Mo. Code Regs. tit. 17 § 10-2.050

Current through Register Vol. 49, No. 18, September 16, 2024

Section 17 CSR 10-2.050 - Testing Requirements and Qualification Standards

PURPOSE: In accordance with generally recognized policing standards, the Board of Police Commissioners of Kansas City, Missouri (board) has established testing requirements for those seeking individual licensing pursuant to these provisions and has established qualification standards pursuant to the duties carried out by individuals providing private security or proprietary private investigative services.

(1) All applicants for licensing shall successfully pass a written examination as presented by the department to potential licensees. A person failing to obtain a passing score as established by the board may be allowed to retake the written test three (3) times. An additional fee and a new Form 5409 P.D. is required each time the test is retaken. The test may not be taken more than one (1) time per day. An applicant shall have the right to review their test. The Private Officers Licensing Unit (POLU) may refuse to test any person if evidence exists that there is grounds for denial of the license. This excludes any person holding an active or inactive Peace Officer Standards and Training (POST) certification and all retired sworn members of the department. The board has established categories of testing that reflect the responsibilities and qualifications required for the type of license sought by the applicant. The Private Security/Proprietary Investigator's Instructional Manual Form 5061B (11-2023), outlines the examination and is available from the POLU. It is the company's responsibility to provide training necessary to prepare the applicant to take and pass the board's written examination. In addition to obtaining the license as an armed licensee, the company must certify that the applicant or licensee has completed the required training and must present a completed Form 5715 P.D. at the time of application. The licensee must successfully qualify annually with their weapon. The qualification will be equivalent to that required for department police officers. In addition, any person holding an armed license shall requalify any time they change weapons. A licensee may only carry and qualify with one (1) handgun per company. As set out in 17 CSR 10-2.040(1)(Q), a fee will be charged anytime a weapon change is made.

(A) Applicants for Class A licensing, in addition to those topics listed in subsection (1)(B) of this rule, shall also be tested on crime and criminal liability, firearms responsibility and liability, and patrol techniques. Class A licenses issued to those requesting designation as a proprietary private investigator shall also be tested on investigative techniques, illegal electronic surveillance, audio recording, and visual or video recording when permissible.

(B) Applicants for Class B licensing as provided in this chapter shall be tested on detention and seizure, how to interact with the general public and public officials, the licensing process, including rules, how to react to crisis situations, and liability issues.

(C) Applicants for proprietary private investigator must possess a high school diploma or GED and one (1) of the following: A two- (2-) year degree in Administration of Criminal Justice or a bachelor's degree; two (2) consecutive years prior investigative experience in law enforcement, military police, or military intelligence functions; or two (2) years consecutive experience with a licensed private security or proprietary private investigative company, and be certified by that company as to knowledge of the law and investigative techniques.

(D) Each armed licensee will complete four (4) hours of handgun training at the Kansas City, Missouri Police Pistol Range (range) each year and additional hours for rifle training if the applicant wishes to carry a rifle. The applicant will be required to complete both a rifle training class if they wish to carry a rifle and pay the fees associated with those training classes.

(2) As all applicants for Class A licenses are granted the authority to detain or apprehend, each applicant or his/her employer must certify annually on the Form 5409 P.D. to the satisfaction of the board that the applicant is physically and mentally capable of being able to safely detain or apprehend suspects without the necessity of resorting to the displaying or discharging of a weapon except in self-defense or in defense of another. This will require every applicant to submit at renewal annually a Form 5409 P.D. The board may investigate the certification and may reject the application if there is evidence that the certification is false or incorrect.

