CHAPTER Saf-C 2200  LICENSING OF PRIVATE INVESTIGATORS, SECURITY GUARDS, AND BAIL RECOVERY AGENTS

 

Statutory Authority:  RSA 21-P:14, II, (d) and RSA 106-F:3, RSA 106-F:7, II, and

RSA 106-F:8, III.

 

REVISION NOTE:

 

          Document #13087, effective 8-7-20, readopted with amendments Form DSSP 221 “Agency Application for Renewal of Private Investigative, Security Guard or Bail Recovery License” pursuant to the expedited revisions to agency forms process in RSA 541-A:19-c.  Form DSSP 221 is incorporated by reference in Saf-C 2204.03(a), with other requirements set forth in Saf-C 2204.03(b) and (c).  Document #13087 also updated the revision date of the form from “3/18” to “6/2020” to reflect the amendments made to the form.  

 

          Document #13088, effective 8-7-20, readopted with amendments Form DSSP 258 “Agency Application for Private Investigator, Security Guard, or Bail Recovery Agency License” pursuant to the expedited revisions to agency forms process in RSA 541-A:19-c.  Form DSSP 258 is incorporated by reference in Saf-C 2203.03(a), with other requirements set forth in Saf-C 2203.03(b) and (c).  Document #13088 also updated the revision date of the form from “3/18” to “6/2020” to reflect the amendments made to the form.

 

          Document #13087 and Document #13088 contained only the amended forms and did not change the effective date of Saf-C 2204.03 and Saf-C 2203.03.

 

          Document #13138, effective 11-24-20, subsequently readopted with amendment Saf-C 2203.03 titled “Agency Application for Private Investigative, Security Guard, or Bail Recovery Agency License” and Saf-C 2204.03 titled “Renewal Application for Agency License” through the regular rulemaking process.  The amendments included updating in the text of the rules the revision date to “6/2020” of the Form DSSP 221 “Agency Application for Renewal of Private Investigative, Security Guard or Bail Recovery License” in Saf-C 2204.03(a) and the Form DSSP 258 “Agency Application for Private Investigator, Security Guard, or Bail Recovery Agency License” in Saf-C 2203.03(a), in order to be consistent with the updated forms in Document #13087 and Document #13088.  Document #13138 also amended paragraph (b) in Saf-C 2205.04 titled “License Fees”.

 

 

PART Saf-C 2201  DEFINITIONS

 

          Saf-C 2201.01  “Agency license” means a license required for a private investigative agency, security guard service, or bail recovery agency that employs more than one person required to be licensed under Saf-C 2200.

 

Source.  #12513, eff 4-12-18

 

          Saf-C 2201.02  “Applicant” means “applicant” as defined in RSA 106-F:4, I.

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18 (formerly Saf-C 2201.01)

 

          Saf-C 2201.03  “Armed private investigator” means a private investigator who carries a firearm while engaged in the performance of his or her duties as a private investigator.

 

Source.  #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09 (from Saf-C 2201.01); ss by #12513, eff 4-12-18 (formerly Saf-C 2201.02)

 

          Saf-C 2201.04  “Armed security guard” means a security guard who carries a firearm while engaged in the performance of his or her duties as a security guard.

 

Source.  #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09 (from Saf-C 2201.02); ss by #12513, eff 4-12-18 (formerly Saf-C 2201.03)

 

          Saf-C 2201.05  “Bail recovery agency” means a corporation as defined in NH RSA 293 that engages in bail recovery activities requiring licensing under Saf-C 2200 that employs more than one person required to be licensed under Saf-C 2200.

 

Source.  #12513, eff 4-12-18

 

          Saf-C 2201.06  “Commissioner” means the commissioner of the New Hampshire department of safety, or his or her designee.

 

Source.  #9484, eff 6-19-09 (from Saf-C 2201.03); ss by #12513, eff 4-12-18 (formerly Saf-C 2201.04)

 

          Saf-C 2201.07  “Employee” means “employee” as defined in RSA 106-F:4, VI.

 

Source.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18 (formerly Saf-C 2201.05)

 

          Saf-C 2201.08  “Employee license” means a license required for a person employed by a private investigative agency, security guard service, or bail recovery agency that employs more than one person required to be licensed under Saf-C 2200.

