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| Montana Administrative Register Notice 24-182-36 | No. 16 08/25/2023 | |
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BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA
TO: All Concerned Persons
1. On September 14, 2023, at 9:00 a.m., a public hearing will be held via remote conferencing to consider the proposed changes to the above-stated rules. There will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways: a. Join Zoom Meeting, https://mt-gov.zoom.us/j/81402359840 Meeting ID: 814 0235 9840, Passcode: 203832 -OR- b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656 Meeting ID: 814 0235 9840, Passcode: 203832
2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on September 7, 2023, to advise us of the nature of the accommodation that you need. Please contact the department at P.O. Box 1728, Helena, Montana 59624-1728; telephone (406) 444-5466; Montana Relay 711; or e-mail laborlegal@mt.gov.
3. GENERAL STATEMENT OF REASONABLE NECESSITY: This proposal notice implements Chapter 481, L. 2023 (Senate Bill (SB) 454), which changed the regulatory governing model of Private Security from a board to a department program; repealed branch office, resident manager, and alarm response runner license types; merged contract security companies and proprietary security organizations into a single license type; and narrowed the required licensure of certified firearms instructors to instructing in the private security field only, rather than all firearms instructing. Other rule amendments reorganize information and apply consistent and simple word choice and parallel construction to make the rules easier to read and understand.
4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
24.182.301 DEFINITIONS (2) "Provisional permit" means the "probationary identification card" used in 37-60-202, MCA, and may also be referred to as a "training permit." (4) remains the same but is renumbered (3).
AUTH: 37-60-202, MCA IMP:
REASON: In former (1), SB 454 repealed the term "direct supervision" when it repealed resident managers and as it relates to private investigator trainees, is now described in ARM 24.182.804, so is not necessary to define in this rule. In former (2), it is not necessary to define the term "dishonorably discharged" because SB 454 struck that term. In new (2), it is necessary to define "provisional permit" to include the "probationary identification card" referenced in the statute because "provisional permit" is the term staff uses internally and, in the database, to describe authority to practice under supervision while awaiting completion of training or education. See also ARM 24.182.507. In new (4), the definition of "weapon" to mean only firearms conflicts with statutes that clearly regulate both firearms and non-firearm weapons used in private security. The legislature defined "armed" to mean with "firearms" in 37-60-101, MCA, but used the broader term, "weapons," in 37-60-405, MCA, to describe the duty to regulate "weapons to be carried by armed licensees or ... private security personnel or private investigators..." The department's regulation of non-firearm weapons typical to the security industry is reasonable and necessary in the context of private security and is dictated by the plain language of the statute.
24.182.401 FEE SCHEDULE (1) License application fees are as follows: (a)
(b) through (d) remain the same but are renumbered (c) through (e). (2) License renewal fees are as follows: (a)
(b) and (c) remain the same but are renumbered (c) and (d).
(a) (b)
AUTH: 37-1-134, 37-60-202, MCA IMP: 25-1-1104, 37-1-134, 37-1-141, 37-60-202, 37-60-304, MCA
REASON: Changes are necessary to reflect repeal by SB 454 of branch office, resident manager, and alarm response runner licenses; new terminology for process servers and firearms instructors; and merging contract and proprietary security company terminology into a single license type of "private security firm." SB 454 narrowed the regulated population from "instructors who instruct individuals in the use of firearms" to "instructors who instruct private security guards and private investigators in using their weapons on duty." In former (3), the repeal of the inactive status rule, ARM 24.182.509, will make it unnecessary to program and track distinct inactive renewal license fees. Former (4) is stricken because elsewhere, the rules propose that the department will no longer be responsible for creating the photographic identification cards; the temporary practice permit fee will not be a separate fee; and the department no longer charges a fee to update employee changes. In new (3), it is confusing to list one license type and imply there are others, when there are only two license types that require an examination. In former (6), because the fee is not one set by the department, it is not necessary to refer to it in rule. Rather, this information is provided in application information packets. Finally, (7) and (8) have separate authority and are unnecessary to repeat for the purpose of establishing licensing fees.
