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| Rule |
Rule 4501:7-1-01 | Definitions.
[Comment: Information regarding the availability
and effective date of the materials incorporated by reference in Chapter
4501:7-1 of the Administrative Code can be found in paragraph (M) of this
rule.] (A) "Department" means the Ohio
department of public safety. (B) "Director" means the
director of the Ohio department of public safety or designee. (C) "Military" means any of the armed forces of the
United States, a reserve component of the armed forces of the United States,
the Ohio national guard or the national guard of any other state, the Ohio
military reserve, and the Ohio naval militia. (D) "Identification card" or "I.D. card"
means a card issued by the department to an employee of, or a qualifying agent
of, a class A, class B, or class C licensee which contains the personal and
employer information set forth in sections 4749.03 and 4749.06 of the Revised
Code. An identification card shall, when applicable, contain one or more
firearm bearer notations as specified in division (A)(3) of section 4749.10 of
the Revised Code. (E) "Investigator" has the same meaning as
"private investigator," set forth in division (A) of section 4749.01
of the Revised Code. (F) "Licensee" refers to a
person or entity licensed under section 4749.03 of the Revised Code to provide
private investigative services, security services, or both. (G) "Provider" means any person who engages in the
business of private investigation, the business of security services, or both,
and has the same meaning as "licensee." (H) "Qualifying Agent" is the owner, officer or a hired
person of the company that fulfills the experience requirements as stated in
Chapter 4749. of the Revised Code. (I) "Veteran" means anyone who is serving or has served
under honorable conditions in any component of the armed forces, including the
national guard and reserve. (J) "Working hours" means any hours in an active pay
status. (K) "Waiver" means form PSU
0060, supplied from a licensee to the person who receives, for hire, security
guard or investigate services acknowledging that the employee(s) have not
completed registration and agreeing to their employment. (L) "Applicant for licensure"
means an entity applying for licensure, as well as an owner, partner, or
associate of the entity applying for licensure. (M) Incorporated materials: (1) "Employee
Registration Application," form "PSU 0015," dated May 2020, may
be obtained at http://www.pisgs.ohio.gov; (2) "Employee
Registration Renewal," form "PSU 0017," dated October 2015, may
be obtained at http://www.pisgs.ohio.gov; (3) "Firearm Bearer Notation
Application," form "PSU 0016," dated May 2020, may be obtained
at http://www.pisgs.ohio.gov; (4) "Multiple Change
Application," form "PSU 0011," dated April 2014, may be obtained
at http://www.pisgs.ohio.gov; (5) "Provider Application,"
form "PSU 0006," dated May 2014, may be obtained at
http://www.pisgs.ohio.gov; (6) "Provider Branch Office
Application," form "PSU 0010," dated April 2014, may be obtained
at http://www.pisgs.ohio.gov; (7) "Qualifying Agent
Application," form "PSU 0007," dated May 2014, may be obtained
at http://www.pisgs.ohio.gov; (8) "Qualifying Agent Renewal,"
form "PSU 0053," dated May 2014, may be obtained at
http://www.pisgs.ohio.gov; (9) "WebCheck Instructions,"
form "PSU 0019," dated December 2014, may be obtained at
http://www.pisgs.ohio.gov; and (10) "Waiver," form "PSU
0060" dated March 2016, may be obtained at
http://www.pisgs.ohio.gov.
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Rule 4501:7-1-02 | Reputation for integrity.
When determining whether an applicant for licensure
has a good reputation for integrity pursuant to division (A)(1)(a) of section
4749.03 of the Revised Code, the department of public safety may
consider: (A) If the applicant has been convicted
of, or plead guilty to, a misdemeanor within one year of the date of
application; (B) If the applicant has been convicted
of, or plead guilty to, a felony within three years of the date of
application; (C) If the applicant has ever operated a
business of private investigation, business of security services, or both
without being licensed under Chapter 4749. of the Revised Code; (D) If the applicant has ever operated a
business of private investigation, business of security services or both
without general liability insurance coverage while licensed under Chapter 4749.
of the Revised Code; or (E) If the applicant has ever violated
any provision of Chapter 4749. of the Revised Code or the rules promulgated
thereunder or any order of the department, or any laws or regulations of
another state or jurisdiction in the regulation of private investigation or
security services. (F) If the applicant for licensure has
defaulted on a settlement agreement, adjudication order, or cease and desist
order with the department.
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Rule 4501:7-1-03 | Requirement of new license.
(A) A new license is required where there
is: (1) A change in the class of a license;
or (2) Failure to renew a current license by
the licensee by the first day of March each year. (B) The department of public safety shall
be notified in writing within ten days of any change in the controlling
interest of a corporation, any change in officers of a corporation, any change
of partners of a partnership, any increase or decrease in the number of
partners of a partnership or any change in the legal name of the
licensee.
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Rule 4501:7-1-04 | License applications.
