SECTION 390:35-7-8. Individual private security applicant requirements

(a)   Applicants for a License issued pursuant to Title 59, Section 1750.1 through 1750.13 must:

(1)   Be a citizen of the United States or an alien legally residing in the United States and have a minimum of six (6) months legal residence documented in this state;

(2)   Be at least Eighteen (18) years of age for an unarmed license and at least twenty one (21) years of age for an armed license;

(3)   Proof of successful completion of the training and psychological evaluation requirements for the license applied for, and related testing, as prescribed by CLEET;

(4)   Have no final victim protection orders issued in any state in which applicant is the respondent / defendant;

(5)   Have no record of a felony conviction or a deferred judgment or suspended sentence for a felony offensethat substantially relates to the occupation of a security guard or private investigator and poses a reasonable threat to public safety;

(A)   If the applicant is the defendant in such a felony criminal prosecution that is pending, no license will be issued until final resolution of the criminal prosecution.

(B)   If the applicant is the subject of an Order Deferring Imposition of Judgment and Sentence in such a felony case, no license will be issued until completion of the deferred sentence and dismissal of the criminal prosecution without a finding of guilt.

(C)   If the Applicant was convicted of a felony that substantially relates to the occupation of a security guard or private investigator, and the sentence was completed more than five

(5)   years prior to the date of application, and the Applicant otherwise meets the licensing requirements, an Unarmed Security or Private Investigator License may be issued, but an Armed Security Guard or Armed Private Investigator license may not be issued to the Applicantif the felony involved the use of a firearm or was violent in nature. The Applicant must provide all documentation required by CLEET.

(6)   Have no record of conviction for assault or assault and battery, aggravated assault and battery, larceny, theft, false pretense, fraud, embezzlement, false impersonation of an officer, any offense involving a minor as a victim, any nonconsensual sex offense, any offense involving the possession, use, distribution, or sale of a controlled dangerous substance, any offense involving a firearm, or any other offense as prescribed by the Council.

(b)   If an applicant was convicted of a disqualifying crime, and the sentence was completed more than five (5) years prior to the application date and the Council is convinced the offense constituted an isolated incident and the applicant has been rehabilitated, the Council may, in its discretion, waive the conviction disqualification as provided for in this paragraph and issue an unarmed Security or Private Investigator license, but shall not issue an armed Security or Private Investigator license if the offense was a felony and involved the use of a firearmor was violent in nature. The passage of five (5) years from completion of the sentence does not mean that the applicant is entitled to a license. The decision on whether the disqualifying conviction is waived is within the sole discretion of CLEET. The applicant must supply all documentation required by CLEET for consideration of a possible waiver.

(c)   If it is discovered that a disqualifying conviction exists, other than one that was waived pursuant to this section, the Council shall immediately revoke or deny any license;

(d)   Under oath, the applicant shall certify that the applicant has no disqualifying convictions as specified in the Private Security Licensing Act or by CLEET rule, or must disclose the disqualifying convictions and state that more than five (5) years have lapsed since the completion of the sentence for a disqualifying conviction.

(e)   The applicant must provide CLEET and the Oklahoma State Bureau of Investigation with individual fingerprints for a state and national criminal history records search.

(f)   The applicant must supply CLEET two (2) current individual passport - sized photographs with the completed CLEET application.

(g)   The applicant must provide certified copies of all court documents showing the disposition of any criminal charges. If no certified copies are available, the applicant must provide a "no records letter" from the appropriate court. Obtaining and providing certified copies is the responsibility of the applicant.

(h)   The applicant must state, under oath, that the applicant is not currently undergoing treatment for a mental illness, condition, or disorder.

(i)   The applicant must state, under oath, whether the applicant has ever been adjudicated incompetent or committed to a mental institution.

(j)   The applicant must state, under oath, whether the applicant has any history of illegal drug use or alcohol abuse.

(k)   Upon presentation by the Council of the name, gender, date of birth, and address of the applicant to the Department of Mental Health and Substance Abuse Services, the Department of Mental Health and Substance Abuse Services shall notify the Council within ten (10) days whether the computerized records of the Department indicate the applicant has ever been involuntarily committed to an Oklahoma state mental institution.

(l)   The applicant must state, under oath, whether the applicant has ever been charged with any misdemeanor domestic violence offense.

(m)   The applicant must provide proof of liability insurance or an individual bond in a minimum amount established by the Private Security Licensing Act.

(n)   The applicant must complete all the training requirements, and pass the appropriate examinations related to training.

(o)   The signature of the applicant on the Application shall be considered an attestation that the Applicant has read these Rules, and agrees to obey these Rules.

(p)   Private Security guard and or private investigator licenses are not transferrable.

(q)   Any changes in licensee's information shall be provided to CLEET in writing within ten (10) days of the effective date of the change. Notice of changes of Licensee information will not be accepted over the phone.

(r)   An applicant who previously voluntarily surrendered an Unarmed Security Guard, Armed Security Guard, Unarmed Private Investigator, Armed Private Investigator license, any combination license, or an Agency license shall complete all application requirements, including paying the applicable licensing fee, as if he or she is a new applicant. If said applicant was in good standing with CLEET and was not the subject of an investigation into, or a pending or completed proceeding involving, allegations of violation of the Act or CLEET rules at the time of such voluntary surrender, no particular time requirement shall be imposed before such applicant can make a new application. If such applicant voluntarily surrendered his or her license(s) while a subject of an investigation into, or a pending or completed proceeding involving, allegations of violation of the Act or CLEET rules, such applicant will not be eligible to apply for another license under the Act until five (5) years have passed from the date of such voluntary surrender.

[Source: Added at 34 Ok Reg 1742, eff 9-11-17; Amended at 37 Ok Reg 1989, eff 9-11-20]