization of the licensed private security services business employing the registrant.

11. Carry a firearm concealed while on duty only with the expressed written authorization of the licensed private security services business employing the registrant and only in compliance with Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia.

12. Transport, carry, and utilize firearms while on duty only in a manner that does not endanger the public health, safety, and welfare.

13. If authorized to make arrests, make arrests in full compliance with the law and using only the minimum force necessary to effect an arrest.

14. Engage in no conduct that shall mislead or misrepresent through word, deed, or appearance that a registrant is a law-enforcement officer or other government official.

15. Display one's registration or temporary registration along with a photo identification while on duty in response to the request of a law-enforcement officer, department personnel, or client. Individuals providing private security services as authorized pursuant to subdivision 7 of this section who have not received their registration must display a state-issued photo identification and authorization while on duty in response to the request of a law-enforcement officer, department personnel, or a client.

16. Not perform any unlawful or negligent act resulting in a loss, injury, or death to any person.

17. If a uniform is required, wear the uniform required by his employer. If wearing a uniform while employed as an armed security officer, unarmed security officer, alarm respondent, or armored car personnel, that uniform must:

a. Include at least one insignia clearly identifying the name of the licensed firm employing the individual and, except armored car personnel, a nameplate or tape bearing, at a minimum, the individual's last name attached on the outermost garment, except rainwear worn only to protect from inclement weather; and

b. Include no patch or other writing (i) containing the word "police" or any other word suggesting a law-enforcement officer; (ii) containing the word "officer" unless used in conjunction with the word "security"; or (iii) resembling any uniform patch or insignia of any duly constituted law-enforcement agency of this Commonwealth, its political subdivisions, or the federal government.

18. When providing central station monitoring services, attempt to verify the legitimacy of a burglar alarm activation by calling the site of the alarm. If unable to make contact, call one additional number provided by the alarm user who has the authority to cancel the dispatch. This shall not apply if the alarm user has provided written authorization requesting immediate dispatch or one-call dispatch to both his local police department and his dealer of record. This shall not apply to duress or hold-up alarms.

19. Act only in such a manner that does not endanger the public health, safety, and welfare.

20. Not represent as one's own a registration issued to another individual.

21. Not falsify, or aid and abet others in falsifying, training records for the purpose of obtaining a license, registration, certification, or certification as a compliance agent, training school, school director, or instructor.

22. Not provide information obtained by the registrant or his employing firm to any person other than the client who secured the services of the licensee without the client's prior written consent. Provision of information in response to official requests from law-enforcement agencies, the courts, or the department shall not constitute a violation of this chapter. Provision of information to law-enforcement agencies pertinent to criminal activity or to planned criminal activity shall not constitute a violation of this chapter.

23. Not engage in acts of unprofessional conduct in the practice of private security services.

24. Not engage in acts of negligent or incompetent private security services.

25. Not make any misrepresentation or make a false promise to a private security services business client or potential private security services business client.

26. Satisfy all judgments to include binding arbitrations related to private security services not provided.

27. Not provide false or misleading information to representatives of the department.

28. Not provide materially incorrect, misleading, incomplete, or untrue information on a registration application, renewal application, or any other document filed with the department.

Part VII
Training Requirements and Exemptions

6VAC20-174-160. Entry-level training.

A. Each person employed by a private security services business or applying to the department for registration as an unarmed security officer, an armed security officer/courier, a personal protection specialist, armored car personnel, a security canine handler, an explosives detector canine handler, a narcotics detector canine handler, a private investigator, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, or an electronic security technician, or electronic security technician's assistant as defined by § 9.1-138 of the Code of Virginia must meet the compulsory minimum training standards herein established, unless provided for otherwise in accordance with this chapter.

B. Training will be credited only if application for registration is received by the department within 12 months of completion of training.

6VAC20-174-170. In-service training.

Each person registered with the department as an armed security officer/courier, a personal protection specialist, armored car personnel, a security canine handler, a narcotics detector canine handler, an explosives detector canine handler, a private investigator, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, an unarmed security officer, or an electronic security technician's assistant shall complete the compulsory in-service training standard once during each 24-month period of registration.

6VAC20-174-180. Training exemptions.

Persons who meet the statutory requirements as set forth in § 9.1-141 of the Code of Virginia may apply for a partial exemption from the compulsory training standards. Individuals requesting such partial exemption shall file an application furnished by the department and include the applicable, nonrefundable application fee. The department may issue such partial exemption on the basis of individual qualifications as supported by required documentation. Those applying for and receiving exemptions must comply with all regulations promulgated by the board. Each person receiving a partial exemption for entry-level training must apply to the department for registration within 12 months from the date of issuance, otherwise the partial exemption shall become null and void.

6VAC20-174-190. Entry-level training exemption.

A. Persons previously employed as law-enforcement officers who have not terminated or been terminated from said employment more than five years prior to the application date must submit official documentation of the following with the application for exemption:

1. Completion of law-enforcement entry-level training; and

2. Five continuous years of law-enforcement employment provided such employment as a law-enforcement officer was not terminated due to misconduct or incompetence.

B. Persons having previous training or employment in any of the classifications defined in § 9.1-138 of the Code of Virginia must submit official documentation of the following with the application for exemption:

1. Completion of previous private security training that has been approved by the department and that meets or exceeds the compulsory minimum training standards promulgated by the board; or

2. Five years continuous employment in the category for which exemption is sought, provided such employment was not terminated due to misconduct or incompetence and such employment ended within five years of the date of application.

6VAC20-174-200. In-service training exemption.

Persons who have completed training that meets or exceeds the compulsory minimum training standards promulgated by the board for the in-service training required for the individual's particular category may be authorized credit for such training, provided the training has been completed within 24 months of the expiration date of the registration period during which in-service training is required. Such training must be provided by a third party organization category. Official documentation of the following must accompany the application for in-service training credit:

1. Information regarding the sponsoring organization, including documentation regarding the instructor for each session;

2. An outline of the training session material, including the dates, times, and specific subject matter; and

3. Proof of attendance and successful completion.

Part VIII
Compulsory Minimum Training Standards

6VAC20-174-210. Alarm respondent - compulsory minimum training requirements:

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Alarm respondent - 18 hours

01E: Security Officer Core Subjects - 18 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course, excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Security officer core subjects (01E) - 18 hours (excluding examination)

The entry-level curriculum for alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training

6VAC20-174-220. Armed security officer/courier - compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Armed security officer/courier - 50 hours (53 hours including shotgun training)

a. 01E: Security Officer Core Subjects - 18 hours

b. 05E: Armed Security Officer Arrest Authority - 8 hours

c. 075E: Security Officer Handgun - 24 hours

d. 08E: Entry-level Shotgun - 3 hours (if applicable - to also have access to a shotgun while on duty, the additional shotgun course is required)

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Security officer core subjects (01E) - 18 hours (excluding examination)

The entry-level curriculum for alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

2. Armed Security Officer Arrest Authority (05E) - 8 hours (excluding examination)

a. Arrest powers, policies, and procedures

b. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training (not including range retraining)

6VAC20-174-230. Armored car personnel – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Armored car personnel - 28 hours (31 hours with shotgun)

a. 03E: Armored Car Procedures - 12 hours

b. 07E: Entry-level Handgun - 16 hours

c. 08E: Entry-level Shotgun - 3 hours (if applicable - to also have access to a shotgun while on duty, the additional shotgun course is required)

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Armored Car Procedures (03E) - 12 hours (excluding examination)

a. Administration and armored car orientation

b. Signs of terrorism

c. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

d. Armored car procedures

e. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(03I) Armored Car Personnel In-Service - 4 hours job-related training (not including range retraining)

6VAC20-174-240. Central station dispatcher – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Central station dispatcher - 8 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 38E: Central Station Dispatcher - 4 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Central station dispatcher (38E) - 4 hours (excluding examination)

a. Central station dispatcher subjects

(1) Duties and responsibilities

(2) Communications skills

(3) Emergency procedures

b. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises and range qualification, shall be as follows:

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

6VAC20-174-250. Detector canine handler – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Detector Canine Handler - 160 hours (excluding certification examination)

a. 04ED: Detector Canine Handler - 160 hours

b. Certification exam by a certified detector canine handler examiner

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Detector canine handler (04ED) - 160 hours to include practical exercises (excluding certification exam)

a. Introduction/orientation/administration

(1) Code of ethics

(2) General duties and responsibilities

(3) Legal

(4) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(5) Signs of terrorism

b. Working canines

(1) Historical perspective

(2) Terms and definitions

(3) Methodology and application

(4) Training documentation

(5) Search patterns

c. Basic canine handling (including practical exercises)

(1) Training

(2) Care and health

(3) Emergency medical care

d. Detector canine deployment

Canine behavior: reading and understanding

e. Explosive or narcotics familiarization (including practical exercises)

(1) Illegal narcotics familiarization

(2) Explosives substance and I.E.D. familiarization

(3) Safety

f. Written comprehensive exam

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(04ID) Detector Canine Handler In-Service - 8 hours (excluding certification exam)

a. Detector canine team retraining and problem solving

b. Search techniques

c. Terrorist/criminal intelligence updates and team safety

d. Certification exam (conducted by a certified detector canine handler examiner)

6VAC20-174-260. Electronic security technician – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Electronic security technician - 14 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 35E: Electronic Security Technician - 10 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Electronic security technician (35E) - 4 hours (excluding examination)

a. Electronic security technician subjects - 10 hours

(1) Duties and responsibilities

(2) Electronics

(3) Control panels

(4) Protection devices and application

(5) Test equipment

(6) Power and grounding

(7) National electrical code

(8) Job safety

b. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

6VAC20-174-270. Electronic security technician assistant – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Electronic security technician's assistant - 4 hours

30E: Electronic Security Core Subjects - 4 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

6VAC20-174-280. Electronic security sales representative – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Electronic security sales representative - 8 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 39E: Electronic Security Sales - 4 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course, excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Electronic security sales representative (39E) - 4 hours (excluding examination)

a. Electronic security sales representative subjects

(1) Duties and responsibilities

(2) System design and components

(3) False alarm prevention

b. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

6VAC20-174-290. Locksmith – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Locksmith - 18 hours

25E: Locksmith - 18 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Locksmith (25E) –18 hours (excluding examination)

a. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

b. Signs of terrorism

c. Orientation to locksmithing

(1) History of locksmithing

(2) Ethics

(3) Trade resources

(4) Terminology

(5) Professional conduct

(6) Job safety

d. Public safety codes

(1) National Fire Protection Association Codes 80 and 101

(2) Overview of authorities having jurisdiction (AHJs)

(3) Americans with Disabilities Act of 1990, as amended

(4) Terminology

(5) Safety code resources

e. Technical applications

(1) Terminology (to include definition, purpose, and function)

(2) Locks/types

(3) Handing

(4) Master keying

(5) Key records and codes

(6) Key blanks and keyways

(7) Physical security

(8) Types of client sites

(9) Safes and vaults

(10) Access control

(11) Handling restricted keys

(12) Door system components

(13) Automotive

f. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(25I) Locksmith In-Service - 4 hours job-related training

6VAC20-174-300. Personal protection specialist – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Personal protection specialist - 60 hours

a. 32E: Personal Protection Specialist - 60 hours

b. 07E: Entry-level Handgun - 16 hours (prerequisite for 09E Advanced Handgun)

c. 09E: Advanced Handgun - 14 hours (for armed personal protection specialists)

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Personal protection specialist (32E) - 60 hours (excluding written examination and practical exercises)

a. Administration and personal protection orientation

b. Signs of terrorism

c. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

d. Assessment of threat and protectee vulnerability

e. Legal authority and civil law

f. Protective detail operations

g. Emergency procedures

(1) CPR

(2) Emergency first aid

(3) Defensive preparedness

h. Performance evaluation - five practical exercises

i. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(32I) Personal Protection Specialist In-Service - 8 hours job-related training (not including range retraining for armed)

6VAC20-174-310. Private investigator – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Private investigator - 60 hours

02E: Private Investigator Subjects - 60 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Private investigator (02E) - 60 hours (excluding examination and practical exercises)

a. Orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Standards of professional conduct

(4) Ethics

(5) Signs of terrorism

b. Law - one practical exercise

(1) Basic law

(2) Legal procedures and due process

(3) Criminal and civil law

(4) Evidence

(5) Legal privacy requirements

c. General investigative skills - one practical exercise

(1) Tools and techniques

(2) Surveillance

(3) Research

(4) Interviewing

d. Documentation - one practical exercise

(1) Report preparations

(2) Photography

(3) Audio recording

(4) General communication

(5) Courtroom testimony

e. Types of investigations - one practical exercise

(1) Accident

(2) Insurance

(3) Background

(4) Domestic

(5) Undercover

(6) Fraud and financial

(7) Missing persons and property

(8) Criminal

f. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises and range qualification shall be as follows:

(02I) Private Investigator In-Service - 8 hours job-related training

6VAC20-174-320. Security canine handler – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Security canine handler - 30 hours (excluding basic obedience training)

a. 01E: Security Officer Core Subjects - 18 hours (prerequisite for 04ES)

b. Prerequisite for 04ES - Basic Obedience Training

c. 04ES: Security Canine Handler - 12 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Security officer core subjects (01E) - 18 hours (excluding examination)

The entry level curriculum for unarmed security officer, armed security officer/courier, security canine handler, and alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

2. Security canine handler (04ES) - 12 hours (excluding examination and basic obedience training)

a. Prerequisites for security canine handler entry level (official documentation required): successful completion of basic obedience training

b. Demonstration of proficiency. The student must demonstrate his proficiency in the handling of a security canine to satisfy the minimum standards

c. Evaluation by a certified private security canine handler instructor and basic obedience retraining

d. Security canine handler orientation; legal authority

e. Canine patrol techniques

f. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(04IS) Security Canine Handler In-Service - 8 hours

a. Basic obedience evaluation and retraining

b. Canine grooming, feeding, and health care

c. Apprehension techniques

d. Obedience

6VAC20-174-330. Unarmed security officer – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations and practical exercises shall be:

Unarmed security officer - 18 hours

01E: Security Officer Core Subjects - 18 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course, excluding examinations and mandated practical exercises shall be as provided in this subsection.

Security officer core subjects (01E) - 18 hours (excluding examination)

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of Terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations and practical exercises shall be as follows:

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training

Part IX
Firearms Training Requirements and Exemptions

6VAC20-174-340. General firearms training requirements.

A. Firearms training endorsement is required for all private security services business personnel who carry or have immediate access to a firearm while on duty. Each person who carries or has immediate access to a firearm while on duty shall qualify with each type of action and caliber of firearm to which he has access.

B. Each person registered as armored car personnel, security canine handler, detector canine handler, private investigator, alarm respondent, locksmith, central station dispatcher, electronic security sales representative, electronic security technician, or electronic security technician's assistant must complete entry-level handgun training in order to apply for a firearms training endorsement.

C. Each person applying for a registration as an armed security officer/courier must complete security officer handgun training in order to apply for a firearms training endorsement.

D. Each person registered as a personal protection specialist must complete entry-level or armed security officer handgun training and advanced handgun training in order to apply for a firearms training endorsement.

6VAC20-174-350. Prior firearms training exemption.

Persons having previous department-approved firearms training may be authorized credit for such training that meets or exceeds the compulsory minimum training standards for private security services business personnel, provided such training has been completed within the 12 months preceding the date of application. Official documentation of the following must accompany the application for partial training credit:

1. Completion of department-approved firearms training; and

2. Qualification at a Virginia criminal justice agency, academy, or correctional department.

6VAC20-174-360. Entry-level handgun training.

Handgun classroom training.

1. The entry-level handgun classroom training will include but not be limited to the following:

a. Practical handgun handling

(1) Identification of handgun parts

(2) Draw

(3) Reholstering

(4) Ready position

(5) Loading

(6) Administrative loading

(7) Tactical reloading

(8) Rapid reloading

(9) Unloading

(10) Malfunctions

(11) Immediate actions procedures

(12) Remedial action

(13) Proper care and maintenance

(14) Firearms retention

(15) Ammunition identification and management

(16) Range safety

b. Fundamentals of marksmanship

(1) Grip

(2) Stance (position)

(3) Sight alignment

(4) Sight picture

(5) Trigger control

(6) Breathing

(7) Follow through

c. Dim light/low light/reduced light practice and familiarization

(1) Identification of target/threat/background

(2) Unaided training

(3) Aided training

(4) Flashlight use

(5) Reloading during low light conditions

(6) Malfunctions

(7) Range safety

d. Use of force

(1) Deadly force

(2) Justifiable deadly force

e. Liability

(1) Criminal liability

(2) Civil liability

(3) Negligent discharge prevention

f. Judgmental shooting: judgmental shooting scenarios will be conducted in the classroom or range

g. Lead exposure

Total hours (excluding written examination) - 16 hours

2. Written examination required.

6VAC20-174-370. Security officer handgun training.

Handgun classroom training.

1. The security officer handgun classroom training will include but not be limited to the following:

a. Practical handgun handling

(1) Identification of handgun parts

(2) Draw

(3) Reholstering

(4) Ready position

(5) Loading

(6) Administrative loading

(7) Tactical reloading

(8) Rapid reloading

(9) Unloading

(10) Malfunctions

(11) Immediate actions procedures

(12) Remedial action

(13) Proper care and maintenance

(14) Firearms retention

(15) Ammunition identification and management

(16) Range safety

(17) Tactical considerations

(18) Movement

(19) Cover and concealment

b. Fundamentals of marksmanship

(1) Grip

(2) Stance (position)

(3) Sight alignment

(4) Sight picture

(5) Trigger control

(6) Breathing

(7) Follow through

c. Dim light/low light/reduced light practice and familiarization

(1) Identification of target/threat/background

(2) Unaided training

(3) Aided training

(4) Flashlight use

(5) Reloading during low light conditions

(6) Malfunctions

(7) Range safety

(8) Tactical considerations

(9) Movement

(10) Cover and concealment

(11) Multiple target drills

d. Use of force

(1) Deadly force

(2) Justifiable deadly force

e. Liability

(1) Criminal liability

(2) Civil liability

(3) Negligent discharge prevention

f. Judgmental shooting: judgmental shooting scenarios will be conducted in the classroom or range

(1) Shoot/don't shoot judgment

(2) Turn and fire drills

(3) Failure to stop drills

(4) Multiple target drills

g. Lead exposure

Total hours (excluding written examination) - 24 hours

2. Written examination required.

6VAC20-174-380. Entry-level and security officer handgun range qualification.

A. Range qualification (no minimum hours). The purpose of the range qualification course is to provide practical firearms training and qualification to individuals desiring to become armed private security services business personnel.

1. Prior to the date of range training, it will be the responsibility of the school director to ensure that all students are informed of the proper attire and equipment to be worn for the firing range portion of the training. Equipment needed: handgun, belt with directional draw holster (i.e., one that is worn on the same side of the body as the shooting hand), two speed loaders or three magazines, ammunition (100 rounds).

2. Each student will fire a minimum of 22 rounds of factory loaded ammunition for familiarization prior to qualification. (There is no course of fire and it is not scored; it is at the firearms instructor's discretion on how the round will be utilized.)

3. Course shall be fired double action or double/single action, except for single action semi-automatic handguns.

4. All qualifications shall be conducted using a B-27 silhouette target or the FBI "Q" target. Alternate targets may be utilized with prior approval by the department.

5. With prior approval of the department, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges.

6. For those utilizing semi-automatic firearms, it is not necessary to reload after every stage so long as there are at least three tactical reloads during the course of fire.

7. A certified firearms instructor must be present on the range directly controlling the firing line during all phases of firearms training. There shall be a minimum of one certified firearms instructor per five shooters on the line.

8. The range qualification of individuals shall be scored as follows:

a. B27 target: (use indicated K-value) 7, 8, 9, 10 X rings - value 5 points, other hits on silhouette - value 0 points: divide points scored by maximum possible score to obtain decimal and convert to percentage, (e.g., 225 ÷ 300 =.75 = 75%).

b. FBI Q target: all hits inside the bottle - value 5 points; hits outside the bottle - value 0 points.

9. Although not scored, each student is required to complete the low light range/night time practice as outlined in subsection C of this section and the familiarization course of fire.

B. Course: Virginia private security course of fire for handguns. The course of fire shall be conducted using, at a minimum, the requirements set forth in this subsection. Strong/weak hand refers to the primary hand used in firing the firearm. The opposite hand may be used for support. The course of fire shall be conducted in the following phases:

1. Phase 1: 3 yards, utilizing weaver, modified weaver, or isosceles stance, 18 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, draw and fire 2 rounds (3 seconds), repeat 2 times

c. Load 6 rounds and holster loaded firearm

d. On command, draw and fire 6 rounds with strong hand

e. Unload, reload 6 rounds and fire 6 rounds with weak hand (25 seconds)

2. Phase 2: 7 yards, utilizing weaver, modified weaver or isosceles stance, 24 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, draw and fire 1 round (2 seconds), repeat 5 times

c. Load 6 rounds and holster loaded firearm

d. On command, draw and fire 2 rounds (3 seconds), repeat 2 times

e. Load 6 rounds and holster loaded firearm

f. On command, draw and fire 6 rounds, reload 6 rounds, fire 6 rounds (30 seconds)

3. Phase 3: 15 yards, 70 seconds, 18 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, assume kneeling position, draw and fire 6 rounds with strong hand

c. Assume standing position, unload, reload and fire 6 rounds from weak-hand barricade position

d. Unload, reload and fire 6 rounds from strong-hand barricade position (kneeling position may be fired using barricade position) (70 seconds)

C. Low light course: Virginia private security low light familiarization course of fire for handguns. The course of fire shall be conducted using, at a minimum, the requirements set forth in this subsection. Equipment needed: belt with directional draw holster, handgun, two speed loaders or three magazines, range ammunition (18 rounds). Equipment provided by instructor: A range that can simulate low light or a pair of welders goggles for each student that simulates low light. Strong/weak hand refers to the primary hand used in firing the firearm. The opposite hand may be used for support. The course of fire shall be conducted in the following phases:

1. Phase 1: 3 yards, utilizing weaver or isosceles stance, 6 rounds:

a. Load 6 rounds and come to ready

b. On command, fire 2 rounds (3 seconds) repeat 2 times (30 seconds)

2. Phase 2: 7 yards, utilizing weaver or isosceles stance, 12 rounds:

a. Load 6 rounds and come to ready

b. On command, fire 2 rounds (5 seconds), repeat 2 times

c. Load 6 rounds and come to ready

d. On command, draw and fire 3 rounds (6 seconds), and repeat

6VAC20-174-390. Entry-level shotgun training and range qualification.

