TITLE 24

Professions and Occupations

CHAPTER 13. PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES


This chapter may be cited as the "Private Investigators and Private Security Agencies Act."

69 Del. Laws, c. 285, § 1.;

As used in this chapter, unless the context requires a different definition:

(1) "Armed" shall mean any private security guard or armored car guard who carries or has immediate access to a firearm in the performance of his or her duties.

(2) "Armored car agency" shall mean any person that provides armed secured transportation and protection from 1 place or point to another place or point of money, currency, coins, bullion, securities, bonds, jewelry, negotiables or other valuables in a specially-equipped motor vehicle.

(3) "Armored car guard" shall mean an individual employed by an armored car agency to perform duties as described under the definition of armored car agency.

(4) "Board" shall mean the Delaware Board of Examiners of Private Investigators and Private Security Agencies.

(5) "Commissioned security guard" shall mean an individual employed to:

a. Safeguard and protect persons or property; or

b. Deter theft, loss or concealment of any tangible or intangible personal property on the premises he or she is contracted to protect; and

c. Who carries or has access to a firearm in the performance of his or her duties as provided under authority of the Board.

(6) "Compliance agent" shall mean any individual employed by a private security agency, private investigative agency, or armored car agency within the State of Delaware who serves within a management capacity within the State, and who ensures compliance of the business with the requirements of this chapter.

(7) "Computer forensic specialist" shall mean an individual who interprets, evaluates, tests, or analyzes preexisting data from computers, computer systems, networks, or other electronic media, provided to them by another where that person owns, controls, or possesses said computer, computer systems, networks or electronic media through the use of highly specialized expertise in recovery, authentication and analysis of electronic data or computer usage. A computer forensic specialist shall not be classified or within the definition of a private investigator.

(8) "Department" shall mean the Department of Safety and Homeland Security.

(9) "Director" shall mean the officer in charge of the Professional Licensing Section of the Division of the Delaware State Police.

(10) "Division" shall mean the Division of the Delaware State Police.

(11) "Event security staff" shall mean any individual employed by a private security agency to primarily perform crowd management, patron screening and event security at sports or entertainment venues with a minimum spectator capacity of 5,000 people.

(12) "Firearm" shall hold the meaning as defined in § 222 of Title 11.

(13) "License" shall mean a method of regulation whereby businesses, sole proprietors, partnerships for a private security agency, private investigative agency, or armored car agency are required to be licensed by the Board.

(14) "Manager" shall mean in the case of a corporation, an officer or supervisor, or in the case of a partnership, a general or unlimited partner meeting the experience qualifications set forth in this chapter for a private security agency, private investigative agency or armored car agency.

(15) "Officer" shall mean the president, vice president, secretary, treasurer, comptroller, partner, owner or any other corporate title.

(16) "Person" shall mean an individual (sole proprietorship), firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity.

(17) "Private investigative agency" means any person who engages in the business or accepts employment to obtain or furnish information or to conduct investigations with reference to:

a. Crime or civil wrongs;

b. The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person;

c. The location, disposition or recovery of lost or stolen property;

d. The cause or responsibility for fires, libels, losses, accidents, damages or injuries to persons or to property;

e. The securing of evidence to be used before any court, board, officer, or investigating committee.

(18) "Private investigator" shall mean an individual employed by a private investigative agency (even as a sole proprietor) to perform 1 or more duties as described under the definition of "private investigative agency."

(19) "Private security agency" shall mean any person engaging in the business of or undertaking to provide a private watchperson, guard or street patrol service on a contractual basis for another person and performing any 1 or more of the following or similar functions:

a. Prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property;

b. Prevention, observation or detection of any unauthorized activity on private property;

c. Control, regulation or direction of the flow or movements of the public, whether by vehicle or otherwise, only to extent and for the time directly and specifically required to assure the protection of property; or

d. Supervises event security staff.

(20) "Private security guard" shall mean an individual employed by a private security agency to perform one or more duties as described under the definition of a private security agency.

(21) "Proprietary security" shall mean the in-house security department of any person, if the security department has as its general purpose the protection and security of its own property and grounds, and if it does not offer or provide security services to any other person.