 

Source.  #12513, eff 4-12-18

 

          Saf-C 2201.09  “Individual License” means a license required for a private investigative agency, security guard service, or bail recovery agency that employs only one person required to be licensed under Saf-C 2200, and the agency is titled under the name of that individual licensee.

 

Source.  #12513, eff 4-12-18

 

          Saf-C 2201.10  “Private investigative agency” means “private investigative agency” as defined in RSA 106-F:4, XII.

 

Source.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18 (formerly Saf-C 2201.07)

 

          Saf-C 2201.11  “Security guard service” means “security guard service” as defined in RSA 106-F:4, XIII.

 

Source.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18 (formerly Saf-C 2201.08)

 

PART Saf-C 2202  APPLICATIONS

 

          Saf-C 2202.01  Where Obtainable.  Applications for licenses pursuant to these rules, shall be available by mail or in person at the following address, or online at https://www.nh.gov/safety/divisions/nhsp/forms.html:

 

Licensing and Permits Section

Division of State Police

New Hampshire Department of Safety

James H. Hayes Building

33 Hazen Drive

Concord, N.H. 03305

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18

 

PART Saf-C 2203  ORIGINAL INDIVIDUAL  APPLICATION FOR PRIVATE INVESTIGATOR, SECURITY GUARDS, OR BAIL RECOVERY AGENT LICENSES

 

          Saf-C 2203.01  Application Form.  Prior to licensing, applicants for private investigator licensure,  security guard licensure, or bail recovery agent licensure, or a combination shall complete the appropriate application form.

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2203.02  Individual Application for Private Investigator, Security Guard, or Bail Recovery Agent License.

 

          (a)  In addition to the requirements of RSA 106-F:6, each applicant for licensure as a private detective or security guard shall complete and submit form DSSP 259 “Individual Application for Private Investigator, Security Guard, or Bail Recovery Agent License”, as revised  3/19.

 

          (b)  If an applicant answers in the affirmative to questions 11-17 on form DSSP 259, the applicant shall provide a further explanation in block 18 on form DSSP 259 and continue on a separate sheet of paper if necessary.

 

          (c)  The applicant shall sign and acknowledge that he or she certifies that he or she has read the application and affirms that every statement contained herein is true and correctly set forth and he or she also certifies that he or she is familiar with all state laws, rules, and local ordinances relating to the license for which he or she is applying, for the locations in which he or she intends to conduct operations.

 

          (d)  An applicant may provide an email address on form DSSP 259, and in so doing, shall agree that the application process may proceed in whole or in part via electronic mail.

 

          (e)  Applicants shall provide a government-issued picture ID to the department at the time of application.

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18; ss by #12919, eff 11-21-19

 

          Saf-C 2203.03  Agency Application for Private Investigative, Security Guard, or Bail Recovery Agency License.

 

          (a)  In addition to the requirements of RSA 106-F:6, each applicant for licensure as a private investigative agency, security guard agency, or bail recovery agency license shall complete and submit form DSSP 258 “Agency Application for Private Investigative, Security Guard, or Bail Recovery Agency License”, as revised 6-20.

 

          (b)  If an applicant answers in the affirmative to questions 13-18 of form DSSP 258, the applicant shall provide a further explanation in block 19 on form DSSP 258, and continue on a separate sheet if necessary.

 

          (c)  The applicant shall sign and acknowledge that he or she certifies that he or she has read the application and affirms that every statement contained herein is true and correctly set forth and he or she also certifies that he or she is familiar with all state laws, rules, and local ordinances relating to the license for which he or she is applying, for the locations in which he or she intends to conduct operations.

 

          (d)  The form shall be notarized by a notary public or justice of the peace.

 

          (e)  An applicant may provide an email address on form DSSP 259, and in so doing, that the application process may proceed in whole or in part via electronic mail.

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18; ss by #13138, eff 11-24-20 (see Revision Note at Chapter heading for Saf-C 2200)

 

Saf-C 2203.04  Employee Application for Private Investigator, Security Guard, or Bail Recovery Agent License.

 

(a) In addition to the requirements of RSA 106-F:6, each applicant for licensure as a private investigator employee, a security guard employee, or employee for a bail recovery agent shall complete and submit DSSP 247 “Employee Application for Private Investigator, Security Guard, or Bail Recovery Agent License” as revised 3/19.