A. Shotgun classroom training. Individual must first successfully complete entry-level or security officer handgun training. The entry-level shotgun classroom instruction will emphasize but not be limited to:

1. Shotgun handling techniques

a. Identification of shotgun parts

b. Slings – traditional sling, single point sling, 3 point sling

c. Cruiser carry conditions

d. Cruiser safe

e. Chambering

f. Reloading

g. Transition from handgun to shotgun/shotgun to handgun (if applicable)

h. Malfunctions

(1) Immediate actions procedures

(2) Remedial action

i. Proper care and maintenance

j. Shotgun retention

k. Ammunition management and identification

l. Range safety

m. Dim light/low light

2. Fundamentals of shotgun marksmanship

a. Grip

b. Stance (position)

c. Sight alignment

d. Sight picture

e. Trigger control

f. Breathing

g. Follow through

3. Written examination

Total hours (excluding examination) - 3 hours

B. Range qualification (no minimum hours). The purpose of the range firing course is to provide practical shotgun training and qualification to those individuals who carry or have immediate access to a shotgun in the performance of their duties.

1. Familiarization: Prior to the qualification course, all shooters are required to fire a familiarization exercise consisting of 5 rounds using 12 gauge, double aught "00" buckshot or rifle slug ammunition and 6 rounds minimum of handgun rounds. The exercise shall include transition drills from handgun to shotgun and shotgun to handgun. This exercise is not scored and the distance is at the discretion of the instructor.

2. Fire 5 rounds of shotgun rounds (buckshot, rifled slugs, or both, if issued) on a daylight course using B27 single/multiple targets with 70% accuracy.

C. Course: Virginia private security course of fire for shotguns.

Distance

Position

No. Rounds

Target

Time

Combat load & fire 15 Yds.

Standing/
Shoulder

3

B‑27 Silhouette

20 sec.

Combat load & fire 25 Yds.

Kneeling/
Shoulder

2

B‑27 Silhouette

15 sec.

D. A certified firearms instructor must be present on the range directly controlling the firing line during all phases of firearms range training. There shall be a minimum of one certified firearms instructor per five shooters on the line.

6VAC20-174-400. Advanced handgun training and range qualification.

A. The entry level handgun training is a prerequisite for taking the advanced handgun training.

B. Advanced handgun classroom training.

1. The advanced handgun training will include but not be limited to:

a. Firearms safety;

b. Civil and criminal liability;

c. Concealed carry law and authority;

d. Function of firearms in close protection operations;

e. Deployment of firearms in close protection operations;

f. Use of force;

g. Principles of advanced marksmanship; and

h. Decision-making for the personal protection specialist.

Total hours (excluding written examination) - 14 hours

2. Written examination required.

C. Range qualification (no minimum hours). The purpose of this course of fire is to assess and improve the tactical, protection-related shooting skills for personal protection specialist candidates seeking certification to be armed. This course entails five increasingly challenging stages of advanced firearms exercises with a 92% score required for qualification.

1. The advanced handgun course of fire is comprised of the following exercises:

a. Shoot/don't shoot judgment;

b. Turn and fire drills;

c. Failure to stop drills;

d. Multiple target drills; and

e. Judgmental shooting.

2. For all range practicals (Stage 2 through stage 4):

a. The student will fire at a man-size silhouette target with the following requirements:

(1) 4-inch diameter circle in head;

(2) 8-inch diameter circle in chest/body area; and

(3) Center points of circles - 13-1/2 inches apart.

b. All rounds fired must hit within these circles.

c. Minimum 92% qualification score = 25 rounds total requiring 23 hits. With regard to scoring:

(1) 25 points (1 round is good for 1 point).

(2) 92% of shots must be "in circle" hits for a passing grade (2 misses allowed on total course).

(3) Shots not taken during stage 5 when a "no-shoot" situation is presented scores a point, just as an accurate shot in a hostile situation.

(4) 92% is 23 of 25 possible points.

3. A certified advanced handgun firearms instructor must be on the range during all phases of advanced handgun training. There shall be no less than one certified firearms instructor per four students.

D. Course: Virginia private security advanced handgun course of fire.

1. Stage 1: Shoot/don't shoot drill. Stage 1 of the advanced handgun course of fire is conducted in a classroom using a 16 mm film or video cassette tape, or other audiovisual electronics, of firearms combat scenarios or in practical exercises on the range to assess the student's decision-making capability given job-related shoot/don't shoot incidents.

After the interaction of the scenario, the students must explain all of their commands and actions.

Dry-fire response from a weapon rendered safe should be incorporated into the scenario interaction.

2. Stage 2: Turn-and-fire drill. Stage 2 of the advanced handgun course of fire is held at a firing range and consists of turn-and-fire drills from varying distances (straight draw hip holsters only).

All handguns are loaded with 6 rounds of ammunition and safely holstered. Shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the target. Upon the command "fire," the students must quickly turn while acquiring a firm grip on the weapon. Once facing the target and in a stable position, they must safely draw and fire 2 rounds at the designated target circle. After shooting, while facing the target, the student must reholster safely, then turn around to face up range, ready to continue the exercise. The "fire" commands will be called at 3-5 yards, 5-7 yards, and then 8-10 yards.

3. Stage 3: Failure to stop drill. Stage 3 of the advanced handgun course of fire is held at a firing range and consists of failure to stop drills fired from the 7-yard line (straight draw hip holsters only).

All handguns are loaded with 6 rounds of ammunition and are safely holstered. Shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the target. Upon the command "fire," given at approximately the 7-yard line, each shooter must safely turn around while acquiring a firm grip on their weapon as performed in the previous drill. Once facing the target, the students will draw and fire 2 rounds at the 8-inch body circle, and then one immediate round to the 4-inch head circle. The student will then safely reholster. The drill will be repeated three times.

4. Stage 4: Multiple target identification drill. Stage 4 of the advanced handgun course of fire is held at a firing range and consists of multiple target identification drills fired from varying distances (straight draw hip holsters only).

Each shooter will line up on a set of three targets. Only two shooters at one time can complete this exercise on a standard 10-12 station range. However, smaller ranges may allow for only one shooter at a time.

Each handgun is loaded with six rounds of ammunition and safely holstered. The shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the targets. Upon the command "left," "right," or "center," the student must again turn around safely while establishing a firm grip on the weapon. Then, once stable, the student must quickly draw and fire 2 rounds at the designated circle on the "called" target ("L," "R," "C"). Then, the shooter, while still facing the targets, must safely reholster, turn around to face up range, and continue the exercise. Each two-round pair must be fired within 4 seconds of the called command. Direction commands will be called at 3-5 yards, 5-7 yards, and then 8-10 yards.

5. Stage 5: Judgmental shooting. This drill combines the skills developed in the prior four stages. The shooter will be required to safely turn and fire at a "photograph" type target which may be either friendly or hostile. It requires hostile targets to be stopped using deadly force. Necessity (immediate jeopardy) is presumed for this exercise. This stage allows the instructor to evaluate the decision-making capability of the student as well as his shooting accuracy and safety.

Shooter is placed on the 10-yard line facing the instructor with the target to his rear. The target will be placed at any location along the range target line and should not be seen by the student until he is given the "turn" command during the drill. Each shooter has the opportunity to complete this drill four times. Each decision is worth one point. If he shoots at a hostile target, a hit anywhere on that target will score the point. If a friendly target is presented, it is clearly a no-shoot situation and the student should merely holster safely to score the point. There is a 4-second time limit at this stage for any "shoot" situation.

The instructor will allow each shooter two opportunities to complete this drill and place two targets downrange for each. Four points or hits are still necessary at this stage for the total score. If two targets are used, then the time limit is raised to 6 seconds, regardless of whether two hostile targets are used or one hostile with one friendly.

6VAC20-174-410. Entry-level patrol rifle training and range qualification.

A. Patrol rifle classroom training. Individual must first successfully complete security officer handgun training. The entry-level patrol rifle classroom instruction will emphasize but not be limited to:

1. Rifle handling techniques

a. Nomenclature and identification of rifle parts

b. Field striping and reassembling

c. Loading and unloading

d. Chambering

e. Reloading

f. Slings

(1) Traditional sling

(2) Single point sling

(3) 3-point sling

g. Transition from handgun to rifle and rifle to handgun

h. Malfunctions

i. Immediate actions procedures

j. Remedial action

k. Proper care and maintenance

l. Rifle retention

m. Ammunition management and identification

n. Range safety

o. Dim light/low light

2. Fundamentals of rifle marksmanship

a. Grip

b. Stance (position)

c. Sight alignment

d. Sight picture

e. Trigger control

f. Breathing

g. Follow through

3. Zeroing iron sights

a. Establishing mechanical zero

b. Zeroing process

4. Dim light shooting

a. Hours of darkness/dim light

b. Identification requirements

c. Unaided reduced light shooting techniques

d. Aided reduced light shooting techniques

5. Shooting positions

a. Fundamentals of shooting positions

b. Basic patrol positions

6. Use of force

7. Criminal and civil liability

8. Written comprehensive examination

Total hours (excluding examination) - 16 hours

B. Range qualification (no minimum hours). The purpose of the range firing course is to provide practical patrol rifle training and qualification to those individuals who carry or have immediate access to a patrol rifle in the performance of their duties with the sighting system that will be carried on duty.

C. Patrol rifle qualification course.

1. All rifle qualification will be done with a law-enforcement type and caliber rifle. A total of 60 rounds of ammunition will be fired for rifle qualification.

2. All rifle qualification firing will be done with iron sights. In addition, if an officer is using an optic while on duty, they must qualify with that optic.

3. All indoor rifle qualification firing will be done at a range that accommodates a distance of 25 yards between the shooter and the target. No variances of this distance are allowed. The indoor target system will contain two targets per shooter mounted side by side. The targets will be FBI Q-R, half-sized silhouette targets. Use of this target type will simulate shooting at 50 yards.

4. All outdoor rifle qualification firing will be done at 50 yards using the FBI Q silhouette full-sized targets. Two of these targets will be mounted side by side for each shooter.

5. FBI Q silhouette targets are used for rifle qualification, scoring will be all hits inside the bottle – value 5 points; outside the bottle – value 0 points. With these targets a maximum score of 300 points is possible. Minimum qualification is 85% or 255 points.

D. Patrol rifle course of fire.

1. Prior to qualification, all shooters are required to fire a minimum of 30 familiarization rounds which will include transition drills from handgun to rifle and rifle to handgun. Shooters will fire a minimum of 10 rounds with a handgun. This exercise is not scored and the distance is at the discretion of the instructor.

2. Stage 1: 50 yards/25 yards (indoors) – Shooters will load their rifle with a magazine of 20 rounds and place the selector on safe. From the standing position with the rifle in the sling carry position, on command the shooters will fire 5 rounds from the standing position, place the selector on safe, assume a kneeling position and fire 5 rounds, place the selector on safe; shooter will assume the prone position, the shooter will fire 10 rounds. All 20 rounds of this stage will be fired at the left hand target. (1 minute) When firing is complete shooters will place the selector on safe and await further command.

3. Stage 2: 25 yards – Shooters will load their rifle with a magazine of 15 rounds and place the selector on safe. From the standing position with the rifle in the sling carry position, on command the shooters will fire 5 rounds from the standing position, place the selector on safe, assume a kneeling position and fire 5 rounds, place the selector on safe; shooter will assume the prone position, the shooter will fire 5 rounds. All 15 rounds of this stage will be fired at the right hand target. (45 seconds) When firing is complete shooters will place the selector on safe and await further command.

4. Stage 3: 15 yards - On command shooters will assume the standing position and load rifle with a magazine of 10 rounds. On command shooters will fire 5 rounds at the right-hand target, place the selector on safe, assume the kneeling position and fire 5 rounds at the left-hand target in 15 seconds.

5. Stage 4: 7 yards - On command shooters will load rifle with a magazine of 20 rounds, selector in the safe position, and then place the rifle in the sling carry position. On command shooters will fire 2 rounds into the right target with a 2 second time limit. Upon completion of firing, shooters will place the selector on safe and the rifle in the sling carry position. This exercise will be fired 5 times with a total of 10 rounds expended.

6. Stage 5: 5 yards - On command shooters will load rifle with a magazine of 5 rounds, selector in the safe position, and then place the rifle in the sling carry position. On command shooters will fire 1 round into the left target head with a 2 second time limit. Upon completion of firing, shooters will place the selector on safe and the rifle in the sling carry position. This exercise will be fired 5 times with a total of 5 rounds expended.

E. Low light/dim light qualification course of fire.

7 yards - Under low-light conditions, on command shooters will fire 5 rounds at the left target, place the selector in the safe position, assume the kneeling position and fire 5 rounds at the right target. A time limit of 1 minute is allowed for this stage.

6VAC20-174-420. Firearms retraining.

A. All armed private security services business personnel with the exception of personal protection specialists must satisfactorily complete four hours of firearms classroom training or practical exercises and range training, and requalify for handgun as prescribed in this chapter.

B. Requalification training with the shotgun shall be comprised of three hours of classroom training or practical exercises and range training and requalification firing as specified in this chapter.

C. Requalification training with the patrol rifle shall be comprised of four hours of firearms classroom training or practical exercises and range training and requalification firing as specified in this chapter.

D. All applicable firearms retraining must be completed and documented with the department on an annual basis prior to the issuance of a firearms endorsement.

6VAC20-174-430. Advanced handgun retraining.

All armed private security services business personnel registered in the category of personal protection specialist or other armed category seeking advanced handgun designation must satisfactorily complete advanced handgun retraining, which includes eight hours of firearms classroom training and range training, and requalify for handgun as prescribed in this chapter as follows:

1. Legal authority and decision-making

2. Handgun safety, marksmanship, and skill development

3. Completion of advanced handgun course of fire

Total hours (excluding range qualification) - 8 hours

Part X
Complaints; Department Actions; Adjudication

6VAC20-174-440. Complaint submittal requirements.

A. In accordance with § 9.1-141 of the Code of Virginia, this chapter establishes standards designed to secure the public safety and welfare against incompetent or unqualified persons engaging in private security services. It shall be the responsibility of the licensee, its compliance agents, and its employees to provide private security services in a professional and ethical manner utilizing sound business practices.

B. Any aggrieved or interested person may file a complaint against any person, whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing private security services or this chapter.

C. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, and providing sufficient detailed information for the department to conduct an investigation; or

3. By telephone, providing the complaint alleges activities that constitute a life-threatening situation or have resulted in personal injury or loss to the public or to a consumer or may result in imminent harm or personal injury and that provide sufficient detailed information for the department to conduct an investigation.

6VAC20-174-450. Department investigation.

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this chapter.

B. Documentation.

1. Persons regulated or required to be regulated by this chapter pursuant to the Code of Virginia are required to provide department investigators with any and all records required to be maintained by this chapter.

a. This shall not be construed to authorize the department to demand records protected under applicable federal and state laws. If such records are necessary to complete an investigation, the department may seek a subpoena to satisfy the request.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this chapter.

2. The department shall endeavor to keep any documentation, evidence, or information on an investigation confidential until such time as adjudication has been completed, at which time information may be released upon request pursuant to applicable federal and state laws or regulations.

6VAC20-174-460. Disciplinary action; sanctions; publication of records.

A. Each person subject to jurisdiction of this chapter who violates any statute or regulation pertaining to private security services shall be subject to sanctions imposed by the department regardless of criminal prosecution.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation or in noncompliance of the Code of Virginia or of this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of registration or approval granted, for any period of time;

4. Revocation;

5. Refusal to issue, renew, or reinstate a registration or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted;

7. Remedial training; or

8. Conditional agreements.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this chapter but do not hold a valid registration. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director may summarily suspend a registration under this chapter without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations of the registrant would constitute a life-threatening situation, has resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm, personal injury, or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all persons and registrants whose conduct and activities are subject to this chapter and have been sanctioned or denied registration or approval.

6VAC20-174-470. Fines; administrative and investigative costs.

A. The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation, or denial of any registration. Such costs shall be in addition to any monetary penalty that may be imposed.

B. All monetary penalties imposed as a sanction shall be deposited into the state treasury to the credit of the State Literary Fund.

6VAC20-174-480. Hearing process.

Following a preliminary investigative process, the department may initiate action to resolve the complaint through an informal fact-finding conference or formal hearing as established in this chapter. Pursuant to the authority conferred in § 9.1-141 C 6 of the Code of Virginia and in accordance with the procedures set forth by the Administrative Process Act and the procedures prescribed in this part, the department is empowered to receive, review, investigate, and adjudicate complaints concerning the conduct of any person whose activities are regulated by the board. The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.

6VAC20-174-490. Informal fact-finding conference.

The purpose of an informal fact-finding conference is to resolve allegations through informal consultation and negotiation. Informal fact-finding conferences shall be conducted in accordance with § 2.2-4019 of the Code of Virginia. The respondent, the person against whom the complaint is filed, may appeal the decision of an informal fact-finding conference and request a formal hearing, provided that written notification is given to the department within 30 days of the date the informal fact-finding decision notice was served, or the date it was mailed to the respondent, whichever occurred first. In the event the informal fact-finding decision was served by mail, three days shall be added to that period.

6VAC20-174-500. Formal hearing.

A. Formal hearing proceedings may be initiated in any case in which the basic laws provide expressly for a case decision, or in any case to the extent the informal fact-finding conference has not been conducted or an appeal thereto has been timely received. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia. The findings and decision of the director resulting from a formal hearing may be appealed to the board.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine or to suspend, revoke, or deny issuance or renewal of any registration or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such registration or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

6VAC20-174-510. Appeals.

The findings and the decision of the director may be appealed to the board provided that written notification is given to the attention of the Director, Department of Criminal Justice Services, within 30 days following the date notification of the hearing decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

6VAC20-174-520. Court review; appeal of final agency order.

A. The agency's final administrative decision (final agency order) may be appealed. Any person affected by and claiming the unlawfulness of the agency's final case decision shall have the right to direct review thereof by an appropriate and timely court action. Such appeal actions shall be initiated in the circuit court of jurisdiction in which the party applying for review resides; however, if such party is not a resident of Virginia, the venue shall be in the city of Richmond, Virginia.

B. Notification shall be given to the attention of the Director, Department of Criminal Justice Services, in writing within 30 days of the date notification of the board decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect, unless the court issues a stay of the order.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (6VAC20-174)

Registration

Private Security Services - Duplicate/Replacement Registration Application (eff. 10/12)

Private Security Services - Initial Registration Application (eff. 3/13)

Private Security Services - Renewal Registration Application (eff. 3/13)

Private Security Services - Additional Registration Category Application (eff. 10/12)

Private Security Services - Firearms Endorsement Application (eff. 10/12)

Fingerprint Processing

DCJS Fingerprint Cards Order Form (undated)

Fingerprint Processing Application (eff. 10/12)

Criminal History Supplemental Form (eff. 10/12)

Fingerprint Application Instructions (eff. 10/12)

Acceptable Documents for Verifying Legal Presence/Name Change (eff. 10/12)

Miscellaneous

Locksmith - Training Waiver (eff. 10/12)

Complaint Form (eff. 10/12)

Firearms Discharge Report (eff. 10/12)

Training Exemption Application - Entry Level (eff. 10/12)

Training Exemption Application - In-Service (eff. 10/12)

Request for Extension Form (eff. 10/12)

Individual Address Change Form (eff. 10/12)

Credit Card Authorization Form (eff. 10/12)

FORMS (6VAC20-174-9999)

Registration

Private Security Services - Duplicate/Replacement Registration Application (eff. 10/12)

Private Security Services - Initial Registration Application (eff. 3/13)

Private Security Services - Renewal Registration Application (eff. 3/13)

Private Security Services - Additional Registration Category Application (eff. 10/12)

Private Security Services - Firearms Endorsement Application (eff. 10/12)

Fingerprint Processing

DCJS Fingerprint Cards Order Form (undated)

Fingerprint Processing Application (eff. 10/12)

Criminal History Supplemental Form (eff. 10/12)

Fingerprint Application Instructions (eff. 10/12)

Acceptable Documents for Verifying Legal Presence/Name Change (eff. 10/12)

Miscellaneous

Locksmith - Training Waiver (eff. 10/12)

Complaint Form (eff. 10/12)

Firearms Discharge Report (eff. 10/12)

Training Exemption Application - Entry Level (eff. 10/12)

Training Exemption Application - In-Service (eff. 10/12)

Request for Extension Form (eff. 10/12)

Individual Address Change Form (eff. 10/12)

Credit Card Authorization Form (eff. 10/12)

VA.R. Doc. No. R15-3957; Filed July 15, 2015, 4:12 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Final Regulation

REGISTRAR'S NOTICE: The Criminal Justice Services Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3, which excludes regulations that consist only of changes in style or form or corrections of technical errors. The Criminal Justice Services Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Titles of Regulations: 6VAC20-171. Regulations Relating to Private Security Services (repealing 6VAC20-171-10 through 6VAC20-171-560).

6VAC20-172. Regulations Relating to Private Security Services Businesses (adding 6VAC20-172-10 through 6VAC20-172-250).

6VAC20-173. Regulations Relating to Private Security Services Training Schools (adding 6VAC20-173-10 through 6VAC20-173-330).

6VAC20-174. Regulations Relating to Private Security Services Registered Personnel (adding 6VAC20-174-10 through 6VAC20-174-520).

Statutory Authority: § 9.1-141 of the Code of Virginia.

Effective Date: September 9, 2015.