[Comment: Information regarding the availability
and effective date of the materials incorporated by reference in this rule can
be found in paragraph (M) of rule 4501:7-1-01 of the Administrative
Code.] (A) As used in this chapter,
"provider" and "licensee" have the same meaning as, and
refer to, the holder of a class A, class B, or class C license issued in
accordance with this chapter and Chapter 4749. of the Revised
Code. (B) Each applicant for a class A, class
B, or class C license shall submit a "Provider Application" to the
director of the department of public safety (department) accompanied by the
license fee provided for in section 4749.03 of the Revised Code. A "Branch
Office Application" shall be submitted for each additional business
location accompanied by the branch license fee provided for in section 4749.05
of the Revised Code. The license fee may be paid by check or money order
payable to Ohio treasurer of state, or if submitted on-line, may be paid
electronically. (C) Each "Provider Application"
must be accompanied by a "Qualifying Agent Application" and the
qualifying agent (QA) examination fee provided for in division (A)(1)(e) of
section 4749.03 of the Revised Code. The examination fee may be paid by
certified check or money order payable to Ohio treasurer of state, or if
submitted on-line, may be paid electronically. A passport style photograph
taken within one year of submission, and bearing a reasonable likeness to the
applicant must be submitted with the "Qualifying Agent
Application." (1) The fingerprint impressions submitted
under division (C)(1) of section 4749.03 of the Revised Code shall not have
been obtained more than one year prior to the filing of the application for a
license, as outlined on "WebCheck Instructions." (2) If a qualifying agent
intends to carry a firearm in the course of business or employment, the QA
shall comply with the provision of section 4749.10 of the Revised Code and rule
4501:7-1-21 of the Administrative Code. (3) If the results of the criminal
records check described in division (C)(1) of section 4749.03 of the Revised
Code indicate that the applicant may have a criminal record in one or more
jurisdictions or in one or more states other than Ohio, the director may make
further inquiries and request further information from the applicant in order
to complete the investigation of the applicant. (D) The "Provider Application"
and "Qualifying Agent Application" shall include a question that
easily identifies the applicant for licensure and applicant for QA as a veteran
or as the spouse of a veteran. Applicants currently serving in the military
must provide a copy of their military identification card or that of their
spouse, or a veteran must provide a copy of their DD214 or that of their spouse
along with the application, which will allow the department to verify the
identification of the applicant as a veteran or spouse of a veteran. Processing
of applications for veterans or their spouses shall, to the extent possible, be
expedited and prioritized. (E) When all requirements for application are met, the
application for a license shall be approved, and a wall license will be issued
along with the approved QA registration card.
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Rule 4501:7-1-05 | Insurance.
Effective:
January 1, 2015
(A) All applicants for licensure shall submit evidence of comprehensive general liability insurance coverage, or equivalent guarantee approved by the director. Coverage shall be verified by the insurer and certified as to the minimum amounts specified in section 4749.03 of the Revised Code. Each insurance acord (policy) must list the "Department of Public Safety Private Investigator Security Guard Services" (department) as the certificate holder, and contain a provision requiring the insurer to notify the department no later than ten days prior to the policy's cancellation and not later than seven days after its lapse. (B) All license holders must maintain the comprehensive general liability insurance coverage verified by the insurer and certified as to the minimum coverage thereunder.
Last updated October 23, 2023 at 1:08 PM
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Rule 4501:7-1-06 | Required experience.
(A) Except as provided in paragraphs (B) and (C) of this
rule, an applicant for a class B license shall have at least four thousand
working hours of experience in investigatory work, an applicant for a class C
license shall have at least four thousand working hours of experience in
security services work, and an applicant for a class A license shall have at
least four thousand working hours of experience consisting of at least one
thousand working hours of experience in investigatory work and at least one
thousand working hours of experience in security services work, and the
remaining hours of working experience in either investigatory or security
service work, or both. An applicant must have completed the hours required in
this paragraph in the twenty-four month period immediately preceding the date
an application for licensure is received by the department of public
safety. (B) Equivalent experience such as, but not limited to,
specialized education in criminal justice or law enforcement, or honorable
service in the military police or similar military security position in any of
the branches of the armed forces of the United States, or significant
experience as a law enforcement officer, as defined in division (A)(11) of
section 2901.01 of the Revised Code, or as a peace officer as defined in
division (B) of section 2935.01 of the Revised Code obtained within the last
ten years prior to the date of application, may be deemed by the director of
public safety to be sufficient to satisfy the experience
requirement. (C) If specialized education as defined in paragraph (B) of
this rule is submitted as equivalent experience, an applicant for a class A
license shall also have at least one thousand working hours of experience in
investigatory work and at least one thousand working hours in security services
work, an applicant for a class B license shall have at least two thousand
working hours of experience in investigatory work, and an applicant for a class
C license shall have at least two thousand working hours of experience in
security services work. (D) Equivalent experience such as, but not limited to,
management in the business of private investigation, management in the business
of security services, or both, may be deemed by the director of public safety
to be sufficient to satisfy the experience requirement as defined in paragraph
(A) of this rule.
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Rule 4501:7-1-07 | Examinations.
(A) Under division (C)(3) of section
4749.03 of the Revised Code, the qualifying agent will be notified by e-mail of
available exam dates once licensing requirements are met. All exams are held at
1970 west Broad street, Columbus, OH 43223. If the qualifying agent fails to
appear for an examination, except as provided herein, the application may be
denied and a new application together with a new fee shall be
required. At the director's discretion, proctored
qualifying agent exams can be provided if the applicant resides in a different
state or is unable to sit for the exam in Columbus. If the qualifying agent has
been approved for a proctored exam, the department will determine the exam
location and the qualifying agent will be responsible for any additional
fees. (B) If the applicant's failure to
appear for the scheduled examination is due to illness, the applicant shall be
admitted to the next scheduled examination. No applicant shall be excused from
taking the scheduled examination for any other reason than illness, unless in
the department's judgment, the applicant would suffer undue hardship
thereby. Examination fees are non-refundable. (C) Upon appearing for the examination,
the identity of the applicant shall be verified by producing for inspection a
driver's license or other photographic identification acceptable to the
department of public safety (department). (D) The examination devised by the
department shall test the applicant on knowledge of Chapter 4749. of the
Revised Code, the rules promulgated thereunder, and other aspects of the
private investigation and/or security services business. (E) An applicant will be given up to
ninety days and no more than three attempts following the notification of
eligibility to pass the examination or the application shall be denied and a
new application together with a new fee shall be required. (F) The department may waive examination
and experience verification requirements for a new licensee, partner in a
partnership, or a qualifying agent if the applicant previously qualified a
business for licensure within six months of the date of
application.
