§ 40-18-130 — Denial, suspension, revocation, or refusal to renew license or registration; grounds; appeals; civil penalties.

(A) SLED may deny, suspend, revoke, or refuse to renew a license or registration under this chapter upon finding that the applicant, licensee, or registered individual has: (1) made a false statement or given false information in connection with an application for or renewal or reinstatement of a license or registration; (2) made a false statement or given false information in connection with activities conducted pursuant to a license or registration issued under this chapter; (3) violated any provision of this chapter; (4) violated a regulation promulgated by SLED; (5) violated a permit restriction; (6) failed to cooperate with law enforcement agencies in the prosecution of a person arrested by a security officer on property where the security officer was working; (7) been convicted of or plead guilty to a crime since becoming licensed or registered, or been charged with a crime which would, upon conviction, disqualify the person for licensing or registration; (8) impersonated, permitted, or aided and abetted a person to impersonate a law enforcement officer or employee of the United States, this State or its political subdivision, or a municipal corporation since becoming licensed or registered; (9) engaged in or permitted an employee to engage in the private investigation business or private security business in violation of the provisions of this chapter; (10) willfully failed to render a client service as described in a written contract; (11) knowingly violated or advised, encouraged, or assisted the violation of a court order or injunction in the course of business; (12) committed an act which is a ground for denial of an application for license or registration under this chapter; (13) given legal advice or falsely represented himself as an attorney or the agent of an attorney; (14) issued, delivered, or uttered a simulation of process which might have led a person to believe that the simulation was a summons, warrant, writ, court process, or a pleading in a court proceeding; (15) willfully obstructed an official investigation by a law enforcement officer; or (16) harassed or threatened a client or witness to prevent him from providing evidence in a legal proceeding or investigation. (B) For violations of this chapter or any regulation pertaining to this chapter, SLED may, in its discretion, impose a civil monetary penalty upon the holder of a license or registration certificate in lieu of suspension or revocation. Security company and private investigator company licensees are subject to a monetary penalty of not less than twenty-five dollars nor more than one thousand dollars for each offense. Registered security officers and registered private investigators are subject to a penalty of not less than twenty-five dollars nor more than five hundred dollars for each offense. SLED may, in its discretion, accept an offer in compromise or suspend payment of a fine or a monetary penalty imposed under this section. (C) The decision to deny, suspend, revoke, or refuse to renew a license or registration must be in writing, signed by the Chief of SLED or his designee, and must state the grounds upon which the decision is based. The licensee or registered individual may, within thirty days after receipt of the decision, appeal the decision to the Administrative Law Court. (D) If a monetary penalty imposed pursuant to this section is not paid or a hearing is not requested within thirty days of receipt of SLED's decision, SLED must revoke the license or registration certificate. (E) A person must promptly surrender a license or registration certificate suspended or revoked under the provisions of this chapter. (F) Pending suspension or revocation, no partner or person with a financial interest in the business may be issued a license for the business. No partner or person with a financial interest may be issued a license for the business for a period of one year after the date of suspension or revocation. (G) A person whose license or registration certificate has been suspended or revoked is not eligible to receive a new license or registration for another location or business during the period of suspension or revocation. (H) Notwithstanding any other provision of law, penalties paid pursuant to this section must be retained, expended, and carried forward by SLED to be applied to costs associated with regulation of the private security and private investigator businesses in this State.

Legislative History

HISTORY: 2000 Act No. 372, SECTION 1.