500 KAR 3:020. Filing and processing SLPO commissions.

      RELATES TO: KRS 61.360

      STATUTORY AUTHORITY: KRS. 13A.100, 15A.160

      NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation states the criteria and procedures for filing and processing applications for special local peace officer commissions.

      Section 1. Qualifications to Apply for Commission as a Special Local Peace Officer. To qualify for a commission as a special local peace officer, an individual shall present satisfactory evidence of compliance with the conditions and requirements set forth in KRS 61.360.

      Section 2. Application for Commission as a Special Local Peace Officer. Applications from the property owner or his authorized agent shall be sent to the Justice Cabinet SLPO program administrator and comply with the following requirements:

      (1) Applicants shall meet all of the requirements of KRS 61.360 before a commission shall be granted. Each individual who qualifies may hold additional commissions for different property locations, but may only be commissioned in his residential county.

      (2) The applicant shall complete two (2) notarized applications with the necessary information as specified therein and in these administrative regulations. The property owner or his agent whose property is being protected shall be listed as indicated on the application. A certified copy of the applicant's birth certificate, along with two (2) recent photographs of the individual (full face approximately three (3) inches by five (5) inches and taken within the last thirty (30) days of the date the application is submitted) and the application fee shall be attached to the applications. If the applicant is a veteran, a copy of his military release (Form DD-214) shall also accompany the applications. The application forms shall be signed by the property owner or his agent.

      (3) The ten (10) dollar application fee is nonrefundable and shall be in the form of a check or money order made payable to the Kentucky State Treasurer.

      (4) All arrests and convictions including traffic offenses, violations, misdemeanors or felonies shall be provided as requested on the application. Any false, misleading, or withholding of information requested on the application or by the Justice Cabinet investigator, shall be grounds for rejection without further consideration. The applicant's affidavit shall be signed and notarized.

      (5) The applicant shall supply the necessary information to the SLPO program administrator for criminal history information record review. The applicant shall provide his name and detailed personal description.

      (6) If the applicant's fingerprints are not on file with the Kentucky State Police Criminal Record Section, the SLPO program administrator shall make arrangements to have the applicant fingerprinted.

      (7) The application shall contain the Authority to Release Information Form which allows the release of all necessary information to the SLPO program administrator. It shall be signed by the applicant and notarized or may be witnessed by a Justice Cabinet official. The applicant shall also sign the Acknowledgment Notice Form which indicates he has received a copy of the SLPO Act and that he acknowledges that his authority is limited and restricted under the Act, that it does not give him the right or authority to carry a concealed weapon off the premises of the said property.

      (8) A Letter of Intent Form shall be filed with each application by the property owner or his agent giving the name of applicant and the specific private property to be protected. This letter is to accompany the application forms for SLPO initial application or renewals.

      (9) The applicant shall arrange for an interview with the SLPO program administrator.

      (10) All SLPO officers shall be familiar with the provisions of the SLPO Act (KRS 61.360), the administrative regulations pursuant thereto, and the penalties imposed for violating the SLPO Act and its administrative regulations. In addition, the officers shall be familiar with KRS 61.300, 61.991(2), 62.010 and 62.990.

      (11) If the application is defective or in conflict with the SLPO Act or administrative regulations, the application shall be returned to the property owner or his agent. If the application can be corrected, it may be resubmitted at no additional cost if it is resubmitted within sixty (60) days of the original submission date.

      Section 3. The Grant of the Commission and the Required Oath of Office. A commission for a special local peace officer shall be validated and granted as follows:

      (1) When the applicant has successfully satisfied the requirements of the act, a commission certificate and a recommendation is forwarded by the SLPO program administrator to the secretary for review. After the commission is issued by the secretary, a copy of the commission shall be placed in the officer's file.

      (2) When a commission is granted, the commission and the applications shall be forwarded by the Justice Cabinet to the property owner or his agent whose property is to be protected. The appointed applicant shall promptly take both applications to the county clerk in the county where the applicant is to serve and shall take the constitutional oath of office within thirty (30) days after notice of appointment. The county clerk shall then complete and sign the clerk's attestation on the applications and retain one (1) copy for filing purposes in the county clerk's office in accordance with the statute. The applicant shall return the second application signed by the clerk to the property owner or his agent. The property owner or his agent shall then return the second copy of the application to the Justice Cabinet SLPO program administrator for the purpose of indicating that the oath was administered and that it is filed with the county clerk. The property owner or his agent shall be allowed thirty (30) days to arrange for the appointed applicant to take the oath of office and return the application to the Justice Cabinet program administrator, otherwise, the commission shall be revoked in accordance with KRS 62.010 and 62.990. The commission certificate shall be kept by the property owner or his agent so long as the officer is employed or until such time that his authority is terminated by action of the property owner or his agent and/or the Justice Cabinet Secretary.

      (3) The SLPO Commissions are issued for a period of two (2) years, provided that the officer continues to meet all statutory and regulatory criteria.

      (4) When the SLPO officer has taken the constitutional oath of office, the property owner or his agent shall issue an identification card which is to be carried by the SLPO officer whenever he is acting under the authority of KRS 61.360. The identification card shall be presented as required by any duly sworn peace officer or Justice Cabinet official and is subject to control by the Justice Cabinet. If for any reason a SLPO officer is terminated or otherwise relieved of his duties as a SLPO officer by the property owner or his agent or the Justice Cabinet, he shall immediately return this identification card to the officer's property owner or his agent who shall return the same to the SLPO program administrator.

