D.C. Mun. Regs. tit. 17, r. 17-2104

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 17-2104 - ELIGIBILITY REQUIREMENTS - CRIMINAL CONVICTIONS

2104.1

(a) A person who is in either of the following categories shall not be eligible for certification as a security officer unless he or she meets the burden of proving to the Office of Administrative Hearings that he or she is not a significant safety risk to the community and meets all other requirements for certification:

(1) A person who has been released from incarceration for a felony conviction in any jurisdiction in the United States within two (2) years prior to the date of filing an application for certification; or

(2) A person who has been released from incarceration for a misdemeanor conviction in any jurisdiction in the United States involving larceny or involving the illegal use, carrying, or concealment of a dangerous weapon within one (1) year prior to the date of filing an application for certification.

(b) The provisions of this section do not preclude a security company from imposing stricter standards or from requiring a longer period of ineligibility for a felony or misdemeanor.

2104.2

Notwithstanding the provisions of § 2104.1, but subject to the one (1) year limitation in § 2104.3, if the Office of Administrative Hearings does not act upon the application of a person within sixty (60) days after it is filed, the certification shall be made if the applicant meets all other applicable requirements for certification.

2104.3

Under no circumstances shall a person convicted of a felony be certified or serve as a security officer until one (1) year after release from incarceration resulting directly or indirectly from that conviction.

2104.4

The Office of Administrative Hearings shall consider the following in determining whether an applicant is a significant safety risk:

(a) The nature of the crime for which the applicant was convicted and its relationship to the duties and circumstances of employment as a security officer;

(b) Information pertaining to the degree of rehabilitation of the applicant since the crime, including formal work experience or participation in vocational training, educational attainment, and family support;

(c) The time elapsed since the conviction; and

(d) Other evidence of personal motivation, including community volunteer work and character references.

D.C. Mun. Regs. tit. 17, r. 17-2104

§ 3.4 of the Regulation Establishing Standards for Certification and Employment for Security Officers, Reg. No. 74.31, approved December 1, 1974, 21 DCR 1203 (December 13, 1974), as amended by § 2 of the Security Officer Licensing Facilitation of 1977, D.C. Law 2.29, 24 DCR 1451 (August 19, 1977); as amended by D.C. ACT 16-465 published at 53 DCR 6726 (August 18, 2006)