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Rule 4501:7-1-08 | License.
[Comment: Information regarding the availability
and effective date of the materials incorporated by reference in this rule can
be found in paragraph (M) of rule 4501:7-1-01 of the Administrative
Code.] (A) The license required to be obtained
by each licensee under the provisions of section 4749.03 of the Revised Code
shall at all times be posted in a conspicuous place in the principal place of
business of the licensee. (1) Licensees shall,
within ten days, notify the department of public safety (department) in writing
using the "Multiple Change Application" or update online, of any
change of address of such principal place of business, or of any change of the
business name or trade name designation under which the business is conducted
or contact information. A licensee shall not have a name so similar to that of
another licensee as to be confusing or likely to mislead the public. A business
name or trade name designation can be used by no more than one licensee, except
that licensees operating under valid franchise agreements with a lawfully
registered franchisor may operate under the same name. (2) In the event that a
business of a licensee is discontinued for any reason, the licensee shall
notify the department in writing and immediately return the license and the
qualifying agent(s) identification card(s). (B) Each licensee who maintains one or
more branch offices shall obtain a branch office license pursuant to the
provisions of division (A) of section 4749.05 of the Revised Code for each of
such branch offices by submitting a "Provider Branch Office
Application" accompanied by the fee provided for in section 4749.05 of the
Revised Code. The fee may be paid by certified check or money order payable to
Ohio treasurer of state, or if submitted on-line, may be paid
electronically. (1) Licensees shall,
within 48 hours, notify the department in writing using the "Multiple
Change Application" or update online of any change of address at such
branch office. (2) In the event of
suspension, revocation or nonrenewal of the license under which the licensee is
authorized to conduct the business of private investigation or security
services, or if such business is discontinued for any other reason, the
licensee shall immediately return all branch office licenses to the
department. (C) All licenses shall expire annually on
the first day of March following the date of issuance under the provisions of
section 4749.03 of the Revised Code. (1) On the second day of
January of each year, the department will notify the licensee by e-mail that
the license will expire on March first, and must be renewed after January
second and by midnight of March first if the company wants to remain in
business. (2) Each class A, class
B, or class C licensee shall submit a "Provider and Qualifying Agent
License Renewal" accompained by the renewal fee provided for in section
4749.03 of the Revised Code or may renew on-line at
http://pisgs.ohio.gov/pisgs.stm. The fee may be paid by certified check or
money order payable to Ohio treasurer of state, or if submitted on-line, may be
paid electronically. A passport style photograph , taken within one year of
submission, and bearing a reasonable likeness to the qualifying agent (QA) must
be submitted with the "Provider and Qualifying Agent Renewal." The QA
must continue to meet the qualifications set forth in section 4749.03 of the
Revised Code. (D) Pursuant to sections 4749.03 and
5903.10 of the Revised Code, the holder of an expired license, who was a member
of the uniformed services, or the spouse of a member of the uniformed services,
shall be granted a renewal of the license at the usual cost and without penalty
if either of the following applies: (1) The license was not
renewed because the holder was in active service in the armed forces of the
United States or a reserve component of the armed forces of the United States,
including the Ohio national guard or the national guard of any other
state. (2) The license was not
renewed because the holder's spouse was in active service in the armed
forces of the United States or a reserve component of the armed forces of the
United States, including the Ohio national guard or the national guard of any
other state, and the service resulted in the holders absence from this
state. A renewal shall not be granted unless the holder
or the spouse of the holder, whichever is applicable, has presented
satisfactory evidence of the service member's discharge under honorable
conditions or release under honorable conditions from active duty or national
guard duty within six months after the release or discharge.
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Rule 4501:7-1-09 | Registration of employees.
[Comment: Information regarding the availability
and effective date of the materials incorporated by reference in this rule can
be found in paragraph (M) of rule 4501:7-1-01 of the Administrative
Code.] (A) Each licensee shall register their
investigator and security guard employees with the department of public safety
(department). (B) Each licensee shall submit an
"Employee Registration Application" to register a new investigator or
security guard employee with the department accompanied by the registration fee
provided for in section 4749.06 of the Revised Code. The registration fee may
be paid by check or money order payable to Ohio treasurer of state, or if
submitted on-line, may be paid electronically. A passport style photograph ,
taken within one year of submission, and bearing a reasonable likeness to the
applicant must be submitted with the "Employee Registration
Application." The completed application including submitted fingerprints
for a BCI background check, must be submitted no later than seven calendar days
after the employee's date of hire. (1) The licensee must
submit verification of the employee's name, date of birth,
registrant's e-mail address and social security number. (2) The fingerprint
impressions submitted under division (B)(2) of section 4749.06 of the Revised
Code shall not have been obtained more than one year prior to the filing of the
employee's application for registration, as outlined on "WebCheck
Instructions." (a) If an employee intends to carry a firearm in the course of
business or employment, the employee shall comply with the provisions of
section 4749.10 of the Revised Code and rule 4301:7-1-21 of the Administrative
Code. (b) If the results of the criminal records check described in
division (B)(2)(a) of section 4749.06 of the Revised Code indicate that the
employee applying for registration may have a criminal record in one or more
jurisdictions or in one or more states other than Ohio, the director may make
further inquiries and request further information from the applicant in order
to complete the investigation of the applicant. (C) "Employee Registration
Application" shall include a question that easily identifies the employee
as a veteran or as the spouse of a veteran. Applicants currently serving in the
military must provide a copy of their military identification card or that of
their spouse, or a veteran must provide a copy of their DD214 or that of their
spouse along with the application, which will allow the department to verify
the identification of the applicant as a veteran or spouse of a veteran. Once
military service is verified on their application, and all other requirements
are met, applicants for registration who are currently serving in the military,
veterans, or their spouses, will be segregated and processed ahead of
non-military affiliated applications. (D) Within ten calendar days after the termination or expiration
of a registered investigator or security guard's employment, the licensee
shall submit to the department an "Employee Termination Report" with
the employee's identification card for cancellation.
