Utah Admin. Code R156-63a-102 - Definitions
In addition to the definitions in Title 58, Chapters 1 and 63, as used in Title 58, Chapters 1 and 63 or this rule:
(1) "Approved basic education and training
program" means a basic education and training program that:
(a) meets the standards and is approved by
the Division as set forth in Section
R156-63a-602; and
(b) has the content required by Section
R156-63a-603.
(2) "Approved basic firearms
training program" means a firearms education and training program that:
(a) meets the standards and is approved by
the Division as set forth in Section
R156-63a-602; and
(b) has the content required by Section
R156-63a-604.
(3) "Authorized emergency vehicle"
is as defined in Subsection
41-6a-102(3).
(4) "Contract security company" includes a
peace officer who engages in providing security or guard services when acting
in a capacity other than as an employee of the law enforcement agency by whom
the peace officer is employed.
(5)
"Contract security company" does not include a company which hires as
employees, individuals to provide security or guard services for the purpose of
protecting tangible personal property, real property, or the life and
well-being of personnel employed by, or animals owned by or under the
responsibility of that company, as long as the security or guard services
provided by the company do not benefit any person other than the employing
company.
(6) "Compensated", as used
in Subsection
58-63-302(1)
(c)(viii)(A), means remuneration in the form
of W-2 wages unless the qualifying agent is an owner of a contract security or
armored car company, in which case "compensated" means the owner's profit
distributions or dividends.
(7)
"Conviction" means criminal conduct where the filing of a criminal charge has
resulted in:
(a) a finding of guilt based on
evidence presented to a judge or jury;
(b) a guilty plea;
(c) a plea of nolo contendere;
(d) a plea of guilty or nolo contendere which
is held in abeyance pending the successful completion of probation;
(e) a pending diversion agreement;
or
(f) a conviction which has been
reduced pursuant to Section
76-3-402.
(8) "Corporate officer" as defined in
Subsection
58-63-102(9),
includes an individual who is on file with the Division of Corporations and
Commercial Code as a limited liability company's company officer or "governing
person" as defined in Subsection
48-3a-102(7), or
as a limited partnership's "general partner" as defmed in Subsection
48-2e-102(8).
(9) "Employee" means an individual providing
services in the security guard industry for compensation, when the amount of
compensation is based directly upon the security guard services provided and
upon which the employer is required under law to withhold federal and state
taxes, and for whom the employer is required under law to provide worker's
compensation insurance coverage and pay unemployment insurance.
(10) "Instructor" means a person who directly
facilitates learning through means of live in-class lecture, group
participation, practical exercise, or other means, who has fulfilled the
instructor experience and training requirements set forth in Section
R156-63a-602.
(11) "Qualified continuing education" means
continuing education that meets the standards set forth in Subsection
R156-63a-304.
(12) "Qualifying agent" means a natural
person who meets all of the requirements set forth in Subsection
58-63-302(1)
(c).
(13) "Soft uniform" means a business suit or
a polo-type shirt with appropriate slacks. The coat or shirt has an embroidered
badge or contract security company logo that clips on to or is placed over the
front pocket.
(14) "Supervision"
means general supervision as defined in Subsection
R156-1-102a(4)(c).
(15) "Trainer" has the same
meaning as "instructor".
(16)
"Unprofessional conduct," as defined in Title 58, Chapters 1 and 63, is further
defined, in accordance with Subsection
58-1-203(1)(e),
in Section R156-63a-502.
Notes
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