PRINTER'S NO. 981
No. 863 Session of 1989
INTRODUCED BY WAMBACH, D. R. WRIGHT, J. L. WRIGHT, CIVERA, COY,
VEON, PISTELLA, RYBAK, HERSHEY, YANDRISEVITS, MORRIS, BUSH,
MRKONIC, FOX, MARSICO, KUKOVICH, PRESSMANN, BOYES, ROBINSON,
DALEY, BELARDI, STABACK, BILLOW, COLAIZZO, HERMAN, MELIO,
GIGLIOTTI, McHALE, LAUGHLIN, OLASZ, TRELLO, E. Z. TAYLOR,
STEIGHNER, VAN HORNE, NAHILL, SAURMAN, RITTER, McCALL, WOGAN,
JADLOWIEC, LEH, BARLEY, HOWLETT, KASUNIC, PETRONE, FREEMAN,
DeLUCA, BELFANTI, B. D. CLARK, DeWEESE, MICHLOVIC, RICHARDSON
AND J. H. CLARK, APRIL 3, 1989
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 3, 1989
AN ACT
1 Amending Title 22 (Detectives and Private Police) of the
2 Pennsylvania Consolidated Statutes, adding provisions
3 relating to alarm businesses.
4 TABLE OF CONTENTS
5 PART IV. ALARM BUSINESSES
6 Chapter 41. Preliminary Provisions
7 § 4101. Definitions.
8 § 4102. Preemption of local regulation.
9 Chapter 43. Alarm Services Board
10 § 4301. Alarm Services Board.
11 § 4302. Powers and duties of board.
12 § 4303. Proceedings of board.
13 § 4304. Records.
14 § 4305. Fees.
15 Chapter 45. Licenses
1 Subchapter A. Alarm Businesses
2 § 4501. Requirement of alarm business license.
3 § 4502. Application for alarm business license.
4 § 4503. Full-time employees.
5 § 4504. Investigation of applicant.
6 § 4505. Alarm business license.
7 § 4506. Transfer of alarm business license to another location.
8 § 4507. Change in management of licensee.
9 § 4508. Renewal of alarm business license.
10 § 4509. Revocation of alarm business license.
11 § 4510. Responsibility for employees.
12 § 4511. Reporting of multiple licensure.
13 Subchapter B. Alarm Agents
14 § 4521. Requirement of alarm agent license.
15 § 4522. Disqualification for licensure from criminal activity.
16 § 4523. Conflict of interest.
17 § 4524. Application for alarm agent license.
18 § 4525. Alarm agent license.
19 § 4526. Reporting of multiple licensure.
20 § 4527. Renewal of alarm agent license.
21 § 4528. Refusal, suspension and revocation of alarm agent
22 license.
23 Chapter 47. Identification Documents
24 § 4701. Alarm agent identification card.
25 § 4702. Responsibility for identification documents.
26 Chapter 49. Enforcement
27 Subchapter A. General Provisions
28 § 4901. Enforcement and investigations.
29 § 4902. Administrative disciplinary proceedings.
30 § 4903. Reinstatement of license.
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1 § 4904. Prosecutions.
2 § 4905. Injunctions against unlicensed practice.
3 § 4906. Subpoenas.
4 Subchapter B. Violations and Penalties
5 § 4911. Unlicensed activities.
6 § 4912. False representations.
7 § 4913. Privileged information and false reports.
8 § 4914. Civil penalty.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Title 22 of the Pennsylvania Consolidated
12 Statutes is amended by adding a part heading and a part to read:
13 PART I
14 GENERAL PROVISIONS
15 * * *
16 PART IV
17 ALARM BUSINESS
18 Chapter
19 41. Preliminary Provisions
20 43. Alarm Services Board
21 45. Licenses
22 47. Identification Documents
23 49. Enforcement
24 CHAPTER 41
25 PRELIMINARY PROVISIONS
26 Sec.
27 4101. Definitions.
28 4102. Preemption of local regulation.
29 § 4101. Definitions.
30 The following words and phrases when used in this part shall
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1 have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Alarm agent." An individual employed or hired as an
4 independent contractor within this Commonwealth by an alarm
5 business for the purpose of providing alarm services.
6 "Alarm business." An individual, partnership, association,
7 corporation or other entity engaged in alarm services. The term
8 does not include any person on whose premises is installed an
9 alarm system sounding or recording alarm and supervisory signals
10 at a control center on the protected premises and under the
11 supervision of the proprietor of the protected premises if the
12 person does not otherwise provide alarm services.
13 "Alarm services." The sale, installation, maintenance,
14 repair, replacement or servicing of equipment which detects and
15 signals the presence of an unauthorized intrusion or hazard
16 requiring urgent attention or transmits a signal to a central
17 station, law enforcement agency or fire department; or the
18 furnishing of monitoring or responding services in connection
19 with any alarm signaling devices located in this Commonwealth.
20 The term does not include the sale of alarm equipment:
21 (1) By a manufacturer for purposes of resale to the
22 general public.
23 (2) By a retailer who is not in the business of
24 installing, maintaining, monitoring, repairing or servicing
25 alarm systems.
26 "Board." The Alarm Services Board.
27 § 4102. Preemption of local regulation.
28 It is the intent of the General Assembly to enact a
29 comprehensive licensing system for the alarm business and its
30 agents and thereby preempt this field. All ordinances of any
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1 municipality inconsistent with this part concerning the
2 licensing of alarm business and agents or imposing different
3 qualification standards or licensing fees for alarm business and
4 agents shall be invalid. Nothing in this part shall prevent a
5 municipality from adopting ordinances concerning the
6 installation, maintenance and inspection of such alarm services,
7 nor from imposing fees or false alarm fines.
8 CHAPTER 43
9 ALARM SERVICES BOARD
10 Sec.
11 4301. Alarm Services Board.