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Rule 4501:7-1-10 | Issuance of I.D. card to registrant.
(A) It shall be the duty of every
licensee licensed under the provisions of Chapter 4749. of the Revised Code to
furnish each of their investigator and security guard employees with an
identification card furnished by the department of public safety (department),
and maintain a record thereof. (B) The licensee shall inform all of
their investigator and security guard employees on the first day of employment
of all the registration and firearms training provisions of Chapter 4749. of
the Revised Code as that chapter applies to such employees and shall ensure
that all such employees are properly registered in accordance with sections
4749.06 and 4749.10 of the Revised Code. (C) Each licensee that uses investigator
or security guard employees who have not yet received the identification cards
issued by the department, shall obtain a written waiver from each client
pursuant to division (C) of section 4749.06 of the Revised Code. Under no
circumstances shall an employee carry firearms while engaged in the
licensee's business unless the licensee has received a firearm bearer
notation on the employee's identification card. (D) Each employee shall produce their
identification card upon the request of an authorized representative of the
department or any law enforcement authority. (E) All identification cards shall be
considered, and remain, the property of the department. The licensee shall be
responsible for the use of the identification card by their employee, and shall
return the card to the department upon the termination of the
employee.
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Rule 4501:7-1-11 | Records.
Each licensee shall keep a true and correct record
in the English language of all of the business transactions for the current
calendar year plus the two previous calendar years in the licensee's
office relevant to enforcement of Chapter 4749. of the Revised Code. (A) Records that shall be available for
inspection and provided to the department of public safety upon request
include: (1) Hire dates for all
security guards and private investigators. (2) A record of the days
worked by each security guard and private investigator by date. (3) A record of dates
when each security guard or private investigator worked while
armed. (4) Termination dates of
each security guard or private investigator no longer working for the
licensee. (5) Proof of current
commission for any unregistered peace officers. (6) Waivers for any
security guards or private investigators working while pending application
approval. (7) Payroll records
indicating the dates and hours worked by each security guard and private
investigator per pay period. (8) A record of any
independent contractors providing security or private investigatory
services. (9) Payment records to
independent contractors and invoices submitted by independent
contractors. (B) No person shall falsify, alter, or in any manner tamper
with any records required to be kept by this rule.
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Rule 4501:7-1-12 | Uniforms, vehicles, and publications.
(A) For the purposes of this rule, the following are
defined as "words or phrases that can be construed as law enforcement or
governmental agency": (1) Homeland
security; (2) Highway
patrol; (3) Bureau of
Investigation; (4) Police; (5) Private
police; (6) Sheriff; (7) The word
"patrol" used in conjunction with "Ohio" or
"State"; (8) SWAT; (9) Cop; (10) Public
safety; (11) Peace
officer; (12) Constable; (13) Law
enforcement; (14) Trooper; (15) Deputy;
or (16) Agent. (B) No uniform, vehicle or publication
used by a licensee shall be marked with any words or phrases that can be
construed as a law enforcement or governmental agency. (C) Uniforms. (1) Registered employees
of licensees are not required to wear uniforms. Any uniforms worn by such
employees shall have distinct identifying patches displaying the
licensee's business name to ensure they are readily distinguishable from
the uniforms worn by law enforcement authorities at all times; initials may be
used with prior written approval of the department of public safety. Where
blazer-type jackets are used, the identifying patch may be worn on the breast
pocket and/or shoulder area. (2) Registered employees
of licensees are not required to wear badges. If a badge is worn, it must be
furnished by the licensee and include the licensee's business
name. (3) Employees of one
licensee shall not wear the uniform of another licensee unless a contract or
subcontract relationship exists between the two licensees. (4) When under the employ
of a licensee, commissioned peace officer, as defined in section 2935.01 of the
Revised Code, may wear the following attire: (a) The standard uniform adopted by the
licensee; (b) When working in the jurisdiction where commissioned as
a peace officer, the uniform of that jurisdiction with the written consent of
the chief law enforcement officer of the jurisdiction where the individual is
commissioned; or (c) When working outside the jurisdiction where
commissioned as a peace officer, the uniform of the jurisdiction where the
registrant is commissioned as a peace officer with both the written consent of
the chief law enforcement officer of the jurisdiction where the individual is
commissioned and the written consent of the chief law enforcement officer of
the jurisdiction where the individual will be working. (D) Publications and advertisements. (1) All advertisements
and/or promotional material shall carry the legal name or trade name
designation and the address under which the licensee is licensed. The use of
abbreviated names or division names for advertising purposes must be approved
in writing by the department. (2) A licensee shall not
use the name of any employee or associate in the heading of any advertisement
or other promotional material. If a name of an employee or associate is used in
advertising or other materials, the name shall be in smaller font than the
licensee's business name.
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Rule 4501:7-1-15 | Notice of renewals.
