Haw. Code R. § 16-97-7 - Responsible and subordinate principals for agency license

Current through February, 2022

(a) No license shall be issued to an agency unless the business thereof and the agency's employees are under the direct management and control of a principal guard or principal detective who has been issued a license.
(b) An agency may have in its employ more than one principal; provided that the agency shall designate a responsible principal who shall be primarily responsible for the direct management of the detective or guard agency business and who shall be:
(1) In a position to secure full compliance with the laws governing private detectives or guards, including but not limited to chapter 463, HRS, and this chapter;
(2) Familiar with all contracts the detective or guard agency enters into, sees that all contracts provisions are carried out, and signs or initials all contracts;
(3) Familiar with all projects or services the detective or guard agency undertakes and sees that records are kept on the projects or services, including but not limited to the amount of time spent by employees and payroll records on each project or service;
(4) Responsible for the acts of employees while the employees are acting within the scope and purpose of the detective or guard agency's business;
(5) Responsible for conducting pre employment and periodic post hire employment criminal history record checks of county, state, and federal agencies to insure that the detective or guard agency does not employ, or continue to employ, any person who has been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the person to engage in the profession unless there has been an order annulling or expunging that convicted person's sentence;
(6) Responsible for insuring that the detective or guard agency does not employ, or continue to employ, any person who is suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;
(7) Responsible for the mandatory documentation of and the training of detective and guard employees. The principal shall insure that records of the names of employees, dates of training, and subject matter be kept on file indefinitely for all current employees, and at least two years from the date of separation for all former employees. The training shall include but not be limited to the following:
(A) For detective employees: case investigation and documentation, laws and rules, ethics, privacy issues, review of criminal and civil history records, interview techniques, collection and handling of evidence, court testimony, use of force options (chapter 703, HRS), CPR/first aid, and surveillance techniques and activities.
(B) For guard employees: laws and rules, fire procedures, evacuation procedures, arrest and evidence procedures, patrol techniques, incident investigation, incident documentation, court testimony, screening of individuals entering the premise, and use of force options (chapter 703, HRS).
(8) Responsible for immediately informing the chief of police of the appropriate county of any conviction that would make it illegal under state or federal law to possess a firearm and ammunition for those employees who have written authorization from the chief of police to use a firearm; and
(9) Fully responsible for the direct management and control of the detective or guard agency and the agency's employees when detective or guard services are being provided.
(c) Other principals employed but not designated by the firm as the responsible principal shall be referred to as subordinate principals and shall be responsible for specified activities related to the license held by the subordinate principal.
(d) A principal shall not be considered a detective or guard agency, and shall be considered to be engaging in unlicensed activity if the principal enters into a contract on behalf of any entity other than the detective or guard agency that employs the principal.

Notes

Haw. Code R. § 16-97-7
[Eff 3/9/64; am 3/9/72; am and ren § 16-97-7, 7/30/81; am and comp 2/18/86; comp 8/25/88; comp 10/23/00; am and comp 3/14/11] (Auth: HRS § 463-3) (Imp: HRS §§ 463-5, 463-6, 463-7, 463-8)

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