12 4302. Powers and duties of board.
13 4303. Proceedings of board.
14 4304. Records.
15 4305. Fees.
16 § 4301. Alarm Services Board.
17 (a) Creation.--There shall be a departmental administrative
18 board within the Department of State known as the Alarm Services
19 Board.
20 (b) Membership.--The board shall consist of seven members
21 who are citizens of the United States and who have been
22 residents of this Commonwealth for a two-year period, one of
23 whom shall be the Commissioner of Professional and Occupational
24 Affairs, two of whom shall represent the public at large, and
25 four of whom shall be persons who are engaged in the alarm
26 business and meet the qualifications of experience and the
27 examination requirements as specified in section 4502(c)
28 (relating to application for alarm business license), unless
29 exempted from examination as specified in section 2. Members
30 shall be appointed by the Governor with the advice and consent
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1 of a majority of the members elected to the Senate and shall
2 serve terms of four years, except the initial appointments.
3 Within 90 days of the effective date of this act, the Governor
4 shall nominate one professional member to serve a four-year
5 term; one public member and one professional member to serve
6 three-year terms; one public and one professional member to
7 serve two-year terms; and one professional member to serve a
8 one-year term.
9 (c) Continuation of office.--Each board member shall
10 continue in office until a successor is duly appointed and
11 qualified but no longer than six months after the expiration of
12 the term. In the event that a board member shall die, resign or
13 otherwise become disqualified during the term of office, a
14 successor shall be appointed in the same way and with the same
15 qualifications as set forth in this section and shall hold
16 office for the unexpired portion of the unexpired term.
17 (d) Limit on terms.--No board member shall be eligible for
18 appointment to serve more than two consecutive four-year terms.
19 (e) Forfeiture of membership.--A board member who fails to
20 attend three consecutive meetings shall forfeit his seat unless
21 the commissioner, upon written request from the member, finds
22 that the member should be excused from a meeting because of
23 illness or death of a family member.
24 (f) Compensation.--Each member of the board, other than the
25 Commissioner of Professional and Occupational Affairs, shall
26 receive per diem compensation at the rate of $60 per diem when
27 actually attending to the work of the board. Members shall also
28 receive reasonable traveling, hotel and other necessary expenses
29 incurred in the performance of their duties in accordance with
30 Commonwealth regulations.
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1 (g) Forfeiture for nonattendance.--A public member who fails
2 to attend two consecutive statutorily mandated training seminars
3 in accordance with section 813(e) of the act of April 9, 1929
4 (P.L.177, No.175), known as The Administrative Code of 1929,
5 shall forfeit their seat unless the commissioner, upon written
6 request from the public member, finds that the public member
7 should be excused from a meeting because of illness or the death
8 of a family member.
9 (h) Administrative affairs.--A majority of the members of
10 the board serving in accordance with law shall constitute a
11 quorum for purposes of conducting the business of the board.
12 Except for temporary and automatic suspensions under section
13 4902(e) and (f) (relating to administrative disciplinary
14 proceedings), a member may not be counted as part of a quorum or
15 vote on any issue unless he is physically in attendance at the
16 meeting. The board shall select from their number a chairman and
17 shall select a secretary who need not be a member of the board.
18 There shall be four stated meetings of the board each year at a
19 place within this Commonwealth as determined by the board for
20 the transaction of its business, but the board may hold other
21 meetings at its discretion and by vote of the majority upon due
22 notice thereof to all members of the board.
23 (i) Notice.--Reasonable notice of all meetings shall be
24 given in conformity with the act of July 3, 1986 (P.L.388,
25 No.84), known as the Sunshine Act.
26 (j) Operating procedures.--The board shall meet within 30
27 days after the appointment of its initial members and set up
28 operating procedures and an application form for licensing alarm
29 businesses and alarm agents. It shall be the responsibility of
30 the board to circulate these forms and educate the public to the
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1 requirement of licensing in order to hold oneself out as a
2 licensed alarm business or alarm agent within this Commonwealth.
3 § 4302. Powers and duties of board.
4 The board shall have the power and the duty to:
5 (1) Pass upon the qualifications of applicants for
6 licenses and reciprocal licenses and to adopt and revise
7 rules and regulations requiring applicants to pass
8 examinations relating to their qualifications as a
9 prerequisite to the issuance of a license.
10 (2) Adopt and, from time to time, revise such rules and
11 regulations as may be necessary to carry into effect the
12 provisions of this part. Such regulations may include, but
13 shall not be limited to, standards of professional practice
14 and conduct for licensed alarm businesses and alarm agents.
15 (3) Examine for, deny, approve, issue, revoke, suspend
16 or renew licenses of alarm businesses and alarm agents
17 pursuant to this act and conduct hearings in connection
18 therewith.
19 (4) Conduct hearings upon complaints concerning
20 violations of the provisions of this part and the rules and
21 regulations adopted pursuant to this part and seek the
22 prosecution and enjoinder of all such violations.
23 (5) Expend moneys necessary to the proper carrying out
24 of its assigned duties.
25 (6) Waive examination and grant a license in cases
26 deemed exceptional by the board and in accordance with
27 regulations promulgated by the board.
28 (7) Submit annually a report to the Professional
29 Licensure Committee of the House of Representatives and the
30 Consumer Protection and Professional Licensure Committee of
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1 the Senate containing a description of the types of
2 complaints received, status of the cases, board action which
3 has been taken and length of time from the initial complaint
4 to final board resolution.
5 (8) Submit annually to the Appropriations Committees of
6 the House of Representatives and the Senate, 15 days after
7 the Governor has submitted his budget to the General
8 Assembly, a copy of the budget request for the upcoming
9 fiscal year, which the board previously submitted to the
10 Department of State.
11 (9) Grant a reciprocal license to an applicant who is
12 licensed as an alarm business or an alarm agent in another
13 state and has demonstrated qualifications which, in the
14 determination of the board, equal or exceed those required
15 pursuant to this part, provided that no license shall be
16 granted under this section to an applicant unless the state
17 in which the applicant is licensed affords reciprocal
18 treatment to persons who are residents of this Commonwealth
19 and who are licensed pursuant to this part.