(A) The department of public safety
(department) shall provide notice to each individual or company holding a
license issued pursuant to Chapter 4749. of the Revised Code of the expiration
of the registrations of its employees. The notices shall be in writing and
shall be provided at a minimum of sixty days prior to the expiration of the
registrations. (B) It is the responsibility of each
licensee and individual holding a registration identification card to renew
licenses or registrations in accordance with Chapter 4749. of the Revised Code
and rule 4501:7-1-16 of the Administrative Code even if the licensee or
individual holding a registration identification card fails to receive a
renewal notice from the private investigator security guard section due to
outdated email or contact information, a change of address, incorrect address,
loss of mail by the United States postal service, or any other reason. Failure
to receive or obtain a license renewal application shall not relieve the
licensee or individual holding a registration identification card from
compliance with the requirements of Chapter 4749. of the Revised Code and rule
4501:7-1-16 of the Administrative Code.
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Rule 4501:7-1-16 | Renewal of registrations.
[Comment: Information regarding the availability
and effective date of the materials incorporated by reference in this rule can
be found in paragraph (M) of rule 4501:7-1-01 of the Administrative
Code.] (A) Each registration identification card
issued to a private investigator or security guard employee pursuant to section
4749.06 of the Revised Code and rule 4501:7-1-10 of the Administrative Code
shall include the date of issuance. Registrations expire annually on the
anniversary date of initial issuance. (B) The department of public safety shall
renew a registration issued pursuant to section 4749.06 of the Revised Code if
the person holding a valid identification card renews such registration in
accordance with this rule on form "Employee Registration Renewal" or
renews on-line at http://pisgs.ohio.gov/pisgs.stm. A passport style photograph,
taken within one year of submission, and bearing a reasonable likeness to the
applicant must be submitted with the "Employee Registration Renewal."
The person holding a valid identification card must continue to meet the
qualifications set forth in section 4749.06 of the Revised Code and continue to
meet the following renewal requirements: (1) Certifies that he/she
has not been convicted of, or pled guilty to, a disqualifying offense as
defined in rule 4501:7-1-19 of the Administrative Code during the previous
registration year; (2) Pays the annual
renewal fee as set forth in rule 4501:7-1-17 of the Administrative Code. The
fee may be paid by certified check or money order payable to Ohio treasurer of
state or if submitted on-line, may be paid electronically. If an individual fails to meet the renewal
requirements, the registration is expired without the taking of any action by
the department. Registrants desiring to register again will be required to make
new application to the department in accordance with section 4749.06 of the
Revised Code. (3) The holder of an
expired registration issued pursuant to section 4749.06 of the Revised Code,
who was a member of the uniformed services, or the spouse of a member of the
uniformed services, shall be granted a renewal of the registration at the usual
cost and without penalty if either of the following applies: (a) The registration was not renewed because of the holder's
active service in the armed forces of the United States or a reserve component
of the armed forces of the United States, including the Ohio national guard or
the national guard of any other state. (b) The registration was not renewed because the holder's
spouse served in active service in the armed forces of the United States or a
reserve component of the armed forces of the United States, including the Ohio
national guard or the national guard of any other state, and the service
resulted in the holder's absence from this state. Pursuant to division (B) of section 5903.10 of
the Revised Code, a renewal shall not be granted under paragraph (B)(3)(a) or
(B)(3)(b) of this rule unless the holder or the spouse of the holder, whichever
is applicable, has presented satisfactory evidence of the service member's
discharge under honorable conditions or release under honorable conditions from
active duty or national guard duty within six months after the release or
discharge.
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Rule 4501:7-1-17 | Fees.
(A) The fees for applications for
examination, issuance of licenses or registration cards, replacement or
duplicate licenses or registration cards, transfer of licenses, and annual
renewal of licenses and registrations are as follows: (1) Twenty-five dollars
for application for examination for an individual applicant and, in the case of
a corporation, each officer or qualifying agent specified in the application as
satisfying the requirements of divisions (A)(1) to (F)(1) of section 4749.03 of
the Revised Code pursuant to division (B)(3) of section 4749.03 of the Revised
Code; (2) Five dollars for each
application to license or renew a company pursuant to section 4749.03 of the
Revised Code for the fee charged by the bureau of criminal identification to
enroll the applicant in the retained applicant fingerprint database pursuant to
rules adopted under division (F) of section 109.5721 of the Revised
Code; (3) Three hundred
seventy-five dollars for the issuance of each license pursuant to division
(B)(3) of section 4749.03 of the Revised Code; (4) One hundred dollars
for the issuance of each branch license pursuant to division (A) of section
4749.05 of the Revised Code; (5) Two hundred seventy-five dollars for
the annual renewal of each license pursuant to division (D) of section 4749.03
of the Revised Code; (6) Twenty-five dollars for a duplicate
of a lost, stolen, or destroyed license pursuant to division (E) of section
4749.03 of the Revised Code; (7) Forty dollars for the issuance of
each registration identification card pursuant to division (B) of section
4749.06 of the Revised Code; (8) Twenty-five dollars for the annual
renewal of each registration identification card pursuant to division (F) of
section 4749.06 of the Revised Code; (9) Fifteen dollars for the issuance of
firearm bearer notation on the qualifying agent and employee registration
identification card pursuant to division (A) of section 4749.10 of the Revised
Code; (10) Twenty-five dollars to transfer a
private investigator or security guard provider license from one corporation to
another corporation or from a sole proprietor to a corporation or to transfer a
corporation license to a sole proprietor, pursuant to division (F) of section
4749.03 of the Revised Code; (11) Five dollars for a duplicate of a
lost, stolen, or destroyed registration identification card pursuant to section
4749.06 of the Revised Code. (B) Each fee described in paragraph (A)
of this rule is a nonrefundable fee payable to the department of public safety
except that the three hundred seventy-five dollar initial license fee described
in paragraph (A)(3) of this rule shall be refunded if the license application
is denied.
Last updated April 8, 2021 at 12:19 PM
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Rule 4501:7-1-18 | Retained applicant fingerprint database enrollment.
