Introduced By: Representatives Kennedy, Naughton, Henseler, Carter and McGowan
Date Introduced : February 25, 1998
Referred To: Committee on Corporations
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 5-57 of the General Laws entitled "Burglar and Hold-Up Alarm Businesses" is hereby amended by adding thereto the following section:
{ADD 5-57-43. Rules and Regulations. -- ADD} {ADD The director of the department of business regulations is authorized to promulgate rules and regulations providing for the issuance of identification cards for persons employed in the burglar and hold-up alarm business. ADD}
SECTION 2. This act shall take effect upon passage.
SECTION 3. Sections 5-57-1 through 5-57-42 of the General Laws in Chapter 5-57 entitled "Burglar and Hold-Up Alarm Businesses" are hereby repealed.
{DEL 5-57-1. Purpose. -- DEL {DELThe purpose of this
chapter is to provide uniform procedures and qualifications throughout
this state for the licensing of alarm businesses and the issuance
of identification cards to alarm agents and certain other individuals. DEL}
{DEL 5-57-2. Definitions. -- DEL {DEL For the purpose
of this chapter, the following terms, phrases, words and their
derivations shall have the meaning given herein. When not inconsistent
with the context, words used in the plural number shall include
the singular number and words used in the singular number shall
include the plural number: DEL}
{DEL (1) "Alarm agent" means any individual employed
within this state by an alarm business, whose duties include the
altering, installing, maintaining, moving, repairing, replacing,
selling or servicing of an alarm system or responding to or causing
others to respond to an alarm system. DEL}
{DEL (2) "Alarm business" means and includes any
business, both resident and non-resident, engaged in the installation,
maintenance, alteration, repair, replacement, or servicing of
alarm systems or which responds to or causes others to respond
to those alarm systems at a protected premises within this state.
Any "alarm business" licensed under this chapter shall
maintain a twenty-four (24) hour per day service structure, the
terms and conditions of which or procedures for implementation
shall be established by the licensing authority through rule and
regulation. DEL}
{DEL (3) "Alarm system" means an assembly of equipment
and devices (or a single device such as a solid state unit which
plugs directly into a 110-volt AC line) designed to detect and
signal an unauthorized intrusion into premises or to signal an
attempted robbery at premises and with respect to that signal
police or private guards are expected to respond. Fire alarm systems
and alarm systems which monitor temperature, humidity, or any
other condition not directly related to the detection of an unauthorized
intrusion into premises or an attempted robbery at premises are
excluded from the provisions of this chapter. DEL}
{DEL (4) "Department" means the department of business
regulation. DEL}
{DEL (5) "Director" means the director of the department
of business regulation. DEL}
{DEL (6) "Licensing authority" means the department
of business regulation. DEL}
{DEL (7) "Notify by mail", when used to notify applicant
of approval of license or I.D. card; or when used to forward license
or permanent I.D. card to licensee or I.D. card holder means first
class mail. When used to notify applicant, licensee, or I.D. card
holder of intent to refuse or deny application, or suspend or
revoke such license or I.D. card, or to notify a licensee, applicant,
or I.D. card holder of final, refusal, denial, suspension, or
revocation of that application, license or I.D. card, the term
"notify by mail" shall mean certified mail, return receipt
requested. DEL}
{DEL (8) "Owner" means a person who holds an interest
of twenty-five percent (25%), directly or indirectly, or more
in an alarm business. DEL}
{DEL (9) "Person" means an individual, firm, partnership,
corporation, or organization of any nature. DEL}
{DEL (10) "Principal corporate officer" means the
president, vice president, treasurer, secretary and comptroller
as well as any other person who performs functions for the corporation
corresponding to those performed by the foregoing officers. DEL}
{DEL (11) "Subscriber" shall mean a person or business
which buys or otherwise obtains an alarm system and has a contract
with an alarm business to monitor and/or service the alarm system. DEL}
{DEL 5-57-3. Licensing authority -- Creation. -- DEL {DEL
The department of business regulation shall carry out the functions
and duties conferred upon it by this chapter and shall hereinafter
be referred to as "the licensing authority", in that
context. DEL}
{DEL 5-57-4 -- 5-57-8. [Repealed.] DEL}
{DEL 5-57-5. [Repealed.] DEL}
{DEL 5-57-6. [Repealed.] DEL}
{DEL 5-57-7. [Repealed.] DEL}
{DEL 5-57-8. [Repealed.] DEL}
{DEL 5-57-9. Licensing authority -- Staff. --
The director of business regulation shall have the authority to
hire and terminate such clerical and professional personnel, including
a chief licensing examiner, to handle daily operations of the
licensing authority as shall be necessary to enable it to fulfill
its mandate under the provisions of this chapter. All such expenses
shall be paid out of the general fund, and the state controller
is hereby authorized and directed to draw his or her orders therefor
upon the general treasurer upon receipt by him or her of properly
authenticated vouchers signed by the director, or deputy director
of the department of business regulation. DEL}
{DEL 5-57-10. Licensing authority -- Seal. -- DEL} {DEL
The licensing authority shall have a seal, the form of which it
shall prescribe. DEL}
{DEL 5-57-11. Licensing authority -- Rules and regulations.
-- DEL} {DEL The authority to promulgate rules and regulations which
are reasonable, proper and necessary to carry out the functions
of the licensing authority; to enforce the provisions of this
chapter; and to establish procedures for the preparation and processing
of examinations, applications, license certificates, I.D. cards,
renewals, appeals, hearings, and rulemaking proceedings is hereby
vested in the licensing authority. DEL}
{DEL 5-57-12. Licensing authority -- Issuance of subpoenas
-- Contempt powers. -- DEL} {DEL (a) In any investigation conducted
under the provisions of this chapter, the licensing authority
may issue subpoenas to compel the attendance of witnesses and
the production of relevant books, accounts, records, and documents.
The officer conducting a hearing may administer oaths and may
require testimony or evidence to be given under oath. DEL}
{DEL (b) If a witness refuses to obey a subpoena or to give
any evidence relevant to proper inquiry by the licensing authority,
the licensing authority may petition a court of competent jurisdiction
within the state to compel the witness to obey the subpoena. DEL}
{DEL {ADD 5-57-13 [Repealed.] ADD} DEL}
{DEL {ADD 5-57-13.1. Procedures for adoption of rules. -- ADD}
The licensing authority shall follow the procedures for adoption
of rules set forth by the Administrative Procedures Act, chapter
35 of title 42. DEL}
{DEL 5-57-14. Alarm business license required -- Licensing
of electricians. -- (a) It shall be unlawful and punishable
as provided in section 5-57-41 for any person to engage in the
alarm business within this state without having first obtained
an alarm business license from the state licensing authority,
subject to subsection (c); Provided, however, that nothing contained
in this chapter shall be construed to prohibit an electrician
licensed pursuant to chapter 6 of this title from installing a
burglar or hold-up alarm system; and provided further that no
electrician licensed pursuant to this section shall install any
burglar or hold-up alarm system in any bank or other financial
institution or in any residential housing with four (4) units
or less. DEL}
{DEL (b) Authority for the licensing of any electrician shall
be vested with the department of labor and training which shall: DEL}
{DEL (1) After receipt of an application for a license, conduct
an investigation to determine whether the facts set forth in the
application are true and shall receive from the department of
the attorney general all records of criminal information which
it has or shall receive indicating any criminal activity on the
part of the individual signing the application. DEL}
{DEL (2) Deny any application of a person who has been convicted
in any jurisdiction of the United States of a felony or a misdemeanor
if the licensing authority finds that the conviction reflects
unfavorably on the fitness of the applicant to engage in the alarm
business. DEL}
{DEL (c) Every person desiring to be engaged in the alarm business
within this state shall apply to the licensing authority for a
license to operate an alarm business. Any person engaged in the
alarm business on July 1, 1979 and filing a timely application
may continue to engage in the alarm business pending a final determination
of such application. Any person not having previous experience
in the alarm business and filing as a new applicant who will be
the owner or principal officer of the business or branch office
in this state shall not engage in the alarm business until approval
by the licensing authority of his or her alarm business license
and I.D. card applications for himself or herself and his or her
employees. DEL}
{DEL 5-57-15. Contents of applications for licenses.
-- (a) Applications for licenses required by the provisions
of this chapter shall be filed with the licensing authority on
a form provided by the licensing authority. If the applicant is
an individual, the application shall be subscribed and sworn to
by such individual. If the applicant is a firm or partnership,
the application shall be subscribed and sworn to by an owner in
the case of a firm, and by at least one general partner in the
case of a partnership. If the applicant is an individual and does
not reside, operate any business or is not employed within the
state or if in the event the applicant is a firm or partnership
and no owner or general partner resides, operates a business or
is employed within the state, then the application must also be
subscribed and sworn to by an individual having the authority
and the responsibility for the management and operations of the
alarm business within the state. If the applicant is a corporation,
the application shall be subscribed and sworn to by at least one
principal officer of the corporation. If the applicant is a corporation
and none of its principal officers is responsible for the management
and operations of the alarm business within the state, the application
shall also be subscribed and sworn to by an individual having
the authority and responsibility for the management and operations
of the alarm business within the state. DEL}
{DEL (b) If the applicant is a corporation, the application
shall specify the date and place of its incorporation, the location
of the applicant's principal place of business, a list of the
principal officers of the corporation, owners of twenty-five percent
(25%) or more of outstanding stock of all classes of the corporation,
and the business address, residence address and the office or
position held by each such officer in the corporation. DEL}
{DEL (c) The application shall include the following information
for each individual required to subscribe and swear to it: DEL}
{DEL (1) The individual's full name and address (business and
residence); DEL}
{DEL (2) The individual's business telephone number; DEL}
{DEL (3) The individual's date and place of birth; DEL}
{DEL (4) The individual's social security number; DEL}
{DEL (5) The name and address of the individual's present place
or places of employment or self-employment and the length of time
engaged therein; DEL}
{DEL (6) A list of all felony and misdemeanor convictions of
such individual in any jurisdiction; DEL}
{DEL (7) Two classifiable sets of fingerprints of the individual
having the authority and the responsibility for the management
and operation of the alarm business within the state, recorded
in such manner as may be specified by the licensing authority;
and DEL}
{DEL (8) Whether the individual has ever been denied in any
jurisdiction a license or permit to engage in the alarm business
or has had such license or permit revoked. DEL}
{DEL (d) The application shall include the following information
concerning the applicant: DEL}
{DEL (1) The name, address and telephone number of the alarm
business and the locations where it intends to operate within
the state; DEL}
{DEL (2) A statement as to the length of time that the applicant
has been engaged in the alarm business and where engaged; and
the date when the alarm business or businesses commenced operation
in the state or when the alarm business intends to commence that
operation; DEL}
{DEL (3) A statement as to whether, to the best knowledge and
information of the individual signing the application; and of
the owners, partners or principal corporate officers of the applicant,
including those not residing within the state, have been convicted
in any jurisdiction of a felony or misdemeanor. If there have
been any such convictions, then the application shall set forth
the names of the individuals convicted and the dates and places
of such convictions. DEL}
{DEL (e) The licensing authority may require that the application
include any other information which the licensing authority may
reasonably deem necessary to determine whether the applicant or
individual signing the application meets the requirements of this
chapter or to establish the truth of the facts set forth in the
application. DEL}
{DEL (f) Any individual signing a license application must
be at least eighteen (18) years of age. DEL}
{DEL 5-57-16. Experience or examination requirements.