Agency Contact: Barbara Peterson-Wilson, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 225-4503, or email barbara.peterson-wilson@dcjs.virginia.gov.

Summary:

This exempt regulatory action repeals the existing Regulations Relating to Private Security Services (6VAC20-171) and breaks out the three distinct main components of the private security industry--business, training schools, and registered personnel--into three individual chapters numbered 6VAC20-172 (Businesses), 6VAC20-173 (Training Schools), and 6VAC20-174 (Registered Personnel) based on related topics. No substantive changes to the requirements established in the current regulations under 6VAC20-171 are made in this action.

CHAPTER 172
REGULATIONS RELATING TO PRIVATE SECURITY SERVICES BUSINESSES

Part I
Definitions

6VAC20-172-10. Definitions.

In addition to the words and terms defined in § 9.1-138 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Date of hire" means the date any employee of a private security services business or training school performs services regulated or required to be regulated by the department.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Electronic images" means an acceptable method of maintaining required documentation through the scanning, storage, and maintenance of verifiable electronic copies of original documentation.

"Employee" means a natural person employed by a licensee to perform private security services that are regulated by the department.

"Firearms endorsement" means a method of regulation that identifies an individual registered as a private security registrant and has successfully completed the annual firearms training and has met the requirements as set forth in 6VAC20-174.

"Firm" means a business entity, regardless of method of organization, applying for an initial or renewal private security services business license or private security services training school certification.

"Incident" means an event that exceeds the normal extent of one's duties.

"Intermediate weapon" means a tool not fundamentally designed to cause deadly force with conventional use. This would exclude all metal ammunition firearms or edged weapons. These weapons include but are not limited to baton/collapsible baton, chemical irritants, electronic restraining devices, projectiles, and other less lethal weapons as defined by the department.

"Licensed firm" means a business entity, regardless of method of organization, that holds a valid private security services business license issued by the department.

"Licensee" means a licensed private security services business.

"Official documentation" means personnel records; Certificate of Release or Discharge from Active Duty (DD214); copies of business licenses indicating ownership; law-enforcement transcripts; certificates of training completion; a signed letter provided directly by a current or previous employer detailing dates of employment and job duties; college transcripts; letters of commendation; private security services registrations, certifications or licenses from other states; and other employment, training, or experience verification documents. A resume is not considered official documentation.

"On duty" means the time during which private security services business personnel receive or are entitled to receive compensation for employment for which a registration or certification is required.

"Performance of his duties" means on duty in the context of this chapter.

"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.

"Physical address" means the location of the building that houses a private security services business or training school or the location where the individual principals of a business reside. A post office box is not a physical address.

"Principal" means any sole proprietor, individual listed as an officer or director with the Virginia State Corporation Commission, board member of the association, or partner of a licensed firm or applicant for licensure.

"Private security services business personnel" means each employee of a private security services business who is employed as an unarmed security officer, armed security officer/courier, armored car personnel, security canine handler, detector canine handler, private investigator, personal protection specialist, alarm respondent, a locksmith, central station dispatcher, electronic security employee, an electronic security sales representative, electronic security technician, or electronic security technician's assistant.

"Reciprocity" means the relation existing between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Recognition" means the relation of accepting various application requirements between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Related field" means any field with training requirements, job duties, and experience similar to those of the private security services field in which the applicant wishes to be licensed, certified, or registered. This term includes law enforcement and certain categories of the military.

"This chapter" means the Regulations Relating to Private Security Services Businesses (6VAC20-172).

Part II
Application Fees

6VAC20-172-20. Application fees.

A. Schedule of fees. The fees listed below reflect the costs of handling, issuance, and production associated with administering and processing applications for licensing, certification, and other administrative requests for services relating to private security services.

CATEGORIES

FEES

Fingerprint processing

$50

Initial business license - 1-year license

$550

Initial business license - 2-year license

$800

Business license renewal - 2-year license

$500

Business license category

$50

Initial compliance agent certification

$50

Compliance agent certification renewal

$25

Regulatory compliance - entry-level training

$75

Regulatory compliance - in-service training

$50

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for license or certification renewal applications not received on or before the expiration date of the expiring license or certification.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the license, certification, or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the license, certification, or authority it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the person or licensee may request that the suspended license, certification, or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

D. Manual processing service fee. The department shall collect a $5.00 service fee for any applications under this chapter that are submitted to the department by other means than the available electronic methods established by the department.

Part III
Criminal History Records Search

6VAC20-172-30. Fingerprint processing.

A. On or before the first date of hire, each person applying for licensure as a private security services business, including principals, supervisors, and electronic security employees or for certification as a compliance agent shall submit to the department:

1. One completed fingerprint card provided by the department or another electronic method approved by the department;

2. A fingerprint processing application;

3. The applicable, nonrefundable fee; and

4. All criminal history conviction information on a form provided by the department.

B. The department shall submit those fingerprints to the Virginia State Police for the purpose of conducting a Virginia Criminal History Records search and a National Criminal Records search to determine whether the individual or individuals have a record of conviction.

C. Fingerprint cards found to be unclassifiable will suspend all action on the application pending the resubmission of a classifiable fingerprint card. The applicant shall be so notified in writing and must submit a new fingerprint card within 30 days of notification before the processing of his application shall resume. If a fingerprint card is not submitted within the 30 days, the initial fingerprint application process will be required to include applicable application fees.

D. If the applicant is denied by DCJS, the department will notify the applicant by letter regarding the reasons for the denial. The compliance agent will also be notified in writing by DCJS that the applicant has been denied.

E. Fingerprint applications will be active for 120 days from the date of submittal. Applications for licenses and certifications must be submitted within that 120-day period or initial fingerprint submittal will be required.

Part IV
Business License Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-172-40. Initial business license application.

A. Prior to the issuance of a private security services business license, the applicant shall meet or exceed the requirements of licensing and application submittal to the department as set forth in this section.

B. Each person seeking a license shall file a completed application provided by the department including:

1. For each principal and supervisor of the applying business and for each electronic security employee of an electronic security services business, his fingerprints pursuant to this chapter;

2. Documentation verifying that the applicant has secured a surety bond in the amount of $100,000 executed by a surety company authorized to do business in Virginia, or a certificate of insurance reflecting the department as a certificate holder, showing a policy of comprehensive general liability insurance with a minimum coverage of $100,000 per individual occurrence and $300,000 general aggregate issued by an insurance company authorized to do business in Virginia;

3. For each nonresident applicant for a license, on a form provided by the department, a completed irrevocable consent for the department to serve as service agent for all actions filed in any court in this Commonwealth;

4. For each applicant for a license except sole proprietor or partnership, the identification number issued by the Virginia State Corporation Commission for verification that the entity is authorized to conduct business in the Commonwealth;

5. A physical address in Virginia where records required to be maintained by the Code of Virginia and this chapter are kept and available for inspection by the department. A post office box is not a physical address;

6. On the license application, designation of at least one individual as compliance agent who is certified or eligible for certification;

7. The applicable, nonrefundable license application fee; and

8. Designation on the license application of the type of private security business license the applicant is seeking. The initial business license fee includes one category. A separate fee will be charged for each additional category. The separate categories are identified as follows: (i) security officers/couriers (armed and unarmed), (ii) private investigators, (iii) electronic security personnel, (iv) armored car personnel, (v) personal protection specialists, (vi) locksmiths, and (vii) detector canine handlers and security canine handlers. Alarm respondents crossover into both the security officer and electronic security category; therefore, if an applicant is licensed in either of these categories, he can provide these services without an additional category fee.

C. Upon completion of the initial license application requirements, the department may issue an initial license for a period not to exceed 24 months.

D. The department may issue a letter of temporary licensure to businesses seeking licensure under § 9.1-139 of the Code of Virginia for not more than 120 days while awaiting the results of the state and national fingerprint search conducted on the principals and compliance agent of the business, provided the applicant has met the necessary conditions and requirements.

E. A new license is required whenever there is any change in the ownership or type of organization of the licensed entity that results in the creation of a new legal entity. Such changes include but are not limited to:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Formation or dissolution of a corporation, a limited liability company, or an association or any other business entity recognized under the laws of the Commonwealth of Virginia.

F. Each license shall be issued to the legal business entity named on the application, whether it is a sole proprietorship, partnership, corporation, or other legal entity, and shall be valid only for the legal entity named on the license. No license shall be assigned or otherwise transferred to another legal entity.

G. Each licensee shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

H. Each licensee shall be a United States citizen or legal resident alien of the United States.

6VAC20-172-50. Renewal business license application.

A. Applications for license renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address of the licensee. However, if a renewal notification is not received by the licensee, it is the responsibility of the licensee to ensure renewal requirements are filed with the department. License renewal applications must be received by the department and all license requirements must be completed prior to the expiration date or shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees. Outstanding fees or monetary penalties owed to DCJS must be paid prior to issuance of said renewal.

B. Licenses will be renewed for a period not to exceed 24 months.

C. The department may renew a license when the following are received by the department:

1. A properly completed renewal application;

2. Documentation verifying that the applicant has secured and maintained a surety bond in the amount of $100,000 executed by a surety company authorized to do business in Virginia, or a certificate of insurance reflecting the department as a certificate holder, showing a policy of comprehensive general liability insurance with a minimum coverage of $100,000 per individual occurrence and $300,000 general aggregate issued by an insurance company authorized to do business in Virginia;

3. Fingerprint records for any new or additional principals submitted to the department within 30 days of their hire date provided, however, that any change in the ownership or type of organization of the licensed entity has not resulted in the creation of a new legal entity;

4. On the application, designation of at least one compliance agent who has satisfactorily completed all applicable training requirements;

5. The applicable, nonrefundable license renewal fee and applicable category of service fees; and

6. On the first day of employment, each new and additional supervisor's fingerprints submitted to the department pursuant to § 9.1-139 I of the Code of Virginia.

D. Each business applying for a license renewal shall be in good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field. This subsection shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

E. Any renewal application received after the expiration date of a license shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

F. On the renewal application the licensee must designate the type of private security business license he wishes to renew. The fee will be based upon the category or categories selected on the renewal application.

6VAC20-172-60. General requirements.

All private security services licensed businesses are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

6VAC20-172-70. Business administrative requirements.

A licensee shall:

1. Maintain at all times with the department its physical address in Virginia where records required to be maintained by the Code of Virginia and this chapter are kept and available for inspection by the department, the physical address of all locations in Virginia utilized by the licensee in which regulated services are offered, and email address if applicable. A post office box is not a physical address. Notification of any change shall be in writing and received by the department no later than 10 days after the effective date of the change.

2. Maintain at all times with the department its current operating name and all fictitious names. Any name change reports shall be submitted in writing within 10 days after the occurrence of such change and accompanied by certified true copies of the documents that establish the name change.

3. Report in writing to the department any change in its ownership or principals that does not result in the creation of a new legal entity. Such written report shall be received by the department within 30 days after the occurrence of such change to include fingerprint cards pursuant to this chapter.

4. Report in writing to the department any change in the entity of the licensee that results in continued operation requiring a license. Such written report shall be received by the department within 10 days after the occurrence of such change.

5. Maintain at all times current liability coverage at least in the minimum amounts prescribed by the application requirements of this chapter. Each day of uninsured activity would be construed as an individual violation of this requirement.

6. Maintain at all times with the department a completed irrevocable consent for service if the licensee is not a resident of the Commonwealth of Virginia. Licensees that move their business from the Commonwealth shall file a completed irrevocable consent for services within 15 days of the change in location.

7. Employ at all times at least one individual designated as a compliance agent who is in good standing and is certified pursuant to this chapter. In the event there is more than one compliance agent designated for the business, designate one as the primary compliance agent and point of contact.

8. Maintain at all times and for a period of not less than three years from the date of termination of employment the following documentation concerning all regulants: documentation or electronic images of the date of hire in the regulated category; documentation that the fingerprint processing application was submitted on the date of hire; verification that the employee is a United States citizen or legal resident alien and is properly registered or certified and trained; and current physical and mailing addresses for all regulated employees and telephone numbers if applicable.

9. Upon termination of employment of a certified compliance agent, notify the department in writing within 10 calendar days. This notification shall include the name of the individual responsible for the licensee's adherence to applicable administrative requirements and standards of conduct during the period of replacement.

10. Within 90 days of termination of employment of the sole remaining compliance agent, submit the name of a new compliance agent who is eligible for certification. Individuals not currently eligible may pursue certification pursuant to this chapter. This notification shall be in writing and signed by a principal of the business and the designated compliance agent.

11. Prominently display at all times for public inspection, in a conspicuous place where the public has access, the business license issued by the department.

12. Ensure that all individuals submit fingerprint cards pursuant to this chapter and as required by the Code of Virginia.

13. Inform the department in writing within 10 days of receiving knowledge of any principal, partner, officer, or compliance agent regulated by this chapter or any employee regulated or required to be regulated by the board, pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

14. Inform the department in writing within 10 days of receiving knowledge of any principal, licensee, subsidiary, partner, officer, or compliance agent regulated by this chapter, or any employee regulated or required to be regulated by the board, having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

15. On a form provided by the department and within 10 calendar days of receiving knowledge of an incident, submit a report of any incident in which any registrant has discharged a firearm while on duty, excluding any training exercise.

16. In the event a complaint against the licensee is received by the department, be required to furnish documentary evidence (written agreement) of the terms agreed to between licensee and client, which shall include at a minimum the specific scope of services and fees assessed for such services. The licensee shall retain a copy for a period of not less than three years from completion of said agreement.

17. Not fail to honor the terms and conditions of a warranty or written agreement.

18. In the event a licensee sells or otherwise transfers the ownership of a monitoring agreement of an electronic security customer in Virginia, notify the end user, in writing, within 30 days of the transfer of monitoring services. No licensee shall sell or otherwise transfer to an entity not licensed in Virginia.

19. Ensure that all employees regulated by the board carry a department issued registration card or temporary registration letter along with a photo identification while on duty.

20. Ensure that all regulated employees authorized to provide private security services while completing compulsory minimum training standards pursuant to § 9.1-139 H of the Code of Virginia carry a photo identification along with an authorization form provided by the department while on duty.

21. Maintain a written use of force policy dictating the business' policy for using deadly force and for use of less lethal force. A statement certifying that the employee has read and understands the business' use of force policy must be signed by each employee who is permitted to carry firearms or intermediate weapons and maintained in the employee's file.

22. Maintain records for individual employees permitted to carry intermediate weapons while on duty to verify training in the use of the permitted intermediate weapons.

23. Maintain at all times and for a period of not less than three years from the date of termination, decertification, or other separation records of detector canine handler team certifications to include a photo of detector canine teams utilized to provide regulated private security services.

6VAC20-172-80. Business standards of conduct.

A licensee shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Ensure that all employees regulated or required to be regulated by the board conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia, 6VAC20-174, and this chapter.

3. Not direct any employee regulated or required to be regulated by the board to engage in any acts prohibited by the Code of Virginia, 6VAC20-174, and this chapter.

4. Employ individuals regulated or required to be regulated as follows:

a. A licensee shall employ or otherwise utilize individuals possessing a valid registration issued by the department showing the registration categories required to perform duties requiring registration pursuant to the Code of Virginia;

b. A licensee shall not allow individuals requiring registration as armored car personnel, armed security officers/couriers, armed alarm respondents with firearm endorsement, private investigators, personal protection specialists, detector canine handlers, or security canine handlers to perform private security services until such time as the individual has been issued a registration by the department;

c. A licensee may employ individuals requiring registration as an unarmed alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, an unarmed armored car driver, an unarmed security officer, or an electronic security technician's assistant for a period not to exceed 90 consecutive days in any registered category listed in this subdivision 4 c while completing the compulsory minimum training standards as set forth in 6VAC20-174 provided:

(1) The individual's fingerprint card has been submitted;

(2) The individual is not employed in excess of 120 days without having been issued a registration from the department; and

(3) The individual did not fail to timely complete the required training with a previous employer.

d. A licensee shall not employ any individual carrying or having access to a firearm in the performance of his duties who has not obtained a valid registration and firearms endorsement from the department; and

e. A licensee shall maintain appropriate documentation to verify compliance with these requirements. A licensee shall maintain these documents after employment is terminated for a period of not less than three years.

5. Not contract or subcontract any private security services in the Commonwealth of Virginia to a person not licensed by the department. Verification of a contractor's or subcontractor's license issued by the department shall be maintained for a period of not less than three years.

6. Ensure that the compliance agent conforms to all applicable application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia and this chapter.

7. Permit the department during regular business hours to inspect, review, or copy those documents, electronic images, business records, or training records that are required to be maintained by the Code of Virginia and this chapter.

8. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-173, 6VAC20-174, or this chapter.

9. Not commit any act or omission that results in a private security license or registration being suspended, revoked, or not renewed, or the licensee or registrant otherwise being disciplined in any jurisdiction.

10. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

11. Not obtain or aid and abet others to obtain a license, license renewal, registration, registration renewal, certification, certification renewal, or firearms endorsement through any fraud or misrepresentation.

12. Include the business license number issued by the department on all business advertising materials pursuant to the Code of Virginia. Business advertising materials containing information regarding more than one licensee must contain the business license numbers of each licensee identified.

13. Not conduct a private security services business in such a manner as to endanger the public health, safety, and welfare.

14. Not falsify or aid and abet others in falsifying training records for the purpose of obtaining a license, registration, or certification.

15. Not represent as one's own a license issued to another private security services business.

16. When providing central station monitoring services, attempt to verify the legitimacy of a burglar alarm activation by calling the site of the alarm. If unable to make contact, call one additional number provided by the alarm user who has the authority to cancel the dispatch. This shall not apply if the alarm user has provided written authorization requesting immediate or one-call dispatch to both his local police department and his dealer of record. This shall not apply to duress or hold-up alarms.

17. Not perform any unlawful or negligent act resulting in loss, injury, or death to any person.

18. Utilize vehicles for private security services using or displaying an amber flashing light only as specifically authorized by § 46.2-1025 A 9 of the Code of Virginia.

19. Not use or display the state seal of Virginia or the seal of the Department of Criminal Justice Services, or any portion thereof, or the seal of any political subdivision of the Commonwealth, or any portion thereof, as a part of any logo, stationery, letter, training document, business card, badge, patch, insignia, or other form of identification or advertisement.

20. Not provide information obtained by the firm or its employees to any person other than the client who secured the services of the licensee without the client's prior written consent. Provision of information in response to official requests from law-enforcement agencies, the courts, or the department shall not constitute a violation of this chapter. Provision of information to law-enforcement agencies pertinent to criminal activity or to planned criminal activity shall not constitute a violation of this chapter.

21. Not engage in acts of unprofessional conduct in the practice of private security services.

22. Not engage in acts of negligent or incompetent private security services.

23. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

24. Not violate any state or local ordinance.

25. Satisfy all judgments to include binding arbitrations related to private security services not provided.

26. Not publish or cause to be published any material relating to private security services that contains an assertion, representation, or statement of fact that is false, deceptive, or misleading.

27. Not conduct private security business under a fictitious or assumed name unless the name is on file with the Department of Criminal Justice Services. This does not apply to a private investigator conducting a "pretext," provided that the private investigator does not state that he is representing a private security business that does not exist or otherwise prohibited under federal law.

28. Not act as or be an ostensible licensee for undisclosed persons who do or will control directly or indirectly the operations of the licensee's business.

29. Not provide false or misleading information to representatives of the department.

30. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

Part V
Compliance Agent Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-172-90. Compliance agent certification requirements.

A. Each person applying for certification as compliance agent shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Have (i) three years of managerial or supervisory experience in a private security services business; with a federal, state, or local law-enforcement agency; or in a related field or (ii) five years of experience in a private security services business; with a federal, state or local law-enforcement agency; or in a related field; and

3. Be a United States citizen or legal resident alien of the United States.

B. Each person applying for certification as compliance agent shall file with the department:

1. A properly completed application provided by the department;

2. Fingerprint card pursuant to this chapter;

3. Official documentation verifying that the individual has (i) three years of managerial or supervisory experience in a private security services business; with a federal, state, or local law-enforcement agency; or in a related field or (ii) five years of experience in a private security services business, with a federal, state, or local law-enforcement agency; or in a related field; and

4. The applicable, nonrefundable application fee.

C. The department may issue a certification for a period not to exceed 24 months when the following are received by the department:

1. A properly completed application provided by the department;

2. The applicable, nonrefundable certification fee;

3. Verification of eligibility pursuant to § 9.1-139 A of the Code of Virginia; and

4. Verification of satisfactory completion of department regulatory compliance entry-level training requirements pursuant to this chapter.

D. Each compliance agent shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-172-100. Compliance agent certification renewal requirements.

A. Applications for certification renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address or email address provided by the certified compliance agent. However, if a renewal notification is not received by the compliance agent, it is the responsibility of the compliance agent to ensure renewal requirements are filed with the department. Certification renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for compliance agent certification renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully apply on an application provided by the department and complete the in-service regulatory compliance agent classroom training session provided by the department, or successfully complete an approved online in-service training session pursuant to this chapter. Training must be completed within the 12 months immediately preceding the expiration date of the current certification; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified in private security services or a related field. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a certification for a period not to exceed 24 months.

D. The department may renew a certification when the following are received by the department:

1. A properly completed renewal application provided by the department;

2. The applicable, nonrefundable certification renewal fee; and

3. Verification of satisfactory completion of department regulatory compliance agent in-service training.

E. Any renewal application received after the expiration date of a certification shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

6VAC20-172-110. Compliance agent regulatory compliance training requirements.

A. Each eligible person applying to attend a regulatory compliance entry-level or in-service training session provided by the department shall file with the department:

1. A properly completed application provided by the department; and

2. The applicable, nonrefundable application fee.

Upon receipt of the training enrollment application the department will assign the applicant to a training session provided by the department. Applicants for initial certification as a compliance agent must achieve a minimum passing score of 80% on the entry-level regulatory compliance training examination.

B. Department entry-level regulatory compliance training must be completed within 12 months of approval of application for an initial compliance agent certification.