      (5) A notice shall be forwarded to the property owner or his agent concerning any officer whose appointment has been suspended or revoked by the secretary. The property owner or his agent shall maintain current files and make renewal applications at least thirty (30) days prior to the commission's expiration date.

      (6) The SLPO commission certificate shall be held by the property owner or his agent and shall be available for inspection by the Justice Cabinet program administrator or his designee. The commission certificate remains the property of the Justice Cabinet and is to be returned upon the officer's authority being withdrawn for any reason.

      Section 4. Renewals. A letter of intent from the property owner or his authorized agent stating a request to renew a commission and a new set of applications for each individual involved shall be filed with the Justice Cabinet program administrator at least thirty (30) days before the expiration date of the existing commission. The applicant for renewal shall undergo a background investigation to bring his records up-to-date.

      Section 5. The Property Owner or his Agent Employing SLPO Officers - Records, Reports and Responsibility. Each property owner, his agent, or each agency employing SLPO officers shall keep his files current as to the expiration date on each officer's commission and as follows:

      (1) The property owner or his agent shall keep the individual officer's commission certificates on file, to be returned to the Justice Cabinet upon termination of the officer and/or his authority.

      (2) The property owner or his agent shall post a copy of these administrative regulations and a copy of KRS 61.360 and 61.990 in a conspicuous location in any office or building that is designated security headquarters for persons operating as SLPO officers.

      (3) Complaints or unusual incidents involving SLPO officers shall be handled by the property owner or his agent whose private property is being protected by the SLPO officer involved. However, the property owner or his agent shall notify the Justice Cabinet SLPO program administrator by direct verbal communication within twenty-four (24) hours of any reported incident involving any act as enumerated in KRS 61.360(1)(c) by any of its SLPO officers. A written report shall be filed with the SLPO program administrator, within thirty (30) days of the original oral report, setting forth the details of the incident and listing any action taken by the property owner or his agent. If formal charges are pending, the property owner or his agent shall advise the SLPO program administrator as to the specific charge(s), trial dates and the final disposition of the charge(s).

      (4) The property owner or his agent shall mail a current list of all active SLPO personnel to the SLPO program administrator by June 30 each year.

      (5) The property owner or his agent shall issue each SLPO officer an identification card upon the individual's appointment. The identification card shall be billfold size (approximately two and one-fourth (2 1/4) inches by three and one-half (3 1/2) inches) and shall be composed as follows: contain on one (1) side a reduced copy of the officer's commission certificate (reduced by photographing or other method); and, on the other side contain a full-faced photograph of the officer, along with his name, date of birth, Social Security number and his signature. The identification card shall be encased in plastic.

      (6) The property owner or his agent shall be responsible for obtaining the identification card from any officer terminated and remitting the same to the SLPO program administrator for destruction.

      Section 6. Violations. All property owners, agents or agencies utilizing SLPO's shall be subject to inspection and investigation by the Justice Cabinet as circumstances may warrant for possible violations. Violations may result in prosecution and/or recommendation to the Secretary of Justice that the commission affected directly or indirectly be revoked.

      Section 7. Revocation or Suspension of SLPO Commissions. If it is determined by the program administrator that KRS 61.360 of the SLPO Act applies to any active SLPO commissioned officer, the program administrator shall notify the secretary who shall revoke or suspend the commission of any special local peace officer whenever he shall determine:

      (1) That the commission-holder does not meet, or no longer meets the requirements and conditions for the commission; or

      (2) That the commission-holder has knowingly falsified an application or portion thereof, or has knowingly made any false or misleading statement of a material fact to the secretary or agents or officers thereof; or

      (3) That the commission-holder has violated any statute, rule, administrative regulation or order of the secretary, the violation of which the secretary determines to bear a reasonable relationship to eligibility for the commission. The SLPO program administrator shall notify the property owner or his agent involved to return the commission of the SLPO officer involved to the SLPO program administrator for the Justice Cabinet. The property owner or his agent responsible for the SLPO officer shall forward a letter to the SLPO officer involved stating that his commission has been revoked or suspended and that he shall immediately return the SLPO identification card to the property owner or his agent who shall forward the card to the SLPO program administrator. The program administrator shall notify the county clerk in the officer's county of jurisdiction whenever a SLPO officer's commission has been suspended or revoked.

      Section 8. Procedures for Investigating Complaints or Unusual Incidents Involving SLPO Officers. (1) Complaints or unusual incidents involving SLPO officers shall be handled by the property owner or his agent whose private property is being protected by the SLPO officer involved. The property owner or his agent shall be responsible for notification to the Justice Cabinet of any/all incidents involving their SLPO personnel as indicated herein.

      (2) However, the Justice Cabinet program administrator or other assigned officers may investigate any and all complaints or unusual incidents involving SLPO officers, if there is reason to believe the provisions of KRS 61.360 or other applicable laws have been violated and an investigation is necessary.

      (3) Any investigation conducted by the Justice Cabinet shall become part of the official record of the SLPO officer involved. (13 Ky.R. 453; Am. 627; eff. 9-4-86.)