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), |
--- |
40 Yards |
2 |
Fire one
rifled slug standing from the shoulder, and one rifled |
--- |
25 Yards |
2 |
Fire one
rifled slug standing from the shoulder, and one rifled |
--- |
Change Target |
|||
12-15
Yards |
2 |
Fire one
round of #9 or #12 pellet standing from the shoulder, and |
--- |
12 Yards |
3 |
Fire one
round of #9 or #12 pellet standing from the shoulder, and |
--- |
(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 |
|
10 |
Bench Rest |
Untimed |
|
10 |
Prone |
Untimed |
|
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 |