Okla. Stat. tit. 59, § 59-1750.5v1

- Identification cards - Conditional license - Qualifications for

issuance - Agency license - Insurance coverage.

A. Licenses authorized to be issued by the Council on Law

Enforcement Education and Training (CLEET) shall be as follows:

1. Security Agency License;

2. Investigative Agency License;

3. Private Investigator License (unarmed);

4. Security Guard License (unarmed);

5. Armed Security Guard License;

6. Special Event License (unarmed);

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7. Armed Private Investigator License;

8. Bail Enforcer License; and

9. Armed Bail Enforcer License.

B. Any qualified applicant meeting the requirements for more

than one of the positions of private investigator, security guard,

armed security guard, bail enforcer, or armed bail enforcer may be

issued a separate license for each position for which qualified, or

in the discretion of the Council, a combination license provided the

required license fees are paid.

C. 1. A private investigator may carry a firearm, if the

private investigator also performs the functions of an armed

security guard, under the authority of the armed security guard

license.

2. If the private investigator performs no functions of an

armed security guard, the Council may issue an armed private

investigator license. If a person has been issued an armed private

investigator license, the Council may issue an armed bail enforcer

license if the applicant is otherwise eligible and qualified. The

applicant for an armed private investigator license must complete

Phase I, III and IV training and pass the psychological examination

and state test; provided however, active certified peace officers

and retired certified peace officers shall be exempt from the

psychological examination as provided in Section 1750.3A of this

title, and active certified peace officers of any state, county or

municipal law enforcement agency in this state shall be exempt from

the Phase I, III and IV training and state test for an armed private

investigator. The Council will charge the same fee for the armed

private investigators license as the cost of the armed security

guard license; provided however, an active certified peace officer

who is an applicant for an armed private investigator or armed

security guard license shall be charged only twenty percent (20%) of

the required fee.

3. Any person issued an armed private investigator license may

carry a concealed or unconcealed firearm when on and off duty,

provided the person is in possession of a valid driver license and a

valid armed private investigator license.

4. Any person issued an armed bail enforcer license may carry a

concealed approved pistol, or may open-carry an approved pistol with

a visible bail enforcer badge affixed to the holster or belt

immediately next to the firearm while wearing clearly marked apparel

designating the person as a "Bail Enforcer" or "Bail Enforcement"

when actively engaged in the recovery of a defendant, subject to all

rules for use and conduct of firearms promulgated by the Council.

An armed bail enforcer shall be permitted to carry a concealed

pistol when not actively engaged in the recovery of a defendant

provided the bail enforcer badge authorized or issued by CLEET and a

Oklahoma Statutes - Title 59. Professions and Occupations Page 1260

state-issued driver license or identification card are in the

possession of the person while carrying the firearm.

D. Any identification card or badge issued to a person meeting

the license requirements for an armed security guard, an armed

private investigator or armed bail enforcer shall be distinct and

shall explicitly state that the person is authorized to carry a

firearm pursuant to the provisions of the Oklahoma Security Guard

and Private Investigator Act or the Bail Enforcement and Licensing

Act. Upon receipt of the license and identification card, the armed
the license requirements for an armed security guard, an armed

private investigator or armed bail enforcer shall be distinct and

shall explicitly state that the person is authorized to carry a

firearm pursuant to the provisions of the Oklahoma Security Guard

and Private Investigator Act or the Bail Enforcement and Licensing

Act. Upon receipt of the license and identification card, the armed

security guard, armed private investigator or armed bail enforcer is

authorized to carry a firearm subject to the respective provisions

of the Oklahoma Security Guard and Private Investigator Act or the

Bail Enforcement and Licensing Act and the rules promulgated by the

Council.

E. The Council may issue a conditional license to a person

employed by a security or investigative agency under the conditions

set forth in this subsection, this statute and procedures and/or

rules established by CLEET. A conditional training license may be

issued to a trainee for an unarmed security guard or unarmed private

investigator position, or armed private investigator position when

the person has submitted a properly completed application, made

under oath, subject to the conditions set forth below. The Council

may also issue a conditional license pending background

investigation for an unarmed security guard, armed security guard,

unarmed private investigator position or armed private investigator

position when the person has submitted a properly completed

application, made under oath, including all required documentation

pending the completed Federal Bureau of Investigation fingerprint

check subject to the conditions set forth below, in this statute and

procedures established by CLEET.