-- (a) Every alarm business shall meet either the experience
requirement of subsection (c) or the examination requirement of
subsection (f) before it may engage in the alarm business. DEL}
{DEL (b) Applicants engaged in the alarm business on September
1, 1977 shall have three (3) months from the date of conditional
approval of their alarm business application by the licensing
authority to comply with the examination requirements of this
section; provided, however, that if within that time the applicant
is unable to engage an individual meeting the requirements of
subsection (f), the licensing authority may for good cause shown,
extend for a reasonable time, not to exceed ninety (90) days,
the period within which the applicant shall comply with this section.
Upon satisfactory completion of the examination, procedures, content,
and passing scores for which shall be set forth in rules and regulations,
the licensing authority shall lift its conditional approval and
shall grant its full approval of the company licensed to do business.
Applicants who do not take the examination must satisfy the experience
requirement required by subsection (c). DEL}
{DEL (c) Experience requirement: In order to comply with this
requirement, at least one individual who is an owner, officer,
partner, manager, or employee of the applicant shall establish
that he or she was engaged or was employed in an alarm business
in sales, installation or service for an aggregate period of three
(3) years prior to the filing of the application. That individual
shall file with the licensing authority sworn statements relating
to the foregoing facts of at least two (2) citizens of the community
or communities in which that individual was so engaged or employed.
The individual whom the applicant relies upon to comply with this
subsection shall be required to devote a substantial portion of
his or her time to engaging in and/or supervising the sale, installation,
or servicing of alarm systems on behalf of the applicant. DEL}
{DEL (d) For the purposes of the three (3) year experience
requirement of subsection (c), employment by or engagement in
an alarm business in one or more communities within the state
may be aggregated. In the event, however, that the individual
whom the applicant relies upon to comply with subsection (c) must
aggregate his or her past experience in the alarm business in
two (2) or more states, the individual must submit sworn statements
of two (2) or more citizens of each such state or states as to
that experience. DEL}
{DEL (e) If the licensing authority determines that the applicant
has not satisfactorily complied with subsection (c) or that the
prior experience of the individual whom the applicant relies upon
to comply with subsection (c) is not sufficient to permit the
applicant to engage in the alarm business, it may require the
applicant to comply with subsection (f). DEL}
{DEL (f) Examination requirement: The licensing authority shall
prepare and administer at least twice annually an examination
or examinations designed to measure an individual's knowledge
and competence in the alarm business. It may administer separate
examinations to test an individual's knowledge and competence
with respect to the type and nature of the alarm business in which
the applicant proposes to engage. The individual who qualifies
under this subsection shall be required to devote a substantial
portion of his or her time to engaging in and/or supervising the
sale, installation, or servicing of alarm systems on behalf of
the applicant. DEL}
{DEL (g) In the event that the individual whom the applicant
relies upon to comply with subsection (c) or to qualify under
subsection (f) shall within a period of three (3) years after
that compliance or qualification for any reason cease to perform
his or her duties on a regular basis, the alarm business shall
promptly notify the licensing authority by certified mail and
shall make every effort to obtain as promptly as possible a substitute
eligible individual acceptable to the licensing authority. If
the alarm business fails to obtain a substitute eligible individual
within six (6) months from and after the disqualification of the
licensee, the licensing authority may revoke the alarm business
license or, for good cause shown, may extend for a reasonable
time the period for obtaining a substitute qualifying individual
or the licensing authority may determine, based upon the experience
and performance of the alarm business, that the alarm business
need not obtain a substitute qualifying individual. DEL}
{DEL 5-57-17. Investigation of license applications.
-- After receipt of an application for a license, the
licensing authority shall conduct an investigation to determine
whether the facts set forth in the application are true and shall
receive from the department of the attorney general all records
of criminal information which it has or shall receive indicating
any criminal activity on the part of the individual signing the
application. The department of the attorney general will also
submit the fingerprints of the individual signing the application
to the federal bureau of investigation for review. The department
of the attorney general shall provide the information subject
to the rules and regulations promulgated by the attorney general
regarding the production of that information. DEL}
{DEL 5-57-18. Time limit for action on license applications.
-- Within thirty (30) days after receipt of an application,
the licensing authority shall determine whether the applicant
has met the requirements of this chapter. In the event that additional
information is required from the applicant by the licensing authority
to complete its investigation or otherwise to satisfy the requirements
of this chapter, or if the applicant has not submitted all of
the required information, the thirty-day period for action by
the licensing authority shall commence when all that information
has been received by the licensing authority. DEL}
{DEL 5-57-19. Grounds for denial of applications. --
The licensing authority may deny the application for an alarm
business license if it finds that the applicant or the individual
having the authority and the responsibility for the management
and operation of the applicant's alarm business within the state
or the individual whom the applicant relies upon to comply with
subsections (c) or (f) of section 5-57-16 or any of the applicant's
owners, partners or principal corporate officers have: DEL}
{DEL (1) Committed any act, which, if committed by a licensee,
would be grounds for the revocation of a license under section
5-57-25(a); DEL}
{DEL (2) While unlicensed, knowingly and willfully committed
or aided and abetted in the commission of any act for which a
license is required by this chapter; or DEL}
{DEL (3) Been convicted in any jurisdiction of the United States
of a felony or a misdemeanor if the licensing authority finds
that the conviction reflects unfavorably on the fitness of the
applicant to engage in the alarm business. DEL}
{DEL 5-57-20. Procedure for approval or denial of applications.
-- (a) The procedure of the licensing authority in approving
or denying an application shall be as follows: DEL}
{DEL (1) (i) If the application is approved, the licensing
authority shall notify the applicant in writing of the approval,
and shall state that if bond has not already been received with
the application, upon compliance with section 5-57-21, a license
will be issued. DEL}
{DEL (ii) That notification shall state that the license so
issued will expire in one year, unless renewed in accordance with
sections 5-57-22 and 5-57-23, and shall set forth the time within
which application for renewal must be made; DEL}
{DEL (2) If the application of the alarm business is denied,
the licensing authority shall notify the applicant in writing
and shall set forth the grounds for denial and advise the applicant
of his or her right to a hearing on the denial in accordance with
the provisions established by the Administrative Procedures Act,
chapter 35 of title 42. If the grounds for denial are subject
to correction by the applicant, the notice of denial shall so
state and the applicant shall be given reasonable time after receipt
and acknowledgment of that notice, at the discretion of the licensing
authority (or, upon application, a reasonable period of time),
within which to make the required correction. DEL}
{DEL (b) If the application of the alarm business is denied,
the applicant may schedule a hearing to be held before the licensing
authority or an officer designated by the licensing authority
in accordance with the provisions for that hearing as set forth
in the Administrative Procedures Act, chapter 35 of title 42. DEL}
{DEL 5-57-21. Surety bond. -- (a) No license
shall be issued under this chapter until the applicant files with
the licensing authority a surety bond made payable to the state
in the sum of ten thousand dollars ($10,000.00) conditioned to
recover against the principal, by reason of wrongful acts of a
material nature knowingly engaged in by the licensee in the conduct
of its business. No party other than the licensing authority may
recover against the bond required by this section. The surety
bond must be written by a company authorized to do business in
this state and approved by the licensing authority with respect
to its form, manner of execution and sufficiency. DEL}
{DEL (b) Every licensee shall at all times maintain on file
with the licensing authority the surety bond required by this
chapter in full force and effect. Knowing and willful failure
to do so shall be unlawful and punishable as provided in section
5-57-41. DEL}
{DEL (c) A bond executed and filed with the licensing authority
pursuant to this chapter shall remain in force and effect until
the surety has terminated future liability by notice to the licensing
authority thirty (30) days in advance of termination. DEL}
{DEL (d) The sum of ten thousand dollars ($10,000) in cash
may be deposited with the state in lieu of the surety bond required
by this chapter. DEL}
{DEL 5-57-22. Renewal of licenses. -- Application
for renewal of a license must be received by the licensing authority
on a form provided by the licensing authority no less than thirty
(30) days prior to the expiration date of the license, subject
to the right of the licensing authority to permit late filing
upon good cause shown. The licensing authority may refuse to renew
a license for any of the grounds set forth in subsection (1) of
section 5-57-19 and it shall promptly notify the licensee of its
intent to refuse to renew the license. The licensee may, within
fifteen (15) days after receipt of the notice of intent to refuse
to renew a license, request a hearing on that refusal in the manner
prescribed in section 5-57-20(b). A licensee shall be permitted
to continue to engage in the alarm business while its renewal
application is pending. DEL}
{DEL 5-57-23. Application, license, replacement and renewal
fees. -- (a) A nonrefundable application fee of one hundred
dollars ($100) shall be remitted with each application to cover
investigation and administrative costs. DEL}
{DEL (b) The licensing authority shall promulgate rules and
regulations mandating the term of license for each license issued
pursuant to this chapter; however, no license shall remain in
force for a period in excess of three (3) years. DEL}
{DEL (c) Any fee for the initial issuance of a license or for
the renewal of a license shall be determined by multiplying the
per annum fee by the term of years of the license. The entire
fee for the total term of licensure shall be paid prior to issuing
the initial license or renewal. DEL}
{DEL (d) The per annum fee for the initial issuance of a license
shall be seventy-five dollars ($75.00) which shall be remitted
with the application, but which will be refunded if the application
of the alarm business is denied or withdrawn before approved. DEL}
{DEL (e) (1) The licensee shall submit a completed renewal
application form not later than thirty (30) days before the expiration
of the license with a twenty-five dollar ($25.00) nonrefundable
administrative fee to cover the cost of processing the renewal
application. DEL}
{DEL (2) The per annum fee for renewal shall be seventy-five
dollars ($75.00). If the renewal application of the licensee is
denied, the annual fee will be refunded. DEL}
{DEL (f) All fees shall be paid into the general fund. DEL}
{DEL (g) There shall be a ten dollar ($10.00) charge for issuance
of a duplicate license to replace a lost, damaged original, or
renewal license. Fees for such replacement shall be paid into
the general fund. DEL}
{DEL 5-57-24. Transfer for assignment of licenses --
Continuation of business upon owner's death. -- (a) No
license issued pursuant to the provisions of this chapter shall
be assigned or transferred, either by operation of law or otherwise. DEL}
{DEL (b) If the license is held by an owner rather than a corporation
and that owner shall die, become disabled or otherwise cease to
engage in the alarm business, the successor, heir, devisee, or
personal representative of that owner shall, within thirty (30)
days of such death, disablement, or other termination of operation
by the original licensee, apply for an alarm business license
on a form prescribed by the licensing authority, which form shall
include the same information required by section 5-57-15. The
transferee shall be subject to the same requirements and procedures
set forth in sections 5-57-16 -- 5-57-21 to the extent such sections
are applicable. The unexpired portion of the license which the
new applicant assumes will remain in effect until its expiration
date. The applicant shall pay a pro-rated license fee established
by the licensing authority to include that portion of the license
which remains unexpired since its last date of issue or renewal. DEL}
{DEL (c) In the event that a sale, assignment, or transfer
of an alarm business licensed under this chapter is consummated,
then the purchaser, assignee, or transferee shall be subject to
the same requirements and procedures set forth in sections 5-57-15
-- 5-57-21 to the extent those sections are applicable. DEL}
{DEL (d) With good cause, the licensing authority may extend
the period of time for filing the application required by subsections
(b) and (c). DEL}
{DEL 5-57-25. Grounds and procedure for revocation of