24.182.403 PHOTO IDENTIFICATION (1) Effective July 1, 2024, each private security firm and electronic security firm must, for each security guard or alarm installer they employ: (a) provide a laminated photograph identification card using the design specifications in (2); (b) update the card when the photograph does not clearly and accurately represent the appearance of the individual; (c) require the individual to wear or carry the card while performing services and show it upon request; and (d) collect the card when the employment relationship ends. (2) Each card must be the size of a standard credit card laminated or made with durable materials and contain the following on the front of the card: (a) a clear, recent photograph of the individual displayed prominently on the card; (b) the first and last name of the individual; (c) the individual's license type; (d) the name of the firm; (e) the supervising private investigator if applicable; (f) the individual's license number preceded by the words "the Department of Labor and Industry License Number"; (g) the card issuance date; and (h) the QR code from the department-issued license. (3) Each private investigator and any trainee under the private investigator's supervision must carry a photographic identification card described in (2).
AUTH: 37-60-202, MCA
REASON: Under SB 454, the implementing authority of 37-60-309, MCA was repealed and moved to 37-60-407, MCA. The statutory mandate for photo identification cards is unique to the private security program. The department supports having cards to mitigate the risk that unlicensed persons may pose as licensees to further fraud and crime. However, the department's duty to create cards is administratively burdensome and the submitted photographs require authentication through comparison of government-issued identification and are often the incorrect size. This manual processing causes delay in issuing the licenses and amounts to approximately 333 hours a year in staff time for the initial creation of cards and 120 hours to create replacement cards when security staff change employers. Additionally, the equipment and materials to make the cards have initial and ongoing investment costs. Because security firms customarily issue dual-function, company identification and programmable facility access cards to their employees, the department proposes to reduce the redundancy of a department-issued card and instead, specify standard information for the company to include on cards they already issue. This information, if not already contained on the company card, should be easily incorporated. Including the QR code on the card will allow the public, including employers and law enforcement officers, a fast way to confirm active licensure through the department's real time, online licensee lookup system. In the current process of issuing the department card, the firms are not involved in the ID card process. Placing the duty on the firm to issue, update, and collect the card when employment ends will result in better control of the identification cards and will save costs. A delayed effective date is necessary to give security firms time to implement the amended rule. The current rule will be in effect until July 1, 2024.
24.182.405 INSURANCE AND SURETY BOND REQUIREMENTS (1) (a) Private investigators (b) Electronic security companies (c) (d) (2) Process servers (3) (a) armed private investigators; (b) private security firearms instructors; and (c) private security firms who employ armed private security guards. (4) (a) and (b) remain the same. (5) (a) immediately inform the department of the cancellation or lapse of required insurance coverage or surety bond; and (b) direct and authorize the insurance carrier to inform the (6) Licensees must maintain the insurance coverage
AUTH: IMP: 25-1-1111,
REASON: Section 37-1-131, MCA refers to duties of boards and is repealed throughout this notice. The proposal will change "board" to "department" and update license naming conventions prompted by SB 454. Sections (1), (3), and (4) are edited for clarity and comprehension. Section (5) clarifies that the duty to report a lapse of coverage belongs to both an individual licensee and an insurance company and is necessary to enhance compliance with an important consumer protection requirement. In (7), it is not necessary to repeat 37-1-321(1)(b), MCA, or clarify that failure to respond to an audit is grounds for disciplinary action or an administrative suspension and results in striking implementation citation to it.
24.182.407 (2) Security guard uniforms must: (a) clearly display in block letters in a color and reflective material that contrasts with the fabric color, the words "security," "security officer," or "security guard" across the front of any cap and across the back of any shirt, vest, or overcoat to be visible at night, in low light, and at a reasonable distance; and (b) clearly display the company name in full and the words "security guard" above the left chest pocket area on the front of any shirt, vest, or overcoat on a patch no less than one inch by three inches. (3) Security vehicles must have "security" clearly displayed on each side of the vehicle. (4) Uniforms, vehicles, and equipment must not display any accessory, emblem, insignia, patch, seal, or term that is like any used by a federal, state, or local agency.
AUTH: 37-60-407, MCA IMP: 37-60-407, MCA
REASON: Former (1) is restated at (4) in more simple and broad terms to capture all types of law enforcement or other agencies. In new (1), because a uniform distinguishes security guards from members of the public and law enforcement officers, it is necessary to express the requirement to wear one instead of implying that a uniform is optional. The changes in new (2) are to make the rule easier to understand and in (2)(a) and (b) to require not just a shirt, but also any garment that may be worn over a shirt and caps to have "security" branding to better identify security guards. Section (3) is a new requirement but one that significantly contributes to distinguishing security personnel from members of the public and law enforcement agents and should be a generally accepted standard of practice that firms already comply with. A delayed effective date is necessary to give security firms time to implement the amended rule. The current rule will be in effect until July 1, 2024.