C. Each person certified by the department to act as a compliance agent shall complete the department in-service regulatory compliance training within the last 12-month period of certification.

6VAC20-172-120. Compliance agent administrative requirements and standards of conduct.

Private security services certified compliance agents are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter. A compliance agent shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Maintain at all times with the department his mailing address and email address if applicable. Written notification of any change of address shall be received by the department no later than 10 days after the effective date of the change.

3. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-173, 6VAC20-174, or this chapter.

4. Not commit any act or omission that results in a private security license or registration being suspended, revoked, or not renewed, or the licensee or registrant otherwise being disciplined in any jurisdiction.

5. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

6. Inform the department, and the licensee for which the individual is designated as compliance agent if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

7. Inform the department, and the licensee for which the individual is designated as compliance agent if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

8. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

9. Be designated with the department as compliance agent for a licensee and shall:

a. Ensure that the licensee and all employees regulated or required to be regulated by the board conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia, 6VAC20-174, and this chapter;

b. Maintain documentation for all employees or persons otherwise utilized that verifies compliance with requirements pursuant to the Code of Virginia, 6VAC20-174, and this chapter;

c. Notify the department in writing within 10 calendar days following termination of his employment as compliance agent for the licensee;

d. Ensure that all employees regulated by the board carry a department-issued registration card or temporary registration letter along with a photo identification while on duty; and

e. Ensure that all regulated employees authorized to provide private security services while completing compulsory minimum training standards pursuant to § 9.1-139 H of the Code of Virginia carry a photo identification along with an authorization form provided by the department while on duty.

10. Not engage in acts of unprofessional conduct in the practice of private security services.

11. Not engage in acts of negligent or incompetent private security services.

12. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

13. Satisfy all judgments to include binding arbitrations related to private security services not provided.

14. Not publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading.

15. Not conduct private security business under a fictitious or assumed name unless the name is on file with the Department of Criminal Justice Services. This does not apply to a private investigator conducting a "pretext," provided that the private investigator does not state that he is representing a private security business that does not exist or otherwise prohibited under federal laws.

16. Not violate any state or local ordinances related to private security services.

17. Not provide false or misleading information to representatives of the department.

18. Not use access to the department's database information for any other purpose than verifying employee's application status.

19. Not allow another to use access granted to the department's database for any purpose.

20. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

Part VI
Reinstatement and Renewal Extensions

6VAC20-172-130. Reinstatement.

A. Any business license or compliance agent certification not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be licensed or certified with the department to provide private security services.

B. A renewal application must be received by the department within 60 days following the expiration date of the license or certification in order to be reinstated by the department providing all renewal requirements have been met. Prior to reinstatement the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid certification or license, including during the reinstatement period.

C. No license or certification shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date of the license or certification. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

E. When a license or certification is reinstated, the applicant shall continue to have the same DCJS number and shall be assigned an expiration date two years from the previous expiration date of the license or certification.

F. An applicant who reinstates shall be regarded as having been continuously licensed or certified without interruption. Therefore, the applicant shall remain under the disciplinary authority of the department during this entire period and may be held accountable for his activities during this period.

G. A person who fails to reinstate his license or certification shall be regarded as unlicensed or uncertified from the expiration date of the license or certification forward.

H. Nothing in this chapter shall divest the department of its authority to discipline a person for a violation of the law or regulations during the period of time for which the person was licensed or certified.

6VAC20-172-140. Renewal extension.

A. An extension of the time period to meet renewal requirements may be approved only under specific circumstances that do not allow private security personnel or businesses to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury;

3. Military or foreign service; or

4. Any emergency temporary assignment of private security personnel for purposes of natural disaster, homeland security, or documented threat by the private security services business for which he is employed.

B. A request for extension shall:

1. Be submitted in writing, dated, and signed by the individual or principal of a licensed entity prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department based on an evaluation of the justification for waiver;

2. Indicate the projected date the person or business will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness, a copy of the government orders, or documentation of emergency temporary assignment.

C. Applications for additional extensions may be approved upon written request of the person or business.

D. The total time for renewal extension, including additional extensions, shall not exceed 12 months beyond the original expiration date. If renewal requirements are not met during the period of extension, the individual must complete all initial training requirements to include applicable entry-level training.

E. The private security services person or business shall be nonoperational during the period of extension unless (i) otherwise issued a temporary exemption and (ii) authorized by the department pursuant to § 9.1-139 of the Code of Virginia.

Part VII
Sanctions; Exemptions; Recognition; Reciprocity

6VAC20-172-150. Denial, probation, suspension, and revocation.

A. The department may deny a license or certification in which any person or principal of an applying business has been convicted in any jurisdiction of any felony or of a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The record of a conviction, authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted, shall be admissible as prima facie evidence of such conviction.

B. The department may deny a license or certification in which any person or principal of an applying business (i) has not maintained good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field; (ii) has had his license, registration, or certification denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) has otherwise been disciplined in connection with a disciplinary action prior to applying for licensing, registration, or certification in Virginia.

C. Any false or misleading statement on any state application or supporting documentation is grounds for denial or revocation and may be subject to criminal prosecution.

D. The department may deny licensure or certification for other just cause.

E. A licensee or compliance agent shall be subject to disciplinary action for violations or noncompliance with the Code of Virginia or this chapter. Disciplinary action shall be in accordance with procedures prescribed by the Administrative Process Act. The disciplinary action may include but is not limited to a letter of censure, fine, probation, suspension, or revocation.

F. If a registrant or certified person is subject to disciplinary action for violations or noncompliance with the Code of Virginia, 6VAC20-174, or this chapter, the department will notify the last known licensed private security services business by which the registrant or certified person was employed or affiliated.

6VAC20-172-160. Exemptions; recognition and reciprocity.

A. The department may grant a temporary exemption from the requirements for licensing or certification for a period of not more than 30 days in a situation deemed an emergency by the department.

B. The department may recognize administrative and application requirements for licensing or certification based on agreements that have been entered into with other states and approved by the board.

Part VIII
Complaints; Department Action and Sanctions; Adjudication

6VAC20-172-170. Complaint submittal requirements.

A. In accordance with § 9.1-141 of the Code of Virginia, this chapter establishes standards designed to secure the public safety and welfare against incompetent or unqualified persons engaging in private security services. It shall be the responsibility of the licensee, its compliance agents, and its employees to provide private security services in a professional and ethical manner utilizing sound business practices.

B. Any aggrieved or interested person may file a complaint against any individual, person, firm, or licensed firm whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing private security services or this chapter.

C. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, and providing sufficient detailed information for the department to conduct an investigation; or

3. By telephone, providing the complaint alleges activities that constitute a life-threatening situation or have resulted in personal injury or loss to the public or to a consumer or that may result in imminent harm or personal injury and that provide sufficient detailed information for the department to conduct an investigation.

6VAC20-172-180. Department investigation.

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this chapter.

B. Documentation.

1. Persons regulated or required to be regulated by this chapter pursuant to the Code of Virginia are required to provide department investigators with any and all records required to be maintained by this chapter.

a. This shall not be construed to authorize the department to demand records protected under applicable federal and state laws. If such records are necessary to complete an investigation, the department may seek a subpoena to satisfy the request.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this chapter.

2. The department shall endeavor to keep any documentation, evidence, or information on an investigation confidential until such time as adjudication has been completed, at which time information may be released upon request pursuant to applicable federal and state laws or regulations.

6VAC20-172-190. Disciplinary action; sanctions; publication of records.

A. Each person subject to jurisdiction of this chapter who violates any statute or regulation pertaining to private security services shall be subject to sanctions imposed by the department regardless of criminal prosecution.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation of or in noncompliance with the Code of Virginia or this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of license, certification, or approval granted for any period of time;

4. Revocation;

5. Refusal to issue, renew, or reinstate a license, certification, or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted;

7. Remedial training; or

8. Conditional agreements.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this chapter but do not hold a valid license or certification. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director may summarily suspend a license or certification under this chapter without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations of the licensee or certified person would constitute a life-threatening situation, has resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm, personal injury, or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all persons, licensees, firms, compliance agents, and licensed firms whose conduct and activities are subject to this chapter and have been sanctioned or denied licensure, certification, or approval.

6VAC20-172-200. Fines; administrative and investigative costs.

A. The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation, or denial of any license or certification. Such costs shall be in addition to any monetary penalty that may be imposed.

B. All monetary penalties imposed as a sanction shall be deposited into the state treasury to the credit of the State Literary Fund.

6VAC20-172-210. Hearing process.

Following a preliminary investigative process, the department may initiate action to resolve the complaint through an informal fact-finding conference or formal hearing as established in this chapter. Pursuant to the authority conferred in § 9.1-141 C 6 of the Code of Virginia and in accordance with the procedures set forth by the Administrative Process Act and the procedures prescribed in this part, the department is empowered to receive, review, investigate, and adjudicate complaints concerning the conduct of any person whose activities are regulated by the board. The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.

6VAC20-172-220. Informal fact-finding conference.

The purpose of an informal fact-finding conference is to resolve allegations through informal consultation and negotiation. Informal fact-finding conferences shall be conducted in accordance with § 2.2-4019 of the Code of Virginia. The respondent, the person against whom the complaint is filed, may appeal the decision of an informal fact-finding conference and request a formal hearing, provided that written notification is given to the department within 30 days of the date the informal fact-finding decision notice was served, or the date it was mailed to the respondent, whichever occurred first. In the event the informal fact-finding decision was served by mail, three days shall be added to that period.

6VAC20-172-230. Formal hearing.

A. Formal hearing proceedings may be initiated in any case in which the basic laws provide expressly for a case decision, or in any case to the extent the informal fact-finding conference has not been conducted or an appeal thereto has been timely received. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia. The findings and decision of the director resulting from a formal hearing may be appealed to the board.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine or to suspend, revoke, or deny issuance or renewal of any license, certification, or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such license, certification, or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

6VAC20-172-240. Appeals.

The findings and the decision of the director may be appealed to the board provided that written notification is given to the attention of the Director, Department of Criminal Justice Services, within 30 days following the date notification of the hearing decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

6VAC20-172-250. Court review; appeal of final agency order.

A. The agency's final administrative decision (final agency order) may be appealed. Any person affected by and claiming the unlawfulness of the agency's final case decision shall have the right to the direct review thereof by an appropriate and timely court action. Such appeal actions shall be initiated in the circuit court of jurisdiction in which the party applying for review resides; however, if such party is not a resident of Virginia, the venue shall be in the City of Richmond, Virginia.

B. Notification shall be given to the attention of the Director, Department of Criminal Justice Services, in writing within 30 days of the date notification of the board decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect, unless the court issues a stay of the order.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (6VAC20-172)

Business

Private Security Services - Business Compliance Inspection Form (eff. 10/12)

Private Security Services - Irrevocable Consent for Service Form (eff. 10/12)

Private Security Services - Initial Business License Application (eff. 10/12)

Private Security Services - Renewal Business License Application (eff. 10/12)

Private Security Services - Bond (eff. 10/12)

Private Security Services - Compliance Agent Designation and Acceptance Form (eff. 10/12)

Private Security Services - Additional License Category Application (eff. 10/12)

Private Security Services - Address Change Form for Businesses (eff. 10/12)

Compliance Agent

Compliance Agent - Training and Certification (eff. 10/12)

Compliance Agent - In-Service Training Enrollment (eff. 10/12)

Compliance Agent - Certification Application and Online Training Exemption Form (eff. 10/12)

Fingerprint Processing

DCJS Fingerprint Cards Order Form (undated)

Fingerprint Processing Application (eff. 10/12)

Criminal History Supplemental Form (eff. 10/12)

Fingerprint Application Instructions (eff. 10/12)

Acceptable Documents for Verifying Legal Presence/Name Change (eff. 10/12)

Miscellaneous

Complaint Form (eff. 10/12)

Firearms Discharge Report (eff. 10/12)

Request for Extension Form (eff. 10/12)

Individual Address Change Form (eff. 10/12)

Credit Card Authorization Form (eff. 10/12)

CHAPTER 173
REGULATIONS RELATING TO PRIVATE SECURITY SERVICES TRAINING SCHOOLS

Part I
Definitions

6VAC20-173-10. Definitions.

In addition to the words and terms defined in § 9.1-138 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Assistant training school director" means a certified instructor designated by a private security training school director to submit training school session notifications and training rosters and perform administrative duties in lieu of the director.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Certified training school" means a training school that is certified by the department for the specific purpose of training private security services business personnel in at least one category of the compulsory minimum training standards as set forth by the board

"Class" means a block of instruction no less than 50 minutes in length on a particular subject.

"Classroom training" means instruction conducted in person by an instructor to students in an organized manner utilizing a lesson plan.

"Date of hire" means the date any employee of a private security services business or training school performs services regulated or required to be regulated by the department.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Electronic images" means an acceptable method of maintaining required documentation through the scanning, storage, and maintenance of verifiable electronic copies of original documentation.

"Entry-level training" means the compulsory initial training for regulated categories and basic or intermediate firearms training standards adopted by the board for private security services business personnel who are either new registrants or failed to timely complete in-service training or firearms retraining within the prescribed time period.

"Firearms endorsement" means a method of regulation that identifies an individual registered as a private security registrant and has successfully completed the annual firearms training and has met the requirements as set forth in 6VAC20-174.

"Firm" means a business entity, regardless of method of organization, applying for an initial or renewal private security services business license or private security services training school certification.

"Incident" means an event that exceeds the normal extent of one's duties.

"In-service training requirement" means the compulsory in-service training standards adopted by the Criminal Justice Services Board for private security services business personnel.

"Intermediate weapon" means a tool not fundamentally designed to cause deadly force with conventional use. This would exclude all metal ammunition firearms or edged weapons. These weapons include but are not limited to baton/collapsible baton, chemical irritants, electronic restraining devices, projectiles, and other less lethal weapons as defined by the department.

"Job-related training" means training specifically related to the daily job functions of a given category of registration or certification.

"Learning management system" or "LMS" means a software application or web-based technology used to plan, implement, monitor, and assess a specific learning process.

"Network administrator" means an individual designated by a certified training school that provides online training who serves as the technical contact between the department and the certified training school.

"Official documentation" means personnel records; Certificate of Release or Discharge from Active Duty (DD214); copies of business licenses indicating ownership; law-enforcement transcripts; certificates of training completion; a signed letter provided directly by a current or previous employer detailing dates of employment and job duties; college transcripts; letters of commendation; private security services registrations, certifications or licenses from other states; and other employment, training, or experience verification documents. A resume is not considered official documentation.

"On duty" means the time during which private security services business personnel receive or are entitled to receive compensation for employment for which a registration or certification is required.

"Online training" means training approved by the department and offered via the Internet or an Intranet for the purpose of remote access on-demand or distance training that meets all requirements for compulsory minimum training standards.

"Performance of his duties" means on duty in the context of this chapter.

"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.

"Physical address" means the location of the building that houses a private security services business or training school or the location where the individual principals of a business reside. A post office box is not a physical address.

"Principal" means any sole proprietor, individual listed as an officer or director with the Virginia State Corporation Commission, board member of the association, or partner of a licensed firm, or applicant for licensure.

"Private security services business personnel" means each employee of a private security services business who is employed as an unarmed security officer, an armed security officer/courier, an armored car personnel, a security canine handler, a detector canine handler, a private investigator, a personal protection specialist, an alarm respondent, locksmith, a central station dispatcher, an electronic security employee, an electronic security sales representative, an electronic security technician, or electronic security technician's assistant.

"Reciprocity" means the relation existing between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Recognition" means the relation of accepting various application requirements between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Related field" means any field with training requirements, job duties, and experience similar to those of the private security services field in which the applicant wishes to be licensed, certified, or registered. This term includes law enforcement and certain categories of the military.

"Session" means a group of classes comprising the total hours of mandated compulsory minimum training standards in any of the categories of licensure, registration, or certification in accordance with this article and in accordance with §§ 9.1-141, 9.1-150.2, 9.1-185.2, and 9.1-186.2 of the Code of Virginia.

"This chapter" means the Regulations Relating to Private Security Services Training Schools (6VAC20-173).

"Training certification" means verification of the successful completion of any training requirement established by the board.

"Training requirement" means any entry level, in-service, or firearms training or retraining standard established by the board.

"Training school director" means a natural person designated by a principal of a certified private security services training school to assure the compliance of the private security services training school with all applicable requirements as provided in the Code of Virginia and this chapter.

Part II
Application Fees

6VAC20-173-20. Application fees.

A. Schedule of fees. The fees listed below reflect the costs of handling, issuance, and production associated with administering and processing applications for certification and other administrative requests for services relating to private security services.

CATEGORIES

FEES

CRIMINAL HISTORY RECORDS CHECK

Fingerprint processing

$50

CERTIFICATIONS

Initial training school

$800

Training school renewal

$500

Training school category

$50

Initial instructor certification

$50

Instructor certification renewal

$25

Instructor certification category

$10

Initial detector canine handler examiner certification

$50

Detector canine handler examiner certification renewal

$25

Replacement card

$20

TRAINING RELATED

Entry-level training exemption

$25

In-service training alternative credit evaluation

$25

Training completion roster form

$30

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for certification renewal applications not received on or before the expiration date of the expiring certification.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the certification or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the certification or authority it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the person may request that the suspended certification or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

D. Manual processing service fee. The department shall collect a $5.00 service fee for any applications under this chapter that are submitted to the department by other means than the available electronic methods established by the department.

Part III
Criminal History Records Search

6VAC20-173-30. Fingerprint processing.

A. On or before the first date of hire, each person applying for certification as a private security services training school, a detector canine handler examiner, or an instructor shall submit to the department:

1. One completed fingerprint card provided by the department or another electronic method approved by the department;

2. A fingerprint processing application;

3. The applicable, nonrefundable fee; and

4. All criminal history conviction information on a form provided by the department.

B. The department shall submit those fingerprints to the Virginia State Police for the purpose of conducting a Virginia Criminal History Records search and a National Criminal Records search to determine whether the individual or individuals have a record of conviction.

C. Fingerprint cards found to be unclassifiable will suspend all action on the application pending the resubmission of a classifiable fingerprint card. The applicant shall be so notified in writing and must submit a new fingerprint card within 30 days of notification before the processing of his application shall resume. If a fingerprint card is not submitted within the 30 days, the initial fingerprint application process will be required to include applicable application fees.

D. If the applicant is denied by DCJS, the department will notify the applicant by letter regarding the reasons for the denial.

E. Fingerprint applications will be active for 120 days from the date of submittal. Applications for certifications must be submitted within that 120-day period or initial fingerprint submittal will be required.

Part IV
Training School Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-173-40. Initial training school application.

A. Prior to the issuance of a training school certification, the applicant shall meet or exceed the requirements of certification and application submittal to the department as set forth in this section.

B. Each person seeking certification as a private security services training school shall file a completed application provided by the department to include:

1. For each principal of the applying training school, the principal's fingerprints pursuant to this chapter;

2. Documentation verifying that the applicant has secured a surety bond in the amount of $100,000 executed by a surety company authorized to do business in Virginia, or a certificate of insurance reflecting the department as a certificate holder, showing a policy of comprehensive general liability insurance with a minimum coverage of $100,000 per individual occurrence and $300,000 general aggregate issued by an insurance company authorized to do business in Virginia;

3. For each nonresident applicant for a training school, on a form provided by the department, a completed irrevocable consent for the department to serve as service agent for all actions filed in any court in this Commonwealth;

4. For each applicant for certification as a private security services training school except sole proprietor and partnership, on a certification application provided by the department, the identification number issued by the Virginia State Corporation Commission for verification that the entity is authorized to conduct business in the Commonwealth;

5. A physical location in Virginia where records required to be maintained by the Code of Virginia and this chapter are kept and available for inspection by the department. A post office box is not a physical location;

6. On the training school certification application, designation of at least one individual as training director who is not designated as training director for any other training school, and who is certified as an instructor pursuant to this chapter. A maximum of four individuals may be designated as an assistant training school director;

7. A copy of the curriculum in course outline format for each category of training to be offered, including the hours of instruction with initial and in-service courses on separate documents;

8. A copy of the training school regulations;

9. A copy of the range regulations to include the assigned DCJS range identification number if firearms training will be offered;

10. On the certification application, selection of the category of training the applicant is seeking to provide. The initial training school certification application fee includes one category. A separate fee will be charged for each additional category of training. The separate categories are identified as follows: (i) security officers/couriers/alarm respondents (armed and unarmed) to include arrest authority, (ii) private investigators, (iii) locksmiths and electronic security personnel to include central station dispatchers, (iv) armored car personnel, (v) personal protection specialists, (vi) detector canine handlers and security canine handlers, (vii) special conservators of the peace pursuant to § 9.1-150.1 of the Code of Virginia, (viii) bail bondsmen pursuant to § 9.1-185 of the Code of Virginia and bail enforcement agents pursuant to § 9.1-186 of the Code of Virginia, and (ix) firearms;

11. The applicable, nonrefundable category fee; and

12. The applicable, nonrefundable training school certification application fee.

C. When the department has received and processed a completed application and accompanying material, the department may inspect the training facilities, including an inspection of the firearms range, if applicable, to ensure conformity with the minimum requirements set forth in 6VAC20-174 and this chapter.

D. Upon completion of the initial training school application requirements, the department may issue an initial certification for a period not to exceed 24 months.

E. The department may issue a letter of temporary certification to training schools for not more than 120 days while awaiting the results of the state and national fingerprint search conducted on the principals and training director of the business, provided that the applicant has met the necessary conditions and requirements.

F. A new certification is required whenever there is any change in the ownership or type of organization of the certified entity that results in the creation of a new legal entity. Such changes include but are not limited to:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Formation or dissolution of a corporation, a limited liability company, or an association or any other business entity recognized under the laws of the Commonwealth of Virginia.

G. Each certification shall be issued to the legal entity named on the application, whether it is a sole proprietorship, partnership, corporation, or other legal entity, and shall be valid only for the legal entity named on the certification. No certification shall be assigned or otherwise transferred to another legal entity.

