463-8 Principal guards and guard agencies; qualifications for license. [Repeal and reenactment on July 1, 2016. L 2010, c 208, 8.] (a) The board may grant a principal guard license to any suitable individual, or a guard agency license to any suitable firm making written application therefor. The applicant, if an individual, or the principal guard of a firm shall:
Terms Used In Hawaii Revised Statutes 463-8
- Board: means the board of private detectives and guards described in section 463-2. See Hawaii Revised Statutes 463-1
- Conviction: A judgement of guilt against a criminal defendant.
- Firm: means a sole proprietor, corporation, joint venture, limited liability partnership, limited liability corporation, partnership, association, or any other legal business entity. See Hawaii Revised Statutes 463-1
- Guard agency: means a licensed firm engaged in the guard business. See Hawaii Revised Statutes 463-1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Principal guard: means a licensed guard designated as the guard agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees. See Hawaii Revised Statutes 463-1
(1) Be not less than eighteen years of age;
(2) Have had a high school education or its equivalent;
(3) Have had experience reasonably equivalent to at least four years of full-time guard work;
(4) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person’s performance in the profession;
(5) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the applicant to engage in the profession, unless the conviction has been annulled or expunged by court order; and
(6) Possess a history of honesty, truthfulness, financial integrity, and fair dealing.
A firm applying for a guard agency license shall have in its employ an individual who is licensed and registered as a guard pursuant to section 463-10.5 and who shall be designated as the principal guard for the firm, and shall provide a bond as required under section 463-12.
(b) A guard agency may employ as many agents, operatives, and assistants in a guard capacity and as necessary for the conduct of business; provided that the principal guard shall be held responsible for, and have direct management and control of, the agency and the agency’s employees while they are acting within the scope and purpose of the guard agency’s business. These employees shall:
(1) Have had a high school education or its equivalent;
(2) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person’s performance in the profession;
(3) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the employee to engage in the profession, unless the conviction has been annulled or expunged by court order; and
(4) Be registered with the board upon employment with the agency.
The employer, with the written authorization of the employee, shall conduct a criminal history records check, in accordance with section 463-10.5 and the rules of the board adopted pursuant thereto, of all new employees employed in a guard capacity directly through the Hawaii criminal justice data center upon certification to the board that the signature on the authorization is authentic.