DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

CORPORATIONS, SECURITIES, AND COMMERCIAL LICENSING BUREAU

PRIVATE SECURITY GUARD AND SECURITY ALARM AGENCIES

GENERAL RULES

Filed with the secretary of state on

These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By authority conferred upon the department of licensing and regulatory affairs by sections 27 and 29 of the private security business and security alarm act, 1968 PA 330, MCL 338.1077 and 338.1079, and Executive Reorganization Order Nos. 2003-1, 2008-4, and 2011-4, MCL 445.2011, 445.2025, and 445.2030)

R 28.4001, R 28.4002, R 28.4003, R 28.4004, R 28.4005, and R 28.4006 of the Michigan Administrative Code are added, as follows:

R 28.4001  Definitions; prohibited words in agency names.

 Rule 1. (1) As used in these rules:

   (a) “Act” means the private security business and security alarm act, 1968 PA 330, MCL 338.1051 to 338.1092.

   (b) “Employee” means an individual who works for an employer, is listed on the employer’s payroll records and roster, is under the employer’s direction and control, and meets the requirements of sections 6, 10, and 17 of the act, MCL 338.1056, 338.1060, and 338.1067.

   (c) “Employer” means a person who is licensed pursuant to the act, employs an individual for wages or salary, lists the individual on the employer’s payroll records and roster, and withholds all legally required deductions and contributions.

   (d) “Qualifying officer” means the individual who is the principal license holder that officially represents a security alarm system contractor or private security guard agency in obtaining a license and meets the requirements of sections 6 and 10 of the act, MCL 338.1056 and 338.1060.

R 28.4002  Uniforms.

 Rule 2. An employee engaging in the security business of a licensed agency as that term is described in section 2 of the act, MCL 338.1052, shall wear a uniform. The uniform must display the name of the employee and have the designated patches and emblems of the agency. The patches and emblems must be visible on the employee’s outermost article of clothing.

R 28.4003  Badges.

 Rule 3. A badge must not be star-shaped and it must not resemble a law-enforcement personnel badge that could deceive or confuse the public.

R 28.4004  Prohibited words in agency names; names and emblems in advertising.

 Rule 4.   (1) The following words or terms in an agency name shall not be approved by the department:

   (a) "Police," "sheriff," "deputy," "peace officer," "officer," or "marshal."

   (b) "Michigan," "United States," "U.S." or any other term that could be confused with a federal, state, or local governmental entity, or the name of a specific city, village, township, or county. However, an owner may use their own name that is similar to the name of a city, village, township or county if the owner’s business is remote from the city, village, township, or county with a similar name.

   (c) "Homeland," "homeland security, "or "national security."

  (2) An agency shall not solicit or advertise for business with any name other than the name under which it is licensed. This includes letterheads, vehicles, and similar materials.

  (3) An agency shall not display on a vehicle or uniform any shield, star, or other emblem that would be likely to deceive or confuse the public or be identical with an emblem of any law enforcement agency.

R 28.4005  Daily supervision of business.

 Rule 5.  The qualifying officer for the agency shall be responsible for the daily operation and supervision of the agency. The qualifying officer shall maintain regular hours at the security business agency licensed with the department.

R 28.4006  Employer and employee responsibilities.

 Rule 6. (1) A security guard agency employer shall comply with all applicable employment laws established at the federal, state, and local government levels, including section 24 of the act, MCL 338.1074.

  (2) An employer shall conduct an annual multijurisdictional criminal background check of employees to meet the requirements of section 10 of the act, MCL 338.1060.

  (3) The agency shall retain personnel files, including, but not limited to, the criminal background checks required in subrule (2) of this rule, for no less than 1 year following the last day of employment of an employee.

  (4)  An employee hired by and listed on the roster of a licensed agency must wear the uniform of that agency while engaging in the work of a security alarm system contractor, private security guard, or in the conduct of business required by the agency.

  (5) In order for an individual to engage in services that require licensure under the act, the individual shall be an employee of the licensed agency for which the individual is providing services.