H. Each certified training school shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-173-50. Renewal training school application.

A. Applications for certification renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address or email address provided by the certified training school. However, if a renewal notification is not received by the training school, it is the responsibility of the training school to ensure renewal requirements are filed with the department. Certification renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees. Outstanding fees or monetary penalties owed to DCJS must be paid prior to issuance of said renewal.

B. Upon completion of the renewal training school application requirements, the department may issue a renewal certification for a period not to exceed 24 months.

C. The department may renew a certification when the following are received by the department:

1. A properly completed renewal application;

2. Documentation verifying that the applicant has secured and maintained a surety bond in the amount of $100,000 executed by a surety company authorized to do business in Virginia, or a certificate of insurance reflecting the department as a certificate holder, showing a policy of comprehensive general liability insurance with a minimum coverage of $100,000 per individual occurrence and $300,000 general aggregate issued by an insurance company authorized to do business in Virginia;

3. On the application, designation of at least one certified instructor as training director who has satisfactorily completed all applicable training requirements;

4. Fingerprints for each new and additional principal pursuant to § 9.1-139 H of the Code of Virginia;

5. The applicable, nonrefundable certification renewal fee and category fees; and

6. Any documentation required for any new categories of training.

D. Each training school applying for a certification renewal shall be in good standing in every jurisdiction where licensed, registered, or certified in private security services or related field. This subsection shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

E. Any renewal application received after the expiration date of a certification shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

6VAC20-173-60. General requirements.

All private security services certified training schools are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

6VAC20-173-70. Training school administrative requirements.

A training school shall:

1. Maintain at all times with the department its physical address and email address if applicable. A post office box is not a physical address. Notification of any change shall be in writing and received by the department no later than 10 days after the effective date of the change.

2. Employ at all times one individual designated as training director who is currently certified as an instructor pursuant to this chapter and who is not currently designated as training director for another training school. A training school may designate a maximum of four individuals as assistant training school directors.

3. Upon termination of the services of a certified instructor, notify the department in writing within 10 calendar days. Should the instructor also be designated as the training director for the training school, this notification shall include the name of the instructor responsible for the training school's adherence to applicable administrative requirements and standards of conduct during the period of training director replacement.

4. Within 90 days of termination of employment of the sole remaining training director, submit the name of a new instructor eligible for designation pursuant to this chapter and who is not currently designated for another training school. Individuals not currently eligible may pursue certification pursuant to this chapter. Such notification shall be in writing and signed by a principal of the training school and the designated training director.

5. Notify the department in writing of any certified instructors or subject matter specialists eligible to provide instruction at the training school. The notification shall be received by the department prior to the individual conducting any training for the training school and signed by the training school director and the designated instructor or subject matter specialist.

6. Prominently display at all times, in a conspicuous place where the public has access, the training school certification issued by the department.

7. Maintain at all times current liability coverage at least in the minimum amounts prescribed by the application requirements of this chapter. Each day of uninsured activity would be construed as an individual violation of this requirement.

8. Inform the department in writing within 10 days of any principal, partner, officer, instructor, or employee regulated or required to be regulated by this chapter pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

9. Inform the department in writing within 10 days of any principal, partner, officer, instructor, or employee regulated or required to be regulated by this chapter having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

10. Report in writing to the department any change in its ownership or principals that does not result in the creation of a new legal entity. Such written report shall be received by the department within 10 days after the occurrence of such change to include fingerprint cards submitted pursuant to this chapter.

11. Maintain at all times with the department its current operating name and fictitious names. Any name change reports shall be submitted in writing within 10 days after the occurrence of such change and accompanied by certified true copies of the documents that establish the name change.

12. Report in writing to the department any change in the entity of the training school that results in continued operation requiring a certification. Such written report shall be received by the department within 10 days after the occurrence of such change.

13. Maintain written authorization from the department for any subject matter specialists being used to provide instruction.

14. Develop lesson plans for each training curriculum and subject being offered in accordance with the topical outlines submitted to the department to include hours of instruction as set forth in 6VAC20-174.

15. Maintain comprehensive and current lesson plans for each entry level training curriculum and subject being offered.

16. Maintain comprehensive and current lesson plans for each in-service training curriculum and subject being offered.

17. Maintain comprehensive and current lesson plans for each firearms training curriculum and subject being offered.

18. Date all lesson plans and handout material, including the initial date of development and subsequent revisions.

19. Ensure that current copies of the following requirements are provided to and maintained with the department, including:

a. A list of all training locations used by the training school, excluding hotel or motel facilities;

b. A list of all firing range names and locations;

c. A list of all subject matter specialists currently employed or otherwise utilized; and

d. Copies of current topical outlines for all lesson plans and curriculums. The lesson plans and subsequent course outlines shall include (i) specific reference to the course content involving the Code of Virginia, 6VAC20-174, and this chapter and (ii) the hours of instruction.

20. Ensure that range qualification for all firearms training is completed pursuant to the requirements set forth in 6VAC20-174 except with written authorization from the department.

21. On a form provided by the department and within 10 calendar days of an incident, submit a report of any incident in which any instructor, student, or employee has discharged a firearm while on duty, excluding any training exercise.

22. Not act as or be a certified training school for undisclosed persons who directly or indirectly control the operation of the training school.

23. Inform the department and compliance agent of the employing business if applicable, in a format prescribed by the department, within seven days of any person regulated by the board who fails to requalify with a minimum passing score on the range.

6VAC20-173-80. Training school standards of conduct.

A training school shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Ensure that the owners, principals, training directors, and all instructors employed by the training school conform to all applicable application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia and this chapter.

3. Utilize only certified instructors or other individuals eligible to provide instruction pursuant to this chapter in the conduct of private security training sessions.

4. Maintain current files that include copies or electronic images of attendance records, a master final examination, pass/fail recording of examination and firearms qualification scores, training completion rosters, and training completion forms for each student for three years from the date of the training session in which the individual student was enrolled.

5. Permit the department during regular business hours to inspect, review, or copy those documents, electronic images, business records, or training records that are required to be maintained by the Code of Virginia and this chapter.

6. Permit the department to inspect and observe any training session. Certified training schools that conduct training sessions not located within Virginia may be required to pay the expenses of inspection and review.

7. Include the training school certification number issued by the department on all business advertising materials pursuant to the Code of Virginia.

8. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-172, 6VAC20-174, or this chapter.

9. Not commit any act or omission that results in a private security license, registration, or certification being suspended, revoked, or not renewed or the licensee, registrant, or certificate holder otherwise being disciplined in any jurisdiction.

10. Ensure that the owners, principals, training directors, and all instructors employed by the training school have not been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

11. Not obtain or aid and abet others to obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

12. Conduct entry-level and in-service training sessions separately. In-service subjects and curriculums may not be incorporated or included as a part of the entry-level subjects and curriculums unless otherwise authorized by the department.

13. Not conduct a private security services training school in such a manner as to endanger the public health, safety, and welfare.

14. Not falsify, or aid and abet others in falsifying, training records for the purpose of obtaining a license, registration, certification, or certification as a compliance agent, training school, school director, or instructor.

15. Not represent as one's own a certification issued to another private security services training school.

16. Not perform any unlawful or negligent act resulting in loss, injury, or death to any person.

17. Not use or display the state seal of Virginia, or any portion thereof, as a part of any logo, stationery, business card, badge, patch, insignia, or other form of identification or advertisement.

18. Not use or display the seal of the Department of Criminal Justice Services, or any portion thereof, or the seal of any political subdivision of the Commonwealth, or any portion thereof, as a part of the training school's logo, stationery, letter, training document, business card, badge, patch, insignia, or other form of identification or advertisement.

19. Not engage in acts of unprofessional conduct in the practice of private security services.

20. Not engage in acts of negligent or incompetent private security services.

21. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

22. Not violate any state or local ordinances related to private security services.

23. Satisfy all judgments to include binding arbitrations related to private security services not provided.

24. Not publish or cause to be published any material relating to private security services that contains an assertion, representation, or statement of fact that is false, deceptive, or misleading.

25. Not provide false or misleading information to representatives of the department.

26. Not act as or be an ostensible certified training school for undisclosed persons who do or will control directly or indirectly the operations of the training school.

27. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

Part V
Instructor Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-173-90. Initial instructor application.

A. Each person applying for certification as an instructor shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Have a high school diploma or equivalent (GED);

3. Have either (i) successfully completed a DCJS instructor development course within the three years immediately preceding the date of the application or submitted a waiver application for an instructor development course that meets or exceeds standards established by the department or (ii) successfully completed an approved DCJS instructor development program longer than three years prior to the date of application and provided documented instruction during the three years immediately preceding or provided documented instruction in a related field at an institution of higher learning;

4. Have a minimum of (i) three years management or supervisory experience with a private security services business; with any federal, military police, state, county, or municipal law-enforcement agency; or in a related field; (ii) five years general experience in a private security services business; with a federal, state or local law-enforcement agency; or in a related field; or (iii) one year experience as an instructor or teacher at an accredited educational institution or agency in the subject matter for which certification is requested or in a related field;

5. Have previous training and a minimum of two years work experience for those subjects in which certification is requested; and

6. Be a United States citizen or legal resident alien of the United States.

B. Each person applying for certification as an instructor shall file with the department:

1. A properly completed application provided by the department;

2. Fingerprint card pursuant to this chapter;

3. Official documentation verifying that the applicant meets the minimum eligibility requirements pursuant to this section;

4. On the certification application, selection of the category of training the applicant is seeking to provide. The initial instructor certification fee includes one category. A separate fee will be charged for each additional category of training. The separate categories are identified as follows: (i) security officers/couriers/alarm respondent (armed and unarmed) to include arrest authority, (ii) private investigators, (iii) locksmiths and electronic security personnel to include central station dispatchers, (iv) armored car personnel, (v) personal protection specialists, (vi) detector canine handlers and security canine handlers, (vii) special conservators of the peace pursuant to § 9.1-150.1 of the Code of Virginia, (viii) bail bondsmen pursuant to § 9.1-185 of the Code of Virginia and bail enforcement agents pursuant to § 9.1-186 of the Code of Virginia, and (ix) firearms;

5. The nonrefundable instructor certification application fee and category fee or fees if applicable; and

6. Evidence of status as a United States citizen or legal resident alien of the United States.

C. In addition to the instructor qualification requirements described in subsections A and B of this section, each applicant for certification as a firearms instructor shall submit to the department:

1. Official documentation that the applicant has successfully completed a DCJS firearms instructor school or a waiver application with supporting documentation demonstrating completion of a firearms instructor school specifically designed for law-enforcement or private security personnel that meets or exceeds standards established by the department within the three years immediately preceding the date of the instructor application.

2. Official documentation, in the form of a signed, dated range sheet with the qualification score and course of fire as prescribed in the firearms training requirements in 6VAC20-174, that the applicant has successfully qualified, with a minimum range qualification of 85%, with each of the following:

a. A revolver;

b. A semi-automatic handgun; and

c. A shotgun.

Firearms instructors applying to provide patrol rifle training must submit official documentation in the form of a signed, dated range sheet that the applicant has successfully qualified, with a minimum range qualification of 85%, with a patrol rifle.

Range qualifications must have been completed within the 12 months immediately preceding the instructor application date and have been completed at a Virginia criminal justice agency, training academy, correctional facility, or a department approved range utilized by a certified private security training school. The qualifications must be documented by another instructor certified as a law-enforcement firearms instructor or private security services firearms instructor.

The firearms instructor training must have been completed within the three years immediately preceding the date of the instructor application, or in the event that the school completion occurred prior to three years, the applicant shall have provided firearms instruction during the three years immediately preceding the date of the instructor application.

D. Upon completion of the initial instructor application requirements, the department may issue an initial certification for a period not to exceed 24 months.

E. The department may issue a letter of temporary certification to instructors for not more than 120 days while awaiting the results of the state and national fingerprint search provided the applicant has met the necessary conditions and requirements.

F. Each certification shall be issued to the individual named on the application and shall be valid only for use by that individual. No certification shall be assigned or otherwise transferred to another individual.

G. Each instructor shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-173-100. Renewal instructor application.

A. Applications for certification renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address or email address provided by the certified instructor. However, if a renewal notification is not received by the instructor, it is the responsibility of the instructor to ensure renewal requirements are filed with the department. Certification renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for instructor certification renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully complete a minimum of four hours of continuing education in instructor development. Training must be completed within the 12 months immediately preceding the expiration date of the current certification; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a certification for a period not to exceed 24 months.

D. The department may renew a certification when the following are received by the department:

1. A properly completed renewal application provided by the department;

2. The nonrefundable certification renewal fee and applicable category fees;

3. Any documentation required for any new categories of training;

4. Verification of satisfactory completion of instructor development continuing education requirements; and

5. For firearms instructors, official documentation in the form of a signed, dated range sheet along with the qualification score and course of fire as prescribed in the firearms training qualifications in 6VAC20-174, with a minimum range qualification of 85%, with each of the following:

a. A revolver;

b. A semi-automatic handgun; and

c. A shotgun.

Firearms instructors applying to provide patrol rifle training must submit official documentation in the form of a signed, dated range sheet that the applicant has successfully qualified, with a minimum range qualification of 85%, with a patrol rifle.

Range qualifications must have been completed within the 12 months immediately preceding the instructor application date and have been completed at a Virginia criminal justice agency, training academy, correctional facility, or a department approved range utilized by a certified private security training school. The qualifications must be documented by another instructor certified as a law-enforcement firearms instructor or private security services firearms instructor.

E. Any instructor renewal application received by the department shall meet all renewal requirements prior to the expiration date of a certification or shall be subject to the requirements set forth by the reinstatement provisions pursuant to this chapter.

6VAC20-173-110. Instructor administrative requirements and standards of conduct.

All private security services certified personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter. An instructor shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Maintain at all times with the department his mailing address and email address if applicable. Notification of any address change shall be in writing and received by the department no later than 10 days after the effective date of the change.

3. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

4. Inform the department, and the training school for which the individual is designated as an instructor if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

5. Inform the department, and the training school for which the individual is designated as instructor if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

6. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-172, 6VAC20-174, or this chapter.

7. Not commit any act or omission that results in a private security license, registration, or certification as defined in the § 9.1-138 of the Code of Virginia being suspended, revoked, or not renewed or the licensee, registrant, or certificate holder otherwise being disciplined in any jurisdiction.

8. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

9. Conduct training sessions pursuant to requirements established in this chapter.

10. Notify the department within 10 calendar days following termination of his employment as instructor for the training school.

11. Not engage in acts of unprofessional conduct in the practice of private security services.

12. Not engage in acts of negligent or incompetent private security services.

13. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

14. Not violate any state or local ordinances relating to private security services.

15. Maintain documentation of successful completion of a minimum of two hours of professional development for topics related to each category of instructor certification as established in this chapter during each certification period or successful completion of compulsory in-service training by another private security services certified instructor if also registered in the same categories.

16. Not publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading.

17. Not provide false or misleading information to representatives of the department.

18. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

19. Transport, carry, and utilize firearms while on duty only in a manner that does not endanger the public health, safety, and welfare.

20. Report in writing to the training school director within 24 hours of any person regulated by the board who fails to requalify with a minimum passing score on the range.

21. Provide any person who fails to requalify with a minimum passing score on the range with a failure to requalify notice provided by the department.

6VAC20-173-120. Designated training school director administrative requirements and standards.

All private security services certified personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter. A training school director shall:

1. Ensure that the certified training school and all employees regulated or required to be regulated by this chapter conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia and this chapter.

2. Conform to all application requirements, administrative requirements, and standards of conduct as a certified instructor pursuant to the Code of Virginia and this chapter.

3. Maintain documentation for all employees or persons otherwise utilized that verifies compliance with requirements pursuant to the Code of Virginia and this chapter.

4. Notify the department in writing within 10 calendar days following termination of his employment as training director for the certified training school.

5. Use access to the department's database information only for the purpose of verifying employed instructors' or students' application status.

6. Not allow another to use access granted to the department's database for any purpose.

7. Inform the department and compliance agent of the employing business if applicable, in a format prescribed by the department within seven days of any person regulated by the board, who fails to requalify with a minimum passing score on the range.

Part VI
Detector Canine Handler Examiner Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-173-130. Initial detector canine handler examiner certification application.

A. Each person applying for certification as a detector canine handler examiner shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Have a high school diploma or equivalent (GED);

3. Have a minimum of five years experience as a detector canine handler and a minimum of two years experience as a detector canine trainer within the previous 10 years prior to application with the department;

4. Have an active certification as a detector canine handler examiner or equivalent credential from a department-approved national organization, a unit of the United States military, or another formal entity; and

5. Be a United States citizen or legal resident alien of the United States.

B. Each person applying for certification as a detector canine handler examiner shall file with the department:

1. A properly completed application provided by the department;

2. Fingerprint card pursuant this chapter;

3. Official documentation according to subdivisions A 3 and A 4 of this section; and

4. The applicable, nonrefundable application fee.

C. Upon completion of the initial detector canine handler examiner application requirements, the department may issue an initial certification for a period not to exceed 24 months.

D. The department may issue a letter of temporary certification to detector canine handler examiners for not more than 120 days while awaiting the results of the state and national fingerprint search provided the applicant has met the necessary conditions and requirements.

E. Each certification shall be issued to the individual named on the application and shall be valid only for use by that individual. No certification shall be assigned or otherwise transferred to another individual.

F. Each detector canine handler examiner shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-173-140. Renewal detector canine handler examiner certification application.

A. Applications for certification renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address of the certified examiner. However, if a renewal notification is not received by the examiner, it is the responsibility of the examiner to ensure renewal requirements are filed with the department. Certification renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for examiner certification renewal shall meet the minimum requirements for eligibility as follows:

1. Have maintained certification as a detector canine handler examiner or equivalent credential according to the minimum eligibility requirements set forth in this chapter and demonstrate the completion of a minimum of 16 hours of continuing education during the previous certification period; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified in private security services or a related field. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a certification for a period not to exceed 24 months.

D. The department may renew a certification when the following are received by the department:

1. A properly completed renewal application provided by the department;

2. The applicable, nonrefundable certification renewal fee; and

3. Official documentation according to subsection B of this section.

E. Any examiner renewal application received by the department shall meet all renewal requirements prior to the expiration date of a certification or shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

6VAC20-173-150. Detector canine handler examiners administrative requirements and standards of conduct.

A. All private security services certified personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

B. Administrative requirements. An examiner shall:

1. Maintain at all times with the department his mailing address and email address if applicable. Notification of any address change shall be in writing and received by the department no later than 10 days after the effective date of the change.

2. Inform the department, and the business or training school for which the individual is employed if applicable, in writing within 10 days after pleading guilty or nolo contendere, and after being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

3. Inform the department and the licensed business or training school for which the individual is employed or utilized in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction .

4. Satisfy all judgments to include binding arbitrations related to private security services not provided.

5. Notify the department within 10 calendar days following termination of his employment as an examiner for a business or training school.

6. Conduct examinations in accordance with the standards of the Department of Defense Military Working Dog Program, Scientific Working Group on Dog and Orthogonal Detector Guidelines, or other nationally recognized organization approved by the department.

7. Notify the department within 10 calendar days following termination of any certification as a detector canine handler examiner or equivalent with any national organization, a unit of the United States military, or another formal entity involved with certifying, training, or setting standards for detection canines.

8. Notify the department in writing within 10 calendar days of determining that a detector canine handler or detector canine fails to successfully complete the certification examination as prescribed in 6VAC20-174.

9. Maintain documentation and a photograph of the examined detector canine team for three years for all examinations conducted that verifies compliance with requirements pursuant to the Code of Virginia, 6VAC20-174, and this chapter.

10. Utilize only department-approved certification examinations for the testing and certification of detector canine teams.

C. Standards of conduct. An examiner shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms,. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

3. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-172, 6VAC20-174, or this chapter.

4. Not commit any act or omission that results in a private security license, registration, or certification being suspended, revoked, or not renewed or the licensee, registrant or certificate holder otherwise being disciplined in any jurisdiction.

5. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

6. Not engage in acts of unprofessional conduct in the practice of private security services.

7. Not engage in acts of negligent or incompetent private security services.

8. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

9. Not violate any state or local ordinances relating to private security services.

10. Not publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading.

11. Not provide false or misleading information to representatives of the department.

12. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

6VAC20-173-160. Instructor alternatives.

A. Subject matter specialist.

1. Training schools may employ or otherwise utilize individuals as subject matter specialists to provide instruction in specific areas of a training curriculum. During the approved portions of training, a certified instructor is not required to be present.

2. The training school shall obtain written authorization from the department prior to any subject matter specialist providing instruction. Written authorization may be requested by submitting on a form provided by the department:

a. A written request for authorization specifically outlining the requested subject matter; and

b. Documentation that supports the individual's credentials for instructing in the proposed subject matter.

3. The department may issue a written authorization for a period not to exceed 24 months.

B. Guest lecturer. Training schools may employ or otherwise utilize individuals as guest lecturers in specific areas of a training curriculum. A certified instructor is required to be present during all portions of training conducted by a guest lecturer.

6VAC20-173-170. Private security services training session.

A. Training sessions will be conducted in accordance with requirements established in this chapter. Adherence to the administrative requirements, attendance, and standards of conduct are the responsibility of the training school, training school director, and instructor of the training session.

B. Administrative requirements.

1. In a manner approved by the department, a notification to conduct a training session shall be submitted to the department. All notifications shall be received by the department, or postmarked if mailed, no less than seven calendar days prior to the beginning of each training session to include the date, time, instructors, and location of the training session. The department may allow a session to be conducted with less than seven calendar days of notification with prior approval. Session notifications require no fee from the training school. A notification to conduct a training session shall be deemed to be in compliance unless the training school director is notified by the department to the contrary.

2. Notification of any changes to the date, time, or location or cancellation of a future training session must be submitted to the department in writing and received by the department at least 24 hours in advance of the scheduled starting time of the class. In the event that a session must be canceled on the scheduled date, the department must be notified immediately followed by a cancellation in writing as soon as practical.