(22) "Registration" shall mean a method of regulation whereby an individual employed by a private security agency, private investigative agency, or armored car agency as a security guard, private investigator or armored car guard is licensed and issued an identification card by the Professional Licensing Section.

(23) "Section" shall mean the Professional Licensing Section of the Delaware State Police.

(24) "Secretary" shall mean the Secretary of the Department of Safety and Homeland Security.

(25) "Superintendent" shall mean the Superintendent of the Division of the Delaware State Police or the appointed designee.

69 Del. Laws, c. 285, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 423, §§ 1-4; 77 Del. Laws, c. 457, § 1; 80 Del. Laws, c. 176, § 1; 81 Del. Laws, c. 99, § 1.;

(a) The Delaware Board of Examiners of Private Investigative, Private Security and Armored Car Agencies shall administer and enforce this chapter.

(b) The Board is composed of the following members:

(1) The Superintendent;

(2) The Attorney General;

(3) Three members of the public who are residents of the State;

(4) Two members who are:

a. Licensed under this chapter;

b. Engaged for a period of 3 consecutive years as the owner or operator of a private investigative agency;

(5) Two members who are: (i) licensed under this chapter; (ii) engaged for a period of 3 consecutive years as the owner or operator of a private security agency; or the owner or operator of an armored car agency.

(c) No person shall be eligible for appointment as a public member if the person or his or her spouse:

(1) Holds a license issued by a professional regulatory agency in the field of private security;

(2) Serves as an employee or within a management role at a business entity or other organization related to the field of private security, private investigative, or armored car agency;

(3) Holds a financial interest in a business entity or other organization related to the field of private security, private investigative, or armored car agency.

(d) No member of the Board may be an officer, employee or paid consultant of a trade association in the private security, private investigative or armored car industry. For the purpose of this section, "trade association" shall mean a nonprofit, cooperative, voluntarily joined association of business or professional competitors that is designed to assist its members and its industry or profession in dealing with mutual or professional problems in promoting their common interests.

(e) The Governor may suspend or remove a public member of the Board for failure to hold or maintain qualifications for appointment; failure to attend at least half of the regularly scheduled meetings held within a calendar year; and any misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty.

(f) The provisions of the State Employees', Officers' and Officials' Code of Conduct set forth in Chapter 58 of Title 29 apply to the members of the Board.

(g) Members serving by virtue of position may appoint a designee to serve in their stead and at their pleasure. All other members shall be appointed by the Governor for terms up to 3 years in order to continue a staggered basis so that no more than 3 members' terms shall expire in a year.

(h) Members not serving by virtue of position shall receive compensation at the rate of $50 per meeting attended; provided, however, no member shall receive compensation for the year in excess of $1500.

69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 347, § 1; 77 Del. Laws, c. 457, § 2; 81 Del. Laws, c. 99, § 2.;

(a) The Chair of the Board shall be the Superintendent.

(b) The Board shall hold regularly scheduled meetings at least 4 times in a calendar year, at other times the Chair considers necessary, or at the request of a majority of the Board.

(c) The Director shall designate an Executive Secretary who will be responsible for the performance of the regular administrative functions of the Board and other duties the Board may direct.

(d) A majority of the members of the Board constitutes a quorum for the purpose of transacting business; however, no disciplinary action may be taken without the affirmative vote of at least 5 members.

(e) The Board shall prepare information of interest to consumers or recipients of services regulated, under this chapter, describing the Board's procedures by which complaints are filed with and resolved by the Board. The Board shall make the information available to the general public and appropriate state agencies.

69 Del. Laws, c. 285, § 3; 81 Del. Laws, c. 99, § 3.;

(a) The Board shall determine the qualifications of security guards, private investigators, armored car guards, private security agencies, private investigative agencies, and armored car agencies.

(b) The Board shall promulgate all rules and regulations necessary in carrying out the provisions of this chapter.

(c) The Board shall investigate alleged violations of any provision of this chapter or rule or regulation promulgated thereunder.

(d) The Board may deny, suspend or revoke any application, registration or license.