1. A conditional license, either for training or pending

background investigation, shall authorize employees to perform the

same functions that regular unarmed licensees perform, but subject

to supervision by the employing agency as the Council may prescribe;

2. The holder of a conditional training license shall complete

the necessary training requirements within one hundred eighty (180)

days from the effective date of the conditional license, after which

the conditional license shall expire;

3. A holder of any type of conditional license as an armed

security guard or armed private investigator shall not carry a

firearm in the performance of duties until after completing the

required course of training including firearms training as

prescribed by the Council, the completion of the required background

check and application process illustrating that the applicant meets

all requirements for the requested license, and having been issued a

regular license by the Council;

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4. A conditional license may be renewed at the discretion of

the Council, if necessary to allow an applicant to complete any

training required for a regular license;

5. A conditional license, whether for training or pending

background investigation may be denied, suspended or withdrawn at

the discretion of CLEET. Notwithstanding any other provisions of

law, a conditional license is not an individual proceeding and is

not subject to the Administrative Procedure Act, as provided for in

Section 250 et seq. of Title 75 of the Oklahoma Statutes. CLEET may

deny, suspend or withdraw a conditional license by mailing, by

United States Postal Service mail, a letter of withdrawal to the

applicant's address on file with CLEET and to the employing agency;

6. Whenever a conditional license is issued by CLEET, the

license or documentation provided to the conditional licensee shall

prominently state "CONDITIONAL LICENSE" and "HOLDER IS NOT PERMITTED

TO CARRY A FIREARM";

7. When the Council finds that a conditional license holder has

completed the required training and is otherwise qualified for a

license pursuant to the provisions of the Oklahoma Security Guard
nditional license is issued by CLEET, the

license or documentation provided to the conditional licensee shall

prominently state "CONDITIONAL LICENSE" and "HOLDER IS NOT PERMITTED

TO CARRY A FIREARM";

7. When the Council finds that a conditional license holder has

completed the required training and is otherwise qualified for a

license pursuant to the provisions of the Oklahoma Security Guard

and Private Investigator Act, the Council shall issue a regular

license; and

8. The Council shall be prohibited from issuing a conditional

license to a bail enforcer under the Bail Enforcement and Licensing

Act.

F. A Security Agency License may be issued to an individual,

corporation, or other legal entity meeting the following

qualifications:

1. If the license is to be issued in the name of a legal entity

other than a natural person, the applicant must furnish proof that

the entity is legally recognized, such as the issuance of a

corporate charter; and

2. The executive officer, manager, or other person in charge of

supervising security guards in the performance of their duties shall

be a licensed security guard.

G. An Investigative Agency License may be issued to an

individual, corporation, or other legal entity meeting the following

qualifications:

1. If the license is to be issued in the name of a legal entity

other than a natural person, the applicant must furnish proof that

the entity is legally recognized, such as the issuance of a

corporate charter;

2. Any person, otherwise qualified, may own a private

investigation agency; and

3. A self-employed private investigator who employs no other

investigators shall also be licensed as an investigative agency, but

shall only be required to be insured or bonded as a self-employed

private investigator.

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H. A Security Guard License, Armed Security Guard License,

Private Investigator License, Armed Private Investigator License, or

combination thereof may be issued to an applicant meeting the

following qualifications. The applicant shall:

1. Be a citizen of the United States or an alien legally

residing in the United States;

2. Be at least eighteen (18) years of age, except that an

applicant for an Armed Security Guard License or Armed Private

Investigator License shall be at least twenty-one (21) years of age;

3. Have successfully completed training requirements for the

license applied for, as prescribed by the Council;

4. Be of good moral character;

5. Not have a record of a felony conviction, entry of a plea of

guilty, nolo contendere, an "Alford" plea, or any plea other than a

not guilty plea in a felony case naming the applicant as a

defendant;

6. Not have a record of conviction, entry of a plea of guilty,

nolo contendere, an "Alford" plea, or any plea other than a not

guilty plea for larceny, theft, false pretense, fraud, embezzlement,

false personation of an officer, any offense involving moral

turpitude, any offense involving a minor as a victim, any

nonconsensual sex offense, any offense involving the possession,

use, distribution, or sale of a controlled dangerous substance, any

offense involving a firearm, or any other offense as prescribed by

the Council, as provided herein.

a. If any conviction, entry of a plea of guilty, nolo

contendere, an "Alford" plea, or any plea other than a

not guilty plea which disqualifies an applicant

occurred more than five (5) years prior to the

application date and the Council is convinced the

offense constituted an isolated incident and the

applicant has been rehabilitated, the Council may, in

its discretion, waive the disqualification as provided

for in this paragraph and issue an unarmed security

guard license or an unarmed private investigator

license, but shall not issue an armed guard license or

an armed private investigator license to the applicant

if the charge involved the use of a firearm or was
lated incident and the

applicant has been rehabilitated, the Council may, in

its discretion, waive the disqualification as provided

for in this paragraph and issue an unarmed security

guard license or an unarmed private investigator

license, but shall not issue an armed guard license or

an armed private investigator license to the applicant

if the charge involved the use of a firearm or was

violent in nature or if the applicant has a felony

conviction.

