Ala. Admin. Code r. 832-X-1-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 832-X-1-.04 - Applications; Licensure And Certification

(1) General licensure or certification.

(a) Any person or entity covered by the Act shall apply to, receive from, and maintain a license or appropriate certification from the Board.

(b) Unless otherwise provided for, an applicant for a license or certification shall cease to provide regulated services in the State immediately upon receipt of notice that licensure or certification has been denied by the Board.

(c) No personal license or certification shall be issued prior to the Board receiving the applicant's criminal background information.

(2) Temporary license or certification.

(a) Applicants for a license with the Board shall retain a certified copy of the temporary license until a license is issued or denied by the Board.

1. An applicant for a Company License shall post and display a license at all times in all business offices of the applicant within the State.

2. An applicant for personal license shall carry their temporary license on their person at all times they are performing any regulated service or activity in the State until a license or certification is issued or denied by the Board.

(b) A complete and notarized original "ALABAMA SECURITY REGULATORY BOARD, TEMPORARY PERSONAL LICENSE" cut-/tear-off form located at the bottom of the last page of the 'Personal License Application' is a temporary license for the purposes of this section.

(3) Applications for a Contract Security Company license.

(a) Any Contract Security Company not providing regulated services or activities in the State of Alabama on the date that the Board begins accepting applications shall apply to the Board prior to providing regulated services or activities in the State.

(b) Any Contract Security Company providing regulated services or activities in the State of Alabama on the date that the Board begins accepting applications shall apply to the Board on or before the 30th calendar day after the Board begins accepting applications.

(c) Any application for a Contract Security Company license received at the offices of the Board after the applicable date specified in (a) or (b) of this sub-section shall be assessed to a non-refundable late fee.

1. The late fee must be paid in full before the Board can issue a Contract Security Company license.

(d) A request for a replacement of a Contract Security Company license must be received in writing, along with a fee.

(4) Applications for a personal license.

(a) An individual's personal license application must be received at the offices of the Board on or before the 30th calendar day the applicant performs any regulated service or activity in any calendar year.

(b) Any application for a personal license received at the offices of the Board after the 30th calendar day the applicant performs any regulated service or activity in any calendar year shall be assessed a non-refundable late fee.

1. The late fee must be paid in full before the Board can issue a personal license.

(c) A request for a replacement of a Contract Security Company license must be received in writing, along with a fee.

(5) Applications for special licensure who works for six months or less.

(a) An individual who qualifies for this license must complete a personal application, including all required documents, to include but not limited to any employment and training documents that are requested by the Board, within 10 days of performing any regulated service or activity.

(b) The one-time license fee for this license is $100.00.

(c) The special license holder must submit a renewal form along with all required documents, to include but not limited to any employment and training documents that are requested by the Board, every two years from the issuance of the original license. There will be no renewal fee assessed to any special license.

(6) Applications for a Certified Trainer.

(a) Applications for a Certified Trainer must be received at the offices of the Board prior to the applicant performing any regulated service or activity.

(b) Any application for a license received at the offices of the Board after the applicant performs any regulated service or activity shall be assessed a non-refundable late fee.

1. The late fee must be paid in full before the Board can issue a personal license.

(7) Reconsideration of Denied Application.

(a) A denied application may be reconsidered by the full Board, if notice of appeal is filed with the executive director within thirty (30) days after the applicant has been notified of the administrative denial.

(b) A hearing shall be held as soon as practicable after filing of the notice of appeal, before a Board designated Hearing Officer or at such time agreed upon by stipulation between the applicant and the executive director. The Hearing Officer shall prepare a recommended Order to include a Finding of facts, Conclusions of law and Recommendation to the Board.

(c) Evidence, including oral testimony, shall be freely admitted. The applicant shall be allowed to have counsel present if desired.

(d) The Board issue a final decision within thirty (30) days of the date of it receives the Recommended Order from the Hearing Officer. Said final decision shall include findings of fact and official notice taken. The applicant shall be delivered a copy of the decision by first class mail.

(e) The decision of the Board may be appealed to the circuit court for Montgomery County, as provided in Code of Ala. 1975, § 34-27C-14 within thirty (30) days of the decision of the Board.

(f) The record on appeal shall be certified by the executive director of the Board, and shall include the entire record and transcript of the hearing.

(8) Successive applications.

(a) New applications for any license that has previously been denied because of disqualifying convictions will only be accepted if accompanied by proof that the applicant has received a pardon for the disqualifying conviction since the denial of the previous application or proof that the disqualification period has expired. Any application not accompanied by documentation will be returned.

Ala. Admin. Code r. 832-X-1-.04

New Rule: Filed January 26, 2011; effective March 2, 2011. Amended: Filed April 5, 2013; effective May 10, 2013. Amended: Filed February 24, 2014; effective March 31, 2014.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 02, November 30, 2022, eff. 1/14/2023.

Authors: Alabama Security Regulatory Board

Statutory Authority:Code of Ala. 1975, § 34-27C-3(a)(1).