(e) The Board may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of licensing any individual pursuant to this chapter.

69 Del. Laws, c. 285, § 3; 73 Del. Laws, c. 252, § 13; 75 Del. Laws, c. 372, § 2; 81 Del. Laws, c. 99, § 4.;

(a) The Section shall keep a register of all applications for security guards, private investigators, armored car guards, security guard agencies, private investigative agencies and armored car agencies, complete records relating to meetings of the Board, rosters, changes and additions to the Board's rules and regulations, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.

(b) The Section pursuant to approval of the Board shall:

(1) Adopt and, from time to time, revise such rules and regulations and standards not inconsistent with the law as may be necessary to enable it to carry into effect this chapter;

(2) Deny or withdraw approval from applicants for failure to meet approved application procedures and other criteria;

(3) Oversee renewal applications and appropriate fees;

(4) Coordinate hearings upon request for denial, suspension or revocation of a license or identification card;

(5) Have the power to issue subpoenas and compel the attendance of witnesses, and administer oaths to persons giving testimony at hearings;

(6) Have all the duties, powers and authority necessary to the enforcement of this chapter, as well as such other duties, powers and authority as it may be granted from time to time by the Board.

69 Del. Laws, c. 285, § 3; 81 Del. Laws, c. 99, § 5.;

(a)(1) The Director shall have the authority to investigate any violations of this chapter or any rules or regulations adopted by the Board. The Section shall be responsible for issuing a final written report at the conclusion of its investigation.

(2) The Board may issue subpoenas to compel the production of pertinent books, accounts, records and documents.

(b) The Director shall have the power to enter at all reasonable times upon any private or public property for the purposes of determining whether or not there is compliance with, or violations of this chapter, or rules and regulations adopted by the Board.

(c) Upon a finding of a violation pursuant to the investigation, the Board shall cause a copy of the complaint, together with a notice of the time and place fixed for a hearing, to be served upon the practitioner at least 30 days before the date fixed for the hearing. In cases where the practitioner cannot be located or where personal service cannot be effected, substitute service shall be effected in the same manner as with civil litigation.

(d)(1) The Board may administer oaths and require testimony and evidence be given under oath.

(2) No witness shall refuse to obey a subpoena issued by the Board. Upon refusal, the Board may petition Superior Court to schedule a hearing to compel the witness to comply with the subpoena.

(e) During the investigation or upon a finding of violation of the provisions of this chapter or rule or regulation, the Board may request the Attorney General to make application to the Court of Chancery for an order enjoining such acts or practices or for an order directing compliance, and upon a showing by the Board of such a violation, a permanent or temporary injunction, restraining order or other order may be granted.

69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 99, § 6.;

(a) The Director may, without notice or hearing, issue a suspension of a license or registration upon a finding that an emergency exists that requires immediate action to protect the health and safety of the public. Such suspension shall be effective immediately.

(b) Any person whose license has been suspended on an emergency basis, upon application to the Board, shall be afford a hearing within 30 days, but not more than 90 days. Upon the conclusion of the hearing, the suspension shall be continued, modified or revoked within 30 days of the hearing.

69 Del. Laws, c. 285, § 3; 76 Del. Laws, c. 245, §§ 4, 5; 76 Del. Laws, c. 246, §§ 1, 2; 81 Del. Laws, c. 99, § 7.;

(a) In the event of any change in the membership of the firm, or in the officers or directors of any association or corporation, or any change in the address of any office or location of such business, the Director shall be notified in writing of such change within 14 days thereafter. Failure to give such notification shall be sufficient cause for suspension or revocation of the license.

(b) Upon written application to the Director setting forth a proposed change in the location of any office or place of business of the licensee as set forth in the license, the Director may authorize a new location for any such office or place of business. In such case, the licensee shall produce to the Director the license and all copies thereof to the end that the Director may either endorse thereon such change of location or issue a new license as of the same date as the original license in lieu of the license so surrendered.

24 Del. C. 1953, § 1306; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 4; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 99, § 8.;

(a) Notification shall be made to the Section within 14 days after the change of address of any person licensed under this chapter.