20 § 4303. Proceedings of board.
21 In proceedings of the board relating to its licensing powers
22 and duties, the board shall not be bound by the strict rules of
23 evidence, but any determinations made shall be based upon
24 sufficient legal evidence to sustain them. The burden of meeting
25 the qualifications for licensing shall be on the applicant. A
26 district attorney who has filed objections shall be considered a
27 party for the purposes of appeal.
28 § 4304. Records.
29 (a) General rule.--The board shall keep records of its
30 proceedings, especially with relation to the issuance, denial,
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1 registration, suspension and revocation of licenses. In all
2 actions or proceedings in any court, a transcript of any record
3 or any part thereof, which is certified to be a true copy by the
4 secretary, may be admitted into evidence as an official record.
5 (b) Roster of licensees.--The board shall maintain a current
6 roster of the names, addresses and license numbers of all
7 persons licensed under this part. The roster shall be open to
8 public inspection.
9 § 4305. Fees.
10 All fees required pursuant to this part shall be fixed by the
11 board by regulation and shall be subject to the act of June 25,
12 1982 (P.L.633, No.181), known as the Regulatory Review Act. If
13 the revenues raised by fees, fines and civil penalties imposed
14 pursuant to this part are not sufficient to meet expenditures
15 over a two-year period, the board shall increase those fees by
16 regulation so that the projected revenues will meet or exceed
17 projected expenditures. If the Bureau of Professional and
18 Occupational Affairs determines that the fees established by the
19 board are inadequate to meet the minimum enforcement efforts
20 required by this part, then the bureau, after consultation with
21 the board and subject to the Regulatory Review Act, shall
22 increase the fees by regulation in an amount so that adequate
23 revenues are raised to meet the required enforcement efforts.
24 CHAPTER 45
25 LICENSES
26 Subchapter
27 A. Alarm Businesses
28 B. Alarm Agents
29 SUBCHAPTER A
30 ALARM BUSINESSES
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1 Sec.
2 4501. Requirement of alarm business license.
3 4502. Application for alarm business license.
4 4503. Full-time employees.
5 4504. Investigation of applicant.
6 4505. Alarm business license.
7 4506. Transfer of alarm business license to another location.
8 4507. Change in management of licensee.
9 4508. Renewal of alarm business license.
10 4509. Revocation of alarm business license.
11 4510. Responsibility for employees.
12 4511. Reporting of multiple licensure.
13 § 4501. Requirement of alarm business license.
14 No person shall engage in alarm services, attempt or offer to
15 engage in alarm services or advertise his or its business to be
16 an alarm business, without having first obtained an alarm
17 business license. A separate license shall be obtained for each
18 location at which an office, branch office, bureau, agency or
19 subagency is maintained for the conduct of the alarm business.
20 Licenses issued under this section shall authorize only the
21 conduct of an alarm business and shall prohibit private
22 detective and security business activities.
23 § 4502. Application for alarm business license.
24 (a) General rule.--Any person intending to conduct an alarm
25 business shall execute and file with the board an application
26 for an alarm business license. If the applicant is a
27 partnership, association or corporation, the application shall
28 contain the information required in this section for, and shall
29 be executed by, each individual member of the partnership or
30 association or each principal officer of the corporation and,
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1 unless the stock of the corporation or its ultimate parent
2 corporation is listed on a national securities exchange or
3 registered under the Securities Exchange Act of 1934 (48 Stat.
4 881, 15 U.S.C. § 78a et seq.), each shareholder owning more than
5 5% of the shares of the corporation.
6 (b) Contents of application.--Each individual required under
7 subsection (a) to execute the application shall set forth his
8 full name, age, residence, occupation and, for the last ten
9 years, all residences, and such further information as the board
10 may require to show his good character, competency and
11 integrity. Each individual applicant shall also furnish a
12 complete set of fingerprints and two personal photographs. The
13 applicant shall set forth the address of the principal place of
14 business and the office, branch office, bureau, agency or
15 subagency for which the license is desired. The managing agent
16 of the applicant for each location of its offices shall be
17 identified, and a copy of his alarm agent license or application
18 for license shall be included. The application shall be signed
19 and verified by each individual required to execute it.
20 (c) Experience and examination requirements.--An individual
21 applicant or, in the case of a partnership, association or
22 corporation, at least one individual required to execute the
23 application shall have at least three years' experience in the
24 alarm business and shall pass a board-approved alarm business
25 examination designed to test the individual's knowledge of and
26 competence in the alarm business.
27 (d) References.--Each individual applicant or person
28 required under subsection (a) to execute the application shall
29 be recommended by not less than five reputable citizens of the
30 community in which he resides or for which the license is
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1 desired. Each citizen shall certify, under oath, that he has
2 personally known the individual for a period of at least five
3 years prior to the filing of the application, that he has read
4 the application and believes each of the statements made therein
5 to be true and that the applicant is honest, competent, of good
6 character and not related to the certifier by blood or marriage.
7 (e) Additional information for corporation.--In the case of
8 a corporation, the application shall include the corporation's
9 name, date and place of incorporation, a certified copy of the
10 certificate of incorporation, the amount of its outstanding
11 paid-up capital stock and whether paid in cash or property and,
12 if in property, the nature of the property, and the names of not
13 less than three credit references.
14 (f) Loss of manager or principal.--Notice of the death,
15 resignation, withdrawal or removal of the managing agent or any
16 person required to execute the application shall immediately be
17 given, in writing, to the board and any successor in the same
18 capacity shall file with the board the appropriate information
19 or application.