b. If an Oklahoma State Bureau of Investigation records

check and a local records check reveal that there are

no felony convictions, criminal convictions involving

moral turpitude, or any other potential disqualifiers

as specified in the Oklahoma Security Guard and

Private Investigator Act or prescribed by the Council,

then the Council may conditionally issue a security

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guard license or private investigator license pending

completion of the criminal history and background

check.

c. Under oath, the applicant shall certify that he or she

has no disqualifying convictions, entry of a plea of

guilty, nolo contendere, an "Alford" plea, or any plea

other than a not guilty plea for a disqualifying

charge as specified in the Oklahoma Security Guard and

Private Investigator Act or by the Council.

d. The applicant shall further meet all other

qualifications.

e. If upon completion of the required background

investigation it is discovered that a disqualifying

conviction, entry of a plea of guilty, nolo

contendere, an "Alford" plea or any plea other than a

not guilty plea for a disqualifying charge exists, the

Council shall immediately revoke the security guard

license or the private investigator license of the

applicant or withdraw the conditional license of the

applicant;

7. Make a statement that the applicant is not currently

undergoing treatment for a mental illness, condition, or disorder,

make a statement whether the applicant has ever been adjudicated

incompetent or committed to a mental institution, and make a

statement regarding any history of illegal drug use or alcohol

abuse. Upon presentation by the Council on Law Enforcement

Education and Training of the name, gender, date of birth, and

address of the applicant to the Department of Mental Health and

Substance Abuse Services, the Department of Mental Health and

Substance Abuse Services shall notify the Council within ten (10)

days whether the computerized records of the Department indicate the

applicant has ever been involuntarily committed to an Oklahoma state

mental institution. In the event that the Department of Mental

Health and Substance Abuse Services reports to the Council that the

applicant has been involuntarily committed, the Council shall

immediately inform the employing agency. For purposes of this

subsection, "currently undergoing treatment for a mental illness,

condition, or disorder" means the person has been diagnosed by a

licensed physician or psychologist as being afflicted with a

substantial disorder of thought, mood, perception, psychological

orientation, or memory that significantly impairs judgment,

behavior, capacity to recognize reality, or ability to meet the

ordinary demands of life and such condition continues to exist;

8. Make a statement regarding misdemeanor domestic violence

charges;

9. Not be a defendant in a disqualifying charge that is pending

in any court in this state, another state, tribal court or pursuant

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to the United States Code. For the purposes of this section,

"pending" includes currently being subject to a deferred sentence;

and

10. Not be the subject of an order deferring imposition of

judgment and sentence in any court in this state, another state,

tribal court or pursuant to the United States Code for a

disqualifying charge.
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to the United States Code. For the purposes of this section,

"pending" includes currently being subject to a deferred sentence;

and

10. Not be the subject of an order deferring imposition of

judgment and sentence in any court in this state, another state,

tribal court or pursuant to the United States Code for a

disqualifying charge.

I. A special event license may be issued to an employee of a

security agency who is hired on a temporary basis as an unarmed

security guard for a particular event. An application for a special

event license shall be made by the agency employing the applicant.

The agency shall certify to the Council that the applicant meets the

qualifications for security guards, pursuant to subsection H of this

section.

J. 1. All persons and agencies shall obtain and maintain

liability coverage in accordance with the following minimum

standards:

a. general liability insurance coverage for bodily

injury, personal injury, and property damage, with

endorsements for personal injury including false

arrest, libel, slander, and invasion of privacy, or

b. a surety bond that allows persons to recover for

actionable injuries, loss, or damage as a result of

the willful, or wrongful acts or omissions of the

principal and protects this state, its agents,

officers and employees from judgments against the

principal or insured licensee, and is further

conditioned upon the faithful and honest conduct of

the principal's business.

2. Liability coverages and bonds outlined in this section shall

be in the minimum amounts of One Hundred Thousand Dollars

($100,000.00) for agencies, Ten Thousand Dollars ($10,000.00) for

armed security guards and armed private investigators, or

combination armed license; and Five Thousand Dollars ($5,000.00) for

unarmed security guards and self-employed unarmed private

investigators who employ no other investigators.

3. Security agencies and investigative agencies shall ensure

that all employees of these agencies have met the minimum liability

coverages as prescribed in this section.

4. Insurance policies and bonds issued pursuant to this section

shall not be modified or canceled unless ten (10) days' prior

written notice is given to the Council. All persons and agencies

insured or bonded pursuant to this section shall be insured or

bonded by an insurance carrier or a surety company licensed in the

state in which the insurance or bond was purchased, or in this

state.

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5. In lieu of the requirements of this subsection, the Council

may accept a written statement from a corporation which is

registered with the Oklahoma Secretary of State attesting that the

corporation self-insures the general operation of business for the

types of liability set out in paragraphs 1 and 2 of this subsection.

K. Upon written notice, any license may be placed on inactive

status.

L. Similar or duplicate agency names will not be issued. Each

agency name must be distinguishably different.