(b) Any person licensed or issued an identification card under this chapter shall, excluding weekends and holidays, notify the Board within 5 days of any arrest which could result in a misdemeanor or felony conviction. Failure to report may result in the suspension or revocation of a license.

(c) Any person licensed under §§ 1318, 1319 and 1320 of this title shall report to the Board within 5 days of any instance of violation of this chapter or any rule or regulation by their employees licensed under this chapter.

(d) Any person licensed under §§ 1318, 1319 and 1320 of this title shall report to the Section a current address, telephone number and name of the employee managing the office. In the event there is not an office within the State, then the address, telephone number and name of the compliance agent for the business shall be reported. The compliance agent shall maintain all records including personnel for all agency business within the State and make them available to the Section upon demand within 48 hours.

69 Del. Laws, c. 285, §§ 3, 4; 81 Del. Laws, c. 99, § 9.;

Any person who applies for a license to own or operate a private investigations company, private security agency or armored car agency shall file with the Section a surety bond and certificate of liability insurance in the amount set forth by the Board.

69 Del. Laws, c. 285, § 4; 81 Del. Laws, c. 99, § 10.;

Any person may be charged an application fee as set forth by the Board. The fee shall not exceed $600 per year.

69 Del. Laws, c. 285, § 4; 70 Del. Laws, c. 591, § 1; 81 Del. Laws, c. 99, § 11.;

(a) No person shall act as a private investigator, private security guard or armored car guard or engage in the business of a private investigative agency, private security agency, or armored car agency without first obtaining a license or identification card from the Professional Licensing Section.

(b) No person shall be issued an identification card or license unless the individual and all officers submit to the State Bureau of Investigation their name, social security number, age, race, sex, date of birth, height, weight, hair and eye color, address of legal residence and the other such information as may be necessary to obtain a report of the person's entire state criminal record history and entire federal criminal history pursuant the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544.

69 Del. Laws, c. 285, § 4; 77 Del. Laws, c. 457, § 3; 80 Del. Laws, c. 176, § 2; 81 Del. Laws, c. 99, § 12.;

Anyone who wishes to be licensed, under this chapter, as a noncommissioned security guard, must meet and maintain the following requirements:

(1) Must be at least 18 years of age;

(2) Must not have been convicted of any felony;

(3) Must not have been convicted of any misdemeanor involving a theft-related offense, drug offense, or moral turpitude, within the last 7 years, and:

a. There are no more than 2 of such misdemeanors during such person's lifetime; and

b. No misdemeanor conviction occurred during or as a result of employment in a capacity regulated by this chapter.

(4) Must not have been, as a juvenile, adjudicated delinquent for conduct which, if committed by an adult would constitute a felony, unless and until that person has reached his or her twenty-first birthday;

(5) If served in the armed forces, must not have been dishonorably discharged;

(6) Must not be a member or employee of any law-enforcement organization, as defined by the Council of Police Training;

(7) Must meet and maintain the qualifications set and approved by the Board of Examiners.

69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 99, § 13.;

Anyone who wishes to be licensed as an armed security guard, under this chapter, must meet and maintain the same qualifications as a security guard and must be at least 21 years of age.

69 Del. Laws, c. 285, § 3; 81 Del. Laws, c. 99, § 14.;

Anyone who wishes to be licensed as a private investigator, under this chapter, must meet and maintain the same qualifications as a security guard under § 1314 of this title, and must also be at least 21 years of age.

69 Del. Laws, c. 285, § 3; 81 Del. Laws, c. 99, § 15.;

Anyone who wishes to be licensed as an armored car guard, under this chapter, must meet and maintain the same qualifications as a commissioned security guard under § 1315 of this title.

69 Del. Laws, c. 285, § 3; 81 Del. Laws, c. 99, § 16.;

An applicant applying for a license, to own and operate a private security agency, shall have the following qualifications:

(1) Must be at least 25 years of age;

(2) Must have at least 4 years of experience as a manager in a bona fide licensed security agency or must have at least 5 years' investigative experience or must have been a police officer for any local, state or federal agency or the equivalent thereof who has graduated from a certified law-enforcement academy;

(3) Must not have been convicted of any felony;

(4) Must not have been convicted of any misdemeanor involving a theft-related offense, drug offense, or moral turpitude within the last 7 years, and:

a. There are no more than 2 of such misdemeanors during such person's lifetime; and

b. No misdemeanor conviction occurred during or as a result of employment in a capacity regulated by this chapter;

(5) Meet and maintain the qualifications set and approved by the Board of Examiners.