20 (g) Branch offices of licensee.--An application by an alarm
21 business licensee for a branch license may incorporate the
22 information previously furnished to the board by reference and
23 shall contain only the additional information necessary to
24 conduct the review required by this subchapter.
25 § 4503. Full-time employees.
26 No alarm business license shall be issued unless at least one
27 person required to execute the application under section 4502(c)
28 (relating to application for alarm business license) certifies
29 that he will engage full time in the alarm business for which
30 the application is made. In the case of branch offices, the
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1 managing agent shall further certify that he will engage full
2 time in the alarm business at that branch office.
3 § 4504. Investigation of applicant.
4 The board shall refer the application to the district
5 attorney of the county where the office or branch office,
6 bureau, agency or subagency will be located. Upon receipt of the
7 application, the district attorney shall direct an appropriate
8 investigation of the applicant and shall, within 30 days of
9 receipt of the application, forward to the board a complete
10 written report of the investigative findings and a
11 recommendation as to the disposition of the application. The
12 board shall also obtain, through the Pennsylvania State Police
13 or otherwise, criminal history records, fingerprint comparative
14 information and such other information as it requires.
15 § 4505. Alarm business license.
16 (a) Issuance.--If, after investigation, the board is
17 satisfied of the good character, competency and integrity of the
18 applicant and a period of 45 days from the date of the filing of
19 the application has elapsed, the board shall issue and deliver
20 to the applicant an alarm business license for the premises
21 stated in the application. If verified objections to the
22 issuance of a license are filed with the board, it shall hold a
23 public hearing with notice to all interested parties prior to
24 issuing or refusing to issue the license.
25 (b) Fee and liability insurance.--
26 (1) Prior to the issuance of an alarm business license,
27 the applicant shall pay to the Commonwealth for each license
28 a fee as fixed by the board and shall file with the board a
29 certificate of insurance attesting that it has in force a
30 general liability insurance policy in an amount insuring
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1 against individual claims of not less than $300,000 in the
2 case of personal injuries, $500,000 aggregate, and $100,000
3 in the case of property damage, $300,000 aggregate, written
4 by an insurance company authorized to do business in this
5 Commonwealth. Each policy shall contain an endorsement that
6 the policy will not be canceled or modified without
7 notification to the board.
8 (2) In lieu of a certificate of insurance, an applicant
9 for an alarm business license may apply to the board for a
10 self-insurance exemption, showing financial ability to pay
11 any such liability out of his own assets. The board may issue
12 such applicant a self-insurance exemption upon satisfactory
13 proof that the applicant possesses reliable financial
14 arrangements, deposits, resources or commitments such as will
15 equal or exceed the minimum amount of insurance required
16 under paragraph (1) and that the applicant has set aside, or
17 will commit himself to set aside, assets equal to the
18 insurance required to secure his obligation as a self-
19 insurer.
20 (c) Form.--The alarm business license shall be in a form
21 prescribed by the board and shall specify the full name of the
22 applicant, the location of the principal office and the office,
23 branch office, bureau, agency or subagency for which the license
24 is issued, the date on which it is issued, the date on which it
25 will expire and the name and residence of each licensed alarm
26 agent employed by it at that location.
27 (d) Posting.--The alarm business license shall be displayed
28 at all times in a conspicuous place in the office for which it
29 is issued.
30 (e) Advertisement.--Every advertisement by an alarm business
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1 licensee soliciting business shall contain the licensee's name
2 and license number as they appear in the records of the board.
3 § 4506. Transfer of alarm business license to another location.
4 If a business licensee desires to transfer the license to a
5 place other than that described in it, he shall prior thereto
6 apply to the board for leave to transfer the license. The
7 application for transfer shall describe the premises to which
8 the transfer will be made and the date of transfer. The board
9 shall cause an appropriate investigation to be made and, if it
10 is satisfied, authorize the transfer.
11 § 4507. Change in management of licensee.
12 In cases where the death, resignation, withdrawal or removal
13 of a person required to execute the application under section
14 4502(a) (relating to application for alarm business license) or
15 if a managing agent would terminate the authority of a licensee
16 to conduct an alarm business, the board may issue a temporary
17 permit. The permit shall be valid for a period, to be determined
18 by the board, of not more than 180 days from the date of the
19 event requiring it. The permit shall authorize the licensee to
20 engage in alarm services pending the resumption of compliance
21 with this subchapter.
22 § 4508. Renewal of alarm business license.
23 An alarm business license shall be renewed biennially by the
24 board upon application at such time and in such form as the
25 board may prescribe, payment of a biennial fee and the filing of
26 evidence of insurance as required for the original license. The
27 license shall be renewed without further investigation, unless
28 the applicant no longer qualifies for the license or verified
29 objections to the renewal are received by the board prior to
30 issuance. If the board has received information relevant to the
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1 renewal, it shall hold a public hearing as provided for in the
2 case of an original application.
3 § 4509. Revocation of alarm business license.
4 The alarm business license shall be revocable by the board at
5 any time for cause shown. Every license shall be surrendered to
6 the board within 72 hours after its term has expired or after
7 notice, in writing, to the holder that the license has been
8 revoked. Any licensee failing to comply with this section
9 commits a misdemeanor of the third degree, and such failure
10 shall be sufficient cause for revocation of the license.
11 § 4510. Responsibility for employees.
12 A business licensee shall be legally responsible for the good
13 conduct within the scope of employment in the alarm business of
14 each employee. No licensee shall knowingly employ in connection
15 with the alarm business, in any capacity, any person whose alarm
16 agent license was revoked or whose application for license was
17 denied by the board or by the authorities of any state.
18 § 4511. Reporting of multiple licensure.