licenses. -- (a) Licenses for alarm businesses may be
revoked by the licensing authority in the manner hereinafter set
forth if the licensee or any of its owners, partners, principal
corporate officers, or the individual having the authority and
the responsibility for the management and operation of the alarm
business within the state are: DEL}
{DEL (1) Found to have violated any of the provisions of this
chapter or any rule or regulation of the licensing authority which
violation the licensing authority determines to reflect unfavorably
upon the fitness of the licensee to engage in the alarm business; DEL}
{DEL (2) Found to have knowingly and willfully given any false
information of a material nature in connection with an application
for a license or a renewal or reinstatement of a license or in
a notice of transfer of an alarm business licensed under this
chapter; DEL}
{DEL (3) Found to have been convicted in any jurisdiction of
a felony or a misdemeanor if the licensing authority determines
that such conviction reflects unfavorably on the fitness of the
applicant to engage in the alarm business; or DEL}
{DEL (4) Found to have committed any act while the license
was not in effect which would be cause for the revocation of a
license, or grounds for the denial of an application for a license
of an alarm business. DEL}
{DEL (b) Prior to revocation of a license, the licensing authority
shall promptly notify the licensee of its intent to issue an order
of revocation and shall advise the licensee of his or her right
to a hearing on the revocation in accordance with the provisions
of the Administrative Procedures Act, chapter 35 of title 42. DEL}
{DEL (c) Within ninety (90) days after the licensee has exhausted
all rights of appeal under the Administrative Procedures Act,
or, if the licensee does not seek a hearing after receipt of a
notice of intent to revoke from the licensing authority, then
within sixty (60) days after receipt of the notice of intent to
revoke, the licensee shall notify all of its subscribers within
the state of that revocation and maintain in its records a copy
of those notices. The licensee shall cease to perform any services
for which it has been licensed under this chapter within sixty
(60) days of its receipt of the final notice of intent to revoke
from the licensing authority. DEL}
{DEL (d) Under circumstances in which the licensing authority
determines that the public health, welfare, or safety may be jeopardized
by the termination of a licensee's services, the licensing authority
may upon its own motion or upon application by the licensee or
any party affected by that termination extend the time for the
termination of the licensee's operations, subject to such reasonable,
necessary and proper conditions or restrictions as it deems appropriate. DEL}
{DEL (e) After the licensing authority has issued a notice
of intent to revoke a license, the licensee may request that it
be permitted to continue to operate subject to the terms of a
written order of consent issued by the licensing authority, requiring
the licensee to correct the conditions set forth as grounds for
revocation in the notice of intent to revoke and imposing reasonable
conditions and restrictions on the licensee in the conduct of
its business. The licensing authority may in its sole discretion
grant or deny such a request and may stay or postpone any proceeding
being conducted pursuant to subsection (b). Negotiations for a
consent order may be requested at any time during revocation proceedings
and stay of pending proceedings during those negotiations shall
be within the sole discretion of the licensing authority. If revocation
proceedings are before a court and the licensing authority shall
submit the proposed order to the court which may approve or disapprove
the proposed order or require modification of the proposed consent
order before approval. DEL}
{DEL (f) The licensing authority shall enact reasonable rules
and regulations for determination of whether the licensee has
complied with a consent order issued pursuant to subsection (e).
If the licensing authority determines that the licensee has failed
to comply, it may revoke that order and conduct proceedings for
revocation of the license. If the consent order has been approved
by a court, then the licensing authority shall petition that court
for vacation of the order. The court shall hold a hearing to determine
if the order should be vacated. If the court vacates the consent
order, the licensing authority may conduct proceedings for revocation
of the license. DEL}
{DEL 5-57-26. Form of license. -- The license,
when issued, shall be in a form prescribed by the licensing authority
and shall include: DEL}
{DEL (1) The name of the licensee; DEL}
{DEL (2) The nature and type of service to be performed; DEL}
{DEL (3) The business name under which the licensee is authorized
to operate; DEL}
{DEL (4) The addresses of the locations where the licensee
is authorized to operate; and DEL}
{DEL (5) The number and date of the license and its date of
expiration. DEL}
{DEL 5-57-27. Posting of license certificates and notices
of license revocation. -- (a) Within seventy-two (72)
hours after receipt of the license certificate, the licensee shall
cause such license certificate to be posted and to be displayed
at all times in a conspicuous place in the principal office of
the licensee within the state copies thereof to be displayed at
all times in any other offices within the state where the alarm
business transacts business with its customers, so that all persons
visiting that place or places may readily see the license. Those
license certificates or copies thereof shall be subject to inspection
at all reasonable times by the licensing authority. DEL}
{DEL (b) It shall be unlawful for any person holding a license
certificate to knowingly and willfully post that license certificate
or permit that license certificate to be posted upon premises
other than those described in the license certificate or to knowingly
and willfully alter that license certificate. Each license certificate
shall be surrendered to the licensing authority within seventy-two
(72) hours after it has been revoked or after the licensee ceases
to do business, subject, however, to subsection (b) of section
5-57-20. If, however, the licensing authority or a court of competent
jurisdiction has pending before it any matter relating to the
renewal, revocation, or transfer of a license, the licensee shall
not be required to surrender the license until the matter has
been adjudicated and all appeals have been exhausted. When the
licensee receives final notice that its license has been revoked,
a copy of that notice shall be displayed and posted in close proximity
to the license certificate until the licensee terminates its operations. DEL}
{DEL 5-57-28. Change in status of licensee. --
The licensee shall notify the licensing authority within thirty
(30) days of any material change in the operations of the business
or information previously furnished or required to be furnished
to the licensing authority or any occurrence which could be reasonably
expected to affect the licensee's right to a license under this
chapter. DEL}
{DEL 5-57-29. I.D. cards -- Requirement -- Application
-- Issuance or denial. -- (a) It shall be unlawful and
punishable as provided in section 5-57-41 for any individual to
function as an alarm agent or to perform the duties described
in subsections (b) and (c) without first obtaining an identification
card (hereinafter referred to as "I.D." card). DEL}
{DEL (b) Owners, principal corporate officers, partners, and
managers of all alarm businesses shall be required to obtain I.D.
cards if they directly engage in selling, installing, altering,
servicing, moving, maintaining, repairing, replacing, monitoring,
responding to, or causing others to respond to, alarm systems
within the state. DEL}
{DEL (c) Any individual engaged in the alarm business or employed
by or associated with an alarm business within the state who is
not an alarm agent but who has access to confidential information
relating to a customer or subscriber of an alarm business or who
monitors radio equipment used in connection with an alarm business
shall also obtain an I.D. card. DEL}
{DEL (d) Individuals required to obtain an I.D. card under
this section shall file a joint application for a temporary and
permanent I.D. card and upon completion thereof, the alarm business
shall immediately forward the application form to the licensing
authority and retain a copy of the application in its files. Alarm
businesses shall issue temporary I.D. cards in the manner prescribed
in subsection (g) until the I.D. card applicant obtains a permanent
I.D. card from the licensing authority. DEL}
{DEL (e) A person engaged in the alarm business on September
1, 1977 shall have authority to and shall be required to issue
to its alarm agents or other individuals required to obtain I.D.
cards under this section temporary I.D. cards (as provided in
subsection (g)) while the application of that person for an alarm
business license is pending. If that alarm business application
is finally denied, the alarm business shall no longer have authority
to issue temporary I.D. cards and all temporary I.D. cards issued
by that alarm business shall become void and shall be returned
by the temporary I.D. cardholders to the issuer. DEL}
{DEL (f) Application for an I.D. card shall be on a form prescribed
by the licensing authority and shall include the following: DEL}
{DEL (1) The I.D. card applicant's full name and any other
names previously used, current residence and business addresses
and telephone numbers; DEL}
{DEL (2) Date and place of birth; DEL}
{DEL (3) Whether the I.D. card applicant is applying as an
alarm agent or as an individual required to obtain an I.D. card
under subsection (b) or (c); DEL}
{DEL (4) A list of all felony and misdemeanor convictions of
the I.D. card applicant in any jurisdiction; DEL}
{DEL (5) Two classifiable sets of fingerprints recorded in
such manner as may be specified by the licensing authority; DEL}
{DEL (6) Two recent photographs of a type prescribed by the
licensing authority; DEL}
{DEL (7) The name and address of the alarm business which employs
or will employ or otherwise engage the I.D. card applicant; DEL}
{DEL (8) The application shall include a statement by the alarm
business which employs or will employ the I.D. card applicant
or otherwise engage the I.D. card applicant as to whether that
alarm business: (i) Is licensed under this chapter; (ii) Has a
license application pending before the licensing authority; or
(iii) Is unlicensed and does not have an application pending before
the licensing authority but was engaged in the alarm business
within the state on September 1, 1977 and intends to file a timely
application for an alarm business license under this chapter; DEL}
{DEL (9) A statement by the alarm business as to whether it
has issued a temporary I.D. card to the I.D. card applicant. If
the alarm business has issued a temporary I.D. card, the alarm
business shall state the date of issuance of the card and the
card number; DEL}
{DEL (10) The I.D. card applicant's employment record for the
prior three (3) years; DEL}
{DEL (11) A statement whether the applicant has been denied
an alarm agent, guard or private investigator license, permit
or I.D. card or business license for an alarm business, guard
or private investigator business in any jurisdiction and whether
that license, permit or I.D. card has been revoked; DEL}
{DEL (12) A statement that the I.D. card applicant will inform
the licensing authority of any material change in the information
set forth in the I.D. card applicant's form within ten (10) days
after that change; and DEL}
{DEL (13) Any other information which the licensing authority
may reasonably deem necessary to determine whether an applicant
for an I.D. card meets the requirements of this chapter. DEL}
{DEL (g) A temporary I.D. card shall be issued by an alarm
business licensed under this chapter to any of its alarm agents
or any other individual required to obtain an I.D. card prior
to the issuance of a permanent I.D. card for any such individual
by the licensing authority. The form for temporary I.D. cards
shall be at the discretion of the alarm business, but only with
the approval of the licensing authority. The form for permanent
I.D. cards shall be prescribed by the licensing authority and
shall include the following concerning the I.D. cardholder: DEL}
{DEL (1) Full name and signature; DEL}
{DEL (2) An I.D. card number and date of issuance of the card; DEL}
{DEL (3) Date and place of birth; DEL}
{DEL (4) Name and address of the alarm business which employs
the applicant or with which the applicant is associated; DEL}
{DEL (5) Date of commencement of employment or association
with the alarm business; and DEL}
{DEL (6) A recent photograph of the I.D. cardholder. DEL}
{DEL (h) Before issuing a permanent I.D. card, the licensing
authority shall require the prospective I.D. cardholder to submit
on forms provided by the licensing authority the names and addresses
of two (2) references who can verify the applicant's good moral
character and competency to install alarms or alarm systems and
the names and addresses of employers of the prospective I.D. cardholder
for the past three (3) years, and shall make reasonable and prudent
inquiries to determine whether the applicant meets the requirements
of this section. If the licensing authority has reason to believe
that the individual required to obtain a permanent I.D. card does
not meet the requirements of this section, no permanent I.D. card
shall be issued by the licensing authority. DEL}
{DEL (i) Any alarm business issuing a temporary I.D. card shall
promptly report to the licensing authority the name, address,
and I.D. card number of the individual to whom it has issued a
temporary I.D. card. DEL}
{DEL (j) The temporary or permanent I.D. card shall be carried
by an individual required to obtain an I.D. card under this chapter
whenever that individual is engaged in the alarm business and
shall be exhibited upon request. DEL}
{DEL (k) Application for an I.D. card to the licensing authority
shall be accompanied by a twenty-five dollar ($25.00) fee to cover
the cost of processing the application and investigating the applicant.
