4 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2006-061

 

DEPARTMENT OF LABOR AND ECONOMIC GROWTH BUREAU OF COMMERCIAL SERVICES

PRIVATE SECURITY GUARD AND SECURITY ALARM AGENCIES

 

GENERAL RULES

 

Filed with the Secretary of State on

 

These rules become effective 30 days after filing.

 

(By authority conferred upon the department of labor and economic growth by Sections 23 and 27 of 1968 PA 330, MCL 338.1073 and MCL 338.1077, and executive reorganization order 2003-1, MCL

445.2011.)

 

Draft September 26, 2006

 

R 28.4001, R 28.4002, R 28.4003, R 28.4004, R 28.4005 and R 28.4006 of the Administrative Code are amended and R 28.4007 is added as follows:

 

R 28.4001  General provisions.

Rule 1. (1) These rules implement 1968 Act No. PA 330 of the Public Acts of

1968, as amended, being S338.1051 et seq. of the Michigan Compiled Laws, MCL 338.1051 to MCL 338.1085, hereinafter referred to as the "act," and apply to all the private security guard and alarm system contractor agencies listed in section 2(a), (b), (c), (d), (g), and (h) of the act.

(2)   "Department" means the Michigan department of state police labor and economic growth.

 

R 28.4002  Prohibited words in agency names.

Rule  2.  The  following  words  or  terms  in  an  agency  name  will  shall  not  be  approved  by  the department:

(a)    "Police," "sheriff," "deputy," "peace officer," "officer," or "marshall."

(b)     "Michigan," "United States," "US" or any other term that could be confused with a federal, state or local agency, or the name of a specific city, village, township or county. However, an owner may use his or her own name which is similar to the name of a city, village, township or county if his or her business is remote from the city, village, township or county with a similar name.

(c) "Homeland," "Homeland Security "or "National Security."

 

R 28.4003  Lists Roster of employees.

Rule 3. A complete employee personnel list roster shall be filed with the department by each licensee on a quarterly basis, except that if a licensee's employee roster is unchanged from the quarterly

 

 

report filed in a previous quarter, as required in section 17(3) of the act, then a statement that the previous submission has not changed will satisfy the report requirement. This list roster shall be kept confidential except for official use to the extent allowed by law.

 

R 28.4004  Uniforms.

Rule 4. (1) All field employees of a licensed security guard or security alarm employees of any agency described in section 2 of the act and licensed to conduct business as a privatesecurity guard agency shall wear a uniform. Minimum requirements are auniform cap and a uniform button-front shirt or polo-style pullover, blouse, jacket or overcoat which will have the designated patches and emblems required by subdivisions (a), (b), and (d) of subrule (2) of this rule.

(2)    A uniform bearing the following emblems and patches will be acceptable to approved by the department:

(a)     Shoulder patches shall be red in color, bear the name of the licensee, have white, in clearly legible white lettering, and may bear an approved acceptable agency design or insignia. The patches shall be of half moon design, not less than 3 inches high and 5 inches wide. A patch shall be worn on each shoulder of a shirt, pullover, blouse, jacket, or overcoat.

(b)    A patch shall be worn on the right breast with words "Security

Guard," "Security Technician," "Patrolman," or  "Watchman," whichever is applicable. A breast patch  It shall be 4 1/2 inches long, 1 inch high, and red with white, clearly legible lettering containing the words "security," "security guard" or "security alarm," as appropriate.

(c)    An employee may wear an appropriate designation of his or her rank, such as sergeant, on either or both sleeves; and chevrons shall be red in color with white piping. If the employee is of commissioned officer rank, he may wear the appropriate emblem on the collar or shoulders of his uniform shirt, pullover, or jacket, or blouse.

(d)     If shoulder straps (epaulettes) are worn on the uniform shirts, pullovers, jackets, or overcoats

blouses, they shall be the same color as the shoulder patches.

(e)    A cap ornament may be worn. It shall not carry the state of Michigan seal. It may carry the rank of the employee and shall have the same name as approved by the department.

(f)  Plant protection personnel shoulder patches shall be the same as described in subrule (2)(a), except they may be an orange background with white lettering. Cap ornaments for plant protection personnel shall be subject to the same restrictions as listed in subrule (2)(e).

(3)    The requirements of subrule (2) of this rule may be met by embroidering the information directly on the chest and sleeve of a uniform shirt, pullover, jacket or overcoat.

(4) Any deviation from the requirements of subrule (2) or (3) of this rule requires approval by the department.

 

R 28.4005  Badges.

Rule 5. Any square or rectangular badge will be approved by the department and may bear the approved agency name. A badge shall not be star-shaped, nor shall it resemble a law-enforcement personnel badge that could deceive or confuse the public. Any other shape badge or shield will not be approved.

 

R 28.4006  Names and emblems in advertising.

Rule 6. (1) An agency shall not solicit or advertise for business with any name other than that approved by the department. This includes letterheads, vehicles, etc and similar materials. Such material on  hand may be phased out.

 

 

(2) An agency shall not display on a vehicle any shield, star, or other emblem that would be likely to deceive or confuse the public or be identical with an emblem on any law enforcement vehicle. Vehicles with emblems now in use may be phased out.

 

R 28.4007  Daily supervision of business.

Rule 7. As of the effective date of this rule, the license holder shall be responsible for the daily operation and supervision of the business. The license holder shall maintain regular hours at the address on file with the department.