3. Course outline and training objectives must be approved by the department prior to offering a course of instruction for enrollment.

4. The training school director shall issue an original training completion form provided by the department to each student who satisfactorily completes a training session no later than five business days following the training completion date.

5. In a manner approved by the department, the training school director shall submit an original training completion roster to the department affirming each student's successful completion of the session. The training completion roster shall be received by the department within seven calendar days or, if mailed, postmarked no later than five business days following the training completion date and must be accompanied by the applicable, nonrefundable processing fee.

6. A written examination shall be administered at the conclusion of each entry-level training session. The examination shall be based on the applicable learning objectives. The student must attain a minimum grade of 70% for all entry-level training examinations and pass any applicable practical exercises to satisfactorily complete the training session.

7. Firearms classroom training shall be separately tested and graded. Individuals must achieve a minimum score of 70% on the firearms classroom training examination.

8. Failure to achieve a minimum score of 70% on the firearms classroom written examination will exclude the individual from the firearms range training.

9. To successfully complete the handgun or shotgun firearms range training, the individual must achieve a minimum qualification score of 75% of the scoring value of the target.

10. To successfully complete the advanced firearms range training, the individual must achieve a minimum qualification score of 92% of the scoring value of the target.

11. To successfully complete the patrol rifle firearms range training, the individual must achieve a minimum qualification score of 85% of the scoring value of the target.

C. Attendance.

1. Private security services business personnel enrolled in an approved training session are required to be present for the hours required for each training session unless they have been granted a partial exemption to training from the department.

2. Tardiness and absenteeism will not be permitted. Individuals violating these provisions will be required to make up any training missed. All training must be completed within the 12 months prior to application of a registration or certification. Individuals not completing the required training within this period are required to complete the entire training session.

3. Individuals who do not successfully complete the compulsory minimum training standards of the training session shall not be issued a training completion form or training certificate.

4. Each individual attending an approved training session shall comply with the regulations promulgated by the board and any other rules within the authority of the training school. If the training school director or instructor considers a violation of the rules detrimental to the training of other students or to involve cheating on examinations, the training school director or instructor may expel the individual from the school. Notification of such action shall immediately be reported to the employing firms and the department.

D. Standards of conduct.

1. The training school, training school director, and instructor shall at all times conform to the application requirements, administrative requirements, and standards of conduct established for certification as a training school and instructor.

2. Training sessions will be conducted by certified instructors or other individuals authorized to provide instruction pursuant to this chapter and each of whom must be present for all periods of instruction unless otherwise authorized by the department.

3. Training sessions will be conducted utilizing lesson plans developed including at a minimum the compulsory minimum training standards established by the board as prescribed in 6VAC20-174.

4. Instruction shall be provided in no less than 50-minute classes.

5. Training sessions shall not exceed nine hours of classroom instruction per day. Range qualification and practical exercises shall not be considered classroom instruction; however, total training, including the maximum allotment of nine hours classroom instruction and applicable range qualification and practical exercises, shall not exceed 12 hours per day. This does not include time allotted for breaks, meals, and testing.

6. All audiovisual training aids must be accompanied by a period of instruction where the instructor reviews the content of the presentation and the students are provided the opportunity to ask questions regarding the content.

7. A training session must adhere to the minimum compulsory training standards as set forth by the board and must be presented in its entirety. Training school directors may require additional hours of instruction, testing, or evaluation procedures.

8. A training session must provide accurate and current information to the students.

9. Mandated training that is not conducted in accordance with the Code of Virginia, 6VAC20-174, and this chapter is null and void.

10. A duplicate set of instructor course materials, including all student materials, shall be made available to any department inspector during the training session, if requested.

11. Certifiable in-service training may include a maximum of one hour of instruction dedicated to the review of regulations unless otherwise authorized by the department.

12. Live ammunition, pyrotechnics, and explosives are not to be utilized or present in any firearms training environment except on a firing range approved by the department.

6VAC20-173-180. Online in-service training programs.

Online training programs may only be offered for compulsory minimum in-service training requirements. Online training programs shall meet the following requirements:

1. All online schools shall maintain a private security services training school certification in good standing and meet all of the administrative requirements and standards of conduct specified in this chapter.

2. All online training courses must meet the minimum compulsory in-service training standards as prescribed in 6VAC20-174 to include topic and hour requirements.

3. All online training courses must provide that a private security services instructor certified in the category of training in which the course is being offered is available to the students during normal business hours.

4. All online training material to include complete course content, performance objectives, and other applicable instructional material of mandated compulsory training requirements must be approved by the department prior to offering a course of instruction for enrollment.

5. Certifiable in-service training may include a maximum of one hour of instruction dedicated to the review of regulations unless otherwise authorized by the department.

6. All online training course content, lesson plans, course objectives, and other applicable instructional material must be updated every two years to ensure curriculum is current.

7. All online training must be delivered through a learning management system capable of managing training records, delivering course content, monitoring participation, assessing performance, and creating and editing course content.

8. Students enrolled in an online training program shall successfully complete all course material within 30 days of the first log-on to the training school learning management system or prior to the registration or certification expiration date or final reinstatement date.

9. All online training must include assessment instruments that evaluate student performance.

10. Training schools offering online courses that accept credit card payments shall subscribe to an e-commerce solution service to protect the security and integrity of the monetary transaction.

11. The learning management system used by a certified training school shall allow the department auditing access to the training system. Such auditing access shall be available 24 hours a day, seven days a week.

12. The learning management system shall be capable of generating a unique electronic notification of training completion for each student completing the course requirements and each course of instruction on a 24-hour a day basis.

13. The training completion form shall include the following:

a. The name, a unique identification number, and address of the individual;

b. The name of the particular course that the individual completed;

c. Dates of course completion;

d. Name, address, telephone number, and license number of the training school; and

e. Name and DCJS identification number of the school director and primary instructor.

14. The learning management system shall be capable of generating a training certificate for each student and each course of instruction that can be printed by the student's computer and printer. This training certificate shall only be made available to the student upon successful completion of all course material.

15. The learning management system shall be capable of capturing and archiving student information for a period of not less than three years.

16. Training schools offering online training courses will designate one individual as the network administrator for that school's network server. The network administrator will be the technical contact between the department and the training school. Upon termination of the services of the designated network administrator, a new administrator shall be designated and notification made to the department within 10 days after effective date of the change.

Part VIII
Additional Category and Replacement Certification

6VAC20-173-190. Additional category application.

A. Individuals may apply for multiple certification categories during the initial application process by completing the applicable requirements for each category.

B. Certified individuals seeking to add categories to a current certification must:

1. Successfully complete all initial requirements for each additional certification category requested pursuant to this chapter;

2. Submit a properly completed application provided by the department; and

3. Submit the applicable, nonrefundable application fee.

6VAC20-173-200. Replacement certification.

Certified individuals seeking a replacement state-issued certification card shall submit to the department:

1. A properly completed application provided by the department; and

2. The applicable, nonrefundable application fee.

Part IX
Reinstatement and Renewal Extension

6VAC20-173-210. Reinstatement.

A. Any training school, instructor, or detector canine handler examiner certification not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be certified with the department to provide private security services.

B. A renewal application must be received by the department within 60 days following the expiration date of the certification in order to be reinstated by the department providing all renewal requirements have been met. Prior to reinstatement the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid certification including during the reinstatement period.

C. No certification shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date of the license. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

E. When a certification is reinstated, the applicant shall continue to have the same DCJS number and shall be assigned an expiration date two years from the previous expiration date of the certification.

F. An applicant who reinstates shall be regarded as having been continuously certified without interruption. Therefore, the applicant shall remain under the disciplinary authority of the department during this entire period and may be held accountable for his activities during this period.

G. A person who fails to reinstate his certification shall be regarded as uncertified from the expiration date of the certification forward.

H. Nothing in this chapter shall divest the department of its authority to discipline a person for a violation of the law or regulations during the period of time for which the person was certified.

6VAC20-173-220. Renewal extension.

A. An extension of the time period to meet renewal requirements may be approved only under specific circumstances that do not allow private security personnel or training schools to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury;

3. Military or foreign service; or

4. Any emergency temporary assignment of private security personnel for purposes of natural disaster, homeland security, or documented threat by the private security services training school for which he is employed.

B. A request for extension shall:

1. Be submitted in writing, dated, and signed by the individual or principal of a certified entity prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department based on an evaluation of the justification for waiver;

2. Indicate the projected date the person or training school will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness, a copy of the government orders, or documentation of emergency temporary assignment.

C. Applications for additional extensions may be approved upon written request of the person or training school.

D. The total time for renewal extension, including additional extensions, shall not exceed 12 months beyond the original expiration date. If renewal requirements are not met during the period of extension, the individual must complete all initial training requirements to include applicable entry-level training.

E. The private security services person or training school shall be nonoperational during the period of extension unless otherwise (i) issued a temporary exemption and (ii) authorized by the department pursuant to § 9.1-139 of the Code of Virginia.

Part X
Sanctions; Exemptions; Recognition/Reciprocity

6VAC20-173-230. Denial, probation, suspension, and revocation.

A. The department may deny a certification in which any person or principal of an applying training school has been convicted in any jurisdiction of any felony or of a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The record of a conviction, authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted, shall be admissible as prima facie evidence of such conviction.

B. The department may deny a certification in which any person or principal of an applying training school (i) has not maintained good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field; (ii) has had his license, registration, or certification denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) has otherwise been disciplined in connection with a disciplinary action prior to applying for licensing, registration, or certification in Virginia.

C. Any false or misleading statement on any state application or supporting documentation is grounds for denial or revocation and may be subject to criminal prosecution.

D. The department may deny certification for other just cause.

E. A training school, instructor, or detector canine handler examiner shall be subject to disciplinary action for violations or noncompliance with the Code of Virginia or this chapter. Disciplinary action shall be in accordance with procedures prescribed by the Administrative Process Act. The disciplinary action may include but is not limited to a letter of censure, fine, probation, suspension, or revocation.

F. If a certified person is subject to disciplinary action for violations or noncompliance with the Code of Virginia or this chapter, the department will notify the last known certified private security services training school by which they were employed or affiliated.

6VAC20-173-240. Exemptions; recognition and reciprocity.

A. The department may grant a temporary exemption from the requirements for certification for a period of not more than 30 days in a situation deemed an emergency by the department.

B. The department may recognize administrative and application requirements for certification based on agreements that have been entered into with other states and approved by the board.

Part XI
Complaints; Department Actions and Sanctions; Adjudication

6VAC20-173-250. Complaint submittal requirements.

A. In accordance with § 9.1-141 of the Code of Virginia, this chapter establishes standards designed to secure the public safety and welfare against incompetent or unqualified persons engaging in private security services. It shall be the responsibility of the licensee, its compliance agents, and its employees to provide private security services in a professional and ethical manner utilizing sound business practices.

B. Any aggrieved or interested person may file a complaint against any individual, person, firm or licensed firm, or school or certified school whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing private security services or this chapter.

C. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, and providing sufficient detailed information for the department to conduct an investigation; or

3. By telephone, providing the complaint alleges activities that constitute a life-threatening situation or have resulted in personal injury or loss to the public or to a consumer or that may result in imminent harm or personal injury and that provide sufficient detailed information for the department to conduct an investigation.

6VAC20-173-260. Department investigation.

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this chapter.

B. Documentation.

1. Persons regulated or required to be regulated by this chapter pursuant to the Code of Virginia are required to provide department investigators with any and all records required to be maintained by this chapter.

a. This shall not be construed to authorize the department to demand records protected under applicable federal and state laws. If such records are necessary to complete an investigation, the department may seek a subpoena to satisfy the request.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this chapter.

2. The department shall endeavor to keep any documentation, evidence, or information on an investigation confidential until such time as adjudication has been completed, at which time information may be released upon request pursuant to applicable federal and state laws or regulations.

6VAC20-173-270. Disciplinary action, sanctions, publication of records.

A. Each person subject to jurisdiction of this chapter who violates any statute or regulation pertaining to private security services shall be subject to sanctions imposed by the department regardless of criminal prosecution.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation of or in noncompliance with the Code of Virginia or of this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of certification or approval granted for any period of time;

4. Revocation;

5. Refusal to issue, renew, or reinstate a certification or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted;

7. Remedial training; or

8. Conditional agreements.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this chapter but do not hold a valid certification. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director may summarily suspend a certification under this chapter without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations would constitute a life-threatening situation, has resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm, personal injury, or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all persons, firms, training schools, and school directors whose conduct and activities are subject to this chapter and have been sanctioned or denied certification or approval.

6VAC20-173-280. Fines; administrative and investigative costs.

A. The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation, or denial of any certification. Such costs shall be in addition to any monetary penalty that may be imposed.

B. All monetary penalties imposed as a sanction shall be deposited into the state treasury to the credit of the State Literary Fund.

6VAC20-173-290. Hearing process.

Following a preliminary investigative process, the department may initiate action to resolve the complaint through an informal fact-finding conference or formal hearing as established in this chapter. Pursuant to the authority conferred in § 9.1-141 C 6 of the Code of Virginia and in accordance with the procedures set forth by the Administrative Process Act and the procedures prescribed in this part, the department is empowered to receive, review, investigate, and adjudicate complaints concerning the conduct of any person whose activities are regulated by the board. The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.

6VAC20-173-300. Informal fact-finding conference.

The purpose of an informal fact-finding conference is to resolve allegations through informal consultation and negotiation. Informal fact-finding conferences shall be conducted in accordance with § 2.2-4019 of the Code of Virginia. The respondent, the person against whom the complaint is filed, may appeal the decision of an informal fact-finding conference and request a formal hearing, provided that written notification is given to the department within 30 days of the date the informal fact-finding decision notice was served, or the date it was mailed to the respondent, whichever occurred first. In the event the informal fact-finding decision was served by mail, three days shall be added to that period.

6VAC20-173-310. Formal hearing.

A. Formal hearing proceedings may be initiated in any case in which the basic laws provide expressly for a case decision, or in any case to the extent the informal fact-finding conference has not been conducted or an appeal thereto has been timely received. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia. The findings and decision of the director resulting from a formal hearing may be appealed to the board.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine or to suspend, revoke, or deny issuance or renewal of any certification or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such certification or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

6VAC20-173-320. Appeals.

The findings and the decision of the director may be appealed to the board provided that written notification is given to the attention of the Director, Department of Criminal Justice Services, within 30 days following the date notification of the hearing decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

6VAC20-173-330. Court review; appeal of final order.

A. The agency's final administrative decision (final agency order) may be appealed. Any person affected by and claiming the unlawfulness of the agency's final case decision shall have the right to direct review thereof by an appropriate and timely court action. Such appeal actions shall be initiated in the circuit court of jurisdiction in which the party applying for review resides; however, if such party is not a resident of Virginia, the venue shall be in the City of Richmond, Virginia.

B. Notification shall be given to the attention of the Director, Department of Criminal Justice Services, in writing within 30 days of the date notification of the board decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect, unless the court issues a stay of the order.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (6VAC20-173)

Instructor

Private Security Services - Firearms Instructor In-Service Training Enrollment (eff. 10/12)

Private Security Services - General Instructor Entry Level Training Enrollment (eff. 10/12)

Private Security Services - General Instructor In-Service Training Enrollment (eff. 10/12)

Private Security Services - Initial Instructor Application (eff. 10/12)

Private Security Services - Renewal Instructor Application (eff. 10/12)

Training School

Private Security Services - Initial Training School Application (eff. 2/13)

Private Security Services - Training Completion Form (eff. 10/12)

Private Security Services - Training Session Notification Form (eff. 10/12)

Private Security Services - Renewal Training School Application (eff. 10/12)

Private Security Services - Training School Compliance Inspection Form (eff. 10/12)

Private Security Services - Training Completion Roster Application (eff. 10/12)

Private Security Services - Subject Matter Specialist and Guest Lecturers Form (eff. 10/12)

Private Security Services - Bond (eff. 10/12)

Private Security Services - Irrevocable Consent for Service Form (eff. 10/12)

Private Security Services - Address Change Form for Schools (eff. 10/12)

Private Security Services - School Director Designation and Acceptance Form (eff. 10/12)

Private Security Services - School Staff Change Form (eff. 10/12)

Private Security Services - Training School Add Category Form (eff. 10/12)

Fingerprint Processing

DCJS Fingerprint Cards Order Form (undated)

Fingerprint Processing Application (eff. 10/12)

Criminal History Supplemental Form (eff. 10/12)

Fingerprint Application Instructions (eff. 10/12)

Acceptable Documents for Verifying Legal Presence/Name Change (eff. 10/12)

Miscellaneous

Complaint Form (eff. 10/12)

Firearms Discharge Report (eff. 10/12)

Partial Training Exemption Application - Entry Level (eff. 10/12)

Partial Training Exemption Application - In-Service (eff. 10/12)

Request for Extension Form (eff. 10/12)

Individual Address Change Form (eff. 10/12)

Credit Card Authorization Form (eff. 10/12)

CHAPTER 174
REGULATIONS RELATING TO PRIVATE SECURITY SERVICES REGISTERED PERSONNEL

Part I
Definitions

6VAC20-174-10. Definitions.

In addition to the words and terms defined in § 9.1-138 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Business advertising material" means display advertisements in telephone directories, on letterhead, on business cards, in local newspaper advertising, and in contracts.

"Certified training school" means a training school that is certified by the department for the specific purpose of training private security services business personnel in at least one category of the compulsory minimum training standards as set forth by the board.

"Class" means a block of instruction no less than 50 minutes in length on a particular subject.

"Classroom training" means instruction conducted in person by an instructor to students in an organized manner utilizing a lesson plan.

"Date of hire" means the date any employee of a private security services business or training school performs services regulated or required to be regulated by the department.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Electronic images" means an acceptable method of maintaining required documentation through the scanning, storage, and maintenance of verifiable electronic copies of original documentation.

"Employee" means a natural person employed by a licensee to perform private security services that are regulated by the department.

"End user" means any person who purchases or leases electronic security equipment for use in that person's home or business.

"Entry-level training" means the compulsory initial training for regulated categories and basic or intermediate firearms training standards adopted by the board for private security services business personnel who are either new registrants or failed to timely complete in-service training or firearms retraining within the prescribed time period.

"Firearms endorsement" means a method of regulation that identifies an individual registered as a private security registrant and has successfully completed the annual firearms training and has met the requirements as set forth in this chapter.

"In-service training requirement" means the compulsory in-service training standards adopted by the Criminal Justice Services Board for private security services business personnel.

"Intermediate weapon" means a tool not fundamentally designed to cause deadly force with conventional use. This would exclude all metal ammunition firearms or edged weapons. These weapons include but are not limited to baton/collapsible baton, chemical irritants, electronic restraining devices, projectiles, and other less lethal weapons as defined by the department.

"Job-related training" means training specifically related to the daily job functions of a given category of registration or certification as defined in this chapter.

"Official documentation" means personnel records; Certificate of Release or Discharge from Active Duty (DD214); copies of business licenses indicating ownership; law-enforcement transcripts; certificates of training completion; a signed letter provided directly by a current or previous employer detailing dates of employment and job duties; college transcripts; letters of commendation; private security services registrations, certifications, or licenses from other states; and other employment, training, or experience verification documents. A resume is not considered official documentation.

"On duty" means the time during which private security services business personnel receive or are entitled to receive compensation for employment for which a registration or certification is required.

"Online training" means training approved by the department and offered via the Internet or an Intranet for the purpose of remote access on-demand or distance training that meets all requirements for compulsory minimum training standards.

"Performance of his duties" means on duty in the context of this chapter.

"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.

"Private security services business personnel" means each employee of a private security services business who is employed as an unarmed security officer, armed security officer/courier, armored car personnel, security canine handler, detector canine handler, private investigator, personal protection specialist, alarm respondent, locksmith, central station dispatcher, electronic security employee, electronic security sales representative, electronic security technician, or electronic security technician's assistant.

"Reciprocity" means the relation existing between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Recognition" means the relation of accepting various application requirements between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Related field" means any field with training requirements, job duties, and experience similar to those of the private security services field in which the applicant wishes to be licensed, certified, or registered. This term includes law enforcement and certain categories of the military.

"Session" means a group of classes comprising the total hours of mandated compulsory minimum training standards in any of the categories of licensure, registration, or certification in accordance with this part and in accordance with §§ 9.1-150.2, 9.1-185.2 and 9.1-186.2 of the Code of Virginia.

"This chapter" means the Regulations Relating to Private Security Services Registered Personnel (6VAC20-174).

"Training certification" means verification of the successful completion of any training requirement established in this chapter.

"Training requirement" means any entry-level, in-service, or firearms training or retraining standard established in this chapter.

"Training school director" means a natural person designated by a principal of a certified private security services training school to assure the compliance of the private security services training school with all applicable requirements as provided in the Code of Virginia and this chapter.

"Uniform" means any clothing with a badge, patch, or lettering that clearly identifies persons to any observer as private security services business personnel, not law-enforcement officers.

Part II
Application Fees

6VAC20-174-20. Fees.

A. Schedule of fees. The fees listed below reflect the costs of handling, issuance, and production associated with administering and processing applications for registration and other administrative requests for services relating to private security services.

CATEGORIES

FEES

Fingerprint processing application

$50

Initial registration

$25

Registration renewal

$20

Additional registration category form

$20

Replacement registration card

$20

Firearm endorsement

$10

Entry-level training exemption

$25

In-service training alternative credit evaluation

$25

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for registration renewal applications not received on or before the expiration date of the expiring registration.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the registration or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the registration or authority it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the person or registrant may request that the suspended registration or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

D. Manual processing service fee. The department shall collect a $5.00 service fee for any applications under this chapter that are submitted to the department by other means than the available electronic methods established by the department.

Part III
Criminal History Records Search

6VAC20-174-30. Fingerprint processing.