24.182.420 QUALIFICATIONS (a) a current Montana license in good standing as a private investigator or a private security guard; (2) remains the same. (3) To maintain the endorsement, the endorsee must keep the license in (1)(a) current and in good standing and submit proof of an annual shooting proficiency test using the firearms the armed licensee will use on duty, conducted by a POST-certified firearms instructor or a private security firearms instructor.
AUTH: 37-60-202, 37-60-303, MCA IMP: 37-60-101, 37-60-202, 37-60-303, 37-60-405, MCA
REASON: The proposal in (1)(a) and (b) reduces wordiness to describe the qualifications for armed endorsement without making any substantive change. New (3) is language taken from ARM 24.182.421, which is proposed to be repealed.
24.182.501 (2) A fingerprint report is valid for six months from the date of the department's receipt of the report
AUTH: IMP:
REASON: Former (1) and (2) are stricken because they repeat department authority in 37-1-101, MCA, and ARM 24.101.402 to process applications. New (1) includes reference to the statute listing the license types that are subject to fingerprinting and makes an important reference to the process and timing required by the U.S. Department of Justice for the department to acquire the criminal record history report. Sections (2) and (3) have clarifying and style changes only. Former (4) is stricken because it is not necessary to prescribe standard and typical methods of documentary proof of qualifications. These items are prompted by the application form.
24.182.505 WRITTEN EXAMINATIONS (1) (2) (3) (a) present the proctor with photo identification and authorization to sit for the examination; (b) deposit with the proctor all electronic devices, books, notebooks, and other papers prior to taking the examination (c) (9) remains the same but is renumbered (7).
AUTH: IMP: 25-1-1104,
REASON: To increase administrative efficiency, it is necessary to clarify that only two license types of licensees require an examination and clarify that armed status examinations are not subject to this rule. It is sufficient and better to state in active voice, the applicant's duty to schedule with the department. Other changes recognize SB 454 amendments, better organize the rule, and address style.
24.182.507 (2) A provisional permit under this rule is subject to annual renewal and is valid until the applicant is issued a license, or until the applicant: (a) fails the first examination for which the applicant is eligible after the department issues the permit; or (b) exceeds the time limit to complete the work experience.
AUTH: IMP:
REASON: The implementation reference to 37-1-305, MCA is incorrect because it is a general statute that only recognizes lack of an examination as grounds to obtain a temporary permit. Section 37-60-202, MCA is the correct implementation citation, because it specifically mandates the program to "adopt and enforce rules providing for the issuance of probationary identification cards for private investigators and security alarm installers who do not meet the experience or examination requirements." Because the term "probationary identification card" is ambiguous and may be confused with a disciplinary status, as explained in the reason for ARM 24.182.101 changes, these rules instead will use the term "provisional permit," which is used by the department internally to describe this type of authority to conditionally practice. Under a provisional permit, a private investigator may gain experience and take the examination while working as a trainee. The changes are necessary to recognize this narrow scope of the rule and the terms under which the permit exists, since these are not stated in the statute.
24.182.512 PRIVATE INVESTIGATOR LICENSE QUALIFICATIONS – TRAINING PERMIT (1) (b) remains the same but is renumbered (i). (iv) any other investigative employment approved by the department that is exempt from private investigator licensure in this state. (a) successful completion and verification of the peace officer basic course at the Montana Law Enforcement Academy (b) training related to the scope of practice of a private investigator, (c) remains the same. (3) An applicant who does not meet the total hours of experience requirements in (1) or (2) may apply for a provisional permit to train as a private investigator under the training program per ARM 24.182.804 to complete the remaining number of hours. (4) The experience in (1) and training in (2) may be combined to reach the total of 5,400 hours required for licensure. (5) Training permits may be renewed a maximum of four times.