69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 591, § 1; 81 Del. Laws, c. 99, § 17.;

An applicant applying for a license to own and operate a private investigative business, shall have the same qualifications as a private security agency license and must also have at least 5 years' investigative experience or must have been a police officer for any local, state or federal agency or the equivalent thereof who has graduated from a certified law-enforcement academy.

69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 591, § 1; 81 Del. Laws, c. 99, § 18.;

An applicant applying for a license, to own and operate an armored car guard agency, shall have the same qualifications of the private security agency license and must also:

(1) Have at least 4 years of experience as a manager in a bona fide armored car agency or 5 years as a police officer for any local, state or federal agency or the equivalent thereof who has graduated from a certified law-enforcement academy;

(2) Have been issued a license by the Banking Commissioner pursuant to § 3203 of Title 5.

69 Del. Laws, c. 285, § 3; 81 Del. Laws, c. 99, § 19.;

(a) It shall be unlawful for anyone licensed, under this chapter, to carry a concealed deadly weapon as defined in § 1442 of Title 11, unless they have been issued a concealed deadly weapons permit.

(b) It shall be unlawful for anyone licensed, under this chapter, to carry any type of weapon unless the Board has approved the use of such weapon and, if approved, the person has been trained in the use of such weapon, by a board-approved instructor.

(1) Private investigative, private security and armored car agencies shall be held responsible for monitoring all firearm certification or recertification for their employees for compliance with promulgated rules and regulations.

(2) Private investigative, private security and armored car agencies must provide the Professional Licensing Section with documentation that employees are compliant with firearm certification and recertification requirements of the Board.

(3) The Board may revoke the ability to carry a weapon if a registration holder or agency fails to comply with promulgated rules and regulations.

(c) It shall be unlawful for an individual, employed as a security guard, to carry a firearm during the course of performing their duties as a security guard, if they have not been issued a commissioned security guard license.

(d) It shall be unlawful for any person to hire or employ an individual or for any individual to accept employment, in the capacity of a security guard, to carry a firearm in the course and scope of employment duties unless the security guard has been issued a commissioned security guard license.

(e) It shall be unlawful for a commissioned security guard to carry a firearm unless:

(1) The security guard is engaged in the performance of duties as a security officer or is engaged in traveling directly to or from a place of assignment;

(2) The security guard is wearing a distinctive uniform indicating that the person is a security guard;

(3) Such uniform has a distinctive patch that indicates the company by whom the person is employed;

(4) The firearm is in plain view; and

(5) The firearm is the type of weapon that the commissioned security guard qualified with pursuant to this chapter.

24 Del. C. 1953, § 1318; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, §§ 3, 7; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 99, § 20.;

(a) Before any applicant shall exercise any rights under the license issued to the applicant, such license, or a certified copy thereof, shall be posted and at all times thereafter while the same is in force be displayed in a conspicuous place in the principal office and in each bureau, agency, subagency, office or branch office for which it is issued.

(b) No person holding any license issued by the Board under this chapter shall:

(1) Post or permit such license to be posted upon premises other than those described therein or to which it may be transferred pursuant to this chapter;

(2) Fail to maintain such license in a conspicuous place in such offices or places of business; or

(3) Knowingly alter, deface or destroy any such license or permit the alteration, defacement or destruction thereof.

24 Del. C. 1953, § 1309; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 5; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 99, § 21.;

(a) Any person to whom the Board issued a registration or license under this chapter shall surrender such registration or license and all duplicate copies which have expired, or been revoked, suspended or surrendered.

(b) Any person issued a registration or license by the Board that is lost or destroyed must inform the Section and at the discretion of the Director, a duplicate may be issued.

