disciplinary penalty or fine – Definitions. A. A Security Guard License, Armed Security Guard License, Private Investigator License, and any conditional license shall be subject to denial, suspension, revocation, disciplinary penalty or fine by the Council on Law Enforcement Education and Training subject to the Administrative Procedures Act for, but not limited to, the following reasons by clear and convincing evidence: 1. Falsification or a willful misrepresentation of information in: a. an employment application or application to the Council on Law Enforcement Education and Training, b. records of evidence, or c. testimony under oath; 2. Failure to successfully complete any prescribed course of training as required by the Council; 3. Violation of a provision of the Oklahoma Security Guard and Private Investigator Act or a rule promulgated pursuant to the act; 4. A conviction, entry of a plea of guilty, nolo contendere, an "Alford" plea or any plea other than a not guilty plea for larceny, theft, embezzlement, false pretense, fraud, false personation of a peace officer, any nonconsensual sex offense, any offense involving a minor as a victim, any offense involving the possession, use, distribution or sale of a controlled dangerous substance, any offense involving a firearm, any felony crime that substantially relates to the occupation of a security guard or private investigator and poses a reasonable threat to public safety or any other offense as prescribed by the Council; 5. Use of beverages containing alcohol while armed with a firearm; 6. Knowingly impersonating a law enforcement officer; 7. Failure to obtain or maintain liability insurance coverage or a surety bond pursuant to subsection J of Section 1750.5 of this title; or 8. Revocation or voluntary surrender of reserve peace officer or peace officer certification, private security guard license, private investigator license or bail enforcer license in any state for a violation of any law or rule or pursuant to a settlement of any disciplinary action in such state. B. A Security Agency License or Investigative Agency License shall be subject to denial, suspension, or revocation, disciplinary penalty or fine by the Council subject to the Administrative Procedures Act for, but not limited to, the following reasons by clear and convincing evidence: 1. Falsification or a willful misrepresentation of information in: a. an employment application or application to the Council on Law Enforcement Education and Training, b. records of evidence, or c. testimony under oath; 2. Violation of any provision of the Oklahoma Security Guard and Private Investigator Act or a rule adopted pursuant thereto; 3. Employing, authorizing, or permitting an unlicensed, uninsured or unbonded person to perform a security guard, armed security guard, unarmed private investigator or armed private investigator function; 4. Permitting a person to perform a security guard, armed security guard, unarmed private investigator or armed private investigator function, knowing the person has committed any offense enumerated in subsection A of this section; or 5. Revocation or voluntary surrender of reserve peace officer or peace officer certification, private security guard license, private investigator license or bail enforcer license in any state for a violation of any law or rule or pursuant to a settlement of any disciplinary action in such state. C. Upon the effective date of suspension or revocation of any license, the licensee shall have the duty to surrender the license and any identification card issued pursuant thereto to the Council. D. As used in this section: 1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and 2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation. Added by Laws 1986, c. 224, § 7, operative July 1, 1987. Amended by Laws 1987, c. 193, § 7, eff. July 1, 1987; Laws 1988, c. 200, § 5, eff. July 1, 1988; Laws 1993, c. 63, § 3, eff. July 1, 1993; Laws 1997, c. 226, § 5, eff. Nov. 1, 1997; Laws 2019, c. 246, § 6, eff. Nov. 1, 2019; Laws 2019, c. 363, § 58, eff. Nov. 1, 2019.
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