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

   1. (a) is not required to apply for an initial certification under Subsection (4); and
   2. (b) retains the private law enforcement agency's certification, unless the commissioner revokes the certification in accordance with this chapter.

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

   1. (a) is required to apply for initial certification under Subsection (4); and
   2. (b) retains the private law enforcement agency's certification, unless the commissioner revokes the certification in accordance with this chapter.

4. (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:

   1. (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;
   2. (b) the command structure for the proposed private law enforcement agency;
   3. (c) the private law enforcement agency's proposed policies and procedures manual; and
   4. (d) any other information required by the commissioner, by a rule described in Section 53-19-103.
5. (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. (6) The commissioner shall:

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

      1. (i) the application is complete;
      2. (ii) the proposed policies and procedures manual complies with Section 53-19-203, including the rules described in Section 53-19-103;
      3. (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
      4. (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
   2. (b) advise and consult with the applicant to cure any barriers to obtaining certification.

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

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

      1. (i) complies with the provisions described in Subsections (6)(a)(i) through (iii); and
      2. (ii) proves, by clear and convincing evidence, that the reasons for the previous revocation will not reoccur; and
   2. (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