A. On or before the first date of hire, each person applying for a private security registration shall submit to the department:

1. One completed fingerprint card provided by the department or another electronic method approved by the department;

2. A fingerprint processing application;

3. The applicable, nonrefundable fee; and

4. All criminal history conviction information on a form provided by the department.

B. The department shall submit those fingerprints to the Virginia State Police for the purpose of conducting a Virginia Criminal History Records search and a National Criminal Records search to determine whether the individual or individuals have a record of conviction.

C. Fingerprint cards found to be unclassifiable will suspend all action on the application pending the resubmission of a classifiable fingerprint card. The applicant shall be so notified in writing and must submit a new fingerprint card within 30 days of notification before the processing of his application shall resume. If a fingerprint card is not submitted within the 30 days, the initial fingerprint application process will be required to include applicable application fees.

D. If the applicant is denied by DCJS, the department will notify the applicant by letter regarding the reasons for the denial. The compliance agent will also be notified in writing by DCJS that the applicant has been denied.

E. Fingerprint applications will be active for 120 days from the date of submittal. Applications for registrations must be submitted within that 120-day period or initial fingerprint submittal will be required.

Part IV
Application Procedures and Requirements

6VAC20-174-40. Initial registration application.

A. Individuals required to be registered, pursuant to § 9.1-139 C of the Code of Virginia, in the categories of armored car personnel, courier, unarmed security officer, armed security officer, security canine handler, explosives detector canine handler, narcotics detector canine handler, private investigator, personal protection specialist, alarm respondent, locksmith, central station dispatcher, electronic security sales representative, electronic security technician, or electronic security technician's assistant shall meet all registration requirements in this section. Prior to the issuance of a registration, the applicant shall meet or exceed the requirements of registration and application submittal to the department as set forth in this section. Individuals who carry or have access to a firearm while on duty must have a valid registration with a firearm endorsement pursuant to this chapter. If carrying a handgun concealed, the individual must also have (i) a valid concealed handgun permit pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia and (ii) the written permission of his employer.

B. Each person applying for registration shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Successfully complete all initial training requirements for each registration category requested, including firearms endorsement if applicable, pursuant to the compulsory minimum training standards as set forth in this chapter; and

3. Be a United States citizen or legal resident alien of the United States.

C. Each person applying for registration shall file with the department:

1. A properly completed application provided by the department;

2. On the application, his mailing address;

3. Fingerprint card; and

4. The applicable, nonrefundable application fee.

D. Each person seeking or required to seek registration as an unarmed security officer, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, or an electronic security technician's assistant may be employed for a period not to exceed 90 consecutive days in any categories listed in this subsection while completing the compulsory minimum training standards, provided:

1. Fingerprints have been submitted;

2. The individual is not employed in excess of 120 days without having been issued a registration from the department; and

3. The individual did not fail to timely complete the required training with a previous employer.

E. Upon completion of the initial registration application requirements, the department may issue an initial registration for a period not to exceed 24 months.

F. The department may issue a letter of temporary registration valid for not more than 120 days while awaiting the results of the state and national fingerprint search, provided the applicant has met the necessary conditions and requirements.

G. Each registration shall be issued to the individual named on the application and shall be valid only for use by that individual. No registration shall be assigned or otherwise transferred to another individual.

H. Each registrant shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

6VAC20-174-50. Renewal registration application.

A. Applications for registration renewal shall meet all renewal requirements and should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address or email address provided by the registrant. However, if a renewal notification is not received by the individual, it is the responsibility of the individual to ensure renewal requirements are filed with the department. Registration renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for registration renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully complete the in-service training, and firearms retraining if applicable, pursuant to the compulsory minimum training standards set forth by this chapter; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a registration when the following are received by the department:

1. A properly completed renewal application provided by the department;

2. For individuals applying for renewal with the category of armored car personnel, a fingerprint card;

3. The applicable, nonrefundable registration renewal fee; and

4. For individuals with firearms endorsements, evidence of completion of annual firearms retraining in accordance with this chapter.

D. Upon completion of the renewal registration application requirements, the department may issue a registration for a period not to exceed 24 months.

E. Any renewal application received by the department shall meet all renewal requirements prior to the expiration date of a registration or shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

6VAC20-174-60. Firearms endorsement.

A. A firearms endorsement is required for all private security services business personnel who carry or have access to a firearm while on duty. Each person who carries or has access to firearms while on duty shall qualify with each type of action and caliber of firearm to which he has access.

B. Each person applying for a firearms endorsement shall meet the minimum requirements for eligibility as follows:

1. Must be registered in a regulated category.

2. Must complete entry-level handgun training and, if applicable, shotgun and patrol rifle training as described in this chapter.

C. All armed private security services business personnel with the exception of personal protection specialist must satisfactorily complete applicable firearms retraining.

D. All armed personal protection specialists must satisfactorily complete advanced handgun retraining and firearms retraining for shotgun and patrol rifle if applicable.

E. Firearms endorsements are issued for a period not to exceed 12 months. Individuals must complete firearms retraining within the 90 days prior to the expiration of their current firearm endorsement or will be required to complete entry-level training requirements prior to applying for an active endorsement.

6VAC20-174-70. Additional registration category application.

A. Individuals may apply for multiple registration categories during the initial application process by completing the applicable training requirements for each category.

B. Registrants seeking to add categories to a current registration must:

1. Successfully complete all initial training requirements for each additional registration category requested pursuant to the compulsory minimum training standards of this chapter;

2. Submit a properly completed application provided by the department; and

3. Submit the applicable, nonrefundable application fee.

C. Individuals may avoid paying a separate fee for additional registration categories when the categories are requested on the application for renewal.

6VAC20-174-80. Replacement registration.

Registrants seeking a replacement state-issued registration card shall submit to the department:

1. A properly completed application provided by the department; and

2. The applicable, nonrefundable application fee.

6VAC20-174-90. Reinstatement.

A. Any registration not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be registered with the department to provide private security services.

B. A renewal application must be received by the department within 60 days following the expiration date of the registration in order to be reinstated by the department providing all renewal requirements have been met. Prior to reinstatement the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid registration including during reinstatement period.

C. No registration shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

E. When a registration is reinstated, the applicant shall continue to have the same DCJS number and shall be assigned an expiration date two years from the previous expiration date of the registration.

F. An applicant who reinstates shall be regarded as having been continuously registered without interruption. Therefore, the applicant shall remain under the disciplinary authority of the department during this entire period and may be held accountable for his activities during this period.

G. A person who fails to reinstate his registration shall be regarded as unregistered from the expiration date of the registration forward.

H. Nothing in this chapter shall divest the department of its authority to discipline a person for a violation of the laws or regulations during the period of time for which the person was registered.

I. Firearms endorsements are not eligible for reinstatement. If renewal requirements are not met pursuant to this chapter, the applicant shall meet all initial application requirements, including applicable initial firearms training requirements.

6VAC20-174-100. Renewal extension.

A. An extension of the time period to meet renewal requirements may be approved only under specific circumstances that do not allow private security personnel to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury;

3. Military or foreign service; or

4. Any emergency temporary assignment of private security personnel for purposes of natural disaster, homeland security, or documented threat by the private security services business or training school for which he is employed.

B. A request for extension shall:

1. Be submitted in writing, dated, and signed by the individual prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department based on an evaluation of the justification for waiver;

2. Indicate the projected date the person will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness, a copy of the government orders, or documentation of emergency temporary assignment.

C. Applications for additional extensions may be approved upon written request of the person.

D. The total time for renewal extension, including additional extensions, shall not exceed 12 months beyond the original expiration date. If renewal requirements are not met during the period of extension, the individual must complete all initial training requirements to include applicable entry-level training.

E. The private security services person shall be nonoperational during the period of extension unless (i) otherwise issued a temporary exemption and (ii) authorized by the department pursuant to § 9.1-139 of the Code of Virginia.

Part V
Application Sanctions; Exemptions; Recognition and Reciprocity

6VAC20-174-110. Denial, probation, suspension, and revocation.

A. The department may deny a registration in which any person has been convicted in any jurisdiction of any felony or of a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The record of a conviction, authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted, shall be admissible as prima facie evidence of such conviction.

B. The department may deny registration in which any person (i) has not maintained good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field; (ii) has had his license, registration, or certification denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) has otherwise been disciplined in connection with a disciplinary action prior to applying for registration in Virginia.

C. Any false or misleading statement on any state application or supporting documentation is grounds for denial or revocation and may be subject to criminal prosecution.

D. The department may deny registration for other just cause.

E. A registrant shall be subject to disciplinary action for violations of or noncompliance with the Code of Virginia or this chapter. Disciplinary action shall be in accordance with procedures prescribed by the Administrative Process Act. The disciplinary action may include but is not limited to a letter of censure, fine, probation, suspension, or revocation.

F. If a registrant is subject to disciplinary action for violations of or noncompliance with the Code of Virginia or this chapter, the department will notify the last known licensed or certified private security services business or training school by which they were employed or affiliated.

6VAC20-174-120. Exemptions; recognition and reciprocity.

A. The department may grant a temporary exemption from the requirements for registration for a period of not more than 30 days in a situation deemed an emergency by the department.

B. The department may recognize administrative and application requirements for registration based on agreements that have been entered into with other states and approved by the board.

Part VI
Administrative Requirements and Standards of Conduct

6VAC20-174-130. General requirements.

All private security services registered personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

6VAC20-174-140. Administrative requirements.

A registrant shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Maintain at all times with the department his mailing address, email address, and phone number, if applicable. Written notification of any change in mailing address, email address, or phone number shall be in writing and received by the department no later than 10 days after the effective date of the change.

3. Inform the department, and the business for which the individual is employed if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

4. Inform the department, and the business for which the individual is employed if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

5. Inform the department, and the compliance agent of the licensee if employed by a private security services business, of any incident in which any registrant has discharged a firearm while on duty, excluding any training exercise. This report shall be made within 24 hours of the incident.

6VAC20-174-150. Standards of conduct.

A registrant shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter.

2. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia or this chapter.

3. Not commit any act or omission that results in a private security license, registration, or certification being suspended, revoked, or not renewed or the licensee, registrant, or certificate holder otherwise being disciplined in any jurisdiction.

4. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

5. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

6. Not solicit or contract to provide any private security services without first having obtained a private security services business license with the department.

7. Carry a valid registration card or valid temporary registration letter at all times while on duty. Individuals requiring registration as an unarmed security officer, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, or an electronic security technician may be employed for not more than 90 consecutive days in any category listed in this subdivision while completing the compulsory minimum training standards and may not be employed in excess of 120 days without having been issued a registration or an exception from the department and must carry a photo identification and authorization from their employer on a form provided by the department at all times while on duty.

8. Carry the private security state-issued registration card at all times while on duty once the authorization has been approved from the department, except those individuals operating outside the Commonwealth of Virginia who shall obtain the state-issued registration card prior to providing services when physically located in the Commonwealth.

9. Perform those duties authorized by his registration only while employed by a licensed private security services business and only for the clients of the licensee. This shall not be construed to prohibit an individual who is registered as an armed security officer from being employed by a nonlicensee as provided for in § 9.1-140 of the Code of Virginia.

10. Possess a valid firearms training endorsement if he carries or has access to firearms while on duty and then only those firearms by type of action and caliber to which he has been trained on and is qualified to carry. Carry or have access to a patrol rifle while on duty only with the expressed written authorization of the licensed private security services business employing the registrant.

11. Carry a firearm concealed while on duty only with the expressed written authorization of the licensed private security services business employing the registrant and only in compliance with Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia.

12. Transport, carry, and utilize firearms while on duty only in a manner that does not endanger the public health, safety, and welfare.

13. If authorized to make arrests, make arrests in full compliance with the law and using only the minimum force necessary to effect an arrest.

14. Engage in no conduct that shall mislead or misrepresent through word, deed, or appearance that a registrant is a law-enforcement officer or other government official.

15. Display one's registration or temporary registration along with a photo identification while on duty in response to the request of a law-enforcement officer, department personnel, or client. Individuals providing private security services as authorized pursuant to subdivision 7 of this section who have not received their registration must display a state-issued photo identification and authorization while on duty in response to the request of a law-enforcement officer, department personnel, or a client.

16. Not perform any unlawful or negligent act resulting in a loss, injury, or death to any person.

17. If a uniform is required, wear the uniform required by his employer. If wearing a uniform while employed as an armed security officer, unarmed security officer, alarm respondent, or armored car personnel, that uniform must:

a. Include at least one insignia clearly identifying the name of the licensed firm employing the individual and, except armored car personnel, a nameplate or tape bearing, at a minimum, the individual's last name attached on the outermost garment, except rainwear worn only to protect from inclement weather; and

b. Include no patch or other writing (i) containing the word "police" or any other word suggesting a law-enforcement officer; (ii) containing the word "officer" unless used in conjunction with the word "security"; or (iii) resembling any uniform patch or insignia of any duly constituted law-enforcement agency of this Commonwealth, its political subdivisions, or the federal government.

18. When providing central station monitoring services, attempt to verify the legitimacy of a burglar alarm activation by calling the site of the alarm. If unable to make contact, call one additional number provided by the alarm user who has the authority to cancel the dispatch. This shall not apply if the alarm user has provided written authorization requesting immediate dispatch or one-call dispatch to both his local police department and his dealer of record. This shall not apply to duress or hold-up alarms.

19. Act only in such a manner that does not endanger the public health, safety, and welfare.

20. Not represent as one's own a registration issued to another individual.

21. Not falsify, or aid and abet others in falsifying, training records for the purpose of obtaining a license, registration, certification, or certification as a compliance agent, training school, school director, or instructor.

22. Not provide information obtained by the registrant or his employing firm to any person other than the client who secured the services of the licensee without the client's prior written consent. Provision of information in response to official requests from law-enforcement agencies, the courts, or the department shall not constitute a violation of this chapter. Provision of information to law-enforcement agencies pertinent to criminal activity or to planned criminal activity shall not constitute a violation of this chapter.

23. Not engage in acts of unprofessional conduct in the practice of private security services.

24. Not engage in acts of negligent or incompetent private security services.

25. Not make any misrepresentation or make a false promise to a private security services business client or potential private security services business client.

26. Satisfy all judgments to include binding arbitrations related to private security services not provided.

27. Not provide false or misleading information to representatives of the department.

28. Not provide materially incorrect, misleading, incomplete, or untrue information on a registration application, renewal application, or any other document filed with the department.

Part VII
Training Requirements and Exemptions

6VAC20-174-160. Entry-level training.

A. Each person employed by a private security services business or applying to the department for registration as an unarmed security officer, an armed security officer/courier, a personal protection specialist, armored car personnel, a security canine handler, an explosives detector canine handler, a narcotics detector canine handler, a private investigator, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, or an electronic security technician, or electronic security technician's assistant as defined by § 9.1-138 of the Code of Virginia must meet the compulsory minimum training standards herein established, unless provided for otherwise in accordance with this chapter.

B. Training will be credited only if application for registration is received by the department within 12 months of completion of training.

6VAC20-174-170. In-service training.

Each person registered with the department as an armed security officer/courier, a personal protection specialist, armored car personnel, a security canine handler, a narcotics detector canine handler, an explosives detector canine handler, a private investigator, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, an unarmed security officer, or an electronic security technician's assistant shall complete the compulsory in-service training standard once during each 24-month period of registration.

6VAC20-174-180. Training exemptions.

Persons who meet the statutory requirements as set forth in § 9.1-141 of the Code of Virginia may apply for a partial exemption from the compulsory training standards. Individuals requesting such partial exemption shall file an application furnished by the department and include the applicable, nonrefundable application fee. The department may issue such partial exemption on the basis of individual qualifications as supported by required documentation. Those applying for and receiving exemptions must comply with all regulations promulgated by the board. Each person receiving a partial exemption for entry-level training must apply to the department for registration within 12 months from the date of issuance, otherwise the partial exemption shall become null and void.

6VAC20-174-190. Entry-level training exemption.

A. Persons previously employed as law-enforcement officers who have not terminated or been terminated from said employment more than five years prior to the application date must submit official documentation of the following with the application for exemption:

1. Completion of law-enforcement entry-level training; and

2. Five continuous years of law-enforcement employment provided such employment as a law-enforcement officer was not terminated due to misconduct or incompetence.

B. Persons having previous training or employment in any of the classifications defined in § 9.1-138 of the Code of Virginia must submit official documentation of the following with the application for exemption:

1. Completion of previous private security training that has been approved by the department and that meets or exceeds the compulsory minimum training standards promulgated by the board; or

2. Five years continuous employment in the category for which exemption is sought, provided such employment was not terminated due to misconduct or incompetence and such employment ended within five years of the date of application.

6VAC20-174-200. In-service training exemption.

Persons who have completed training that meets or exceeds the compulsory minimum training standards promulgated by the board for the in-service training required for the individual's particular category may be authorized credit for such training, provided the training has been completed within 24 months of the expiration date of the registration period during which in-service training is required. Such training must be provided by a third party organization category. Official documentation of the following must accompany the application for in-service training credit:

1. Information regarding the sponsoring organization, including documentation regarding the instructor for each session;

2. An outline of the training session material, including the dates, times, and specific subject matter; and

3. Proof of attendance and successful completion.

Part VIII
Compulsory Minimum Training Standards

6VAC20-174-210. Alarm respondent - compulsory minimum training requirements:

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Alarm respondent - 18 hours

01E: Security Officer Core Subjects - 18 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course, excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Security officer core subjects (01E) - 18 hours (excluding examination)

The entry-level curriculum for alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training

6VAC20-174-220. Armed security officer/courier - compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Armed security officer/courier - 50 hours (53 hours including shotgun training)

a. 01E: Security Officer Core Subjects - 18 hours

b. 05E: Armed Security Officer Arrest Authority - 8 hours

c. 075E: Security Officer Handgun - 24 hours

d. 08E: Entry-level Shotgun - 3 hours (if applicable - to also have access to a shotgun while on duty, the additional shotgun course is required)

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Security officer core subjects (01E) - 18 hours (excluding examination)

The entry-level curriculum for alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

2. Armed Security Officer Arrest Authority (05E) - 8 hours (excluding examination)

a. Arrest powers, policies, and procedures

b. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training (not including range retraining)

6VAC20-174-230. Armored car personnel – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Armored car personnel - 28 hours (31 hours with shotgun)

a. 03E: Armored Car Procedures - 12 hours

b. 07E: Entry-level Handgun - 16 hours

c. 08E: Entry-level Shotgun - 3 hours (if applicable - to also have access to a shotgun while on duty, the additional shotgun course is required)

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Armored Car Procedures (03E) - 12 hours (excluding examination)

a. Administration and armored car orientation

b. Signs of terrorism

c. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

d. Armored car procedures

e. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(03I) Armored Car Personnel In-Service - 4 hours job-related training (not including range retraining)

6VAC20-174-240. Central station dispatcher – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Central station dispatcher - 8 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 38E: Central Station Dispatcher - 4 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Central station dispatcher (38E) - 4 hours (excluding examination)

a. Central station dispatcher subjects

(1) Duties and responsibilities

(2) Communications skills

(3) Emergency procedures

b. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises and range qualification, shall be as follows:

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

6VAC20-174-250. Detector canine handler – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Detector Canine Handler - 160 hours (excluding certification examination)

a. 04ED: Detector Canine Handler - 160 hours

b. Certification exam by a certified detector canine handler examiner

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Detector canine handler (04ED) - 160 hours to include practical exercises (excluding certification exam)

a. Introduction/orientation/administration

(1) Code of ethics

(2) General duties and responsibilities

(3) Legal

(4) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(5) Signs of terrorism

b. Working canines

(1) Historical perspective

(2) Terms and definitions

(3) Methodology and application

(4) Training documentation

(5) Search patterns

c. Basic canine handling (including practical exercises)

(1) Training

(2) Care and health

(3) Emergency medical care

d. Detector canine deployment

Canine behavior: reading and understanding

e. Explosive or narcotics familiarization (including practical exercises)

(1) Illegal narcotics familiarization

(2) Explosives substance and I.E.D. familiarization

(3) Safety

f. Written comprehensive exam

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(04ID) Detector Canine Handler In-Service - 8 hours (excluding certification exam)

a. Detector canine team retraining and problem solving

b. Search techniques

c. Terrorist/criminal intelligence updates and team safety

d. Certification exam (conducted by a certified detector canine handler examiner)

6VAC20-174-260. Electronic security technician – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Electronic security technician - 14 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 35E: Electronic Security Technician - 10 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Electronic security technician (35E) - 4 hours (excluding examination)

a. Electronic security technician subjects - 10 hours

(1) Duties and responsibilities

(2) Electronics

(3) Control panels

(4) Protection devices and application

(5) Test equipment

(6) Power and grounding

(7) National electrical code

(8) Job safety

b. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

6VAC20-174-270. Electronic security technician assistant – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Electronic security technician's assistant - 4 hours

30E: Electronic Security Core Subjects - 4 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

6VAC20-174-280. Electronic security sales representative – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Electronic security sales representative - 8 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 39E: Electronic Security Sales - 4 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course, excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Electronic security sales representative (39E) - 4 hours (excluding examination)

a. Electronic security sales representative subjects

(1) Duties and responsibilities

(2) System design and components

(3) False alarm prevention

b. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

6VAC20-174-290. Locksmith – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Locksmith - 18 hours

25E: Locksmith - 18 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Locksmith (25E) –18 hours (excluding examination)

a. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

b. Signs of terrorism

c. Orientation to locksmithing

(1) History of locksmithing

(2) Ethics

(3) Trade resources

(4) Terminology

(5) Professional conduct

(6) Job safety

d. Public safety codes

(1) National Fire Protection Association Codes 80 and 101

(2) Overview of authorities having jurisdiction (AHJs)

(3) Americans with Disabilities Act of 1990, as amended

(4) Terminology

(5) Safety code resources

e. Technical applications

(1) Terminology (to include definition, purpose, and function)

(2) Locks/types

(3) Handing

(4) Master keying

(5) Key records and codes

(6) Key blanks and keyways

(7) Physical security

(8) Types of client sites

(9) Safes and vaults

(10) Access control

(11) Handling restricted keys

(12) Door system components

(13) Automotive

f. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(25I) Locksmith In-Service - 4 hours job-related training

6VAC20-174-300. Personal protection specialist – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Personal protection specialist - 60 hours

a. 32E: Personal Protection Specialist - 60 hours

b. 07E: Entry-level Handgun - 16 hours (prerequisite for 09E Advanced Handgun)

c. 09E: Advanced Handgun - 14 hours (for armed personal protection specialists)

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Personal protection specialist (32E) - 60 hours (excluding written examination and practical exercises)

a. Administration and personal protection orientation

b. Signs of terrorism

c. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

d. Assessment of threat and protectee vulnerability

e. Legal authority and civil law

f. Protective detail operations

g. Emergency procedures

(1) CPR

(2) Emergency first aid

(3) Defensive preparedness

h. Performance evaluation - five practical exercises

i. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(32I) Personal Protection Specialist In-Service - 8 hours job-related training (not including range retraining for armed)

6VAC20-174-310. Private investigator – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Private investigator - 60 hours

02E: Private Investigator Subjects - 60 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Private investigator (02E) - 60 hours (excluding examination and practical exercises)

a. Orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Standards of professional conduct

(4) Ethics

(5) Signs of terrorism

b. Law - one practical exercise

(1) Basic law

(2) Legal procedures and due process

(3) Criminal and civil law

(4) Evidence

(5) Legal privacy requirements

c. General investigative skills - one practical exercise

(1) Tools and techniques

(2) Surveillance

(3) Research

(4) Interviewing

d. Documentation - one practical exercise

(1) Report preparations

(2) Photography

(3) Audio recording

(4) General communication

(5) Courtroom testimony

e. Types of investigations - one practical exercise

(1) Accident

(2) Insurance

(3) Background

(4) Domestic

(5) Undercover

(6) Fraud and financial

(7) Missing persons and property

(8) Criminal

f. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises and range qualification shall be as follows:

(02I) Private Investigator In-Service - 8 hours job-related training

6VAC20-174-320. Security canine handler – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Security canine handler - 30 hours (excluding basic obedience training)

a. 01E: Security Officer Core Subjects - 18 hours (prerequisite for 04ES)

b. Prerequisite for 04ES - Basic Obedience Training

c. 04ES: Security Canine Handler - 12 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Security officer core subjects (01E) - 18 hours (excluding examination)

The entry level curriculum for unarmed security officer, armed security officer/courier, security canine handler, and alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

2. Security canine handler (04ES) - 12 hours (excluding examination and basic obedience training)

a. Prerequisites for security canine handler entry level (official documentation required): successful completion of basic obedience training

b. Demonstration of proficiency. The student must demonstrate his proficiency in the handling of a security canine to satisfy the minimum standards

c. Evaluation by a certified private security canine handler instructor and basic obedience retraining

d. Security canine handler orientation; legal authority

e. Canine patrol techniques

f. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(04IS) Security Canine Handler In-Service - 8 hours

a. Basic obedience evaluation and retraining

b. Canine grooming, feeding, and health care

c. Apprehension techniques

d. Obedience

6VAC20-174-330. Unarmed security officer – compulsory minimum training requirements.

