Mo. Code Regs. Ann. tit. 17, § 10-2.060
Regulation, Suspension, and Revocation
Effective Aug 30, 2013section 84.720, RSMo 2000.* Original rule filed Dec. 5, 1979, effective March 17, 1980. Amended: Filed May 3, 1988, effective Sept. 29, 1988. Rescinded and readopted: Filed May 28, 1993, effective Jan. 31, 1994. Rescinded and readopted: Filed Dec. 15, 1999, effective Aug. 30, 2000. Rescinded and readopted: Filed March 14, 2013, effective Aug. 30, 2013. *Original authority: 84.720, RSMo 1939, amended 1943, 1993Kansas City Board of Police Commissioners
PURPOSE: Under section 84.720, RSMo, the Board of Police Commissioners of Kansas City, Missouri (board) shall regulate individuals providing private security/proprietary private investigative services. Pursuant to this authority, the board has the power to suspend, impose a fine, order probation, or revoke any license granted by it and is obligated to furnish an appeal process for any license so affected. (1) The board may monitor and investigate allegations of improper conduct and the activities of individuals providing private security and proprietary private investigative services and firms, companies, partnerships, entities, or political subdivisions providing security services or proprietary private investigative services pursuant to these rules.
- (2) All licenses shall expire one (1) year from the date of initial issuance. For licenses renewed after their expiration date, the licensee will be processed as a new applicant.
- (3) A licensee must carry his/her license with him/her at all times while they are working. The license card must be worn on the outermost garment while on duty. The licensee must produce such license immediately at the request of a police officer; employee of the board; or person that the licensee has stopped or detained, if the licensee holds a license which allows him/her to stop and detain persons.
- (4) The Private Officers Licensing Unit (POLU) will approve in advance all uniforms to be worn by any licensee. No uniform identical to or bearing resemblance to any uniform used by the department shall be approved. Additionally, no uniforms, badges, or other insignia using the word “police” shall be approved for use, except as provided in 17 CSR 10-2.030(1)(A)4. Companies licensed under this chapter shall provide the board a description, including the type and color of the company uniform along with a photograph of the uniform. The company name must appear on the uniform or a patch and the word “security” must also appear on the uniform or patch. The word “security” must be clearly displayed on the outermost clothing to be worn by the licensee.
- (5) Individuals providing private security services or proprietary private investigative services are required to file a discharge of firearms report with the board within five (5) days of the incident whenever they discharge a firearm in the course of their occupation, other than formal firearms training.
- (6) Individuals providing private security services or proprietary private investigative services are required to notify the POLU when they are arrested or have court cases pending within five (5) days of the incident.
- (7) No person licensed under these provisions shall divulge to any unauthorized person or company any information or knowledge received from the department or any source when the divulgence would be detrimental to effective law enforcement. Under no circumstances may any records received from the department, whether generated by computer or otherwise, be accessed for personal use.
(8) The chief of police or his/her designee may impose a fine, order probation, order a suspension, or revoke a license of any company granted under section 84.720 of the Revised Statutes of Missouri pursuant to the procedures set forth in section (10) of this rule, when there exists information that the licensee or, if the licensee is an organization, any of its officers, directors, partners, or associates has—
- (A) Failed to meet the qualifications in 17 CSR 10-2.020(3);
- (B) Failed to maintain the physical and mental standards required of department police officers;
- (C) Failed to understand and perform the duties and responsibilities of a licensee;
- (D) Been convicted of a felony or a misdemeanor in federal or state court;
- (E) Failed to be of good moral character by having a felony conviction, misdemeanor conviction, or city ordinance conviction, an essential element of which is fraud, dishonesty, an act of violence, bribery, illegal drug use, sexual misconduct, and other similar acts constituting moral turpitude as defined by the common law of Missouri except that city ordinance convictions involving driving while intoxicated or driving under the influence of alcohol or drugs will be considered on a case-by-case basis;
- (F) For armed licensees, been named as the respondent in a full order of protection currently in effect issued after a hearing by a court of competent jurisdiction;
- (G) Failed to meet the standards as set out herein;
- (H) Made a false statement or given any false information in connection with an investigation by the POLU or the department;
- (I) Provided other facts or actions which demonstrate that the applicant is unsuitable or ineligible to continue to hold a license; and
- (J) Being terminated from or resigning under investigation or threat of discharge from the department shall make an individual ineligible for a license, but s/he may appeal to the board pursuant to the appeal process contained in this chapter.
- (9) Any fine imposed by the chief of police shall not exceed the sum of five thousand dollars ($5,000). No suspension shall exceed ninety (90) days except that a suspension which is challenged and pending before a court of competent jurisdiction will continue in effect until a final judgment by a court of competent jurisdiction unless the court has issued a stay.
(10) When the chief of police or his/her designee determines that a license granted pursuant to section 84.720 of the Revised Statutes of Missouri shall be suspended or revoked, the following procedures shall apply:
- (A) Notice of fine, probation, suspension, or revocation shall be mailed to the licensee and their company at the address maintained in the Private Officers Licensing Unit (POLU); 17 CSR 10-2
(B) Notice of suspension or revocation shall be signed by the chief of police or his/her designee and shall indicate—
- 1. The decision to suspend or revoke;
- 2. The reason(s);
- 3. Duration of the suspension, if deter-
minable;
- 4. Condition of reinstatement, if any;
and
- 5. A description of the appeal process;
- (C) Upon receipt of a notice of fine, suspension, or revocation, the individual or organization affected may request a review of the action of the POLU by filing a notice of appeal, in writing, with the POLU within thirty (30) business days of the dated written notification of suspension or revocation at 635 Woodland, Suite 2104, Kansas City, MO 64106;
- (D) In the case of an appeal, the discipline initially assessed will continue in effect until and unless it is reversed or amended by the board;
- (E) In the event of an appeal, the case shall be submitted to the board solely on the record. The record shall consist of all documentary evidence obtained by or submitted to the chief of police or the POLU by the parties, any agreed upon statement of the case agreed to by all the parties, and the legal briefs as might be filed by the parties or their representatives. Individuals or organizations denied a license upon application may appeal to board pursuant to this section; and
- (F) The chief of police or his/her designee may place a licensee on probation in lieu of a fine, suspension, or revocation.
AUTHORITY: section 84.720, RSMo 2000.* Original rule filed Dec. 5, 1979, effective March 17, 1980. Amended: Filed May 3, 1988, effective Sept. 29, 1988. Rescinded and readopted: Filed May 28, 1993, effective Jan. 31, 1994. Rescinded and readopted: Filed Dec. 15, 1999, effective Aug. 30, 2000. Rescinded and readopted: Filed March 14, 2013, effective Aug. 30, 2013. *Original authority: 84.720, RSMo 1939, amended 1943, 1993.