SECTION 390:35-7-4. Background investigation of applicants

(a)   The requirements of the Act will necessitate an investigation into the personal history, employment history, and moral character of each applicant. Local, state, and federal criminal indices will be examined in the normal processing of applications for evidence of any prior criminal record. In addition to those offenses set forth in the Statutes, convictions of crimes set forth in Appendix A of this Chapter, may be deemed as disqualifying convictions.

(b)   Failure to provide the information necessary to complete this background investigation, including certified copies of final dispositions, shall preclude any further processing and shall result in denial of said application.

(c)   Fingerprint cards or electronically captured fingerprints submitted by an applicant which have been rejected by the Oklahoma State Bureau of Investigation (OSBI) or Federal Bureau of Investigation (FBI), have failed to meet the statutory requirement of 59 O. S. Section 1750.6 (A)(1) for providing "classifiable fingerprints to enable the search of criminal indices for evidence of prior criminal record".

(1)   Upon notice to CLEET from the OSBI or FBI that fingerprints have been rejected, CLEET shall send written notice to the applicant requesting resubmission of fingerprints.

(2)   Failure to resubmit fingerprints within thirty (30) days of the request for resubmittal shall preclude any further processing and shall result in denial, suspension or revocation of any license held by the applicant.

(3)   Upon the third rejection of fingerprints by the OSBI or FBI or the expiration of one-hundred-eighty days (180) days, whichever occurs first, from the original date of issuance of any license, such license shall be suspended or revoked until such time that classifiable fingerprints have been submitted and criminal history reports have been received from OSBI and FBI.

(d)   An applicant shall state any and all names previously used by the applicant, and the date of any name change.

(e)   An applicant shall provide information on any previous licenses held as a private security guard or private investigator, whether in this state or other state, and any previous revocations or suspensions of any such license.

(f)   No license shall be issued under the following circumstances:

(1)   A new license shall not be issued if a disqualifying charge is pending against the applicant in any court in this state, another state, tribal court, or pursuant to the United States Code.

(2)   A new or renewal license shall not be issued if the applicant is subject to the provisions of a deferred sentence or deferred prosecution in any court in this state, another state, tribal court, or pursuant to federal authority for the commission of any disqualifying offense. The preclusive period shall be for five (5) years and shall begin upon the final determination of the matter.

(g)   An applicant who has been reported to CLEET to have been involuntarily committed at anytime, will be notified in writing of the alleged involuntary commitment along with the applicant's employer. The applicant shall provide to CLEET written notification of a psychological evaluation conducted by a licensed physician or psychologist which attests and states by affidavit that the licensee and the evaluation test data of the licensee have been examined and that, in the professional opinion of the physician or psychologist, the licensee is psychologically suitable to be a security guard or private investigator.

[Source: Amended at 11 Ok Reg 1289, eff 2-16-94 (emergency); Amended at 11 Ok Reg 2853, eff 6-15-94; Amended at 19 Ok Reg 2672, eff 7-11-02; Amended at 23 Ok Reg 1934, eff 7-1-06; Amended at 32 Ok Reg 2027, eff 9-11-15; Amended at 34 Ok Reg 1742, eff 9-11-17; Amended at 35 Ok Reg 1790, eff 9-14-18; Amended at 36 Ok Reg 1143, eff 8-11-19; Amended at 37 Ok Reg 1989, eff 9-11-20]