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations and practical exercises shall be:

Unarmed security officer - 18 hours

01E: Security Officer Core Subjects - 18 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course, excluding examinations and mandated practical exercises shall be as provided in this subsection.

Security officer core subjects (01E) - 18 hours (excluding examination)

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of Terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations and practical exercises shall be as follows:

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training

Part IX
Firearms Training Requirements and Exemptions

6VAC20-174-340. General firearms training requirements.

A. Firearms training endorsement is required for all private security services business personnel who carry or have immediate access to a firearm while on duty. Each person who carries or has immediate access to a firearm while on duty shall qualify with each type of action and caliber of firearm to which he has access.

B. Each person registered as armored car personnel, security canine handler, detector canine handler, private investigator, alarm respondent, locksmith, central station dispatcher, electronic security sales representative, electronic security technician, or electronic security technician's assistant must complete entry-level handgun training in order to apply for a firearms training endorsement.

C. Each person applying for a registration as an armed security officer/courier must complete security officer handgun training in order to apply for a firearms training endorsement.

D. Each person registered as a personal protection specialist must complete entry-level or armed security officer handgun training and advanced handgun training in order to apply for a firearms training endorsement.

6VAC20-174-350. Prior firearms training exemption.

Persons having previous department-approved firearms training may be authorized credit for such training that meets or exceeds the compulsory minimum training standards for private security services business personnel, provided such training has been completed within the 12 months preceding the date of application. Official documentation of the following must accompany the application for partial training credit:

1. Completion of department-approved firearms training; and

2. Qualification at a Virginia criminal justice agency, academy, or correctional department.

6VAC20-174-360. Entry-level handgun training.

Handgun classroom training.

1. The entry-level handgun classroom training will include but not be limited to the following:

a. Practical handgun handling

(1) Identification of handgun parts

(2) Draw

(3) Reholstering

(4) Ready position

(5) Loading

(6) Administrative loading

(7) Tactical reloading

(8) Rapid reloading

(9) Unloading

(10) Malfunctions

(11) Immediate actions procedures

(12) Remedial action

(13) Proper care and maintenance

(14) Firearms retention

(15) Ammunition identification and management

(16) Range safety

b. Fundamentals of marksmanship

(1) Grip

(2) Stance (position)

(3) Sight alignment

(4) Sight picture

(5) Trigger control

(6) Breathing

(7) Follow through

c. Dim light/low light/reduced light practice and familiarization

(1) Identification of target/threat/background

(2) Unaided training

(3) Aided training

(4) Flashlight use

(5) Reloading during low light conditions

(6) Malfunctions

(7) Range safety

d. Use of force

(1) Deadly force

(2) Justifiable deadly force

e. Liability

(1) Criminal liability

(2) Civil liability

(3) Negligent discharge prevention

f. Judgmental shooting: judgmental shooting scenarios will be conducted in the classroom or range

g. Lead exposure

Total hours (excluding written examination) - 16 hours

2. Written examination required.

6VAC20-174-370. Security officer handgun training.

Handgun classroom training.

1. The security officer handgun classroom training will include but not be limited to the following:

a. Practical handgun handling

(1) Identification of handgun parts

(2) Draw

(3) Reholstering

(4) Ready position

(5) Loading

(6) Administrative loading

(7) Tactical reloading

(8) Rapid reloading

(9) Unloading

(10) Malfunctions

(11) Immediate actions procedures

(12) Remedial action

(13) Proper care and maintenance

(14) Firearms retention

(15) Ammunition identification and management

(16) Range safety

(17) Tactical considerations

(18) Movement

(19) Cover and concealment

b. Fundamentals of marksmanship

(1) Grip

(2) Stance (position)

(3) Sight alignment

(4) Sight picture

(5) Trigger control

(6) Breathing

(7) Follow through

c. Dim light/low light/reduced light practice and familiarization

(1) Identification of target/threat/background

(2) Unaided training

(3) Aided training

(4) Flashlight use

(5) Reloading during low light conditions

(6) Malfunctions

(7) Range safety

(8) Tactical considerations

(9) Movement

(10) Cover and concealment

(11) Multiple target drills

d. Use of force

(1) Deadly force

(2) Justifiable deadly force

e. Liability

(1) Criminal liability

(2) Civil liability

(3) Negligent discharge prevention

f. Judgmental shooting: judgmental shooting scenarios will be conducted in the classroom or range

(1) Shoot/don't shoot judgment

(2) Turn and fire drills

(3) Failure to stop drills

(4) Multiple target drills

g. Lead exposure

Total hours (excluding written examination) - 24 hours

2. Written examination required.

6VAC20-174-380. Entry-level and security officer handgun range qualification.

A. Range qualification (no minimum hours). The purpose of the range qualification course is to provide practical firearms training and qualification to individuals desiring to become armed private security services business personnel.

1. Prior to the date of range training, it will be the responsibility of the school director to ensure that all students are informed of the proper attire and equipment to be worn for the firing range portion of the training. Equipment needed: handgun, belt with directional draw holster (i.e., one that is worn on the same side of the body as the shooting hand), two speed loaders or three magazines, ammunition (100 rounds).

2. Each student will fire a minimum of 22 rounds of factory loaded ammunition for familiarization prior to qualification. (There is no course of fire and it is not scored; it is at the firearms instructor's discretion on how the round will be utilized.)

3. Course shall be fired double action or double/single action, except for single action semi-automatic handguns.

4. All qualifications shall be conducted using a B-27 silhouette target or the FBI "Q" target. Alternate targets may be utilized with prior approval by the department.

5. With prior approval of the department, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges.

6. For those utilizing semi-automatic firearms, it is not necessary to reload after every stage so long as there are at least three tactical reloads during the course of fire.

7. A certified firearms instructor must be present on the range directly controlling the firing line during all phases of firearms training. There shall be a minimum of one certified firearms instructor per five shooters on the line.

8. The range qualification of individuals shall be scored as follows:

a. B27 target: (use indicated K-value) 7, 8, 9, 10 X rings - value 5 points, other hits on silhouette - value 0 points: divide points scored by maximum possible score to obtain decimal and convert to percentage, (e.g., 225 ÷ 300 =.75 = 75%).

b. FBI Q target: all hits inside the bottle - value 5 points; hits outside the bottle - value 0 points.

9. Although not scored, each student is required to complete the low light range/night time practice as outlined in subsection C of this section and the familiarization course of fire.

B. Course: Virginia private security course of fire for handguns. The course of fire shall be conducted using, at a minimum, the requirements set forth in this subsection. Strong/weak hand refers to the primary hand used in firing the firearm. The opposite hand may be used for support. The course of fire shall be conducted in the following phases:

1. Phase 1: 3 yards, utilizing weaver, modified weaver, or isosceles stance, 18 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, draw and fire 2 rounds (3 seconds), repeat 2 times

c. Load 6 rounds and holster loaded firearm

d. On command, draw and fire 6 rounds with strong hand

e. Unload, reload 6 rounds and fire 6 rounds with weak hand (25 seconds)

2. Phase 2: 7 yards, utilizing weaver, modified weaver or isosceles stance, 24 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, draw and fire 1 round (2 seconds), repeat 5 times

c. Load 6 rounds and holster loaded firearm

d. On command, draw and fire 2 rounds (3 seconds), repeat 2 times

e. Load 6 rounds and holster loaded firearm

f. On command, draw and fire 6 rounds, reload 6 rounds, fire 6 rounds (30 seconds)

3. Phase 3: 15 yards, 70 seconds, 18 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, assume kneeling position, draw and fire 6 rounds with strong hand

c. Assume standing position, unload, reload and fire 6 rounds from weak-hand barricade position

d. Unload, reload and fire 6 rounds from strong-hand barricade position (kneeling position may be fired using barricade position) (70 seconds)

C. Low light course: Virginia private security low light familiarization course of fire for handguns. The course of fire shall be conducted using, at a minimum, the requirements set forth in this subsection. Equipment needed: belt with directional draw holster, handgun, two speed loaders or three magazines, range ammunition (18 rounds). Equipment provided by instructor: A range that can simulate low light or a pair of welders goggles for each student that simulates low light. Strong/weak hand refers to the primary hand used in firing the firearm. The opposite hand may be used for support. The course of fire shall be conducted in the following phases:

1. Phase 1: 3 yards, utilizing weaver or isosceles stance, 6 rounds:

a. Load 6 rounds and come to ready

b. On command, fire 2 rounds (3 seconds) repeat 2 times (30 seconds)

2. Phase 2: 7 yards, utilizing weaver or isosceles stance, 12 rounds:

a. Load 6 rounds and come to ready

b. On command, fire 2 rounds (5 seconds), repeat 2 times

c. Load 6 rounds and come to ready

d. On command, draw and fire 3 rounds (6 seconds), and repeat

6VAC20-174-390. Entry-level shotgun training and range qualification.

A. Shotgun classroom training. Individual must first successfully complete entry-level or security officer handgun training. The entry-level shotgun classroom instruction will emphasize but not be limited to:

1. Shotgun handling techniques

a. Identification of shotgun parts

b. Slings – traditional sling, single point sling, 3 point sling

c. Cruiser carry conditions

d. Cruiser safe

e. Chambering

f. Reloading

g. Transition from handgun to shotgun/shotgun to handgun (if applicable)

h. Malfunctions

(1) Immediate actions procedures

(2) Remedial action

i. Proper care and maintenance

j. Shotgun retention

k. Ammunition management and identification

l. Range safety

m. Dim light/low light

2. Fundamentals of shotgun marksmanship

a. Grip

b. Stance (position)

c. Sight alignment

d. Sight picture

e. Trigger control

f. Breathing

g. Follow through

3. Written examination

Total hours (excluding examination) - 3 hours

B. Range qualification (no minimum hours). The purpose of the range firing course is to provide practical shotgun training and qualification to those individuals who carry or have immediate access to a shotgun in the performance of their duties.

1. Familiarization: Prior to the qualification course, all shooters are required to fire a familiarization exercise consisting of 5 rounds using 12 gauge, double aught "00" buckshot or rifle slug ammunition and 6 rounds minimum of handgun rounds. The exercise shall include transition drills from handgun to shotgun and shotgun to handgun. This exercise is not scored and the distance is at the discretion of the instructor.

2. Fire 5 rounds of shotgun rounds (buckshot, rifled slugs, or both, if issued) on a daylight course using B27 single/multiple targets with 70% accuracy.

C. Course: Virginia private security course of fire for shotguns.

Distance

Position

No. Rounds

Target

Time

Combat load & fire 15 Yds.

Standing/
Shoulder

3

B‑27 Silhouette

20 sec.

Combat load & fire 25 Yds.

Kneeling/
Shoulder

2

B‑27 Silhouette

15 sec.

D. A certified firearms instructor must be present on the range directly controlling the firing line during all phases of firearms range training. There shall be a minimum of one certified firearms instructor per five shooters on the line.

6VAC20-174-400. Advanced handgun training and range qualification.

A. The entry level handgun training is a prerequisite for taking the advanced handgun training.

B. Advanced handgun classroom training.

1. The advanced handgun training will include but not be limited to:

a. Firearms safety;

b. Civil and criminal liability;

c. Concealed carry law and authority;

d. Function of firearms in close protection operations;

e. Deployment of firearms in close protection operations;

f. Use of force;

g. Principles of advanced marksmanship; and

h. Decision-making for the personal protection specialist.

Total hours (excluding written examination) - 14 hours

2. Written examination required.

C. Range qualification (no minimum hours). The purpose of this course of fire is to assess and improve the tactical, protection-related shooting skills for personal protection specialist candidates seeking certification to be armed. This course entails five increasingly challenging stages of advanced firearms exercises with a 92% score required for qualification.

1. The advanced handgun course of fire is comprised of the following exercises:

a. Shoot/don't shoot judgment;

b. Turn and fire drills;

c. Failure to stop drills;

d. Multiple target drills; and

e. Judgmental shooting.

2. For all range practicals (Stage 2 through stage 4):

a. The student will fire at a man-size silhouette target with the following requirements:

(1) 4-inch diameter circle in head;

(2) 8-inch diameter circle in chest/body area; and

(3) Center points of circles - 13-1/2 inches apart.

b. All rounds fired must hit within these circles.

c. Minimum 92% qualification score = 25 rounds total requiring 23 hits. With regard to scoring:

(1) 25 points (1 round is good for 1 point).

(2) 92% of shots must be "in circle" hits for a passing grade (2 misses allowed on total course).

(3) Shots not taken during stage 5 when a "no-shoot" situation is presented scores a point, just as an accurate shot in a hostile situation.

(4) 92% is 23 of 25 possible points.

3. A certified advanced handgun firearms instructor must be on the range during all phases of advanced handgun training. There shall be no less than one certified firearms instructor per four students.

D. Course: Virginia private security advanced handgun course of fire.

1. Stage 1: Shoot/don't shoot drill. Stage 1 of the advanced handgun course of fire is conducted in a classroom using a 16 mm film or video cassette tape, or other audiovisual electronics, of firearms combat scenarios or in practical exercises on the range to assess the student's decision-making capability given job-related shoot/don't shoot incidents.

After the interaction of the scenario, the students must explain all of their commands and actions.

Dry-fire response from a weapon rendered safe should be incorporated into the scenario interaction.

2. Stage 2: Turn-and-fire drill. Stage 2 of the advanced handgun course of fire is held at a firing range and consists of turn-and-fire drills from varying distances (straight draw hip holsters only).

All handguns are loaded with 6 rounds of ammunition and safely holstered. Shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the target. Upon the command "fire," the students must quickly turn while acquiring a firm grip on the weapon. Once facing the target and in a stable position, they must safely draw and fire 2 rounds at the designated target circle. After shooting, while facing the target, the student must reholster safely, then turn around to face up range, ready to continue the exercise. The "fire" commands will be called at 3-5 yards, 5-7 yards, and then 8-10 yards.

3. Stage 3: Failure to stop drill. Stage 3 of the advanced handgun course of fire is held at a firing range and consists of failure to stop drills fired from the 7-yard line (straight draw hip holsters only).

All handguns are loaded with 6 rounds of ammunition and are safely holstered. Shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the target. Upon the command "fire," given at approximately the 7-yard line, each shooter must safely turn around while acquiring a firm grip on their weapon as performed in the previous drill. Once facing the target, the students will draw and fire 2 rounds at the 8-inch body circle, and then one immediate round to the 4-inch head circle. The student will then safely reholster. The drill will be repeated three times.

4. Stage 4: Multiple target identification drill. Stage 4 of the advanced handgun course of fire is held at a firing range and consists of multiple target identification drills fired from varying distances (straight draw hip holsters only).

Each shooter will line up on a set of three targets. Only two shooters at one time can complete this exercise on a standard 10-12 station range. However, smaller ranges may allow for only one shooter at a time.

Each handgun is loaded with six rounds of ammunition and safely holstered. The shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the targets. Upon the command "left," "right," or "center," the student must again turn around safely while establishing a firm grip on the weapon. Then, once stable, the student must quickly draw and fire 2 rounds at the designated circle on the "called" target ("L," "R," "C"). Then, the shooter, while still facing the targets, must safely reholster, turn around to face up range, and continue the exercise. Each two-round pair must be fired within 4 seconds of the called command. Direction commands will be called at 3-5 yards, 5-7 yards, and then 8-10 yards.

5. Stage 5: Judgmental shooting. This drill combines the skills developed in the prior four stages. The shooter will be required to safely turn and fire at a "photograph" type target which may be either friendly or hostile. It requires hostile targets to be stopped using deadly force. Necessity (immediate jeopardy) is presumed for this exercise. This stage allows the instructor to evaluate the decision-making capability of the student as well as his shooting accuracy and safety.

Shooter is placed on the 10-yard line facing the instructor with the target to his rear. The target will be placed at any location along the range target line and should not be seen by the student until he is given the "turn" command during the drill. Each shooter has the opportunity to complete this drill four times. Each decision is worth one point. If he shoots at a hostile target, a hit anywhere on that target will score the point. If a friendly target is presented, it is clearly a no-shoot situation and the student should merely holster safely to score the point. There is a 4-second time limit at this stage for any "shoot" situation.

The instructor will allow each shooter two opportunities to complete this drill and place two targets downrange for each. Four points or hits are still necessary at this stage for the total score. If two targets are used, then the time limit is raised to 6 seconds, regardless of whether two hostile targets are used or one hostile with one friendly.

6VAC20-174-410. Entry-level patrol rifle training and range qualification.

A. Patrol rifle classroom training. Individual must first successfully complete security officer handgun training. The entry-level patrol rifle classroom instruction will emphasize but not be limited to:

1. Rifle handling techniques

a. Nomenclature and identification of rifle parts

b. Field striping and reassembling

c. Loading and unloading

d. Chambering

e. Reloading

f. Slings

(1) Traditional sling

(2) Single point sling

(3) 3-point sling

g. Transition from handgun to rifle and rifle to handgun

h. Malfunctions

i. Immediate actions procedures

j. Remedial action

k. Proper care and maintenance

l. Rifle retention

m. Ammunition management and identification

n. Range safety

o. Dim light/low light

2. Fundamentals of rifle marksmanship

a. Grip

b. Stance (position)

c. Sight alignment

d. Sight picture

e. Trigger control

f. Breathing

g. Follow through

3. Zeroing iron sights

a. Establishing mechanical zero

b. Zeroing process

4. Dim light shooting

a. Hours of darkness/dim light

b. Identification requirements

c. Unaided reduced light shooting techniques

d. Aided reduced light shooting techniques

5. Shooting positions

a. Fundamentals of shooting positions

b. Basic patrol positions

6. Use of force

7. Criminal and civil liability

8. Written comprehensive examination

Total hours (excluding examination) - 16 hours

B. Range qualification (no minimum hours). The purpose of the range firing course is to provide practical patrol rifle training and qualification to those individuals who carry or have immediate access to a patrol rifle in the performance of their duties with the sighting system that will be carried on duty.

C. Patrol rifle qualification course.

1. All rifle qualification will be done with a law-enforcement type and caliber rifle. A total of 60 rounds of ammunition will be fired for rifle qualification.

2. All rifle qualification firing will be done with iron sights. In addition, if an officer is using an optic while on duty, they must qualify with that optic.

3. All indoor rifle qualification firing will be done at a range that accommodates a distance of 25 yards between the shooter and the target. No variances of this distance are allowed. The indoor target system will contain two targets per shooter mounted side by side. The targets will be FBI Q-R, half-sized silhouette targets. Use of this target type will simulate shooting at 50 yards.

4. All outdoor rifle qualification firing will be done at 50 yards using the FBI Q silhouette full-sized targets. Two of these targets will be mounted side by side for each shooter.

5. FBI Q silhouette targets are used for rifle qualification, scoring will be all hits inside the bottle – value 5 points; outside the bottle – value 0 points. With these targets a maximum score of 300 points is possible. Minimum qualification is 85% or 255 points.

D. Patrol rifle course of fire.

1. Prior to qualification, all shooters are required to fire a minimum of 30 familiarization rounds which will include transition drills from handgun to rifle and rifle to handgun. S