The fees collected shall be paid into the general fund. DEL}
{DEL (l) The licensing authority may refuse to issue an I.D.
card if the I.D. card applicant has been convicted of a felony
or a misdemeanor in any jurisdiction and the licensing authority
finds that the conviction reflects unfavorably on the fitness
of the applicant to engage in the alarm business or to be employed
by an alarm business. DEL}
{DEL (m) The permanent I.D. card issued by the licensing authority
shall include the items set forth in subsection (g) and the expiration
date of the I.D. card. DEL}
{DEL 5-57-30. Investigation of I.D. card applications.
-- After receipt of an application for an I.D. card, the
licensing authority shall conduct an investigation to determine
whether the facts set forth in the application are true and shall
receive from the department of the attorney general all records
of criminal information which it has or shall receive indicating
any criminal activity on the part of the applicant for an I.D.
card. The department of the attorney general will also submit
the fingerprints of the applicant for an I.D. card to the federal
bureau of investigation for review. The department of the attorney
general shall provide the information subject to the rules and
regulations promulgated by the attorney general regarding the
production of such information. DEL}
{DEL 5-57-31. Time limitation on actions on I.D. card
applications. -- Action to approve or deny an application
of an individual for an I.D. card shall be taken as expeditiously
as possible by the licensing authority but that action shall be
taken within ninety (90) days after receipt of the application
unless the licensing authority shall require additional information
from the I.D. card applicant. In that event, or if additional
facts are required to satisfy the requirements of this chapter,
or if the applicant has not submitted all the information required,
the ninety (90) day period for action by the licensing authority
shall commence when all such information has been received by
the licensing authority. DEL}
{DEL 5-57-32. Request for hearing upon notice of denial
of I.D. card application. -- After receipt of written
notice from the licensing authority of denial of an I.D. card,
the I.D. card applicant may request a hearing in the same manner
and in accordance with the same procedure as that provided in
section 5-57-20(b). DEL}
{DEL 5-57-33. Grounds and procedure for suspension or
revocation of I.D. cards. -- (a) For purposes of this
section only, when the term "alarm agent" is used, it
shall also apply to an individual required to obtain a permanent
I.D. card from the licensing authority or a temporary I.D. card
from an alarm business subject to this chapter. DEL}
{DEL (b) Alarm agent I.D. cards may be suspended or revoked
by the licensing authority in the manner hereinafter set forth
if the cardholder has: DEL}
{DEL (1) Been found to have violated any of the provisions
of this chapter or any rule or regulation of the licensing authority
if the licensing authority determines that the violation reflects
unfavorably upon the fitness of the I.D. cardholder to function
as an alarm agent; DEL}
{DEL (2) Knowingly and willfully given any material false information
to the licensing authority in connection with an application for
an I.D. card or a renewal or reinstatement of an I.D. card hereunder
or in the submission of any material fact to the licensing authority; DEL}
{DEL (3) Been convicted in any jurisdiction of a felony or
a misdemeanor if the licensing authority finds that conviction
to reflect unfavorably on the fitness of the I.D. cardholder to
function as an alarm agent. DEL}
{DEL (c) Prior to suspension or revocation of an I.D. card,
the licensing authority shall promptly notify the I.D. cardholder
and the alarm business by which the cardholder is employed or
otherwise engaged of the proposed action setting forth in reasonable
detail the ground or grounds for suspension or revocation. The
I.D. cardholder may request a hearing in the same manner and in
accordance with the same procedure as that provided in section
5-57-25(b). DEL}
{DEL (d) In the event that the licensing authority suspends
or revokes an I.D. card, the cardholder, upon receipt of the notice
of suspension or revocation, shall cease to perform any services
related to the alarm business. DEL}
{DEL (e) Both the I.D. cardholder and the alarm business which
employs him or otherwise engages him or her shall be notified
by the licensing authority of final action to suspend or revoke
an I.D. card. DEL}
{DEL 5-57-34. Nontransferability of I.D. cards. --
No I.D. card issued pursuant to the provisions of this chapter
shall be transferable. I.D. cards issued by the licensing authority
must be surrendered to the licensing authority by the I.D. cardholder
or employer of the cardholder upon termination of employment.
A new application for an I.D. card must be submitted to the licensing
authority if the I.D. cardholder is subsequently employed by another
alarm business. Temporary I.D. cards issued by alarm businesses
must also be surrendered to the alarm business issuing that card
by the I.D. cardholder upon termination of employment or association
with such alarm business. Willful and knowing refusal upon request
of the licensing authority or the alarm business to return an
I.D. card shall be a misdemeanor. No new application or fee shall
be required of a cardholder who, following voluntary termination,
returns to employment with the same alarm business if reinstatement
takes place within six (6) months of the issuance of the original
or renewal I.D. card. After notification of reinstatement, the
licensing authority shall forward the reclaimed cardholder's I.D.
card to the employing alarm business for dispersal to the cardholder.
The re-issued I.D. card will expire two (2) years from the original
date of issue. The break in service between employment, termination,
and re-employment of the cardholder with the alarm business will
be documented on the next application for renewal submitted at
the required time to the licensing authority. DEL}
{DEL 5-57-35. Renewal and replacement of I.D. cards --
Notification of changes. -- (a) I.D. cards issued by the
licensing authority shall be valid for a period of two (2) years.
An I.D. card renewal form must be filed by the cardholder with
the licensing authority not less than thirty (30) days prior to
the expiration of the I.D. card. The fee for renewal of an I.D.
card shall be five dollars ($5.00) and shall be paid into the
general fund. DEL}
{DEL (b) The licensing authority may refuse to renew an I.D.
card on any of the grounds set forth in section 5-57-19(1), and
it shall promptly notify the I.D. cardholder of its intent to
refuse to renew the license. The I.D. cardholder may within fifteen
(15) days after receipt of the notice of intent to refuse to renew
an I.D. card, request a hearing on that refusal in the same manner
and in accordance with the same procedure as that provided in
section 5-57-20(b). DEL}
{DEL (c) An alarm business shall notify the licensing authority
within ten (10) days after the death or termination of employment
of any of its employees or of any individual associated with the
alarm business who holds an I.D. card issued by it or by the licensing
authority. DEL}
{DEL (d) There shall be a five dollar ($5.00) charge for issuance
of a duplicate I.D. card to replace a lost, damaged, or destroyed
original, or renewal I.D. card. Fees for such replacement shall
be paid into the general fund. DEL}
{DEL 5-57-36. Expiration and renewal during suspension
of use of an I.D. card. -- An I.D. card shall be subject
to expiration and renewal during the period in which the holder
of the I.D. card is subject to an order of suspension. DEL}
{DEL 5-57-37. Activities of I.D. cardholders after notice
of suspension or revocation of I.D. card. -- After an
alarm agent or any other individual required to obtain an I.D.
card under this chapter has received a notice of suspension or
revocation of his I.D. card, that individual shall not engage
in the alarm business unless specifically authorized to do so
by order of the licensing authority or by order of the superior
court. DEL}
{DEL 5-57-38. Local governmental regulations of alarm
business or alarm agents. -- (a) Immediately upon September
1, 1977, no local governmental subdivision within this state shall
enact any ordinance or promulgate any rules or regulations relating
to the licensing of alarm businesses, alarm agents or other individuals
required to obtain an I.D. card under this chapter. DEL}
{DEL (b) Sixty (60) days after September 1, 1977, any provision
of any legislation or rules or regulations of any local governmental
subdivision within the state requiring the licensing of an alarm
business or requiring that alarm agents or other individuals employed
by or associated with an alarm business obtain I.D. cards shall
no longer be effective. DEL}
{DEL (c) The provisions of this chapter are not, however, intended
to and do not prevent the legally constituted authority of any
local governmental subdivision within the state by legislation,
rules or regulations, and within the police power of that local
governmental subdivision, from requiring alarm business and/or
alarm agents to register their names, addresses, and license certificate
number or I.D. card number with the local governmental subdivision
within which they operate. Those local governmental subdivisions
may also require that alarm businesses and alarm agents be given
reasonable notice of termination or suspension of licenses and
I.D. cards. No fee may be charged nor may any application be required
by any local governmental subdivision for that registration. DEL}
{DEL (d) Although this chapter pre-empts local governmental
subdivisions from enacting any licensing legislation or promulgating
licensing rules or regulations applicable to alarm business or
alarm agents, local governmental authorities may by legislation
or reasonable rules or regulations require alarm system users
in their jurisdiction to obtain a permit at the time of installation
and fix a nominal fee for those permits, those fees shall not
exceed twenty-five dollars ($25.00). DEL}
{DEL 5-57-39. Judicial review. -- Any person
aggrieved by any final action of the licensing authority under
this chapter shall have the right of appeal directly to the superior
court and shall be entitled to a trial de novo. After the superior
court has acquired jurisdiction, all administrative action taken
on that matter prior thereto shall be stayed. The rights of the
parties shall be determined by the court upon a trial of the matter
or matters in controversy under rules governing the trial of other
civil suits in the same manner and to the same extent as though
the matter had been committed to the court in the first instance
and there had been no intervening administrative or executive
action or decision. DEL}
{DEL 5-57-40. Reinstatement of a revoked license or I.D.
