Delaware Code Title 24 Sec. 1303 – Board of Examiners of Private Investigative, Private Security and …
(a) The Delaware Board of Examiners of Private Investigative, Private Security and Armored Car Agencies shall administer and enforce this chapter.
Terms Used In Delaware Code Title 24 Sec. 1303
- 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. See Delaware Code Title 24 Sec. 1302
- Board: shall mean the Delaware Board of Examiners of Private Investigators and Private Security Agencies. See Delaware Code Title 24 Sec. 1302
- 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. See Delaware Code Title 24 Sec. 1302
- Officer: shall mean the president, vice president, secretary, treasurer, comptroller, partner, owner or any other corporate title. See Delaware Code Title 24 Sec. 1302
- Person: shall mean an individual (sole proprietorship), firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity. See Delaware Code Title 24 Sec. 1302
- 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:
- 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:
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Superintendent: shall mean the Superintendent of the Division of the Delaware State Police or the appointed designee. See Delaware Code Title 24 Sec. 1302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(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;