(3) Additionally, each applicant applying for a license under these provisions must meet these standards-

(A) Meet the qualifications in 17 CSR 10-2.020(3);

(B) Be at least twenty-one (21) years of age to hold an armed license and be at least eighteen (18) years of age to hold an unarmed license;

(C) Be able to read, write, and understand the English language;

(D) Be capable of understanding and performing the duties and responsibilities of a licensee;

(E) If the applicant served in the Armed Forces of the United States within ten (10) years prior to the date of application, the final discharge of the applicant from the armed forces must be honorable or general under honorable conditions;

(F) Not have been convicted of a felony or a misdemeanor in federal or state court;

(G) Be of good moral character by having no felony convictions, misdemeanor convictions, or city ordinance convictions, which have as an essential element fraud, dishonesty, an act of violence, bribery, illegal drug use, sexual misconduct, and other similar acts constituting moral turpitude as defined by the common law of Missouri except that city ordinance convictions involving driving while intoxicated or driving under the influence of alcohol or drugs will be considered on a case-by-case basis;

(H) For armed applicants, not be the respondent named in a full order of protection currently in effect issued after a hearing by a court of competent jurisdiction;

(I) Have no prior revocation of a security license;

(J) Failing to meet the standards as set out in this division;

(K) Making any false statements or giving any false information in connection with an application for a license;

(L) Failing to provide information deemed necessary in order to establish eligibility;

(M) Holding a license which is suspended, including a suspension which is currently under review or under a stay pending the outcome of litigation in a court of competent jurisdiction;

(N) Providing other facts or actions which demonstrate that the applicant is unsuitable or ineligible for license; and

(O) Being terminated from or resigning under investigation or threat of discharge from a law enforcement agency shall make an individual ineligible for a license, but s/he may appeal to the board pursuant to the appeal process contained in this section.

(4) Applicants and their employers, in the event of license denial, will be given a written notification. Applicants may appeal in writing to the POLU within thirty (30) days of denial notification. The appeal should contain a brief statement responding to the reasons for denial. Failure to supply information to the board will result in the automatic denial of the appeal. The board will then notify the applicant in writing of its formal decision on the matter. Applicants have no right to a hearing or presentation to the board.

(5) A licensee must carry his/her license with him/her at all times while s/he is working. The license card must be worn on the outermost garment while on duty. The licensee must produce such license immediately at the request of a police officer, employee of the board, or person that the licensee has stopped or detained, if the licensee holds a license which allows him/her to stop and detain persons.

(6) The POLU will approve in advance all uniforms to be worn by any licensee. No uniform identical to or bearing resemblance to any uniform used by the department shall be approved. Additionally, no uniforms, badges, or other insignia using the word "police" shall be approved for use, except as provided in 17 CSR 10-2.030(1)(A) 4. Companies licensed under this chapter shall provide the board a description, including the type and color, of the company uniform along with a photograph of the uniform. The company name must appear on the uniform or a patch and the word "security" must also appear on the uniform or patch. The word "security" must be clearly displayed on the outermost clothing to be worn by the licensee.

(7) Individuals providing private security services or proprietary private investigative services are required to file a discharge of firearms report with the board within five (5) days of the incident whenever they discharge a firearm in the course of their occupation, other than formal firearms training, or when off-duty. Failure to do so may result in action being taken by the board as outlined herein.

(8) Individuals providing private security services or proprietary private investigative services are required to notify the POLU when they are arrested or have court cases pending, within five (5) days of the incident. Failure to do so may result in action being taken by the board as outlined herein.

(9) No person licensed under these provisions shall divulge to any unauthorized person or company any information or knowledge received from the department or any source when the divulgence would be detrimental to effective law enforcement. Under no circumstances may any records received from the department, whether generated by computer or otherwise, be accessed for personal use.

17 CSR 10-2.050

AUTHORITY: section 84.720, RSMo 2000.* Original rule filed Dec. 5, 1979, effective March 17, 1980. Amended: Filed May 3, 1988, effective Sept. 29, 1988. Rescinded and readopted: Filed May 28, 1993, effective Jan. 31, 1994. Amended: Filed April 14, 1997, effective Oct. 30, 1997. Rescinded: Filed Dec. 15, 1999, effective Aug. 30, 2000. Readopted: Filed Jan. 13, 2000, effective Aug. 30, 2000. Rescinded and readopted: Filed March 14, 2013, effective Aug. 30, 2013.

Amended by Missouri Register December 1, 2014/Volume 39, Number 23, effective 1/29/2015

Adopted by Missouri Register August 2, 2021/Volume 46, Number 15, effective 9/30/2021

Adopted by Missouri Register March 15, 2024/volume 49, Number 6, effective 4/30/2024.

*Original authority: 84.720, RSMo 1939, amended 1943, 1993.