card. -- The licensing authority shall have authority
to consider a petition for reinstatement of a revoked alarm business
license. DEL}
{DEL 5-57-41. Penalties for violations. -- (a)
Any person found guilty of violating any of the following provisions
of this chapter shall be subject to a fine not to exceed five
hundred dollars ($500.00), or to imprisonment for a period not
to exceed ninety (90) days, or both: DEL}
{DEL (1) Engaging in the alarm business without complying with
section 5-57-14; DEL}
{DEL (2) Failure to obtain an I.D. card as required by section
5-57-29; DEL}
{DEL (3) Willful and knowing failure to file or maintain on
file the surety bond as required by section 5-57-21; DEL}
{DEL (4) Willful and knowing failure of an alarm business to
notify its subscribers of revocation of its license as required
by section 5-57-25(c); and DEL}
{DEL (5) Willful and knowing failure to surrender a license
certificate as required by section 5-57-27(b) or to surrender
an I.D. card as required by section 5-57-34. DEL}
{DEL (b) Any person found guilty of willfully and knowingly
submitting false information of a material nature in any application
for an alarm business license or for an I.D. card, or for renewal
applications thereof, shall be subject to a fine not to exceed
five hundred dollars ($500.00), or to imprisonment for a period
not to exceed ninety (90) days, or both. DEL}
{DEL 5-57-42. Appropriations. -- The general
assembly shall annually appropriate such sum as it may deem necessary
to carry out the purposes of this chapter and the state controller
is hereby authorized and directed to draw his or her orders upon
the general treasurer for the payment of such sum or so much thereof
as may be required from time to time, upon the receipt by him
or her of duly authenticated vouchers. DEL}
SECTION 4. Sections 5-6-2, 5-6-4, 5-6-7, 5-6-16 and 5-6-24 of the General Laws in Chapter 5-6 entitled "Electricians" are hereby amended to read as follows:
5-6-2. Work for which license required. -- No person, firm, or corporation shall enter into, engage in, solicit, advertise, bid for, or work at the business of installing wires, conduits, apparatus, fixtures, electrical signs, and other appliances for carrying or using electricity for light, heat, fire alarms, as defined in chapter 28.25 of title 23, entitled "fire alarm systems", {ADD burglar and holdup alarms ADD} or power purposes, exclusive of low voltage wiring for heating/refrigeration equipment, unless that person, firm, or corporation shall have received a license and a certificate therefor, issued by the state board of examiners of electricians of the division of professional regulation of the department of labor and training in accordance with the provisions hereinafter set forth.
5-6-4. Board of examiners -- Composition -- Appointment
of members -- Policy-making role. -- (a) There is hereby
created in the division of professional regulation, in the department
of labor and training, a state board of examiners of electricians
which at all times shall consist of {DEL seven (7) DEL}
{ADD nine (9) ADD} qualified electors of the state, one of whom shall
be a member of an electrical inspection department of any city
or town with, at least, five (5) years' experience as an electrical
inspector, to represent the general public, and one of whom shall
be a qualified electrical contractor, to represent the employer,
one of whom shall be a journeyperson electrician to represent
labor, one of whom shall be the state fire marshal, who shall
be ex officio, or his or her designee, one of whom shall be a
qualified employee of any electric utility company to represent
the utility companies, one (1) of whom shall be a journeyperson
electrician to represent organized labor to be selected from a
list of three (3) persons submitted to the governor by the American
Federation of Labor -- Congress of Industrial Organizations (AFL-CIO)
and one (1) of whom shall be a member of the Rhode Island sign
contractors association {DEL . DEL} {ADD , one (1) of whom
shall be a qualified electrical contractor, to represent the telecommunications
industry, and one (1) of who shall be a licensed contractor and
a member of the Rhode Island alarm association. ADD}Annually
on or before January 31, the governor shall appoint a member or
members of the board to succeed the member or members whose term
is at that time expiring who shall serve for four (4) years or
until his or her successor is elected and qualified. Any vacancy
which may occur in the board from any cause shall be filled by
the governor for the remainder of the unexpired term.
(b) The board shall have a policy-making role in the preparation and composition of the examinations to be administered by the division. Subsequent to the administration of the examinations, the board of examiners shall review the examinations to evaluate their effectiveness. The board shall supervise the operation of the division in an advisory capacity in promulgating such policy as may be necessary to improve the operation of the division in their area of expertise. The promulgation of that policy shall be subject to the approval of the director of the department. Members of the board shall be subject to the provisions of chapter 14 of title 36.
(c) The director of labor and training shall have the power to revoke or suspend the certificate or license or impose a fine upon the certificate or license holder, for all certificates and licenses issued by the division of professional regulation, after hearing before and upon the recommendation of the board of examiners of electricians.
5-6-7. Forms of licenses. -- {DEL Nine (9) DEL}
{ADD eleven (11) ADD} forms of licenses shall be issued. The first,
hereinafter referred to as Certificate A, shall be known as an
"electrical contractor's license"; the second, hereinafter
referred to as Certificate B, shall be known as a "journeyperson
electrician's license"; the third, hereinafter referred to
as Certificate C, shall be known as a "limited premises license";
the fourth, hereinafter referred to as Certificate E, shall be
known as an "oil burner contractor's license"; the fifth,
hereinafter referred to as Certificate F, shall be known as an
"oil burner person's license"; the sixth, hereinafter
referred to as Certificate AF, shall be known as a "fire
alarm contractor's license"; and the seventh, hereinafter
referred to as Certificate BF, shall be known as a "fire
alarm installer's license"; and the eighth, hereinafter referred
to as Certificates CF, shall be known as "an electrical sign
contractor's license"; and the ninth, hereinafter referred
to as Certificate CF, shall be known as "an electrical sign
installer's license" {DEL . DEL} {ADD ; the tenth, hereinafter
referred to as Certificate BA, shall be known as "burglar
alarm contractor's license"; and the eleventh, hereinafter
referred to as a Certificate BT, shall be known as "burglar
alarm technician's license. ADD}
5-6-16. License fees. -- A fee of one hundred dollars
($100) shall be paid by each applicant for an electrical contractor's
license Class A; thirty dollars ($30.00) for a journeyperson electrician's
license Class B; one hundred dollars ($100) for a limited premises
license Class C; one hundred dollars ($100) for an oil burner
contractor's license Class E; thirty dollars ($30.00) for an oil
burner person's license Class F; one hundred dollars ($100) for
a fire alarm contractor's license Class AF; thirty dollars ($30.00)
for a fire alarm installer's license Class BF; one hundred dollars
($100) for an electrical sign contractor's license SCF; and thirty
dollars ($30.00) for a sign installer's license Class CF {DEL . DEL} {ADD
; one hundred dollars ($100) for an alarm contractor's license
Class BA; and thirty dollars ($30.00) for an alarm technician's
license Class BT. An electrical contractor Class A or Class AF
who also is licensed as an alarm contractor Class BA will be issued
a combination license for a fee of one hundred dollars. ADD}
5-6-24. Learners and apprentices -- Registration fee. --
This chapter shall not forbid the employment of one properly registered
learner or apprentice electrician working with and under the direct
personal supervision of a licensed journeyperson electrician,
nor one properly registered learner or apprentice oil burner person
working with and under the direct personal supervision of a licensed
oil burner person, nor one properly registered learner or apprentice
fire alarm installer working with and under the direct personal
supervision of a licensed fire alarm installer, nor one properly
registered learner or apprentice electrical sign installer working
with and under the direct personal supervision of a licensed electrical
sign installer {DEL . DEL} {ADD , nor any properly registered
limited burglar alarm technicians. ADD}
Learners or apprentices shall be required to register with the
division of professional regulation initially upon payment of
a fee of twenty dollars ($20.00) per year {DEL . DEL} {ADD limited
burglar alarm technicians, ADD} {DEL L DEL} {ADD l ADD}earners
or apprentices are required to register with the division of professional
regulation immediately upon employment with a properly licensed
electrical contractor {DEL . DEL} {ADD or properly licensed
burglar alarm contractor. ADD}
SECTION 5. Title 5 of the General Laws entitled "Businesses and Professions" is hereby amended by adding thereto the following chapter:
{ADD 5 -6.1-1. Purpose. -- ADD}{ADD The purpose of this chapter is to provide uniform procedures and qualifications throughout this state for the licensing of alarm businesses and the issuance of identification cards to alarm agents and certain other individuals. ADD}
{ADD 5-6.1-2. Definitions. -- ADD}{ADDFor the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the plural number shall include the singular number and words used in the singular number shall include the plural number. ADD}
{ADD (a) The term "alarm technician" shall mean any individual employed within this state by an alarm contractor, whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling or servicing of an alarm system or responding to or causing others to respond to an alarm system. ADD}
{ADD (b) The term "alarm contractor" shall mean and include any contractor, both resident and non-resident, engaged in the design, sales, installation, maintenance, alteration, repair, monitoring, replacement, or servicing of alarm systems or which responds to or causes others to respond to those alarm systems at a protected premises within this state. Any "alarm contractor" licensed under this chapter shall maintain a twenty-four (24) hour per day service structure, the terms and conditions of which or procedures for, implementation shall be established by the licensing authority through rule and regulation. ADD}
{ADD (c) The term "Alarm System" shall mean an assembly of equipment and devices (or a single device such as a solid state unit which plugs directly into a 110-volt AC line) designed to detect and signal any event required to protect property and persons against any loss or unauthorized use with respect to that signal and or sound by locally or remotely, police, private guards or authorized personnel are expected to respond. Fire alarm systems are excluded form the provisions of this chapter. ADD}
{ADD (d) The term "Person" shall mean an individual, firm, partnership, corporation or organization of any nature. ADD}
{ADD (e) The term "Owner" shall mean a person who holds an interest of twenty-five percent (25%), directly or indirectly, or more in an alarm business. ADD}
{ADD (f) The term "Subscriber" shall mean a person or business which buys or otherwise obtains an alarm system and has contract with an alarm system and has contract with an alarm business to monitor and/or service the alarm system. ADD}
{ADD (g) The term "Principal corporate officer" shall mean the president, vice president, treasurer, secretary and comptroller as well as any other person who performs functions for the cooperation corresponding to those performed by the foregoing officers. ADD}
{ADD (h) The term "notify by mail", when used to notify applicant of approval of license or registration; or when used to forward licenses to licensees shall mean first class mail. When used to notify applicant, licensee, or registrant of intent to refuse or deny application, or suspend or revoke such license or registration, or to notify a licensee, applicant, or registrant of final, refusal, denial, suspension, or revocation of this application, license or registration, the term "notify by mail" shall mean certified mail, return receipt requested. ADD}
{ADD (i) The term "department" shall mean the department of labor and training. ADD}
{ADD (j) The term "director" shall mean the director of the department of labor and training. ADD}
{ADD (k) The term "licensing authority" shall mean the board of examiners of electricians of the division of professional regulation of the department of labor and training. ADD}
{ADD 5-6.1-3. Licensing authority -- Creation. -- ADD}{ADD The board of examiners of electricians of the division of professional regulation of the department of labor and training shall carry out the functions and duties conferred upon it by this chapter and shall hereinafter be referred to as "the licensing authority", in that context.. ADD}
{ADD 5-6.1-4. Licensing authority -- Staff. -- ADD}{ADD The director of labor and training shall have the authority to hire and terminate such clerical and professional personnel, to handle daily operations of the licensing authority as shall be necessary to enable it to fulfill its mandate under the provisions of this chapter. ADD}
