La. Admin. Code tit. 46 § LIX-203

Current through Register Vol. 50, No. 9, September 20, 2024

Section LIX-203 - Application Procedure

A. Application must be made to the board on application forms obtained from the board. If the applicant is an individual, the application shall be subscribed and sworn to by such person. If the applicant is a partnership, the application shall be subscribed and sworn to by each partner. If the applicant is a corporation, it shall be subscribed and sworn to by at least two principal corporate officers. The application shall include the following information:

1. full name and business address of applicant; and if the applicant is a partnership, the name and address of each partner, or if a corporation, the name and address of the qualifying agent;

2. name under which the business is to operate;

3. address of the principal place of business and all branch offices of the applicant within this state, and the corporate headquarters of the business, if outside this state;

4. if the applicant is a corporation, the correct legal name, the state of incorporation, date of incorporation, date qualified to do business in Louisiana, along with a copy of the certificate of good standing, and the names of the two principal officers of the corporation, other than the qualifying agent, and the business address, residence address, and the office or position held by each within the company; further, if the qualifying agent is not a resident of Louisiana, the application shall also include the name and the address of the applicant's agent for service of process designated as required by law;

5. statement as to the general nature of the business;

6. if the applicant is to operate as a sole proprietor, he must furnish a copy of his occupational license with the application;

7. as to each individual applicant; or if the applicant is a partnership, as to each partner, or if the applicant is a corporation, as to the qualifying agent and two principal corporate officers, the following information:

a. full name;

b. age;

c. date and place of birth;

d. all residences during the immediate past five years;

e. all employment or occupations engaged in during the immediate past five years;

f. two sets of classifiable fingerprints on FBI fingerprint cards with the appropriate processing fee;

g. one recent photograph no larger than 2" x 2";

h. a general physical description;

i. letters attesting to good moral character from three reputable individuals, not related by blood or marriage, who have known the applicant(s) or qualifying agent for at least five years; and

j. a list of all convictions and/or pending criminal charges in any jurisdiction for any felony, crime involving moral turpitude, or illegal use of a dangerous weapon, for which a full pardon or similar relief has not been granted;

8. two classifiable sets of prints on FBI fingerprint cards with the appropriate processing fee for the applicant, or of the manager, of each officer, partner or shareholder (except for shareholders of publicly traded corporations);

9. copy of DD-214 form, if applicable, showing type of discharge;

10. general liability insurance:

a. the general liability policy as required by R.S. 37:3276 shall name the state of Louisiana as an additional insured and, at a minimum, shall contain coverage provisions for hiring, training and retention; errors and omissions; firearms; care, custody and control, with minimum limits equal to those set forth in R.S. 37:3276 for general liability coverage and with contractual liability exclusive of sole negligence. The policy shall not void coverage for all insureds based upon the exclusion of one insured;

b. a copy of the entire policy shall be submitted to the board upon issuance or renewal of the policy;

c. investigators acting on behalf of the Louisiana State Board of Private Security Examiners shall be empowered to investigate and report on the financial health of insurance companies authorized to issue such policies in Louisiana ;

d. all companies issuing policies as required by R.S. 37:3276 shall certify policy compliance with the provisions of this Chapter;

11. copy of company's badge and insignia; and

12. copy of occupational license from parish where company or branch has operations.

B. Verification of required experience shall be in the form of affidavits from clients, employers, copy of DD-214, and other types of information the board may reasonably deem sufficient.

C. An administrative fee of $25 made payable to the board will be assessed on all checks returned from the bank and deemed non-sufficient funds.

D. An administrative fee of $25 made payable to the board will be assessed on all fingerprint cards repeatedly rejected by the Department of Public Safety.

E. Company applications must be notarized; however, individual security officer applications need not be.

F. Out-of-State Company

1. Companies wishing to do business in Louisiana must either incorporate here or be duly qualified to do business within this state with a valid certificate of authority issued by the secretary of state, and shall have an agent for service of process designated as required by law.

2. Out-of-state companies wishing to do business in Louisiana, who satisfied all the licensing requirements outlined in the law, may do so without examination if the state under which it holds a valid license has comparable licensing requirements. Verification of satisfactory completion of such other state's examination must be submitted to the board. If the out-of-state company is licensed by a state that does not have licensing requirements comparable to those of Louisiana, then the company must satisfy all the licensing requirements outlined in R.S. 37:3270, et seq.

3. Fees for out-of-state companies are the same as for instate companies except that an out-of-state company shall be required to pay the board of the cost of transportation, lodging, and meals at the state rate when an examination of records is performed if those records are kept outside of the state.

G. It shall be unlawful for any individual to make an application to the board as qualifying agent unless that person intends to maintain and maintains that supervisory position on a regular, full-time basis.

H. Licenses issued by the board shall be valid for a one-year period beginning from the date application was submitted to the board.

I. Renewal Provisions. The annual renewal fee prescribed by law must be submitted to the board 30 days prior to the expiration date of the license. If there have been any changes in the status of the company, then a new company application must also be submitted, along with the application fee prescribed by law.

J. All material changes of facts affecting the licensee must be communicated to the board, in writing, within 10 calendar days. These changes of facts include the following:

1. change in any of the principal corporate officers or qualifying agent of a corporation, any partner in a partnership, or individual, noncorporate owners of a 25 percent or greater interest in the applicant;

2. termination of a branch manager;

3. change of business name;

4. change of business address;

5. change of business telephone number; and

6. change of ownership if the business is a sole proprietorship.

K. Any change of the current listed principal officers in a corporation that is a licensee must be accompanied with a copy of the minutes electing the new officers and verification that these changes have been recorded with the secretary of state's office.

L. A branch office of a board-licensed company which desires to register with the board may do so on a voluntary basis at a fee of $100 per year. A letter requesting to register a branch office, along with a current list of active security officers, including Social Security numbers, should be submitted to the board along with a $100 check or money order made payable to the Board of Private Security Examiners.

La. Admin. Code tit. 46, § LIX-203

Promulgated by the Department of Public Safety and Corrections, Board of Private Security Examiners, LR 13:752 (December 1987), amended LR 15:12 (January 1989), LR 15:847 (October 1989), LR 26:1070 (May 2000), LR 28:97 (January 2002), LR 28:2203 (October 2002), LR 31:1599 (July 2005).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3270, et seq.