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. 19890H0863B0981 - 2 -
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 19890H0863B0981 - 3 -
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 19890H0863B0981 - 4 -
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 19890H0863B0981 - 5 -
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. 19890H0863B0981 - 6 -
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 19890H0863B0981 - 7 -
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 19890H0863B0981 - 8 -
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, 19890H0863B0981 - 9 -
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 19890H0863B0981 - 10 -
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, 19890H0863B0981 - 11 -
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 19890H0863B0981 - 12 -
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 19890H0863B0981 - 13 -
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 19890H0863B0981 - 14 -
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 19890H0863B0981 - 15 -
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 19890H0863B0981 - 16 -
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 19890H0863B0981 - 17 -
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 19890H0863B0981 - 19 -
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 19890H0863B0981 - 22 -
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. A19L22JLW/19890H0863B0981 - 33 -