D.C. Mun. Regs. tit. 17, r. 17-2126

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 17-2126 - DENIAL, SUSPENSION, AND REVOCATION OF SECURITY AGENCY LICENSE

2126.1

The Mayor may deny a security agency license to any individual or firm, reprimand any licensed security agency, fine any licensed security agency, or suspend or revoke a security agency's license if the applicant or licensee engages in any of the following:

(a) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

(b) Fraudulently or deceptively uses a license;

(c) Aids an individual to obtain or to attempt to obtain fraudulently or deceptively certification under this title as a security officer;

(d) While not licensed, solicits to engage in or willfully engages in a business providing security officer services in the District;

(e) While not licensed, willfully advertises as a security agency or of the provision of security officer services;

(f) Willfully makes a false statement or misrepresentation that an individual is or was in the employ of the applicant or licensee;

(g) Willfully makes a false statement or misrepresentation in any renewal application, in any annual statement, or in any other report or document required to be submitted;

(h) Fails to notify the Mayor about any change among the security agency members or in the address of the principal office or any branch office of a licensee;

(i) Fails to maintain a bond as required by this chapter;

(j) Fails to maintain the liability insurance required under this chapter;

(k) Fails to adequately supervise and train its security officer employees to the extent that the public health or safety is at risk or in violation of the training required by this chapter; or

(l) Commits any other violation under this chapter.

2126.2

For purposes of this section, an act or omission of any principal, agent, or employee of an applicant or licensee may be construed to be the act or omission of the applicant or licensee, as well as of the principal, agent, or employee.

2126.3

When the Mayor finds any violation specified in this section, he or she may do one or more of the following:

(a) Deny an initial or renewal application;

(b) Issue a reprimand;

(c) Impose an administrative fine not to exceed $1,000 for every count or separate offense;

(d) Place the licensee on probation for a period of time and subject to such conditions as the Mayor may specify; or

(e) Suspend or revoke the license.

2126.4

Whenever the Mayor proposes to deny, suspend, or revoke a license, or impose an administrative fine under this chapter, notice shall be given to the applicant or security agency in accordance with the procedures set forth in §§ 2120 and 2121 for an applicant for certification as a security officer or a security officer, and the applicant for a security agency license or a security agency shall be afforded the opportunity for an administrative hearing and the right to appeal in accordance with the procedures set forth in §§ 2122 and 2123 for an applicant for certification as a security officer or a security officer.

2126.5

In addition to, or in lieu of, the penalties and sanctions provided in this chapter, the Mayor may issue an order to any person or firm engaged in any activity, conduct, or practice constituting a violation of any provision of this chapter, directing such person or firm to forthwith cease and desist from such activity, conduct, or practice.

2126.6

If the person or firm to whom the Mayor directs a cease and desist order does not cease and desist within three (3) working days from service of the order, the District may seek, in any court of competent jurisdiction and proper venue, a writ of injunction enjoining such a person or firm from engaging in any activity, conduct, or practice prohibited by this chapter.

2126.7

Upon a proper showing by the Mayor that such a person or firm has engaged in any activity, conduct, or practice prohibited by this chapter, the court shall issue a temporary restraining order restraining the person or firm from engaging in unlawful activity, pending a hearing on a preliminary injunction, and in due course a permanent injunction shall be issued after a hearing, commanding the cessation of the unlawful activity.

D.C. Mun. Regs. tit. 17, r. 17-2126

Amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006)