{ADD 5-6.1-5. Licensing authority -- Rules and Regulations. -- ADD}{ADD The authority to promulgate rules and regulations which are reasonable, proper and necessary to carry out the functions of the licensing authority; to enforce the provisions of this chapter; and to establish procedures for the preparation and processing of examination, applications, license certificates, I.D. cards, renewals, appeals, hearings and rulemaking proceedings is hereby vested in the licensing authority. ADD}
{ADD 5-6.1-6. Licensing authority -- Issuance of subpoenas -- Contempt powers. -- ADD}{ADD (a) In any investigation conducted under the provisions of this chapter, the licensing authority may issue subpoenas to compel the attendance of witnesses and the production of relevant books, accounts, records and documents. The officer conducting a hearing may administer oaths and may require testimony or evidence to be given under oath. ADD}
{ADD (b) If A witness refused to obey a subpoena or to give any evidence relevant to proper inquiry by the licensing authority, the licensing authority may petition a court of competent jurisdiction within the state to compel the witness to obey the subpoena. ADD}
{ADD 5-6.1-7. Procedures for adoption of rules. -- ADD}{ADD The licensing authority shall follow the procedures for adoption of rules set forth by the administrative procedures act, chapter 35 of title 42. ADD}
{ADD 5-6.1-8. Alarm contractor's license required -- Licensing of electricians. -- ADD}{ADD(a) It shall be unlawful and punishable as provided in section 5-6.1-35 for any person to engage in the alarm business within this state without having first obtained an alarm contractor's license from the state licensing authority subject to subsection (c) hereof; Provided, however, that nothing contained in this chapter shall we construed to prohibit an electrician licensed pursuant to chapter 6 of this title form installing a burglar or hold-up alarm system; and provided further that no electrician licensed pursuant to this section shall install any burglar or hold-up alarm system in any bank or other financial institution or in any residential housing with four (4) units or less. ADD}
{ADD (b) Authority for the licensing of any electrician shall be vested with the department of labor-training which shall: ADD}
{ADD (1) After receipt of an application for a license, conduct an investigation to determine whether the facts set forth in the application are true and shall receive from the department of the attorney general all records of criminal information which it has or shall receive indicating any criminal activity on the part of the individual signing the application. ADD}
{ADD (2) Deny any application of a person who has been convicted in any jurisdiction of the United State of a felony or a misdemeanor if the licensing authority finds that the conviction reflects unfavorably on the fitness of the applicant to engage in the alarm business. ADD}
{ADD 5-6.1-9. Contents of applications for licenses. -- ADD}{ADD (a) Applications for licenses required by the provisions of this chapter shall be filed with the licensing authority on a form provided by the licensing authority. If the applicant is an individual, the application shall be subscribed and sworn to by such individual. If the applicant is a firm or partnership, the application shall be subscribed and sworn to by an owner in the case of a firm, and by at least one (1) general partner in the case of a partnership. If the applicant is an individual and does not reside, operate any business or is not employed within the state or if in the event the applicant is a firm or partnership and no owner or general partner resides, operates a business or is employed within the state, then the application must also be subscribed and sworn to by an individual having the authority and the responsibility for the management and operations of the alarm business within the state. If the applicant is a corporation, the application shall be subscribed and sworn to by at least one (1) principal officer of the corporation. If the applicant is a corporation and none of its principal officers is responsible for the management and operations of the alarm business within the state, the application shall also be subscribed and sworn to by an individual having the authority and responsibility for the management and operations of the alarm business within the state. ADD}
{ADD (b) If the applicant is a corporation, the application shall specify the date and place of its incorporation, the location of the applicant's principal place of business, a list of the principal officers of the corporation, owners of twenty-five percent (25%) or more of outstanding stock of all classes of the corporation, and business address, residence address and the office or position held by each such officer in the corporation. ADD}
{ADD (c) The application shall include the following information for each individual required to subscribe and swear to it: ADD}
{ADD (1) The individual's full name and address (business and residence) ADD}
{ADD (2) The individual's business telephone number; ADD}
{ADD (3) The individual's date and place of birth; ADD}
{ADD (4) The individual's social security number; ADD}
{ADD (5) The name and address of the individual's present place or places of employment or self-employment and the length of time engaged therein; ADD}
{ADD (6) A list of all felony and misdemeanor convictions of such individual in any jurisdiction; ADD}
{ADD (7) Two classifiable sets of fingerprints of the individual having the authority and the responsibility for the management and operation of the alarm business within the state, recorded in such manner as may be specified by the licensing authority; and ADD}
{ADD (8) Whether the individual has every been denied in any jurisdiction a license or permit to engage in the alarm business or has had such license or permit revoked. ADD}
{ADD (d) The application shall include the following information concerning the applicant; ADD}
{ADD (1) The name, address and telephone number of the alarm business and the locations where it intends to operate within the state; ADD}
{ADD (2) A statement as to the length of time that the applicant has been engaged in the alarm business and where engaged; and the date when the alarm business or businesses commenced operation in the state or when the alarm business intends to commence that operation; ADD}
{ADD (3) A statement as to whether, to the best knowledge and information of the individual signing the application; and of the owners, partners or principal corporate officers of the applicant, including those not residing within the state, have been convicted in any jurisdiction of a felony or misdemeanor. If there have been any such convictions, then the application shall set forth the names of the individuals convicted and the dates and places of such convictions. ADD}
{ADD (e) The licensing authority may require that the application include any other information which the licensing authority may reasonably deem necessary to determine whether the applicant or individual signing the application meets the requirements of this chapter or to establish the truth of the facts set forth in the application. ADD}
{ADD (f) Any individual signing a license application must be at least eighteen (18) years of age. ADD}
{ADD 5-6.1-10. Experience or examination requirements. -- ADD}{ADD (a) Every alarm contractor shall meet either the experience requirement of subsection (c) of this section or the examination requirements of subsection (f) of this section before he/she may engage in the alarm business. ADD}
{ADD (b) Persons desiring an examination shall make written application on the state approved form therefor accompanied by the proper fee, which shall be thirty ($30.00) dollars. ADD}
{ADD To qualify for examination, the following requirements must be satisfied: Individuals requesting to be examined for a burglar alarm technician's license, must be registered with the department as a limited burglar alarm technician for a period of not less than one (1) year. Individuals requesting to be examined for a burglar alarm contractors license, must be licensed burglar alarm technician's for a period of not less than two (2) years. Out of state applicants who hold a burglar alarm contractor's license and a Rhode Island burglar alarm technician's license for two (2) years will be allowed to take the Rhode Island burglar alarm contractor's examination. ADD}
{ADD Applicants engaged in the alarm business shall have four (4) months from the date of conditional approval of their alarm business application by the licensing authority to comply with the examination requirements of this section; provided, however, that if within that time the applicant is unable to engage an individual meeting the requirements of subsection (f) of this section, the licensing authority may for good cause shown, extend for a reasonable time, not to exceed ninety (90) days, the period within which the applicant shall comply with this section. Upon satisfactory completion of the examination, procedures, content, and passing scores for which shall be set forth in rules and regulations, the licensing authority shall lift its conditional approval and shall grant its full approval of the company licensed to do business. Applicants who do not take the examination must satisfy the experience requirement required by subsection (c) of this section. ADD}
{ADD (c) Experience requirement: In order to comply with this requirement, at least one (1) individual who is an owner, officer, partner, manager, or employee of the applicant shall establish that he was engaged or was employed in an alarm business in sales, installation or service for an aggregate period of three (3) years prior to the filing of the application. That individual shall file with the licensing authority sworn statements relating to the foregoing facts of at least two (2) citizens of the community or communities in which that individual was so engaged or employed. The individual whom the applicant relies upon to comply with this subsection shall be required to devote a substantial portion of his time to engaging in and/or supervising the sale, installation or servicing of alarm systems on behalf of the applicant. ADD}
{ADD (d) For the purposes of the three (3) year experience requirement of subsection (c) of this section, employment by or engagement in an alarm business in one (1) or more communities within the state may be aggregated. In the event, however, that the individual whom the applicant relies upon to comply with subsection (c) of this section must aggregate his past experience in the alarm business in two (2) or more states, the individual must submit sworn statements of two (2) or more citizens of each such state or states as to that experience. ADD}
{ADD (e) If the licensing authority determines that the applicant has not satisfactorily complied with subsection (c) of this section or that the prior experience of the individual whom the applicant relies upon to comply with subsection (c) of this section is not sufficient to permit the applicant to engage in the alarm business, it may require the applicant to comply with subsection (f) of this section. ADD}
{ADD (f) Examination requirement: The licensing authority shall prepare and administer at least twice annually an examination or examinations designed to measure an individual's knowledge and competence in the alarm business. It may administer separate examinations to test an individual's knowledge and competence with respect to the type and nature of the alarm business in which the applicant proposes to engage. The individual who qualifies under this subsection shall be required to devote a substantial portion of his time to engaging in and/or supervising the sale, installation or servicing of alarm systems on behalf of the applicant. ADD}
{ADD (g) In the event that the individual whom the applicant relies upon to comply with subsection (c) or to qualify under subsection (f) of this section shall within a period of three (3) years after that compliance or qualification for any reason cease to perform his duties on a regular basis, the alarm business shall promptly notify the licensing authority by certified mail and shall make every effort to obtain as promptly as possible a substitute eligible individual acceptable to the licensing authority. If the alarm business fails to obtain a substitute eligible individual within six (6) months from and after the disqualification of the licensee, the licensing authority may revoke the alarm business license or, for good cause shown, may extend for a reasonable time the period for obtaining a substitute qualifying individual or the licensing authority may determine, based upon the experience and performance of the alarm business, that the alarm business need not obtain a substitute qualifying individual. ADD}
{ADD 5-6.1-11. Investigation of license applications. -- ADD}{ADD After receipt of an application for a license, the licensing authority shall conduct an investigation to determine whether the facts set forth in the application are true and shall receive from the department of the attorney general all records of criminal information which it has or shall receive indicating any criminal activity on the part of the individual signing the application. The department of the attorney general will also submit the fingerprints of the individual signing the application to the Federal Bureau of Investigation for review. The department of the attorney general shall provide the information subject to the rules and regulations promulgated by the attorney general regarding the production of that information. ADD}