AUTH: IMP:
REASON: The changes in new (1)(a) through (c) and (2) more simply and directly state the requirements for licensure as a private investigator, rather than cross-referencing a rule that restates the law. Former (4) is repealed because personal references to demonstrate the character and fitness of applicants are unreliable and rarely, if ever, have resulted in information on which to base a license denial. Instead, applicants answer and attest to a broad personal history questionnaire, and fingerprint background checks supply an additional and reliable means of determining character and fitness. The content in new (3) is taken from ARM 24.182.511, which is proposed for repeal. It is necessary to recognize in new (4) that for persons who do not have the requisite hours of employment, training may supplement all or some of the total hours. New (5) is moved from ARM 24.182.511.
24.182.514 PRIVATE SECURITY GUARD (1) (2) The verifications in (1) are not required to be submitted until after the fingerprint background check is successfully completed but are required as a final condition for the department to issue a license.
AUTH: 2-4-201, IMP:
REASON: The reasons for the changes in former (1) are the same as ARM 24.182.512(1). New (1)(a) and (b) state the same requirements but are more concise. Former (4) is not necessary to require because the fingerprint background check is the best method to determine truthfulness on the application related to criminal background and allows employers to rely on the state's background check rather than doing it themselves. The proposed process in (2) stems from the statutory definition of a security guard as an individual "employed" by a private security firm. This has generally been interpreted by security firms as a condition to submit the application rather than as a final condition to meet before issuance of the license. The rule changes are necessary to explain the steps and timing for applying for a security guard license and make clear that a security firm is not required to employ an individual during the fingerprint-background phase of the application process.
24.182.516 PROCESS SERVER (1)
AUTH: IMP: 25-1-1101, 25-1-1102, 25-1-1111,
REASON: Changes are made to make the rule less wordy and easier to understand and refer to the entire statute, instead of repeating only a portion of it, as in former (2).
24.182.518 SECURITY ALARM INSTALLER (1) (2) The verifications in (1) are not required to be submitted until after the fingerprint background check is successfully completed but are required as a final condition for the department to issue a license.
AUTH: IMP:
REASON: See reason in ARM 24.182.514. The remaining changes are to reduce wordiness.
24.182.520 (i) through (iv) remain the same. (2) An applicant (3) (a) (b) conduct at least one (4) Instructors may only offer courses in which they have been approved by the
AUTH: IMP:
REASON: The changes in (1) are necessary to reflect SB 454 change of terminology of the instructor license type, and it is more accurate to refer to the license requirements, including fingerprinting authority, in 37-60-303, MCA, rather than to repeat it, or refer to ARM 24.182.501, which would repeat language about the fingerprinting process. Subsection (1)(a) is necessary to strike because SB 454 authorizes firearms instructors to be licensed at the age of 18 rather than 21. Federal 18 USC §922(b) prohibits a firearms dealer to sell or deliver a handgun or handgun ammunition to anyone under 21, but "unlicensed persons" may not sell, deliver, or transfer handgun or handgun ammunition to anyone under 18 with certain exceptions, one of the exceptions being employment. There is no reason to believe at this time that the change from 21 to 18 will have an impact on the scope of practice of the instructor as it relates to federal or state law. In (1)(b), the proposed change necessarily reflects that SB 454 limited the scope of regulation of firearms instructors to only "private security" firearms instructors. It is not necessary to state, as in former (2)(b), what type of proof must be submitted because the documents are prompted to be submitted in the application process. They are not obscure documents; rather they are typical to the industry and are in the possession of the applicant and are not necessary to describe in rule. In (3), it is necessary to strike the words "combat shooting" course because that term is undefined and the only authorized courses an instructor may teach is that defined in ARM 24.182.801, which currently does not use the term. It is assumed that the point of the requirement is for instructor shooting competency. The department does not have the authority to mandate the licensee to offer a course and so, proposes to allow this competency to be redetermined by a recertification process set at a reasonable interval of time.
24.182.525 SECURITY FIRM
(b) the type of ownership organization (individual, partnership, limited liability company, or corporation) and the names and addresses of the owners, partners, members, or principal officers of the organization; (c) the names and contact information for the designated manager, the principal office, and any branch office located in Montana; (d) a list of all types of firearms and weapons that employees will use; and (e) the insurance coverage required by ARM 24.182.405. (2) A security firm must update information provided under this rule within 10 days of any change. (3) A security firm must notify the department within 10 days of the termination of employment of individual security guards or security alarm installers.