 

(b)  If an applicant answers in the affirmative to questions 20-27 of form DSSP 247, the applicant shall provide a further explanation in block 29 on form DSSP 247 and continue on a separate sheet if necessary.

 

(c)  The applicant shall sign and acknowledge that he or she certifies that he or she has read the application and affirms that every statement contained herein is true and correctly set forth and he or she also certifies that he or she is familiar with all state laws, rules, and local ordinances relating to the license for which he or she is applying, for the locations in which he or she intends to conduct operations.

 

(d)  The applicant may provide an email address on form DSSP 247, and in so doing, shall agree that the application process may proceed in whole or in part via electronic mail.

 

(e)  Applicants shall provide a government-issued picture ID to the department at the time of application.

 

Source.  #5069, eff 2-21-91; ss by #5347, eff 3-10-92; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18; ss by #12919, eff 11-21-19

 

          Saf-C 2203.05  Unsworn Falsification Requirement.  All applicants using forms DSSP 258, DSSP 259 and DSSP 247 shall state his or her name and address and execute the application form under penalty of unsworn falsification pursuant to RSA 641:3.

 

Source.  #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2203.06  Written Release.  Any applicant who has been treated for mental illness, as defined by RSA 135-C:2, X, or emotional disorder or confined in an institution shall be required to obtain a written statement from the individual’s licensed health care practitioner that the individual is able to perform the duties and responsibilities of a private investigator, security guard, or bail recovery agent, whichever is the applicable license the individual is applying for.

 

Source.  #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2203.07  Background Investigation.

 

          (a)  Upon receipt of a completed application, the division shall conduct a background investigation into the character, competency, and integrity of the applicant.

 

          (b)  The background investigation shall include a criminal records check on each applicant. In addition, the division shall notify the local law enforcement agency in which the applicant resides as to the individual’s application for a license.

 

          (c)  If the criminal records check reveals that the applicant omitted or has any offenses or arrests that were not disclosed or made available to the division, or the division receives information that the individual lacks the character, competence or integrity for the license applied for, the division shall:

 

(1)  Require a questionnaire to be filled out by the references disclosed by the applicant, pursuant to Saf-C 2203.08; and

 

(2)  Require the applicant to submit to the division a letter of explanation as to why the information was not disclosed and as to an explanation of the circumstances surrounding the arrest or offense, as applicable.

 

Source.  #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2203.08  Questionnaire.

 

          (a)  If during the background investigation of the applicant a question arises about the applicant's character, integrity, or competence, the commissioner shall send each of the named references on the application a questionnaire.

 

          (b)  The questionnaire shall request the recipient:

 

(1)  To rate the applicant on the following traits:

 

a.  Character;

 

b.  Integrity; and

 

c.  Reputation; and

 

(2)  Indicate as to whether s/he know of any reason why the applicant should not be issued a license.

 

          (c)  If the recipient makes an indication as to the affirmative in response to the question in (b)(2) above, the recipient shall be requested to provide an explanation.

 

          (d)  The rating scale, referred to in (b)(1) above, shall be as follows:

 

(1)  Excellent;

 

(2)  Good;

 

(3)  Fair; or

 

(4)  Poor.

 

Source.  #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09 (from Saf-C 2203.07); ss by #12513, eff 4-12-18

 

          Saf-C 2203.09  Issuance of License.

 

          (a)  The commissioner shall issue a license pursuant to the procedures set forth in RSA 106-F:7, I provided that the criteria for denial of a license in Saf-C 2209.02 do not exist, and upon the applicant providing certified evidence that the surety bond, pursuant to RSA 106-F:9 and Saf-C 2208, is in force.

 

          (b)  Notwithstanding any rule to the contrary and pursuant to RSA 106-F:2-a, no sworn law enforcement officer employed by the state of New Hampshire or any of its political subdivisions, or any other state or its political subdivisions, or the federal government shall be issued or hold a private investigator individual, employee, or agency license.

 

Source.  #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18

 

PART Saf-C 2204  RENEWAL OF LICENSE

 

          Saf-C 2204.01  Application.

 

          (a)  Applicants for renewal of licenses for private investigator, security guard, bail recovery agent, or a combination shall complete and submit the applicable license renewal application.