19 Any licensed alarm business of this Commonwealth who is also
20 licensed to engage in alarm services in any other state,
21 territory or country shall report this information to the board
22 on the biennial renewal application. Any disciplinary action
23 taken in any other state, territory or country shall be reported
24 to the board on the biennial renewal application or within 90
25 days of disposition, whichever is sooner. Multiple licensure
26 shall be noted by the board on the licensed alarm business's
27 record, and such state, territory or country shall be notified
28 by the board of any disciplinary actions taken against the
29 licensed alarm business in this Commonwealth.
30 SUBCHAPTER B
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1 ALARM AGENTS
2 Sec.
3 4521. Requirement of alarm agent license.
4 4522. Disqualification for licensure from criminal activity.
5 4523. Conflict of interest.
6 4524. Application for alarm agent license.
7 4525. Alarm agent license.
8 4526. Reporting of multiple licensure.
9 4527. Renewal of alarm agent license.
10 4528. Refusal, suspension and revocation of alarm agent
11 license.
12 § 4521. Requirement of alarm agent license.
13 No individual shall carry on an alarm business or perform
14 alarm services for an alarm business without having obtained
15 from the board an alarm agent license.
16 § 4522. Disqualification for licensure from criminal activity.
17 (a) Criminal disqualifications.--No alarm agent license
18 shall be issued to an individual if he is convicted in this
19 Commonwealth or any other state of a felony or a violation of
20 any of the following provisions of law or equivalent offenses in
21 other states:
22 18 Pa.C.S. § 907 (relating to possessing instruments of
23 crime).
24 18 Pa.C.S. § 908 (relating to prohibited offensive
25 weapons).
26 18 Pa.C.S. § 2702 (relating to aggravated assault).
27 18 Pa.C.S. § 3124 (relating to voluntary deviate sexual
28 intercourse).
29 18 Pa.C.S. § 3503 (relating to criminal trespass).
30 18 Pa.C.S. § 3921 (relating to theft by unlawful taking
19890H0863B0981 - 18 -
1 or disposition).
2 18 Pa.C.S. § 3925 (relating to receiving stolen
3 property).
4 18 Pa.C.S. § 5121 (relating to escape).
5 Act of April 14, 1972 (P.L.233, No.64), known as The
6 Controlled Substance, Drug, Device and Cosmetic Act, unless:
7 (1) at least ten years have elapsed from the date of
8 conviction;
9 (2) the applicant satisfactorily demonstrates to the
10 board that he or she has made significant progress in
11 personal rehabilitation since the conviction, such that
12 licensure of the applicant should not be expected to create a
13 substantial risk of harm to the health and safety of his or
14 her clients or the public or a substantial risk of further
15 criminal violations; and
16 (3) the applicant otherwise satisfies the qualifications
17 contained in or authorized by this part.
18 As used in this subsection, the term "convicted" shall include a
19 judgment, an admission of guilt or a plea of nolo contendere.
20 (b) Other crimes.--The conviction of any other crime in this
21 Commonwealth or any other state by an individual may be the
22 basis for suspension or revocation of an alarm agent license.
23 (c) Previous conviction and previous revocation.--No alarm
24 agent license shall be issued to any person who has been
25 convicted of a violation under subsection (a) or (b) within ten
26 years prior to the effective date of this part, and no alarm
27 agent license shall be issued to any person whose license has
28 been terminated under subsection (a) or (b) within ten years of
29 the date of the criminal conviction, unless he has received an
30 executive or judicial pardon removing this disability. After the
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1 ten-year period, the board shall consider such conviction under
2 the standards set forth in 18 Pa.C.S. § 9124 (relating to use of
3 records by licensing agencies).
4 § 4523. Conflict of interest.
5 When dealing with potential clients or presenting the product
6 or service, a licensee may not coerce or induce sales of
7 security alarm systems by wearing the uniform or exhibiting any
8 other outward sign that he or she is a police officer or by
9 representing his or her experience as a police officer or other
10 similar type of law enforcement official.
11 § 4524. Application for alarm agent license.
12 (a) General rule.--The application to the board for an alarm
13 agent license shall be made under oath in a form prescribed by
14 the board and shall include the following:
15 (1) The applicant's full name, age and residence.
16 (2) His citizenship.
17 (3) The name and address of all the applicant's
18 employers or occupations, if any, during the ten years
19 immediately preceding.
20 (4) A statement that he is not disqualified under
21 section 4522 (relating to disqualification for licensure from
22 criminal activity) or 4523 (relating to conflict of interest)
23 from being licensed as an alarm agent.
24 (5) Such further information as the board may require to
25 show the good character, competency and integrity of the
26 applicant.
27 The application shall be accompanied by a set of fingerprints,
28 two photographs of the applicant and a license fee as fixed by
29 the board. The fee shall be nonrefundable.
30 (b) Investigation of applicant.--The board shall cause an
19890H0863B0981 - 20 -
1 investigation of the applicant to be conducted in the same
2 manner as provided in section 4504 (relating to investigation of
3 applicant).
4 § 4525. Alarm agent license.
5 (a) Issuance.--If, after investigation, the board is
6 satisfied of the good character, competency and integrity of the
7 applicant and a period of 45 days from the date of the filing of
8 the application has elapsed, the board shall issue and deliver
9 to the applicant an alarm agent license. If verified objections
10 to the issuance of a license are filed with the board, it shall
11 hold a public hearing with notice to all interested parties
12 prior to issuing or refusing to issue the license.
13 (b) Form.--The license shall be in a form prescribed by the
14 board and shall specify the full name of the applicant, the
15 location of the principal office and the location of any other
16 office from which the applicant will work, the date on which the
17 license was issued and the date on which it will expire.
18 (c) Posting.--The license shall be displayed at all times in
19 a conspicuous place in the principal office from which the
20 applicant works.