AUTH: IMP: 37-60-202,
REASON: The changes in (1), (3), and (5) are necessary to comply with SB 454 related to naming conventions and repeal of the branch office and resident manager requirements. The remaining changes repeal the reference to multiple rule numbers as unnecessary; recognize a conditional rather than a mandatory requirement to register or file with the SOS; require necessary name, ownership, facility, and contact information to be reported; and clarify the duty to report firearms used belongs to the security firm rather than the individual security guard. The notification is typically required in professional licensing for these types of relationships to allow the department to remove that information from the license.
24.182.801 FIREARMS TRAINING COURSES (2) Firearms training courses must address the following issues for initial qualification: (a) and (b) remain the same. (c) relevant Montana law regarding the use of deadly force, including civil and criminal liability; (d) shooting judgment; and (e) shooting proficiency using the firearm or firearms the licensee will use on duty. (3) To requalify, an armed licensee must annually pass a shooting proficiency test conducted by a POST-certified firearms instructor or private security firearms instructor using the firearm or firearms the licensee will use on duty. (4) The instructor must: (a) require passage of a written test for initial qualification; and (b) provide each successful participant for initial qualification and annual requalification a certificate that includes: (i) the date or dates of course completion; (ii) the name of the instructor; (iii) if the course is an initial qualification or an annual requalification; and (iv) the firearm or firearms used to qualify or requalify.
AUTH: 37-60-202, 37-60-303, MCA IMP: 37-60-202, 37-60-303, MCA
REASON: The first sentence in (1) and former (3) repeat provisions in ARM 24.182.520 about approval of the firearm instructor's curriculum and are not necessary to repeat here. Changes in (2) and (3) highlight the distinction between initial qualification and annual requalification made in ARM 24.182.420 and are necessary to reiterate to ensure both firearms instructors and armed endorsement applicants are aware of the distinction and need to qualify with the firearms they will be using on duty. New (3) expresses a tacit expectation for firearms instructors to issue certificates and includes criteria to ensure the department receives necessary and standardized information.
24.182.804 PRIVATE INVESTIGATOR TRAINING PROGRAM (1) To receive experience credit for on-the-job training for licensure as a private investigator, the training must be: (a) conducted under an employer-employee relationship with a private investigator supervisor who is licensed in good standing and without disciplinary action in the past five years; (b) directly supervised to include daily contact and weekly meetings (in person or by videoconference); and (c) documented by the trainee and signed off by the supervisor as directed by a form or online submission to the department on a quarterly basis. (2) The content of the training must include: (a) through (n) remain the same. (3) Both a supervisor and a trainee must notify the department within 10 days of the termination of the trainee's employment.
AUTH: IMP:
REASON: The rule clarifies that supervision may be conducted by videoconference, including supervision from a supervisor licensed in another jurisdiction, thus broadening the training opportunities available for people desiring to become private investigators. It is necessary to include a good standing license requirement for supervisors and a mutual duty to notify of termination of the employment relationship as these are typical provisions associated with various supervisory training relationships in professional licensing.
24.182.807 PRIVATE SECURITY GUARD TRAINING PROGRAM (1) Each private security (a) through (h) remain the same. (i) ethical and legal issues, including, but not limited to: (i) through (iv) remain the same. (v) preservation of crime scene and handling of evidence; (vi) weapons or equipment other than firearms to be carried; and (vi) remains the same but is renumbered (vii). (4) remains the same but is renumbered (2).
AUTH: IMP:
REASON: The changes in (1) clarify that an applicant for a security guard license does not require training to be completed before the application is submitted but can be completed as a condition to final approval and issuance of the license after the criminal background check is complete. New (2)(i)(vi) requires training on weapons other than firearms as it would be a significant omission from the training requirements of security guards. Section (3) is unnecessary to repeat here because the rule only deals with the general security guard license; the firearm endorsement is covered under ARM 24.182.420 as amended.
24.182.810 SECURITY ALARM INSTALLER TRAINING PROGRAM (1) Each electronic security company that employs or intends to employ an individual as a security alarm installer must certify, as (a) through (f) remain the same. (3) remains the same but is renumbered (2).
AUTH: IMP:
REASON: The reason for the change in (1) is explained in changes proposed to ARM 24.182.807(1) as the process and substance is the same for security guards as it is for security alarm installers.