{ADD 5-6.1-12. Time limit for action on license application. -- ADD}{ADD Within thirty (30) days after receipt of an application, the licensing authority shall determine whether the applicant has met the requirements of this chapter. In the event that additional information is required from the applicant by the licensing authority to complete its investigation or otherwise to satisfy the requirements of this chapter, or if the applicant has not submitted all of the required information, the thirty day period for action by the licensing authority shall commence when all that information has been received by the licensing authority. ADD}
{ADD 5-6.1-13. Grounds for denial of applications. -- ADD}{ADD The licensing authority may deny the application for an alarm contractor's license if it finds that the applicant or the individual having the authority and the responsibility for the management and operation of the applicant's alarm business within the state or the individual whom the applicant relies upon to comply with subsections (c) or (f) of section 5-6.1-10 or any of the applicant's owners, partners or principal corporate officers have: ADD}
{ADD (a) Committed any act, which, if committed by a licensee, would be grounds for the revocation of a license under section 5-6.1-19 (a); ADD}
{ADD (b) While unlicensed, knowingly and willfully committed or aided and abetted in the commission of any act for which a license is required by this chapter; or ADD}
{ADD (c) Been convicted in any jurisdiction of the United States of a felony or a misdemeanor if the licensing authority finds that the conviction reflects unfavorably on the fitness of the applicant to engage in the alarm business. ADD}
{ADD 5-6.1-14. Procedure for approval or denial of applications. -- ADD}{ADD (a) The procedure of the licensing authority in approving or denying an application for an alarm business license shall be as follows: ADD}
{ADD (1) If the application is approved, the licensing authority shall notify the applicant in writing of the approval, and shall state that if bond has not already been received with the application, upon compliance with section 5-6.1-15, a license will be issued. ADD}
{ADD That notification shall state that the license so issued will expire in one (1) year, unless renewed in accordance with sections 5-6.1-16 and 5-6.1-17, and shall set forth the time within which application for renewal must be made; ADD}
{ADD (2) If the application of the alarm business is denied, the licensing authority shall notify the applicant in writing and shall set forth the grounds for denial in accordance with the provisions established by the administrative procedures act, chapter 35, title 42. If the grounds for denial are subject to correction by the applicant, the notice of denial shall so state and the applicant shall be given reasonable time after receipt and acknowledgment of that notice, at the discretion of the licensing authority (or, upon application, a reasonable period of time), within which to make the required correction. ADD}
{ADD (b) If the application of the alarm contractor is denied, the applicant may schedule a hearing to be held before the licensing authority or an officer designated by the licensing authority in accordance with the provisions for that hearing as set forth in the administrative procedures act, chapter 35 of title 42. ADD}
{ADD 5-6.1-15. Surety bond. --ADD}{ADD (a) No license shall be issued under this chapter until the alarm contractor files with the licensing authority a surety bond made payable to the state in the sum of ten thousand dollars ($10,000.00) conditioned to recover against the principal, by reason of wrongful acts of a material nature knowingly engaged in by the licensee in the conduct of its business. No party other than the licensing authority may recover against the bond required by this section. The surety bond must be written by a company authorized to do business in this state and approved by the licensing authority with respect to its form, manner of execution and sufficiency. ADD}
{ADD (b) Every contractor shall at all times maintain on file with the licensing authority the surety bond required by this chapter in full force and effect. Knowing and willful failure to do so shall be unlawful and punishable as provided in section 5-6.1-35 ADD}
{ADD (c) A bond executed and filed with the licensing authority pursuant to this chapter shall remain in force and effect until the surety has terminated future liability by notice to the licensing authority thirty (30) days in advance of termination. ADD}
{ADD (d) The sum of ten thousand dollars ($10,000.00) in cash may be deposited with the state in lieu of the surety bond required by this chapter. ADD}
{ADD 5-6.1-16. Renewal of licenses. -- ADD}{ADDApplication for renewal of a license must be received by the licensing authority on a form provided by the licensing authority no less than thirty (30) days prior to the expiration date of the license, subject of the right of the licensing authority to permit late filing upon good cause shown. The licensing authority may refuse to renew a license for any of the grounds set forth in subsection (a) of section 5-6.1-13 and it shall promptly notify the licensee of its intent to refuse to renew the license. The licensee may, within fifteen (15) days after receipt of the notice of intent to refuse to renew a license, request a hearing on that refusal in the manner prescribed in section 5-6.1-14(b). A licensee shall be permitted to continue to engage in the alarm business while its renewal application is pending. ADD}
{ADD 5-6.1-17. Application, license, and replacement fees. -- ADD}{ADD (a) The licensing authority shall promulgate rules and regulations mandating the term of license for each license issued pursuant to this chapter; however, no license shall remain in force for a period in excess of one (1) year. ADD}
{ADD (b) The per annum fee for the initial issuance of a license shall be one-hundred dollars ($100.00) which shall be remitted with the application, and shall be nonrefundable. ADD}
{ADD (c) The licensee shall submit a completed renewal application form not later than thirty (30) days before the expiration of the license. ADD}
{ADD (d) There shall be a ten dollar ($10.00) charge for issuance of a duplicate license to replace a lost, damaged original or renewal license. ADD}
{ADD (e) Any licensed burglar alarm contractor or burglar alarm technician who does not renew his or her license(s) on or before their birthdate shall be required to pay a ten dollar ($10.00) per month administrative assessment fee, plus outstanding license fees. ADD}
{ADD 5-6.1-18. Transfer for assignment of licenses -- Continuation of business upon owner's death. -- ADD}{ADD(a) No license issued pursuant to the provisions of this chapter shall be assigned or transferred, either by operation of law or otherwise. ADD}
{ADD (b) If the license is held by an owner rather than a corporation and that owner shall die, become disabled or otherwise cease to engage in the alarm business, the successor, heir, devisee, or personal representative of that owner shall, within thirty (30) days of such death, disablement, or other termination of operation by the original licensee, apply for an alarm business license on a form prescribed by the licensing authority, which form shall include the same information required by section 5-6.1-9. The transferee shall be subject to the same requirements and procedures set forth in sections 5-6.1-10 - 5-6.1-15 to the extent such sections are applicable. The unexpired portion of the license which the new applicant assumes will remain in effect until its expiration date. The applicant shall pay a pro-ratted license fee established by the licensing authority to include that portion of the license which remains unexpired since its last date of issue or renewal. ADD}
{ADD (c) In the event that a sale, assignment or transfer of an alarm business licensed under this chapter is consummated, then the purchaser, assignee or transferee shall be subject to the same requirements and procedures set forth in sections 5-6.1-9 - 5-6.1-15 to the extent those sections are applicable. ADD}
{ADD (d) With good cause, the licensing authority may extend the period of time for filing the application required by subsections (b) and (c) of this section. ADD}
{ADD 5-6.1-19. Grounds and procedure for revocation of licenses. -- ADD}{ADD(a) Licenses for alarm businesses may be revoked by the licensing authority in the manner hereinafter set forth if the licensee or any of its owners, partners, principal corporate officers or the individual having the authority and the responsibility for the management and operation of the alarm business within the state are: ADD}
{ADD (1) Found to have violated any of the provisions of this chapter or any rule or regulation of the licensing authority which violation the licensing authority determines to reflect unfavorably upon the fitness of the licensee to engage in the alarm business; ADD}
{ADD (2) Found to have knowingly and willfully given any false information of a material nature in connection with an application for a license or a renewal or reinstatement of a license or in a notice of transfer of an alarm business licensed under this chapter. ADD}
{ADD (3) Found to have been convicted in any jurisdiction of a felony or a misdemeanor if the licensing authority determines that such conviction reflects unfavorably on the fitness of the applicant to engage in the alarm business; or ADD}
{ADD (4) Found to have committed any act while the license was not in effect which would be cause for the revocation of a license, or grounds for the denial of an application for a license of an alarm business. ADD}
{ADD (b) Prior to revocation of a license, the licensing authority shall promptly notify the licensee of its intent to issue an order of revocation and shall advise the licensee of his right to a hearing on the revocation in accordance with the provisions of the administrative procedures act, chapter 35 of title 42. ADD}
{ADD (c) Within ninety (90) days after the licensee has exhausted all rights of appeal under the administrative procedures act, or, if the licensee does not seek a hearing after receipt of a notice of intent to revoke from the licensing authority, then within sixty (60) days after receipt of the notice of intent to revoke, the licensee shall notify all of its subscribers within the state of that revocation and maintain in its records a copy of those notices. The licensee shall cease to perform any services for which it has been licensed under this chapter within sixty (60) days of its receipt of the final notice of intent to revoke form the licensing authority. ADD}
{ADD (d) Under circumstances in which the licensing authority determines that the public health, welfare or safety may be jeopardized by the termination of a licensee's services, the licensing authority may upon its own motion or upon application by the licensee or any party affected by that termination extend the time for the termination of the licensee's operations, subject to such reasonable, necessary and proper conditions or restrictions as it deems appropriate. ADD}
{ADD (e) After the licensing authority has issued a notice of intent to revoke a license, the licensee may request that it be permitted to continue to operate subject to the terms of a written order of consent issued by the licensing authority, requiring the licensee to correct the conditions set forth as grounds for revocation in the notice of intent to revoke and imposing reasonable conditions and restrictions on the licensee in the conduct of its business. The licensing authority may in its sole discretion grant or deny such a request and may stay or postpone any proceeding being conducted pursuant to subsection (b) of this section. Negotiations for a consent order may be requested at any time during revocation proceedings and stay of pending proceedings during those negotiations shall be within the sole discretion of the licensing authority. If revocation proceedings are before the Board of Examiners, the licensing authority shall submit the proposed order to the Director of Labor and Training which may approve or disapprove the proposed order or require modifications of the proposed consent order before approval. ADD}
{ADD (f) The licensing authority shall enact reasonable rules and regulations for determination of whether the licensee has complied with a consent order issued pursuant to subsection (e) of this section. If the licensing authority determines that the licensee has failed to comply, it may revoke that order and conduct proceedings for revocation of the license. If the consent order has been approved by the Director of Labor and Training, then the licensing authority shall petition the Board of Examiner for vacation of the order. The Boards shall hold a hearing to determine if the order should be vacated. If the Board vacates the consent order, the licensing authority may conduct proceedings for revocation of the license. ADD}
{ADD 5-6.1-20. Form of license. -- ADD}{ADD The license, when issued, shall be in a form prescribed by the licensing authority and shall include: ADD}
{ADD (a) The name of the licensee; ADD}
{ADD (b) The nature and type of service to be performed; ADD}
{ADD (c) The business name under which the licensee is authorized to operate; ADD}
{ADD (d) The addresses of the locations where the licensee is authorized to operate; and ADD}
{ADD (e) The number and date of the license and its date of expiration. ADD}