 

          (b)  Pursuant to RSA 106-F:8, all applications for renewal shall be submitted at least 15 days before the expiration of the previously granted license.

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2204.02  Renewal Application for Individual or Employee License.

 

          (a)  An applicant for a renewal license for security guard individual or employee, private investigator individual or employee, or bail recovery agent individual or employee shall complete and submit form DSSP 157 “Individual or Employee Renewal Application for Private Investigator, Security Guard, or Bail Recovery Agent License”, revised 6/20.

 

          (b)  If an applicant answers affirmatively as to whether the applicant has been arrested for any crime, the applicant shall provide details of the arrest on form DSSP 157.

 

          (c)  The applicant shall sign and acknowledge that he or she certifies that he or she has read the application and affirms that every statement contained herein is true and correctly set forth, and he or she also certifies that he or she is familiar with all state laws, rules, and local ordinances relating to the license for which he or she is applying, for the locations in which he or she intends to conduct operations.

 

             (d)  The applicant may provide an email on form DSSP 157, and in doing so, shall agree that the application process may proceed in whole or in part via electronic mail.

 

          (e)  Applicants shall provide a government-issued picture ID to the department at the time of application.

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18; ss by #12919, eff 11-21-19

 

          Saf-C 2204.03  Renewal Application for Agency License.

 

          (a)  An applicant for a renewal license for security guard agency or private investigative agency shall complete and submit form DSSP 221 “Agency Application for Renewal of Private Investigative, Security Guard, or Bail Recovery Agency” License revised 6/2020.

 

          (b)  The person making application for the agency shall provide a detailed explanation on form DSSP 221 if the person answers affirmatively as to whether the person making application for the agency has been arrested.

 

          (c)  The applicant shall sign and acknowledge that he or she certifies that he or she has read the application and affirms that every statement contained herein is true and correctly set forth and he or she also certifies that he or she is familiar with all state laws, rules and local ordinances relating to the license for which he or she is applying, for the locations in which he or she intends to conduct operations.

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18; ss by #13138, eff 11-24-20

 

          Saf-C 2204.04  Late Applicants.  Any renewal application received later than the time period set forth in Saf-C 2204.01(b) shall be returned to the applicant. In order to receive a license, the applicant shall complete the application procedure for an original license, as set forth in Saf-C 2203.

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2204.05  Date of Renewal Licenses.  Renewal licenses shall be dated from the date of expiration of the previously granted license.

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18

 

PART Saf-C 2205  FEES

 

          Saf-C 2205.01  Fingerprint Check Fee.

 

          (a) In addition to any other fees required by statute, all applicants for an individual private investigator license, security guard license, or bail recovery agent license who intend to be armed as such, shall pay the fee of $10 as set forth in Saf-C 5703.13 to cover the electronic capture of fingerprint impressions and shall also pay the fee set forth in Saf-C 5705.06(b) which is established and set by the FBI, for handling a request involving fingerprint processing for noncriminal justice purposes. .

 

          (b)  Applicants shall call (603) 223-3873 to schedule an appointment for fingerprinting.

 

          (c)  Fingerprints shall be taken at the Department of Safety Building, 33 Hazen Drive, Concord NH Room 106.

 

          (d)  Fingerprinting shall be available at the locations noted above between 8:30 am and 3:30 pm Monday through Friday.

 

          (e) The applicant shall bring a current driver’s license, non-driver license, or passport to the fingerprinting appointment.

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484, eff 6-19-09; ss by #12513, eff 4-12-18; amd by #12919, eff 11-21-19

 

          Saf-C 2205.02  Record Check Fee.  In addition to any other fees required by statute, all applicants for a private investigator, security guard license or bail recovery agent shall pay a fee as set forth in Saf-C 5703.06, at the time of application to cover the expenses of a state criminal record check.

 

Source.  #7761, eff 9-21-02; ss by #9484 eff 6-19-09 (from Saf-C 2205.01); ss by #12513, eff 4-12-18

 

          Saf-C 2205.03  Background Investigation Fee.  In addition to any other fees required by statute or rule, pursuant to RSA 106-F:8, III, an applicant shall pay a fee of $10.00 for expenses of the investigation conducted by the division.