24.182.2301 UNPROFESSIONAL CONDUCT In addition to 37-1-316, MCA and provisions in Title 37, chapter 60, MCA and these rules, the following is unprofessional conduct: (1) remains the same. (2) Committing any act of sexual abuse, sexual misconduct, or sexual exploitation regardless of whether the act is related to the licensee's practice; (3) Violating the Montana Human Rights Act, Title 49, MCA, as determined by the Montana Human Rights Commission; (2) and (3) remain the same but are renumbered (4) and (5). (5) and (6) remain the same but are renumbered (7) and (8). (11) Accepting an assignment from a client that is directly adverse (12) Failing to (13) remains the same. (15) and (16) remain the same but are renumbered (14) and (15). (17) Failing to show proof of licensure upon request of any member of the public or law enforcement agency; and (18)
AUTH: IMP:
REASON: Sections (2) and (3) are routinely added to unprofessional conduct rules for professional and occupational boards and programs to give guidance to licensees and to be able to prosecute misconduct of this kind. The last sentence in former (7) is necessary to strike because it misapplies 37-1-308, MCA in this context. There is no defense or exception to providing misleading information to the department. Former (8) is stricken as it repeats 37-1-316(2) and (8), MCA. Former (10) is covered by failing to meet generally accepted standards of practice at 37-1-316(18), MCA. Section (11) clarifies awkward language involving the conflict of interest at issue between multiple clients on related matters. Section (12) is edited to be less wordy. Section (14) is deleted because it repeats (12) and adds an element of intent in conflict with strict liability of (12). Section (17) is necessary to emphasize the need to demonstrate licensure and is a typical requirement of professional and occupational licensing boards and programs. Section (18) is necessary to clarify that a person may respond in an uncooperative manner.
5. The rules proposed to be repealed are as follows:
24.182.101 BOARD ORGANIZATION
AUTH: 2-4-201, MCA IMP: 2-4-201, MCA
24.182.201 PROCEDURAL RULES
AUTH: 2-4-201, MCA IMP: 2-4-201, MCA
24.182.202 PUBLIC PARTICIPATION
AUTH: 2-3-103, MCA IMP: 2-3-103, MCA
24.182.421 REQUALIFICATION REQUIRED ANNUALLY
AUTH: 37-60-202, 37-60-303, MCA IMP: 37-60-202, 37-60-303, 37-60-405, MCA
24.182.504 MILITARY TRAINING OR EXPERIENCE
AUTH: 37-1-145, MCA IMP: 37-1-145, MCA
24.182.508 NONROUTINE APPLICATIONS
AUTH: 37-1-131, MCA
24.182.509 INACTIVE STATUS AND CONVERSION TO ACTIVE STATUS
IMP: 37-1-319, MCA
24.182.510 APPLICANTS WITH CRIMINAL CONVICTIONS
AUTH: 37-1-131, MCA
24.182.511 PRIVATE INVESTIGATOR TRAINEE
AUTH: 37-1-131, 37-60-202, MCA
24.182.513 RENEWALS
AUTH: 37-1-141, 37-60-202, MCA IMP: 37-1-141, MCA
24.182.519 ALARM RESPONSE RUNNER
AUTH: 37-1-131, 37-60-202, 37-60-303, MCA IMP: 37-1-131, 37-60-202, 37-60-303, 37-60-304, MCA
24.182.523 RESIDENT MANAGER
AUTH: 37-1-131, 37-60-202, 37-60-303, MCA IMP: 37-1-131, 37-60-202, 37-60-303, 37-60-304, MCA
24.182.813 ALARM RESPONSE RUNNER TRAINING PROGRAM
AUTH: 37-1-131, 37-60-202, 37-60-303, MCA IMP: 37-1-131, 37-60-202, 37-60-303, MCA
24.182.2101 STANDARDS FOR CONTINUING EDUCATION
IMP: 37-1-131, 37-1-306, 37-1-319, MCA
24.182.2103 ANNUAL CONTINUING EDUCATION REQUIREMENTS
IMP: 37-1-131, 37-1-306, 37-1-319, MCA
24.182.2105 NON-APPROVED ACTIVITIES
IMP: 37-1-131, 37-1-306, 37-1-319, MCA
24.182.2108 AUDITING OF CONTINUING EDUCATION HOURS
IMP: 37-1-131, 37-1-306, 37-1-319, MCA
REASON: ARM 24.182.101, 24.182.201, 24.182.202, 24.182.508, and 24.182.510 are repealed because without a board, it is no longer necessary to adopt by reference the board organization, procedural rules, public participation rules, nonroutine application rules, and applicants with criminal convictions rules that govern the Department of Labor and Industry and department-administered programs. ARM 24.182.421 is repealed because some of its content unnecessarily repeat statutes that define "armed" and define the renewal process. The remaining content is combined with ARM 24.182.420. ARM 24.182 504 is repealed because rulemaking is no longer required with the passage of Ch. 390, L. 2023 (House Bill (HB) 583), which addresses the elements that were in this rule. ARM 24.182.509 is repealed because only 4 out of 1,935 licensees are in inactive status, or two-tenths of a percent, and