Okla. Admin. Code § 390:35-5-1
Current through Vol. 42, No. 4, November 1, 2024
Section 390:35-5-1 - Agency license requirements(a) All licensed security guard and private investigative agencies, shall maintain a place of business within the State of Oklahoma, and shall maintain an operative telephone in the agency name. The agency must also provide proof of published phone number in a format specified by CLEET. Every license issued under this chapter shall be posted conspicuously in the licensee's principal place of business in this state. The phone number shall be on file with CLEET. The office of such business may be maintained at the personal residence of the executive officer, manager, or supervisor of such office. Such notification shall include both the geographical location (street address) and the mailing address. Any changes in the above shall be submitted to CLEET in writing, with an original signature, within 10 days of the effective date of the change.(b) The executive officer, manager, or other person in charge of supervising security guards and/or private investigators shall be a resident of the State of Oklahoma. (1) The executive officer, manager, or other person in charge of supervising security guards in the performance of their duties shall be a licensed security guard. This provision applies to a peace officer who would otherwise be exempt from licensure requirements.(2) The executive officer, manager, or other person in charge of supervising private investigators in the performance of their duties shall be a licensed private investigator.(c) Agency licenses issued in the name of a corporation, limited liability company (LLC), or other non-natural person legal entity recognized by the State of Oklahoma remain with the corporation, LLC, or other non-natural person legal entity regardless of changes in ownership interests. Agency licenses issued in the name of an individual or in the name of a company which is not a corporation LLC, or other non-natural person legal entity, such as a "doing business as" (d/b/a) company, are not transferrable upon the sale of the company. Any agency licensee shall notify CLEET in writing, with an original signature, of changes in agency head, security guard and/or private investigator supervisor, and/or branch manager and such substitutes must satisfy the requirements listed in (d) of this section and be approved by CLEET. Such notices must be made within ten (10) days of any changes.(d) Every applicant for an agency license, or in the case of a corporation, LLC, or other nonnatural person legal entity, the agency head, security guard and/or private investigator supervisor, and /or branch manager shall meet the following qualifications before the agency may engage in any business licensed under this chapter: (2) be a citizen of the United States or a resident alien;(3) not have been convicted of a felony that substantially relates to the occupation of a security guard or private investigator and poses a reasonable threat to public safety or crimes enumerated in the Act or CLEET rules unless waived by the Council pursuant to O.S. Title 59, Section 1750.5(H);(4) not have had his or her license revoked or application for such license denied by CLEET or any other state and must provide a letter of good standing from any other state previously licensed;(5) in the case of a corporation, be incorporated under the laws of this state, or shall be duly qualified to do business within this state.(e) Alarm Companies who respond to electrical, electronic or mechanical alarm signal devices, burglar alarms, television cameras or still cameras used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, or hold-up are required to be licensed as a Security Agency, and individually license employees as security guards, or armed security guards, who provide the response.(f) Temporary employment agencies who provide guards or private investigators to their clients on a contractual basis fall within the definition of a contract security or investigative company and must be licensed pursuant to the Act.(g) Employee leasing services who provide an administrative service only for handling the payroll, employee's salaries, and benefits, who do not make assignments, supervise or direct the work of the employee, or select the employees, but who lease the employee back to the licensed agency, do not fall within the definition of a contract security or investigative company and are not required to obtain an agency license. Licensed agencies who utilize the employee leasing services, are responsible for the duties such as reporting employments, terminations, address changes to our agency, providing appropriate liability insurance coverage, etc., as if the employee were paid by the agency.(h) CLEET retains the right to inform an agency applicant that the Agency Name they are submitting is a duplicate too similar to an existing agency name licensed in the state.(i) Agency licenses that have expired for a period of more than thirty (30) days must complete the entire application process. If an agency renewal application is received more than thirty (30) days after the agency license expiration date, the Agency must submit a completed new application and complete licensing fee.Okla. Admin. Code § 390:35-5-1
Amended at 11 Ok Reg 1289, eff 2-16-94 (emergency); Amended at 11 Ok Reg 2853, eff 6-15-94; Amended at 13 Ok Reg 145, eff 9-25-95 through 7-14-96 (emergency); Amended at 13 Ok Reg 3291, eff 7-25-96; Amended at 14 Ok Reg 2310, eff 6-12-97; Amended at 26 Ok Reg 2563, eff 7-11-09Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/15/2014Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022