 

Source.  #9484 eff 6-19-09 (from Saf-C 2205.02); ss by #12513, eff 4-12-18

 

          Saf-C 2205.04  License Fees.  Pursuant to RSA 106-F:8, the following fees shall be collected upon making application for:

 

          (a)  Private investigator individual license, security guard individual license, or bail recovery individual license, $150.00;

 

          (b)  Private investigative agency license, security guard agency license or bail recovery agency license, $350.00; and

 

          (c)  Employee, $5.00.

 

Source.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18; amd by #13138, eff 11-24-20 (see Revision Note at chapter heading for Saf-C 2200)

 

          Saf-C 2205.05  Duplicate Identification Cards.  The department shall charge a licensee or license holder a fee of $3.00 for a duplicate identification card.

 

Source.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2205.06  Checks Payable.  All checks executed under this part shall be made payable to the “State of NH Treasurer”.

 

Source.  #12513, eff 4-12-18

 

PART Saf-C 2206  FIREARM PROFICIENCY

 

          Saf-C 2206.01  Time Requirement.  All armed security guards, armed private investigators and armed bail recovery agents shall meet the firearm proficiency requirements of RSA 106-F:8-a at least once a year.

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2206.02  Failure.  Failure to meet the proficiency requirements shall not prevent a person from being licensed as an unarmed security guard, unarmed private investigator, or unarmed bail recovery agent or combination, during the time period that the person's license to work as an armed guard, private investigator, or armed bail recovery agent, or combination, is under suspension.

 

Source.  #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2206.03  Firearm Proficiency Certification.

 

          (a)  As evidence of meeting the firearms proficiency requirement, all armed security guards, armed private investigators, or armed bail recovery agents shall provide the department with a completed form DSSP 158 “Firearm Certification Certification”, as revised 03/18.

 

          (b)  Except as provided in (c) and (d) below, form DSSP 158 shall be completed by a qualified firearms instructor as defined by RSA 106-F:8-a.

 

          (c)  The applicant shall provide:

 

(1)  His or her signature and date thereof on form DSSP 158; and

 

(2)  Positive identification to the firearms instructor at the time of qualification, such as:

 

a.  A driver's license;

 

b.  A security guard or private investigator identification card; or

 

c.  A photo identification card.

 

          (d)  The applicant shall provide the following only on form DSSP 158, relative to the applicant’s:

 

(1)  Name and date of birth;

 

(2)  Address;

 

(3)  Name and address of present employer; and

 

(4)  Position at his or her place of employment.

 

          (e)  A handgun qualification course shall:

 

(1)  Include the phases in the following table, except as provided in Saf-C 2206.03 (f):

 

Table 2206-1 Handgun Qualification Course

 

DISTANCE

ROUNDS

FORMAT

TIME

A. 3 Yards

4

2 Sets of 2 from Holster Strong Hand

3 Sec.

B. 5 Yards

6

3 Rounds 15 Degree Cant Right Hand

3 Rounds 15 Degree Cant Left Hand

7 Sec.

C. 7 Yards

6

1 Set of 6 Rnds. Cover Down Holster

8 Sec.

D. 10 Yards

6

1 Set of 6 Rnds. Cover Down Holster

10 Sec.

E. 15 Yards

8

2 Right Side Tilt Out

2 Right Side Kneeling

(Reload)

2 Left Side Tilt Out

2 Left Side Kneeling

(All Strong Hand)

25 Sec.

F. 25 Yards

2 each

segment

6 Total

Stand 5 Ft. Behind Cover, Upon Command

Move into Kneeling Position Behind Cover,

(Strong Side) Drawing Weapon Fire 2 Rnds.

8 Sec. each segment

 

(2)  Be completed utilizing an FBI “Q” target; and

 

(3) Be completed with a score of 27 out of 36 contacts inside the silouette or better on 2 consecutive occasions.

 

          (f)  Any applicant who meets the firearms proficiency certification by completing a handgun course approved by the New Hampshire police standards and training council, pursuant to Pol 404.03, shall be acceptable as a substitution for the course of fire outlined in Saf-C 2306.03 (e), if the applicant submits a copy of the course of fire used along with completed form DSSP 158.