(A) Each individual, including a partner
in a partnership, an officer, or a qualifying agent who submits an application
to license a company or who submits an application to renew a license pursuant
to section 4749.03 of the Revised Code, shall be enrolled in the retained
applicant fingerprint database maintained by the bureau of criminal
identification and investigation under section 109.5721 of the Revised
Code. (1) Each individual, including a partner
in a partnership, an officer, or a qualifying agent who submits an annual
renewal application pursuant to section 4749.03 of the Revised Code, and who
does not currently have electronic fingerprints on file with the superintendent
of the bureau of criminal identification and investigation, shall submit a set
of electronic fingerprints directly to the superintendent in the method
prescribed in division (C)(2) of section 109.572 of the Revised
Code. (2) The results of the criminal records
check shall be sent via direct copy to the director of public safety, private
investigator security guard services. (3) If the results of the criminal
records check satisfy the requirements of division (A)(1)(a) of section 4749.03
of the Revised Code, and the license is approved or renewed, the applicant
shall be enrolled in the retained applicant fingerprint database. Once enrolled
in the retained applicant fingerprint database, the licensee need not submit
fingerprints on future renewal dates unless otherwise required under Chapter
4749. of the Revised Code. (4) If the results of the
applicant's criminal records check indicate that the applicant does not
have electronic fingerprints on file with the superintendent of the bureau of
criminal identification and investigation, then the applicant shall be granted
a sixty day extension from the date that the department of public safety
notifies the applicant of the records check results. Within this sixty day
extension period, the applicant must submit a set of electronic fingerprints to
the superintendent in the method prescribed in division (C)(2) of section
109.572 of the Revised Code and the director of public safety must receive
results that satisfy the requirements of division (B)(3) of section 4749.06 of
the Revised Code. (5) Failure to provide a fingerprint
submission in accordance with this paragraph shall result in a denial of the
individual's application for license or application for
renewal. (6) If an individual,
including a partner in a partnership, an officer, or a qualifying agent,
submits fingerprints that, due to the lack in clarity of the submitted
fingerprints, cannot be used to enroll in the retained applicant fingerprint
database, the individual shall submit fingerprints at time of the next
year's renewal. (B) Each employee who is registered or
renewed by a class A, B, or C licensee pursuant to section 4749.06 of the
Revised Code shall be enrolled in the retained applicant fingerprint database
maintained by the bureau of criminal identification and investigation under
section 109.5721 of the Revised Code. (1) Each employee who is
registered by a class A, B, or C licensee pursuant to section 4749.06 of the
Revised Code shall be automatically enrolled in the retained applicant
fingerprint database. (2) For each employee who
is renewed by a class A, B, or C licensee pursuant to section 4749.06 of the
Revised Code, and who does not currently have electronic fingerprints on file
with the superintendent of the bureau of criminal identification and
investigation, the licensee shall submit a set of electronic fingerprints
directly to the superintendent in the method prescribed in division (C)(2) of
section 109.572 of the Revised Code. (3) The results of the
employee's criminal records check shall be sent via direct copy to the
director of public safety, private investigator security guard
services. (4) If the results of the
employee's criminal records check satisfy the requirements of division
(B)(3) of section 4749.06 of the Revised Code, and the registration is approved
or renewed, the employee shall be enrolled in the retained applicant
fingerprint database. Once an employee is enrolled in the retained applicant
fingerprint database, the employee need not submit fingerprints on future
renewal dates unless otherwise required under Chapter 4749. of the Revised
Code. (5) If the results of the
employee's criminal records check indicate that the employee does not have
electronic fingerprints on file with the superintendent of the bureau of
criminal identification and investigation, then the licensee shall be granted a
sixty day extension from the date that the department of public safety notifies
the licensee of the records check results. Within this sixty day extension
period, the licensee must submit a set of the employee's electronic
fingerprints to the superintendent in the method prescribed in division (C)(2)
of section 109.572 of the Revised Code and the director of public safety must
receive results that satisfy the requirements of division (B)(3) of section
4749.06 of the Revised Code. (6) Failure to provide an
employee's fingerprint submission in accordance with this paragraph shall
result in a denial of the employee's registration or renewal. (7) If an employee who is
registered or renewed by a class A, B, or C licensee pursuant to section
4749.06 of the Revised Code submits fingerprints that, due to the lack in
clarity of the submitted fingerprints, cannot be used to enroll in the retained
applicant fingerprint database, the employee shall submit fingerprints at time
of the next year's renewal.
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Rule 4501:7-1-19 | Disqualifying offenses.