24 Del. C. 1953, § 1310; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 5; 81 Del. Laws, c. 99, § 22.;

Anyone required to be licensed under this chapter shall be issued, by the Board of Examiners, an identification card which shall expire and be renewable on the fifth anniversary date of the birth of the applicant next following the date of its issuance, unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every fifth year.

69 Del. Laws, c. 285, § 4; 73 Del. Laws, c. 369, § 1.;

Any person who has been issued an identification card by the Board of Examiners shall be required to have such card in their possession while in the performance of the person's duties.

69 Del. Laws, c. 285, § 4; 70 Del. Laws, c. 186, § 1.;

(a) For the purpose of identification of persons engaged in the conduct of a security guard or armored car guard, each such person shall carry and show when requested an identification card, which shall be issued by the Section. For the purpose of identification of employees of a private security agency or armored car agency, upon examination of employee's statement and fingerprint cards, the Section shall furnish an identification card.

(b) No person licensed under this chapter or the officers shall wear, carry or accept any badge or shield purporting to indicate that such person is a security guard, armored car guard or that such person performs any such service, or may, while in uniform and while on the premises of the employer of the licensee where the security guard or armored car guard is so acting, wear a badge or shield inscribed by the specifications set forth in the rules and regulations of the Board.

(c) No person licensed under this chapter shall issue identification cards to any person other than a bona fide employee or shall sell, issue, rent, loan or distribute badges or membership cards indicating that the holder thereof is a security guard, armored car guard or is engaged in the private security or armored car business to any person or persons other than those lawfully entitled to such identification cards.

(d) Any person to whom an identification card has been issued in accordance with this chapter, shall surrender the identification card to the Section:

(1) Upon termination of employment, unless for a security guard who transfers employment to another private security agency; or

(2) Upon suspension or revocation by the Board; or

(3) Upon emergency suspension by the Director.

(e) Identification cards approved by the Section shall expire and be renewable on the fifth anniversary of the date of birth of the applicant, next following the date of its issuance. If the date of birth is February 29, the identification card shall expire and be renewed on February 28 every fifth year, with the exception of the armored car identification cards which shall expire and be renewed every 2 years.

(f) The Section may refuse to renew an identification card for any grounds set forth in this chapter.

(g) A private investigative agency shall notify the Section within 10 days after the termination of employment or association of any identification card holder employed by the agency.

(h) Whoever violates this section shall be fined not more than $50.

24 Del. C. 1953, § 1314; 50 Del. Laws, c. 301, § 1; 63 Del. Laws, c. 47, §§ 10, 11; 65 Del. Laws, c. 376, § 4; 69 Del. Laws, c. 285, § 6; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 99, § 23.;

(a) The Board shall promulgate such rules and regulations, upon notice to the public in general, as the Board deems necessary to avoid advertising techniques, cards or other forms of publication which will mislead the public as to any matter that relates to law enforcement. The Board shall further have the authority to order any business to comply with these rules and regulations.

(b) Failure to comply with any order of the Board pursuant to subsection (a) of this section shall be cause for suspension or revocation of the license.

24 Del. C. 1953, § 1316; 50 Del. Laws, c. 301, § 1; 63 Del. Laws, c. 47, § 12; 69 Del. Laws, c. 285, § 6; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 99, § 24.;

All police agencies and law-enforcement officers of this State may carry out this chapter and enforce compliance therewith. Justices of the Peace Courts shall have jurisdiction over violations under this chapter.

24 Del. C. 1953, § 1319; 50 Del. Laws, c. 301, § 1; 63 Del. Laws, c. 47, § 14; 69 Del. Laws, c. 285, § 7; 81 Del. Laws, c. 99, § 25.;

(a) Grounds. — Subject to the provisions of this chapter, the Director pursuant to the authority of the Board may impose any of the following sanctions (subsection (b) of this section) singly or in combination when it finds a licensee or identification card holder is guilty of any offense described herein:

(1) Acting as a security guard, armored car guard or private investigator without an identification card; or

(2) Operating a private security agency, private investigative agency, or armored car agency without a license; or

(3) Failure to comply with firearms requirements pursuant to § 1321 of this title; or