 

          (g)  The shotgun familiarization course shall:

 

(1)  Be required of all armed private investigators, armed security guards, or armed bail recovery agents whose employers issue or have shotguns as part of their equipment, including all of the following elements:

 

Table 2206-2 Shotgun Familiarization Course

 

DISTANCE

ROUNDS

FORMAT

TIME

50 Yards

1

Starting from car carry condition (using sustained reloading techniques),
fire one rifled slug standing from the shoulder.

---

40 Yards

2

Fire one rifled slug standing from the shoulder, and one rifled
slug kneeling.

---

25 Yards

2

Fire one rifled slug standing from the shoulder, and one rifled
slug kneeling.

---

Change Target

12-15 Yards

2

Fire one round of #9 or #12 pellet standing from the shoulder, and
one round #9 or #12 pellet kneeling.

---

12 Yards

3

Fire one round of #9 or #12 pellet standing from the shoulder, and
two rounds #9 or #12 pellets kneeling.

---

 

(2)  Be completed utilizing two FBI “Q” targets; and

 

(3)  Be scored as follows:

 

a.  For rifled slug, using the scoring rings, a value of 2 points shall be assigned to scoring area of highest value, 1 point shall be assigned the area of next highest value, and no value shall be assigned to the rest of target; and

 

b. For buckshot, 2 points shall be assigned per hit on entire silhouette for #9 pellet buckshot, or 1.5 points per hit for #12 pellet buckshot.

 

          (h) A rifle qualification course shall be required of all armed security guards, armed private investigators, and armed bail recovery agents whose employers issue or have rifles as part of their equipment.

 

          (i)  The following shall apply to the rifle qualifications:

 

(1)  Candidates shall only utilize a single rifle for the qualification course;

 

(2)  The rifle used for the qualification shall have front and rear sights, and the use of telescopic sights, riflescopes or aiming devices shall be prohibited;

 

(3)  A blank 4.5 inch diameter circle shall be used as a target for qualification;

 

(4)  A fresh target shall be used for each phase of the qualification;

 

(5)  The rifle qualification course shall include all of the elements in the following table:

 

Table 2206-3  Rifle Qualification Course

 

DISTANCE

ROUNDS

FORMAT

TIME
  1. 25 Yards

10

Bench Rest

Untimed
  1. 25 Yards

10

Prone

Untimed
  1. 25 Yards

10

Standing, unsupported

Untimed

 

(6)  Two points will be awarded for each shot within, or touching the edge of the circle; and

 

(7)  A score of 45 or better points shall be deemed a successful qualification score.

 

Source.  #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

PART Saf-C 2207  IDENTIFICATION CARDS

 

          Saf-C 2207.01  Issuance of Identification Cards.  All private investagators, security guards, and bail recovery agents whether licensed as individuals or employees, shall be issued identification cards by the department.

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2207.02  Identification Cards.

 

          (a)  All identification cards shall be approximately 2" x 3" in size.

 

          (b)  The identification card shall display a computer generated image of the licensee and his or her signature.

 

          (c)  The following shall be displayed on the identification card:

 

(1)  The license number and date of expiration;

 

(2)  The type of license issued;

 

(3)  The name of the employer if the licensee is an employee;

 

(4)  The licensee's:

 

a.  Date of birth;

 

b.  Height;

 

c.  Sex;

 

d.  Weight;

 

e.  Color of hair; and

 

f.  Color of eyes; and

 

(5)  The signature of the director of state police.

 

          (d)  If the licensee is an individual, the identification card shall so indicate in the space provided for the name of the employer.

 

Source.  #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

PART Saf-C 2208  SURETY BOND

 

          Saf-C 2208.01  Bond Required.

 

          (a)  Pursuant to Saf-C 106-F:9, no license shall be issued until such time as the division has on file certified evidence that a surety bond is in force, from information provided by the applicant on form DSSP 55, “Bond for Private Investigator, Security Guard, or Bail Recovery Services” as revised 3/18.

 

          (b)  A surety bond required by this chapter shall state that prior to canceling or the expiration of the surety, the surety shall notify the division by giving 30 days written notice, to be sent certified mail.

 

          (c)  The surety shall be issued and remain in force for the term of the license.

 

          (d)  The principal sum of the bond shall be $50,000, and increased by $50,000 for each additional type of license held by any person.

 

          (e)  The principal for the bond shall complete, sign, date and submit the DSSP 55.