21 (d) Temporary license.--Upon request, the board shall issue
22 a temporary license to any person who applies for an alarm agent
23 license for the first time as an employee of any particular
24 alarm business. A temporary licensee may engage in providing
25 alarm services pending investigation of his qualifications for
26 an alarm agent license. Temporary licenses shall be valid for a
27 period to be determined by the board by regulation, which period
28 shall not exceed 120 days.
29 § 4526. Reporting of multiple licensure.
30 Any licensed alarm agent of this Commonwealth who is also
19890H0863B0981 - 21 -
1 licensed to engage in alarm services in any other state,
2 territory or country shall report this information to the board
3 on the biennial renewal application. Any disciplinary actions
4 taken in any other state, territory or country or taken in this
5 Commonwealth must comply with the same reporting requirements as
6 in section 4511 (relating to reporting of multiple licensure),
7 and multiple licensure shall be noted by the board on the
8 licensed alarm agent's record.
9 § 4527. Renewal of alarm agent license.
10 A license shall be renewed biennially by the board upon
11 application at such time and in such form as the board may
12 prescribe and upon payment of a fee as fixed by the board. The
13 license may be renewed without further investigation, unless the
14 applicant no longer qualifies for the license or verified
15 objections to the renewal are received by the board prior to
16 issuance. If the board has received information relevant to the
17 renewal, it shall hold a public hearing as provided for in the
18 case of an original application.
19 § 4528. Refusal, suspension and revocation of alarm agent
20 license.
21 (a) Grounds.--The board may refuse, suspend, revoke, limit
22 or restrict a license or reprimand a licensee for any of the
23 following:
24 (1) Being convicted of a felony or a crime of moral
25 turpitude in any state or Federal court or being convicted of
26 the equivalent of a felony in any foreign country, territory
27 or possession. As used in this paragraph, the term
28 "convicted" includes a finding or verdict of guilt, an
29 admission of guilt or a plea of nolo contendere or receiving
30 probation without verdict, disposition in lieu of trial or an
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1 Accelerated Rehabilitative Disposition in the disposition of
2 felony charges.
3 (2) Being found guilty of immoral or unprofessional
4 conduct. Unprofessional conduct shall include any departure
5 from or failure to conform to the standards of acceptable and
6 prevailing alarm business practice. In proceedings based on
7 this paragraph, actual injury to a person or an individual
8 need not be established.
9 (3) Violating standards of professional practice or
10 conduct adopted by the board.
11 (4) Presenting false credentials or documents or making
12 a false statement of fact in support of his or her
13 application for a license.
14 (5) Submitting a false or deceptive biennial renewal to
15 the board.
16 (6) Having a license to engage in alarm services
17 suspended, revoked or refused or receiving other disciplinary
18 action by the proper alarm business licensing authority of
19 any other state, territory, possession or country.
20 (7) Violating a regulation promulgated by the board,
21 including, but not limited to, standards of professional
22 practice and conduct, or violating an order of the board
23 previously entered in a disciplinary proceeding.
24 (8) Being unable to engage in alarm services with
25 reasonable skill and safety by reason of illness,
26 drunkenness, excessive use of drugs, narcotics, chemicals or
27 any other type of material, or as a result of any mental or
28 physical condition. In enforcing this paragraph, the board
29 shall, upon probable cause, have authority to compel an alarm
30 agent to submit to a mental or physical examination by a
19890H0863B0981 - 23 -
1 physician approved by the board. Failure of an alarm agent to
2 submit to such examination when directed by the board, unless
3 such failure is due to circumstances beyond his or her
4 control, shall constitute an admission of the allegations
5 against him or her, consequent upon which a default and final
6 order may be entered without the taking of testimony or
7 presentation of evidence. An alarm agent affected under this
8 paragraph shall at reasonable intervals, as determined by the
9 board, be afforded an opportunity to demonstrate that he or
10 she can resume the competent practice of alarm services with
11 reasonable skill and safety.
12 (9) Violating section 4523 (relating to conflict of
13 interest).
14 CHAPTER 47
15 IDENTIFICATION DOCUMENTS
16 Sec.
17 4701. Alarm agent identification card.
18 4702. Responsibility for identification documents.
19 § 4701. Alarm agent identification card.
20 (a) Contents of card.--Upon the issuance of an alarm agent
21 license, the board shall also issue an identification card which
22 shall contain the licensee's photograph, name and business
23 address, as evidence of authorization under this part.
24 (b) Carrying requirement.--The identification card shall be
25 carried by an alarm agent whenever he is engaged in the
26 performance of alarm services and shall be exhibited upon
27 request.
28 § 4702. Responsibility for identification documents.
29 (a) General rule.--Each person to whom a license or
30 identification card has been issued shall be responsible for
19890H0863B0981 - 24 -
1 their safekeeping and shall not lend or allow any other person
2 to use, wear or display the license or card.
3 (b) Using unauthorized identification.--No person shall wear
4 or display any license, card or other document or thing
5 purporting to authorize the holder or wearer thereof to act as
6 an alarm agent, which has not been issued or is invalid under
7 this part. Any person who violates this subsection commits a
8 misdemeanor of the third degree, and the violation shall be
9 sufficient cause for revocation of the license.
10 (c) Loss or destruction.--If it is established to the
11 satisfaction of the board that a license or identification card
12 has been lost or destroyed, the board, upon payment of an
13 appropriate fee, shall issue a duplicate.
14 CHAPTER 49
15 ENFORCEMENT
16 Subchapter
17 A. General Provisions
18 B. Violations and Penalties
19 SUBCHAPTER A
20 GENERAL PROVISIONS
21 Sec.
22 4901. Enforcement and investigations.
23 4902. Administrative disciplinary proceedings.
24 4903. Reinstatement of license.
25 4904. Prosecutions.
26 4905. Injunctions against unlicensed practice.
27 4906. Subpoenas.
28 § 4901. Enforcement and investigations.