(4) Obtaining criminal charges or convictions pursuant to § 1314, § 1315, § 1316, § 1317, § 1318, § 1319, or § 1320 of this title; or

(5) Failure to comply with inspection and subpoena requests pursuant to § 1307 of this title; or

(6) Failure to notify the Professional Licensing Section of any arrests; or

(7) Failure to keep identification card, badge or shield on your person while in the performance of your specific duties; or

(8) Failing to surrender a suspended or revoked license, or identification card; or

(9) Submitting false or fraudulent information material to any application for a license or identification card; or

(10) Failure to abide by the Board's firearms certification and recertification training requirements; or

(11) Using a firearms instructor that has not been approved by the Board; or

(12) Violating any provision of this chapter or any rule or regulation promulgated by the Board.

(b) Disciplinary sanctions.

(1) Permanently revoke a license, or identification card;

(2) Suspend a license or identification card;

(3) Issue a letter of reprimand;

(4) Refuse to issue a license, or identification card;

(5) Refuse to renew a license, or identification card;

(6) Issue an emergency suspension;

(7) Or otherwise discipline.

(c) Procedure.

(1) After receipt of written notice from the Section of the Director's denial, suspension, emergency suspension, or revocation of a license or identification card, the applicant or licensee shall be afforded a hearing before the Board.

(2) The accused may be represented by counsel who shall have the right of examination and cross examination.

(3) Testimony before the Board shall be under oath.

(4) A record of the hearing shall be made. At the request and expense of any party such record shall be transcribed with a copy to the other party.

(5) The decision of the Board shall be based upon sufficient legal evidence. If the charges are supported by such evidence, the Board may refuse to issue, or revoke or suspend a license or identification card, or otherwise discipline an individual. A suspended license or identification card may be reissued by Professional Licensing Section at the direction of the Board.

(d) All decisions of the Board shall be final and conclusive. Where the applicant, licensee or identification card holder is in disagreement with the action of the Board, the individual may appeal the Board's decision to the Secretary within 30 days of service or the postmarked date of the copy of the decision mailed to the individual. The appeal shall be on the record to the Secretary as provided in the Administrative Procedures Act, subchapter V of Chapter 101 of Title 29 (§ 10141 et seq. of Title 29).

24 Del. C. 1953, § 1302; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 372, § 1; 81 Del. Laws, c. 99, § 26; 81 Del. Laws, c. 425, §§ 11, 12.;

Whoever violates this chapter, except where another penalty is provided, shall be guilty of a misdemeanor and, if convicted, may be fined a civil or administrative penalty of not more than $10,000.

(1) Assessment of a civil or administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation, or violations, ability of the violator to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation and such other matters as justice requires.

(2) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Board in any court of competent jurisdiction, including any Justice of the Peace Court, for collection of the administrative penalty, including interest, attorneys' fees and costs and the validity and appropriateness of such administrative penalty shall not be subject to review.

69 Del. Laws, c. 285, § 3; 73 Del. Laws, c. 252, § 13; 75 Del. Laws, c. 372, § 2; 81 Del. Laws, c. 99, § 27.;

Repealed by 81 Del. Laws, c. 99, § 28, eff. July 21, 2017.;

Repealed by 81 Del. Laws, c. 99, § 28, eff. July 21, 2017.;

Repealed by 81 Del. Laws, c. 99, § 28, eff. July 21, 2017.;

Repealed by 81 Del. Laws, c. 99, § 28, eff. July 21, 2017.;

Repealed by 81 Del. Laws, c. 99, § 28, eff. July 21, 2017.;

Repealed by 81 Del. Laws, c. 99, § 28, eff. July 21, 2017.;

Repealed by 81 Del. Laws, c. 99, § 28, eff. July 21, 2017.;

Repealed by 81 Del. Laws, c. 99, § 28, eff. July 21, 2017.;

Repealed by 81 Del. Laws, c. 99, § 28, eff. July 21, 2017.;

Repealed by 81 Del. Laws, c. 99, § 28, eff. July 21, 2017.;

Repealed by 81 Del. Laws, c. 99, § 28, eff. July 21, 2017.;