 

          (f)  The surety shall also sign the completed DSSP 55.

 

          (g)  A witness for the principal and surety signatures shall also sign the DSSP 55.  

 

Source.  #5069, eff 2-21-91; ss by #6458, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6491, eff 4-22-97; ss by #8308, INTERIM, eff 4-17-05, EXPIRED: 10-14-05

 

New.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

PART Saf-C 2209  DENIAL, SUSPENSION AND REVOCATION

 

          Saf-C 2209.01  Notice of Change.  In addition to the penalty provisions of RSA 106-F:16, failure to notify the commissioner of the discharge or termination of any licensed employee, or the change in membership of the firm or in the officers or directors of any association or corporation or any change in the address of any office or the location of such business, as required in RSA 106-F:12, shall be cause for the suspension of a license.

 

Source.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2209.02  Denial.

 

          (a)  The commissioner shall deny an application, if the applicant:

 

(1)  Makes a material misstatement in a license application or application for license renewal;

 

(2)  Has a felony conviction;

 

(3)  Has a record of a violent misdemeanor;

 

(4)  Has a record of a conviction involving theft, fraud, deceit, or misrepresentation; or

 

(5)  Committed any act which, if committed by a licensee, would be grounds for suspension, or revocation under this chapter or RSA 106-F.

 

          (b)  For the purposes of (a)(1) above,  incorrect information on the following subjects shall be considered material misstatement:

 

(1)  Whether the applicant has ever been arrested for a crime that has not yet been adjudicated, or convicted of a crime in this or any other state or nation that has not been pardoned or annulled by a court;

 

(2)  Whether the applicant has ever been treated for a mental illness or an emotional disorder or confined to an institution;

 

(3)  Whether the applicant has ever been a user of drugs or narcotics, excepting those under the direction of a health care practitioner;

 

(4)  Whether the applicant has ever applied for a license for a private investigator, security guard, or bail recovery agent whether as an individual or as an officer of a partnership or corporation requiring a license, which has been denied, revoked or suspended in New Hampshire or any other state, Canadian province or nation.

 

          (c)  The commissioner shall consider the totality of the applicant’s record, and whether the results of the background investigation casts doubt on the applicant’s future good behavior, or on their character, integrity or competence to be licensed.

 

          (d)  In making a determination in (c) above, the commissioner shall consider, but not be limited to the totality of the following factors:

 

(1)  Number and severity of criminal convictions;

 

(2)  Adverse information discovered in the background investigation, and a lack of mitigating information from the applicant to explain the information discovered;

 

(3)  A lack of disclosure of adverse information or incorrect information in applications for new or renewal licenses;

 

(4) Adverse information disclosed by references that is corroborated by the background investigation; and

 

(5)  Adverse information disclosed by the law enforcement agency notified during the background investigation in Saf-C 2203.07(b).

 

          (e)  Pursuant to RSA 106-F:7, IV, the commissioner shall notify an applicant of an application denial in writing, and the reasons for the denial.  An applicant may request a hearing on the denial within 15 calendar days of receipt of the notice of denial. A request for a hearing shall be made by contacting:

 

Bureau of Hearings

Department of Safety

33 Hazen Drive

Concord, NH 03305

 

          (f)  Not later than 30 days following receipt of a timely request for a hearing, the department shall hold a hearing on the denial.  The applicant shall be notified of the time, date and place of the hearing in writing.

 

          (g)  If an applicant has been arrested for a crime that would be grounds for denial of a license if convicted, and the case has not yet been adjudicated, the license request shall be denied, and the applicant will be eligible to reapply once the case has been adjudicated.

 

Source.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2209.03  Suspension.

 

          (a)  Upon showing of just cause that a license be suspended, the commissioner shall suspend such license for a period not to exceed 60 days after a hearing.

 

          (b)  Just cause shall include, but is not limited to:

 

(1)  Failure to notify the commissioner of any of the changes set forth pursuant to Saf-C 2209.01 or RSA 106-F:12;

 

(2)  Any acts contrary to state law or these rules; or

 

(3)  Failure to immediately report a felony, observed, or discovered.

 

Source.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2209.04  Revocation.

 

          (a)  The commissioner shall revoke a license, after a hearing, if the licensee:

 

(1)  Makes a material misstatement in a license application or application for license renewal, pursuant to RSA 106-F:14, I (d); or

 

(2)  Criteria outlined in RSA 106-F:14, I (a), (b), or (c).

