53-19-201. Certification of private law enforcement agency.

455 words·~2 min read·/ut/title-53/chapter-19/53-19-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/5/2021

(1)A private institution of higher education may operate a private law enforcement agency if the private law enforcement agency is certified by the commissioner.

(2)A private law enforcement agency certified before May 5, 2021:

(a)is not required to apply for an initial certification under Subsection

(4); and

(b)retains the private law enforcement agency's certification, unless the commissioner revokes the certification in accordance with this chapter.

(3)A private law enforcement agency that is not certified before May 5, 2021:

(a)is required to apply for initial certification under Subsection

(4); and

(b)retains the private law enforcement agency's certification, unless the commissioner revokes the certification in accordance with this chapter.

(4)To receive initial certification for a private law enforcement agency, the private institution of higher education seeking the certification shall submit to the department an application for certification, designed by the department, that includes:

(a)a description of the proposed private law enforcement agency, including the number of officers that the private law enforcement agency intends to initially employ;

(b)the command structure for the proposed private law enforcement agency;

(c)the private law enforcement agency's proposed policies and procedures manual; and

(d)any other information required by the commissioner, by a rule described in Section 53-19-103 .

(5)The department shall, within 90 days after the day on which the department receives a completed application for certification described in Subsection

(4), grant or deny the application.

(6)The commissioner shall:

(a)grant an application for certification of a private law enforcement agency, if:

(i)the application is complete;

(ii)the proposed policies and procedures manual complies with Section 53-19-203 , including the rules described in Section 53-19-103 ;

(iii)the proposed private law enforcement agency will be organized and operated in a manner that is consistent with the requirements of law, the requirements of administrative rules, and best practices; and

(iv)the private institution of higher education submitting the application has never had certification of a private law enforcement agency revoked by the commissioner; and

(b)advise and consult with the applicant to cure any barriers to obtaining certification.

(7)The commissioner shall grant an application for certification of a private law enforcement agency whose certification was previously revoked if:

(a)the private institution of higher education applying for certification:

(i)complies with the provisions described in Subsections (6)(a)(i) through

(iii); and

(ii)proves, by clear and convincing evidence, that the reasons for the previous revocation will not reoccur; and

(b)the application is filed at least one year after the day on which the certification was revoked.

Enacted by Chapter 349 , 2021 General Session