2 ADMINISTRATIVE RULES  

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    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 July 2, 2007 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.)

     

    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 PA 330, 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, hereinafter referred to as “agencies” or “agency,” listed in section 2(a), (b), (c), (d), (g), and (h) of the act.

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

     

    R 28.4002   Prohibited words in agency names.

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

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

    (b)   "Michigan," "United States," "US" or any other term that could be confused with a federal, state or local governmental entity, 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   Roster of employees.

    Rule 3. A complete employee personnel roster shall be filed with the department by each agency on a quarterly basis, except that if an agency’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 roster shall be kept confidential to the extent allowed by law.

     

     

    R 28.4004 Uniforms.

    Rule 4. (1) All field employees of a licensed agency described in section 2 of the act shall wear a uniform. Minimum requirements are a uniform button-front shirt or polo-style pullover, jacket or overcoat which will have the designated patches and emblems required by subrule (2) of this rule.

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

    (a)   Shoulder patches shall be red, bear the name of the agency in clearly legible white lettering, and may bear an 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, jacket, or overcoat.

    (b)   A breast patch 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 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.

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

    (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. A badge shall not be star-shaped, nor shall it resemble a law-enforcement personnel badge that could deceive or confuse the public.

     

    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, and similar materials.

    (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.

     

    R 28.4007  Daily supervision of business.

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