 

          (b)  For the purposes of (a)(1) above,  incorrect information on the following subjects shall be considered material misstatement:

 

(1)  Whether the applicant has ever been arrested for a crime that has not yet been adjudicated, or convicted of a crime that has not been annulled by a court;

 

(2)  Whether the applicant has ever been treated for a mental illness or an emotional disorder or confined to an institution;

 

(3)  Whether the applicant has ever been a user of drugs or narcotics, excepting those under the direction of a health practitioner; or

 

(4)  Whether the applicant has ever applied for a license for private investigator, security guard, or bail recovery agent whether as an individual or as an officer of a partnership or corporation requiring a license, which has been denied, revoked, or suspended in New Hampshire or any other state.

 

          (c)  When a license has been revoked by the commissioner, the licensee shall be ineligible to apply for a license for one year from date of revocation.

 

Source.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2209.05  Emergency Suspension or Revocation.

 

          (a)  The commissioner shall suspend or revoke a license without a hearing if pursuant to RSA 541-A:30, III, it is determined that public health, safety, or welfare requires emergency action.

 

          (b)  The licensee shall be notified of his or her right to a hearing within 10 days to determine if his or her suspension or revocation shall remain in effect.

 

Source.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2209.06  Notification to Clients of Suspension or Revocation or License.

 

          (a)  Pursuant to RSA 106-F:14, II, unless a license revocation or suspension is appealed, the licensee shall immediately notify all its clients of such revocation or suspension.

 

          (b)  The licensee shall forward a copy of each such notification to the commissioner within 30 days of notification to the client.

 

Source.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

          Saf-C 2209.07  Procedures for Hearings.  All hearings conducted under this chapter shall be in

accordance with the department's administrative procedural and hearing rules, Saf-C 200.

 

Source.  #9484 eff 6-19-09; ss by #12513, eff 4-12-18

 

 

APPENDIX

 

RULE NUMBER

STATUTE IMPLEMENTED

 

 

Saf-C 2201

RSA 541-A:7

Saf-C 2202

RSA 106-F:6

Saf-C 2203.01 – 2203.05

RSA 106-F:6

Saf-C 2203.06 – 2203.08

RSA 106-F:6 & 106-F:7, I

Saf-C 2203.09(a)

RSA 106-F:7, I and RSA 106-F:9

Saf-C 2203.09(b)

RSA 106-F:2-a

Saf-C 2204.01

RSA 106-F:7, III & 106-F:8, I

Saf-C 2204.02

RSA 106-F:7, III & 106-F:8, I

Saf-C 2204.03

RSA 106-F:7, III & 106-F:8, I

Saf-C 2204.03 (a)-(b)

RSA 541-A:16, I(b)(1)

Saf-C 2204.04 – 2204.05

RSA 106-F:7, III & 106-F:8, I

Saf-C 2205

RSA 106-F:8, III

Saf-C 2205.01

RSA 106-F:7, I

Saf-C 2205.02 – 2205.03

RSA 106-F:7, I & RSA 106-F:8, III

Saf-C 2205.04 intro. and (b)

RSA 106-F:7, I

Saf-C 2205.04(a)-(b)

RSA 106-F:8,I

Saf-C 2205.04(c)

RSA 106-F:8, II

Saf-C 2205.05

RSA 106-F:7, II

Saf-C 2205.06

RSA 106-F:10

Saf-C 2206.01-2206.03(b)

RSA 106-F:8-a

Saf-C 2206.03(c) – (f)

RSA 541-A:16, I(b)(1)

Saf-C 2206.03(g) – (i)

RSA 106-F:8-a

Saf-C 2207

RSA 106-F:7, II

Saf-C 2208

RSA 106-F:9

Saf-C 2209.01

RSA 106-F:12

Saf-C 2209.02

RSA 106-F:7 & RSA 106-F:14

Saf-C 2209.03 – 2209.04

RSA 106-F:14 and RSA 541-A:30, II

Saf-C 2209.05

RSA 541-A:30, III

Saf-C 2209.06

RSA 106-F:14, II

Saf-C 2209.07

RSA 541-A:30 and RSA 541-A:30-a