is consistent with historical numbers since the rule's enactment in 2017. The justification given for providing an inactive status was to temporarily waive continuing education, insurance, or bond requirements and save costs for licensees who temporarily withdraw from their practices, without an analysis of the demand for the status, how much licensees would save, or costs to the department to administer. See MAR Notice No. 24-182-35. This package repeals continuing education requirements, eliminating the need for a waiver. For the remaining insurance and bond requirements, the cost to administer an inactive status, which is passed on to all licensees, outweighs the benefit for such a small number. For those who temporarily withdraw from practice and want relief from these requirements, the license may be allowed to expire and can be renewed per 37-1-141, MCA, prior to its termination, or after termination by meeting qualifications for licensure and retaking the examination. ARM 24.182.511 is repealed and its contents combined with ARM 24.182.512 and 24.182.804. ARM 24.182.513 is repealed because it is not necessary to repeat 37-1-141, MCA, on renewal of licenses, nor is it necessary to refer to other administrative rules. Section (3) is unnecessary because a new process involving photographic identification cards is proposed in ARM 24.182 403. ARM 24.182.519, 24.182.523, and 24.182.813 are repealed by the repeal in Ch. 481 L. 2023 (SB 454) of alarm response runner and resident manager license types and by extension, related training programs. ARM 24.182.2101, 24.182.2103, 24.182.2105, and 24.182.2108 establishing a requirement, standards, and auditing for continuing education (CE) for all licensees is repealed. The justification provided for adopting this requirement was that 8 hours was "necessary to ensure ongoing competence" for each individual licensee. First, it is clearly a discretionary decision of a board to require CE under 37-1-306,MCA (for boards) and 37-1-420, MCA (for programs without boards). CE requirement is a discretionary decision that should be based on an analysis of evidence specific to the job duties of the license type, deficits in training that can be extrapolated from complaints received from consumers, the availability and cost of continuing education, the costs for the department to administer audits, and professional research into the link between different methods of continuing education and professional outcomes. Lacking any of this evidence, the department proposes to repeal the CE rules and instead, focus efforts on research and seeking professional and public comment of the efficacy of the current training requirements and the qualifications for initial licensure and armed status. These efforts will include analysis of the benefits and burdens of continuing education as it relates individually to private investigators, security guards, and alarm installers. In the meantime, the complaint and disciplinary process will operate as a method to maintain competency in the profession.
6. Concerned persons may present their data, views, or arguments at the hearing. Written data, views, or arguments may also be submitted at dli.mt.gov/rules or P.O. Box 1728, Helena, Montana 59624. Comments must be received no later than 5:00 p.m., September 22, 2023.
7. An electronic copy of this notice of public hearing is available at dli.mt.gov/rules and at sosmt.gov/ARM/register.
8. The agency maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the agency. Persons wishing to have their name added to the list may sign up at dli.mt.gov/rules or by sending a letter to P.O. Box 1728, Helena, Montana 59624 and indicating the program or programs about which they wish to receive notices.
9. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by electronic mail on May 25, 2023.
10. Pursuant to 2-4-111, MCA, the agency has determined that the rule changes proposed in this notice will not have a significant and direct impact upon small businesses. To the extent there may be a business impact, the department expects these rules to assist businesses by decreasing red tape and by simplifying, streamlining, and clarifying business obligations.
10. Department staff has been designated to preside over and conduct this hearing.
Certified to the Secretary of State August 15, 2023.
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