(A) "Disqualifying offense"
means a conviction or plea of guilty to a felony offense that has a direct
bearing on an individual's fitness or ability to perform the duties or
responsibilities related to the provision of private investigator services,
security guard services, or both. (B) For purposes of sections 4749.03 and
4749.04 of the Revised Code, the following offenses are disqualifying
offenses: (1) Aggravated burglary
as set forth in section 2911.11 of the Revised Code; (2) Breaking and entering
as set forth in section 2911.13 of the Revised Code; (3) Burglary as set forth
in section 2911.12 of the Revised Code; (4) Deception to secure
writing as set forth in section 2913.43 of the Revised Code; (5) Endangering children
as set forth in section 2919.22 of the Revised Code; (6) Forgery as set forth
in section 2913.31 of the Revised Code; (7) Identity fraud as set
forth in section 2913.49 of the Revised Code; (8) Misuse of a credit
card as set forth in section 2913.21 of the Revised Code; (9) Unauthorized use of
property - computer, cable, or telecoummunication property as set forth in
section 2913.04 of the Revised Code; (10) Passing bad checks
as set forth in section 2913.11 of the Revised Code; (11) Receiving stolen
property as set forth in section 2913.51 of the Revised Code; (12) Safecracking as set
forth in section 2911.31 of the Revised Code; (13) Theft as set forth
in section 2913.02 of the Revised Code; (14) Voyeurism as set
forth in section 2907.08 of the Revised Code; (15) Wiretapping as set
forth in section 2933.52 of the Revised Code; (16) Menacing by stalking as set forth in section 2903.211
of the Revised Code; (17) Menacing as set forth in section 2903.22 of the Revised
Code; (18) Telecommunications harassment as set forth in section
2917.21 of the Revised Code; (19) Inducing panic as set forth in section 2917.31 of the
Revised Code; (20) Making false alarms as set forth in section 2917.32 of
the Revised Code; (21) Criminal mischief as set forth in section 2909.07 of
the Revised Code; (22) An attempt or conspiracy to commit or
complicity in committing any of the offenses listed in paragraphs (B)(1) to
(B)(21) of this rule, if the attempt, conspiracy, or complicity is a
felony; (23) A violation of any former law of this
state, any existing or former law of another state, existing or former law
applicable in a military court or an Indian tribal court, or any existing or
former law of any nation other than the United States that is or was
substantially equivalent to any of the offenses listed in paragraphs (B)(1) to
(B)(21) of this rule. (C) For purposes of division (B)(3) of
section 4749.06 of the Revised Code, "disqualifying offense" means a
felony conviction or plea of guilty to any of the offenses listed in paragraphs
(B)(1) to (B)(23) of this rule and a conviction or plea of guilty to a crime of
moral turpitude, as that term is defined in section 4776.10 of the Revised
Code.
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Rule 4501:7-1-20 | Notice of meeting.
(A) For the purpose of this rule
"the commission" means the Ohio private investigation and security
services commission (OPISSC). (B) The department of public safety
(department) shall post notice of all regularly scheduled meetings of the
commission and any of its committees, subcommittees, and workgroups, on the
department's website, which may be accessed at
http://pisgs.ohio.gov/pissc.stm at least fourteen days prior to each regularly
scheduled meeting. Such notice shall include the time and place of the meeting
and may include the tentative agenda for the meeting. Nothing in this section
shall be construed as prohibiting any member of the commission from requesting
that an item be added to the agenda in writing once it is posted to the
website. (C) Any person or media outlet may obtain advance notice of
any meeting of the commission, its committees, subcommittees and workgroups by
requesting to be placed on an email notification list as no cost, or to receive
notice by regular mail for a reasonable fee. Requests for notice of meetings
may be submitted to the department in written form, or may be made in person
during regular business hours. Written request for notice of meetings may be
general in nature or may be specific to meetings where a particular type of
business will be considered. Written requests may be mailed to "Private
Investigator Security Guard Services, 1970 West Broad Street, Columbus, Ohio
43223," and shall include the name of the person submitting the request,
any organization with which the person is affiliated, mailing address,
electronic mail address, telephone number, and whether notice is sought for all
or specified types of meetings.
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Rule 4501:7-1-21 | Process for veteran applications.
Comment: Information regarding the availability and
effective dates of the materials incorporated by reference in this rule can be
found in paragraph (M) of rule 4501:7-1-01 of the Administrative Code. (A) The department shall track and
monitor "Provider Applications," "Qualifying Agent
Applications," "Employee Registration Applications,"
"Provider License Renewals," "Qualifying Agent Renewals,"
and "Employee Registration Renewals," that have been received from
veterans, as defined in paragraph (I) of rule 4501:7-1-01 of the Administrative
Code, and/or spouses of veterans. (B) The department shall prioritize and
expedite a completed "Provider Application," "Qualifying Agent
Application," "Employee Registration Application,"
"Provider License Renewal," "Qualifying Agent Renewal," and
"Employee Registration Renewal," for veterans and spouses of veterans
within four business days of receipt. An application shall be considered
complete only when all requirements as set forth in rules 4501:7-1-04,
4501:7-1-08, 4501:7-1-09, and 4501:7-1-16 of the Administrative Code, as
applicable, are met and the documentation as required in paragraph (C) of this
rule has been provided to the department. (C) Satisfactory evidence that the
applicant or applicant's spouse is a veteran or member of the armed forces
includes the applicant's official military identification card, official
DD-214 separation document, or other official military documentation approved
by the director of the department. A marriage certificate may be required, in
addition to evidence of status as a veteran, if the applicant is the spouse of
a veteran. (D) In order to expedite the processing
of applications and renewals, especially for individuals facing imminent
deployment, the department shall accept necessary information in support of the
applications by electronic and other appropriate means.
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Rule 4501:7-1-22 | Firearm bearer notation issuance and renewal.