29 The board or, at the request of the board and in accordance
30 with sections 4904 (relating to prosecutions) and 4905 (relating
19890H0863B0981 - 25 -
1 to injunctions against unlicensed practice), the Attorney
2 General or each district attorney shall enforce the provisions
3 of this part and, upon complaint of any person or on his or its
4 own initiative, shall investigate any suspected violation or the
5 business practices and methods of any applicant or licensee.
6 Each applicant or licensee shall, on request of the board or the
7 district attorney, supply information as required concerning his
8 or its business, business practices or methods.
9 § 4902. Administrative disciplinary proceedings.
10 (a) Grounds for discipline.--The board may revoke or suspend
11 any license granted under this part or reprimand, censure, fine
12 or otherwise discipline any person in accordance with the
13 provisions of this part if the board determines, after notice
14 and hearing, that the person:
15 (1) Has willfully or repeatedly acted in a manner
16 inconsistent with the health and safety of the public.
17 (2) Has committed any act involving dishonesty, fraud or
18 deceit in the practice of the alarm business.
19 (3) Has done any act without a license for which a
20 license is required under this part or has employed any
21 person for whom a license under this part is required, who
22 does not have a license.
23 (4) Has otherwise violated the provisions of this part
24 or the rules enacted under this part.
25 (5) Is disqualified under this part from holding a
26 license.
27 (b) Filing of charges.--Proceedings under this section shall
28 be commenced by filing with the board charges, in writing, and
29 under oath. The charges may be preferred by any person or by the
30 board.
19890H0863B0981 - 26 -
1 (c) Written notice.--Before any disciplinary action is
2 taken, the charged party shall be given notice, in writing, of
3 the charges against him. The notice shall set a time, date and
4 place of hearing not less than ten days after the date of the
5 notice.
6 (d) Hearing.--The chairman of the board shall designate
7 three or more of its members as a hearing committee to hear the
8 charges. Any party shall have the right to have subpoenas issued
9 on his behalf by the hearing committee. The hearing shall be
10 conducted under Title 2 (relating to administrative law and
11 procedure). Testimony at the hearing shall be taken under oath.
12 (e) Temporary suspension.--The board shall temporarily
13 suspend a license under circumstances as determined by the board
14 to be an immediate and clear danger to the public health and
15 safety. The board shall issue an order to that effect without a
16 hearing, but upon due notice to the licensee concerned at his or
17 her last known address, which shall include a written statement
18 of all allegations against the licensee. The provisions of
19 subsection (d) shall not apply to temporary suspension. The
20 board shall thereupon commence formal action to suspend, revoke
21 or restrict the license of the person concerned as otherwise
22 provided for in this part. All actions shall be taken promptly
23 and without delay. Within 30 days following the issuance of an
24 order temporarily suspending a license, the board shall conduct,
25 or cause to be conducted, a preliminary hearing to determine
26 that there is a prima facie case supporting the suspension. The
27 licensee whose license has been temporarily suspended may be
28 present at the preliminary hearing and may be represented by
29 counsel, cross-examine witnesses, inspect physical evidence,
30 call witnesses, offer evidence and testimony and make a record
19890H0863B0981 - 27 -
1 of the proceedings. If it is determined that there is not a
2 prima facie case, the suspended license shall be immediately
3 restored. The temporary suspension shall remain in effect until
4 vacated by the board, but in no event longer than 180 days.
5 (f) Automatic suspension.--A license issued under this act
6 shall automatically be suspended upon the legal commitment of a
7 licensee to an institution because of mental incompetence from
8 any cause upon filing with the board of a certified copy of such
9 commitment, conviction of a felony under the act of April 14,
10 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
11 Device and Cosmetic Act, or conviction of an offense under the
12 laws of another jurisdiction, which, if committed in this
13 Commonwealth, would be a felony under The Controlled Substance,
14 Drug, Device and Cosmetic Act. As used in this section, the term
15 "conviction" shall include a judgment, an admission of guilt or
16 a plea of nolo contendere. Automatic suspension under this
17 section shall not be stayed pending an appeal or conviction.
18 Restoration of such license shall be made as provided in this
19 part for revocation or suspension of such license.
20 (g) Written report.--The hearing committee shall make a
21 written report to the board of its findings and recommendations,
22 which shall be considered by the board in arriving at its
23 determination.
24 (h) Committee powers.--Members of the hearing committee
25 shall exercise the powers of the board as necessary for the
26 proper conduct of the proceedings.
27 (i) Appeal.--Every party shall have the right to appeal any
28 decision of the board in the manner provided by law.
29 § 4903. Reinstatement of license.
30 Unless ordered to do so by the Commonwealth Court or an
19890H0863B0981 - 28 -
1 appeal therefrom, the board shall not reinstate the license of a
2 person to practice as an alarm agent or an alarm business
3 pursuant to this part, which has been revoked. Any person whose
4 license has been revoked may apply for reinstatement, after a
5 period of at least five years, but must meet all of the
6 licensing qualifications of this part, including the examination
7 requirement, if he or she desires to practice as an alarm agent
8 or an alarm business pursuant to this part at any time after
9 such revocation.
10 § 4904. Prosecutions.
11 In addition to administrative disciplinary proceedings, the
12 board may refer matters brought to its attention under this part
13 to the Attorney General or a district attorney for criminal
14 prosecution. Criminal prosecutions for violation of this part
15 shall be brought by the Attorney General or the district
16 attorney of the county in which the violation occurred.
17 § 4905. Injunctions against unlicensed practice.
18 A violation of section 4501 (relating to requirement of alarm
19 business license) or 4521 (relating to requirement of alarm
20 agent license) may be enjoined by a court on petition of the
21 board. In this proceeding, it shall not be necessary to show
22 that any person is individually injured. If the respondent is
23 found guilty of unauthorized practice, the court shall enjoin
24 him from so practicing unless and until he has a valid license.