{ADD 5-6.1-21. Posting of license certificates and notices of license revocation. -- ADD}{ADD (a) Within seventy-two (72) hours after receipt of the license certificate, the licensee shall cause such license certificate to be posted and to be displayed at all times in a conspicuous place in the principal office of the licensee within the state where the alarm business transacts business with its customers, so that all persons visiting that place or places may readily see the license. Those license certificates or copies thereof shall be subject to inspection at all reasonable times by the licensing authority. ADD}
{ADD (b) It shall be unlawful for any person holding a license certificate to knowingly and willfully post that license certificate or permit that license certificate to be posted upon premises other than those described in the license certificate or to knowingly and willfully alter that license certificate. Each license certificate shall be surrendered to the licensing authority within seventy-two (72) hours after it has been revoked or after the licensee ceases to do business, subject, however, to subsection (b) of section 5-6.1-14 hereof. If, however, the licensing authority has pending before it any matter relating to the renewal, revocation or transfer of a license, the licensee shall not be required to surrender the license until appeals have been exhausted. When the licensee receives final notice that its license has been revoked, a copy of that notice shall be displayed and posted in close proximity to the license certificate until the licensee terminates its operation. ADD}
{ADD 5-6.1-22. Change in status of licensee. -- ADD}{ADD The licensee shall notify the licensing authority within thirty (30) days of any material change in the operations of the business or information previously furnished or required to be furnished to the licensing authority or any occurrence which could be reasonably expected to affect the licensee's right to a license under this chapter. ADD}
{ADD 5-6.1-23. License -- Requirement -- Application -- Issuance or denial. -- ADD}{ADD (a) It shall be unlawful and punishable as provided in section 5-6.1-35 for any individual to function as an alarm technician or to perform the duties described in subsection (b) and (c) of this section without first obtaining a license. ADD}
{ADD (b) Owners, principal corporate officers, partners and managers of all alarm businesses shall be required to obtain licenses if they directly engage in selling, installing, altering, servicing, moving, maintaining, repairing, replacing, monitoring, responding to or causing others to respond to alarm systems within the state. ADD}
{ADD (c) Any individual engaged in the alarm business or employed by or associated with an alarm business as a field representative or installer within the state who is not an alarm technician but who has access to confidential information relating to a customer or subscriber of an alarm contractor or who monitors equipment used in connection with an alarm business shall obtain a limited burglar alarm technician's license. ADD}
{ADD (d) Any individual, not employed as a field representative or installer, but has access to confidential information relating to a customer or subscriber of an alarm contractor shall be required to submit a certified document to the department which verifies that the required background check investigation has been successfully completed. ADD}
{ADD (e) Application for a license shall be on a form prescribed by the licensing authority and shall include the following: ADD}
{ADD (1) The license applicant's full name and nay other names previously used, current residence and business addresses and telephone numbers; ADD}
{ADD (2) Date and place of birth; ADD}
{ADD (3) A list of all felony and misdemeanor convictions of the license applicant in any jurisdiction; ADD}
{ADD (4) Two classifiable sets of fingerprints recorded in such manner as may be specified by the licensing authority; ADD}
{ADD (5) Two recent photographs of a type prescribed by the licensing authority; ADD}
{ADD (6) The name and address of the alarm contractor which employs or will employ or otherwise engage the license applicant; ADD}
{ADD (7) The application shall include a statement by the alarm contractor which employs the applicant for a license. ADD}
{ADD (8) The license applicant's employment record for the prior three (3) years; ADD}
{ADD (9) A statement whether the applicant has been denied an alarm agent, guard or private investigator license, permit or license or business license for an alarm contractor, guard or private investigator business in any jurisdiction and whether that license, permit or license has been revoked; ADD}
{ADD (10) A statement that the license applicant will inform the licensing authority of any material change in the information set forth in the license applicant's form within ten (10) days after that change; and ADD}
{ADD (11) Any other information which the licensing authority may reasonably deem necessary to determine whether an applicant for a license meets the requirements of this chapter; ADD}
{ADD (f) The limited burglar alarm technicians license shall be carried by an individual required to obtain a license under this chapter whenever that individual is engaged in the alarm business and shall be exhibited upon request. ADD}
{ADD (g) The licensing authority may refuse to issue a license if the license applicant has been convicted of a felony or a misdemeanor in any jurisdiction and the licensing authority finds that the conviction reflects unfavorably on the fitness of the applicant to engage as an alarm contractor or to be employed by an alarm contractor. ADD}
{ADD 5-6.1-24. Investigation of license applications. -- ADD}{ADD After receipt of a complete application for licensure, the licensing authority will review said application to determine whether the facts set forth in the application are true. The initial application and annually upon renewal, the application must include a completed background criminal investigation supplied by the applicant certifying all records of criminal information which it has or shall receive indicating any criminal activity on the part of the applicant for a license. The department of the attorney general will also submit the fingerprints of the applicant for a license to the Federal Bureau of Investigation for review. The department of the attorney general shall provide the information subject to the rules and regulations promulgated by the attorney general regarding the production of such information. ADD}
{ADD 5-6.1-26. Request for hearing upon notice of denial of license application. -- ADD}{ADDAfter receipt of written notice from the licensing authority of denial of a license, the license applicant may request a hearing in the same manner and in accordance with the same procedure as the provided in section 5-6.1-14 (b). ADD}
{ADD 5-6.1-27. Grounds and procedure for suspension or revocation of licenses. -- ADD}{ADD (a) For purposes of this section only, when the term "alarm technician" is used, it shall also apply to an individual required to obtain a license form the licensing authority. ADD}
{ADD (b) Alarm technician licenses may be suspended or revoked by the licensing authority in the manner hereinafter set forth if the licensee has: ADD}
{ADD (1) Been found to have violated any of the provisions of this chapter or any rule or regulation of the licensing authority if the licensing authority determines that the violation reflects unfavorably upon the fitness of the license holder to function as an alarm technician; ADD}
{ADD (2) Knowingly and willfully given any material false information to the licensing authority in connection with an application for a license or a renewal or reinstatement of a license hereunder or in the submission of any material fact to the licensing authority; ADD}
{ADD (3) Been convicted in any jurisdiction of a felony or a misdemeanor if the licensing authority finds that conviction to reflect unfavorably on the fitness of the licensee to function as an alarm technician. ADD}
{ADD (c) Prior to suspension or revocation of a license, the licensing authority shall promptly notify the licensed technician and the alarm contractor by which the technician is employed or otherwise engaged of the proposed action setting forth in reasonable detail the ground or grounds for suspension or revocation. The license holder may request a hearing in the same manner and in accordance with the same procedure as that provided in section 5-6.1-19 (b). ADD}
{ADD (d) In the event that the licensing authority suspends or revokes a license, the licensee, upon receipt of the notice of suspension or revocation, shall cease to perform any services related to the alarm business. ADD}
{ADD (e) Both the licensed technician and the alarm contractor which employs him or otherwise engages him shall be notified by the licensing authority of final action to suspend or revoke a license. ADD}
{ADD 5-6.1-28. Nontransferability of licenses. -- ADD} {ADD No license issued pursuant to the provisions of this chapter shall be transferable. Licenses issued by the licensing authority must be surrendered to the licensing authority by the license holder upon termination of employment. A new application must be submitted to the licensing authority if the alarm technician is subsequently employed by another alarm contractor and a new license will be issued for a transfer fee of ten ($10.00) dollars. ADD}
{ADD Willful and knowing refusal upon request of the licensing authority to return a license shall be a misdemeanor. ADD}
{ADD 5-6.1-29. Renewal and replacement of licenses -- Notification of changes. -- ADD} {ADD (a) Licenses issued by the licensing authority shall be valid for a period of one (1) year and will become due for renewal on the birthdate of the licensee. ADD}
{ADD The renewal fee for an alarm contractor shall be one hundred ($100.00) dollars, the renewal fee for a burglar alarm technician shall be thirty ($30.00) dollars, and the renewal fee for a limited burglar alarm technician shall be twenty ($20.00) dollars. ADD}
{ADD (b) The licensing authority may refuse to renew a license on any of the grounds set forth in section 5-6.1-13 (a). ADD}
{ADD Licensees may, within fifteen (15) days after receipt of the notice, request a hearing in accordance with the same procedure as that provided in section 5-6.1-14 (b). ADD}
{ADD (c) An alarm contractor shall notify the licensing authority within ten (10) days after the death or termination of employment of any of its employees who holds a license issued by the licensing authority. ADD}
{ADD (d) There shall be a ten doll ($10.00) charge for issuance of a duplicate license or registration to replace a lost, damaged, or destroyed license or registration. ADD}
{ADD 5.6.1-32. Local governmental regulations of alarm contractors or alarm technicians. -- ADD} {ADD (a) The provisions of this chapter are not, however, intended to and do not prevent the legally constituted authority of any local governmental subdivision within the state by legislation, rules or regulations, and within the police power of that local governmental subdivision, form requiring alarm contractors and/or alarm technicians to register their names, addresses and license number or registration number with the local governmental subdivision within which they operate. Those local governmental subdivisions may also require that alarm contractors and alarm technicians be given reasonable notice of termination or suspension of licenses and registrations. No fee may be charged no may any application be required by any local governmental subdivision for that registration. ADD}
{ADD (b) Although this chapter pre-empts local governmental subdivisions from enacting any licensing legislation or promulgating licensing rules or regulations applicable to alarm business or alarm agents, local governmental authorities may by legislation or reasonable rules or regulations require alarm system users in their jurisdiction to obtain a permit at the time of installation. ADD}
{ADD 5-6.1-34. Reinstatement of a revoked license or registration. -- ADD}{ADDThe licensing authority shall have authority to consider a petition for reinstatement of a revoked alarm contractors license. ADD}
{ADD 5-6.1-35. Penalties for violation. -- ADD} {ADD (a) Any person found guilty of violating any of the following provisions of this chapter shall be subject to a fine not to exceed five hundred dollars ($500.00) or to imprisonment for a period not to exceed ninety days, or both: ADD}
{ADD (1) Engaging as an alarm contractor without complying with section 5-6.1-8; ADD}
{ADD (2) Failure to obtain a license or registration as required by section 5-6.1-23; ADD}
{ADD (3) Willful and knowing failure to file or maintain on file the surety bond as required by section 5-6.1-15; ADD}
{ADD (4) Willful and knowing failure of an alarm contractor to notify its subscribers of revocation of its license as required by section 5-6.1-19 (c); and ADD}
{ADD (5) Willful and knowing failure to surrender a license or registration as required by section 5-6.1-21 (b) or to surrender a license or registration as required by section 5-6.1-28. ADD}
{ADD (b) Any person found guilty of willfully and knowingly submitting false information of a material nature in any application for an alarm contractor's license or for an alarm technician or for a limited alarm technician or for renewal applications thereof, shall be subject to a fine not to exceed five hundred dollars ($500.00), or to imprisonment for a period not to exceed ninety (90) days, or both. ADD}
SECTION 4. This act shall take effect upon passage.
This act would appeal the existing chapter regarding burglar and hold up alarm businesses and enact a new chapter to provide uniform procedures and qualifications throughout the state for the licensing of alarm businesses and the issuance of identification cards to alarm agents and other individuals.
This act would take effect upon passage.