[Comment: Information regarding the availability
and effective date of the materials incorporated by reference in this rule can
be found in paragraph (M) of rule 4501:7-1-01 of the Administrative
Code.] (A) Any person who wishes to carry a
firearm in the course of engaging in the business of private investigation,
security services, or both shall: (1) Submit either a paper
or an electronic "Firearm Bearer Notation Application" accompanied by
the fee provided for in section 4749.10 of the Revised Code. The fee may be
paid electronically, or if a paper application is submitted, may be paid by
check or money order payable to Ohio treasurer of state. (2) Submit: (a) A certificate of satisfactory completion of a basic firearm
training program from the "Ohio Peace Officer Training Commission"
(OPOTC) which includes at least twenty hours in handgun training at a
commission approved training school; (b) An equivalency letter from OPOTC if the person successfully
completed a firearm training program approved by OPOTC as being equivalent to
the twenty hour basic firearm training from 1982 to 1985; or (c) A certificate or other evidence of satisfactory completion of
a firearms training course at a certified OPOTC training school or law
enforcement academy, if the applicant is a current or former peace officer,
Ohio state highway patrol officer, or federal officer. (3) If the certificate
described in paragraph (A)(2)(a) of this rule was obtained more than eighteen
months prior to the date of application, submit a certificate of satisfactory
requalification in firearms use on a firearms training range at a firearms
requalification program certified by the OPOTC or on a firearms training range
under the supervision of an instructor certified by the OPOTC within the twelve
months immediately preceding the date of submitting the "Firearm Bearer
Notation Application." (4) If the applicant
intends to carry a firearm other than a handgun, the applicant shall submit a
certificate of satisfactory completion of a minimum of five hours of training
in the use of the other type of firearm from an OPOTC approved training
program. Such certificate much be submitted for each type of firearm the
applicant intends to carry. (5) For the purpose of a
state and federal bureau of investigation background check, submit directly to
the bureau of criminal identification and investigation, with direct copy to
the department, a complete set of fingerprints along with notification that the
applicant intends to carry a firearm in the course of business. (B) If upon review of the application
materials submitted under this rule and the applicant's criminal
background check, the director determines that the applicant meets the
requirements set forth in section 4749.10 of the Revised Code, this rule, and
is not subject to any state or federal firearms disabilities as set forth in
section 2923.13 of the Revised Code and 18 USC 922(g), the director shall issue
the applicant an employee registration card with a firearm bearer notation. The
employee registration card with firearm bearer notion shall indicate the types
of firearms the firearm bearer notation holder is authorized to carry in the
course of his or her duties, the date of expiration of the firearm bearer
notation, and the date of expiration of the employee registration
card. (C) The firearm bearer notation and the
employee registration card may have different expiration dates. A firearm
bearer notation is valid only until the date of expiration listed on the
firearm bearer notation, even if the employee registration card has a later
expiration date. (1) The initial firearm
bearer notation is valid for eighteen months from the date of qualification
listed on certificate submitted under paragraph (B) of this rule and subsequent
renewals of the firearm bearer notation expire twelve months from the date of
requalification listed on the certificate of satisfactory
requalification. (2) A firearm bearer
notation may be renewed by submitting a "Firearm Bearer Notation
Application" accompanied by the fee provided for in section 4749.10 of the
Revised Code, and submitting a certificate of satisfactory requalification for
each type of firearm the person intends to carry. The requalification training
must occur within twelve months immediately preceding the date of renewal
submission. (3) If a firearm bearer
renewal application is not received by the department on or before the firearm
bearer notation expiration date, the firearm bearer notation is expired and
will not be renewed. An application for a new firearm bearer notation shall be
submitted in accordance with paragraph (A) of this rule. If the employee
registration card is unexpired, the employee may continue to provide unarmed
private investigative, security services, or both. (4) Regardless of the
firearm bearer notation expiration date, if the employee registration card
expires or if the department revokes, suspends, or refuses to renew the
employee registration card, the firearm bearer notation shall automatically be
expired, revoked, suspended, or not renewed.
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Rule 4501:7-1-23 | Firearm bearer prohibitions and disciplinary actions.
[Comment: Information regarding the availability
and effective date of the materials incorporated by reference in this rule can
be found in paragraph (M) of rule 4501:7-1-01 of the Administrative
Code.] (A) A firearm bearer notation issued in
accordance with section 4749.10 of the Revised Code and rule 4501:7-1-22 of the
Administrative Code does not authorize an individual to carry a concealed
handgun or other dangerous ordnance or exempt any person from the provisions of
Chapter 2923. of the Revised Code. Any person who intends to carry a concealed
handgun in the course of his or her duties as a private investigator, security
guard, or both must also have a concealed handgun license issued in accordance
with section 2923.125 of Revised Code or fall within one of the exemptions
listed in division (C) of section 2923.12 of the Revised Code. (B) No licensee shall allow an employee
or independent contractor to carry a firearm: (1) While engaging in the
business of private investigation, security services, or both, unless that
person is carrying a valid employee registration card with a valid firearm
bearer notation issued in accordance with this rule and section 4749.10 of the
Revised Code; (2) While engaging in the
business of private investigation, security services, or both while the
person's employee registration application or firearm bearer notation
application is in an applied or pending status with the department;
or (3) Other than the types
of firearms indicated on the firearm bearer notation while engaging in the
business of private investigation, security services, or both. (C) No person who is required to be
licensed or registered under Chapter 4749. of the Revised Code shall carry a
firearm while engaging in the business of private investigation, security
services, or both, unless the individual is carrying on their person, a valid
employee registration card with a valid firearm bearer notation issued in
accordance with this rule and section 4749.10 of the Revised Code. (D) No person who is required to be
licensed or registered under Chapter 4749. of the Revised Code shall carry
firearm while engaging in the business of private investigation, security
services, or both while the person's employee registration application or
firearm bearer notation application is in applied or pending status with the
department. (E) No person with a valid firearm bearer
notation shall carry a firearm other than the types of firearms indicated on
the firearm bearer notion while engaging in the business of private
investigation, security services, or both. (F) The prohibitions listed in paragraphs
(B), (C), (D), and (E) of this rule do not apply to unregistered commissioned
peace officers who are exempt from the registration requirements of section
4749.06 of the Revised Code. (G) Every licensee shall maintain records
for the current calendar year plus the two previous calendar years of employees
that carry firearms in the course of their duties. Such records shall include
the dates in which that employee worked an armed account, but need not include
any identifying information regarding the client for whom armed security is
provided. Such records shall be made available upon request to the department
as part of an audit or inspection.
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