25 The remedy by injunction is in addition to the administrative
26 disciplinary proceedings and criminal prosecution provided for
27 in this chapter.
28 § 4906. Subpoenas.
29 (a) Issuance.--In making investigations and conducting
30 administrative disciplinary proceedings relating to any
19890H0863B0981 - 29 -
1 violation of this part and for the purpose of investigating
2 applicants or licensees, the board, upon application of an
3 attorney responsible for representing the Commonwealth in
4 disciplinary matters before the board, may subpoena any person
5 within his or its jurisdiction, administer oaths, examine
6 witnesses, take such testimony and require the production of any
7 books or papers deemed relevant to the inquiry or proceedings. A
8 person subpoenaed who without reasonable cause fails to obey the
9 subpoena, refuses to be examined or to answer any relevant
10 question commits a misdemeanor of the third degree.
11 (b) Notification of board.--An attorney responsible for
12 representing the Commonwealth in disciplinary matters before the
13 board shall notify the board immediately upon receiving
14 notification of an alleged violation of this part. The board
15 shall maintain current records of all reports of alleged
16 violations and periodically review the records for the purpose
17 of determining that each alleged violation has been resolved in
18 a timely manner.
19 SUBCHAPTER B
20 VIOLATIONS AND PENALTIES
21 Sec.
22 4911. Unlicensed activities.
23 4912. False representations.
24 4913. Privileged information and false reports.
25 4914. Civil penalty.
26 § 4911. Unlicensed activities.
27 A person who engages in the alarm business without a license
28 commits a misdemeanor of the third degree and shall, upon
29 conviction, be sentenced to pay a fine of not more than $1,000
30 or to imprisonment for not more than 90 days, or both.
19890H0863B0981 - 30 -
1 § 4912. False representations.
2 If an alarm business licensee falsely represents that a
3 person is or has been in his employ, his license may be revoked.
4 A person who falsely represents that he is or has been employed
5 by an alarm business licensee commits a misdemeanor of the third
6 degree and shall, upon conviction, be sentenced to pay a fine of
7 not more than $1,000 or to imprisonment for not more than 90
8 days, or both. A person who files with the board the
9 fingerprints, photographs or application for registration of a
10 person other than the applicant commits a misdemeanor of the
11 first degree and shall, upon conviction, be sentenced to pay a
12 fine of not more than $2,500 or to imprisonment for not more
13 than one year, or both.
14 § 4913. Privileged information and false reports.
15 A person who is or has been an employee of an alarm business
16 licensee and who, without authority to do so from his employer,
17 divulges to anyone other than his employer any information
18 acquired by him during such employment with respect to the work
19 to which he has been assigned, commits a misdemeanor of the
20 third degree. An employee who willfully makes a false report to
21 his employer with respect to the work to which he has been
22 assigned, commits a misdemeanor of the third degree. The
23 employer of any employee believed to have violated this section
24 shall, without any liability upon the employer, inform the
25 board, which may conduct further investigation or administrative
26 disciplinary proceedings or refer the matter to the district
27 attorney for appropriate action. Any person convicted of a
28 misdemeanor of the third degree, under this section, shall be
29 sentenced to pay a fine of not more than $1,000 or to
30 imprisonment for not more than 90 days, or both.
19890H0863B0981 - 31 -
1 § 4914. Civil penalty.
2 (a) Levy.--In addition to any other civil remedy or criminal
3 penalty provided for in this part, the board, by a vote of the
4 majority of the maximum number of the authorized membership of
5 the board as provided by law, or by a vote of the majority of
6 the duly qualified and confirmed membership or a minimum of
7 three members, whichever is greater, may levy a civil penalty of
8 not more than $1,000 on any current licensee who violates any
9 provision of this part or on any person who holds himself or
10 herself out as a licensed alarm business or alarm agent without
11 being so licensed pursuant to this part. The board shall levy
12 this penalty only after affording the accused party the
13 opportunity for hearing, as provided in Title 2 (relating to
14 administrative law and procedures).
15 (b) Disposition.--All fines and civil penalties imposed in
16 accordance with this section and section 4913 (relating to
17 privileged information and false reports) shall be paid into the
18 Professional Licensure Augmentation Account.
19 Section 2. The requirements of 22 Pa.C.S. § 4502(c)
20 (relating to application for alarm business license) shall not
21 apply and a license shall be issued without examination to any
22 person who has submitted an application for license, accompanied
23 by the required fee, within two years after the effective date
24 of this act, who is a resident of this Commonwealth and who has
25 been engaged full time in an alarm business in an ownership or
26 supervisory capacity for a three-year period.
27 Section 3. The sum of $100,000, or as much thereof as may be
28 necessary, is hereby appropriated from the Professional
29 Licensure Augmentation Account within the General Fund to the
30 Bureau of Professional and Occupational Affairs in the
19890H0863B0981 - 32 -
1 Department of State, for the payment of costs of processing
2 licenses and renewals, for the operation of the board and for
3 other general costs of the bureau operations relating to this
4 act. The appropriation granted shall be repaid by the board
5 within three years of the beginning of issuance of licenses by
6 the board.
7 Section 4. The provisions of this act are severable. If any
8 provision of this act or its application to any person or
9 circumstance is held invalid, the invalidity shall not affect
10 other provisions or application of this act which can be given
11 effect without the invalid provision or application.
12 Section 5. The provisions of the act of April 9, 1929
13 (P.L.177, No.175), known as The Administrative Code of 1929,
14 which are applicable to professional and occupational boards in
15 the Department of State shall be applicable to the Alarm
16 Services Board.
17 Section 6. This act shall take effect as follows:
18 (1) Sections 4904, 4911 and 4914 of Title 22 shall take
19 effect in 18 months.
20 (2) The remainder of this act shall take effect in 90
21 days.
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