North Carolina § 74C-11 - Probationary employees and registration of regular employees; unarmed security guard required to have registration card.

§ 74C-11. Probationary employees and registration of regular employees; unarmed security guard required to have registration card.

All licensees may employ unarmed security guards as probationary employees for 20 consecutive calendar days. Upon completion of the probationary period and the desire of the licensee to hire an unarmed security guard as a regular employee, the licensee shall register the employee who will be engaged in providing private protective services covered by this Chapter with the Board within 30 days after the probationary employment period ends, unless the Director, in the Director's discretion, extends the time period, for good cause. Before a probationary employee engages in private protective services, the employee shall complete any training requirements, and the licensee shall conduct a criminal record check on the employee, as the Board deems appropriate. The licensee shall submit a list of the probationary employees to the Director on a monthly basis. The list shall include the name, address, social security number, and dates of employment of the employees. Set(s) of classifiable fingerprints on standard F.B.I. applicant cards; recent photograph(s) of acceptable quality for identification; and Statements of any criminal records obtained from the appropriate authority in each area where the employee has resided within the immediately preceding 48 months. A security guard and patrol company may not employ an unarmed security guard in a regular position unless the guard has a registration card issued under subsection (d) of this section. A person engaged in a private protective services profession may not employ an armed security guard unless the guard has a firearm registration permit issued under G.S. 74C-13. The Director shall be notified in writing of the termination of any regular employee registered under subsection (a) of this section within 10 days after the termination. An unarmed security guard shall make application to the Director for an unarmed registration card which the Director shall issue to the applicant after receipt of the information required to be submitted by the applicant's employer pursuant to subsection (a) of this section, and after meeting any additional requirements which the Board, in its discretion, deems to be necessary. The unarmed security guard registration card shall be in the form of a pocket card designed by the Board, shall be issued in the name of the applicant, and may have the applicant's photograph affixed to the card. The unarmed security guard registration card shall expire one year after its date of issuance and shall be renewed every year. The Board may require all registration holders to complete continuing education courses approved by the Board before renewal of their registrations. If an unarmed registered security guard is terminated by a licensee and changes employment to another security guard and patrol company, the security guard's registration card shall remain valid, provided the security guard pays the unarmed guard registration transfer fee to the Board and a new unarmed security guard registration card is issued. An unarmed security guard whose transfer registration application and transfer fee have been sent to the Board may work with a copy of the transfer application until the registration card is issued. Notwithstanding the provisions of this section, a licensee may employ a person properly registered or licensed as an unarmed security guard in another state for a period not to exceed 10 days in any given month; provided the licensee, prior to employing the unarmed security guard, submits to the Director the name, address, and social security number of the unarmed guard and the name of the state of current registration or licensing, and the Director approves the employment of the unarmed guard in this State. Repealed by Session Laws 2005-211, s. 1, effective July 20, 2005. To register an employee after the probationary period ends, a licensee must give the Board the following: History (1979, c. 818, s. 2; 1983, c. 67, s. 2; 1985, c. 597, ss. 8, 9; 1987, c. 657, ss. 4, 5; 1989, c. 759, s. 9; 2001-487, s. 64(f); 2005-211, s. 1; 2007-511, s. 6; 2009-328, s. 7.) Effect of Amendments. - Session Laws 2005-211, s. 1, effective July 20, 2005, in the section heading, substituted "Probationary employees and registration of regular" for "Registration of permanent and temporary"; rewrote subsection (a); in subsection (b), added "in a regular position"; in subsection (c), added "regular" and "of this section" and substituted "the" for "said"; and deleted subsection (f), which read: "Notwithstanding the provisions of this section, a licensee may employ a person as an unarmed security guard for a period not to exceed 30 days in any given calendar year without registering that employee in accordance with this section; provided that the licensee submits to the Director a quarterly report, within 30 days after the end of the quarter in which the temporary employee worked, which provides the Director with the name, address, social security number, and dates of employment of such employee." Session Laws 2007-511, s. 6, effective October 1, 2007, in subsection (d), made minor stylistic changes, substituted "the applicant's employer" for "his employer" and inserted "of this section" in the first sentence, substituted "affixed to the card" for "affixed thereto" in the second sentence, and inserted the fourth sentence. Session Laws 2009-328, s. 7, effective October 1, 2009, inserted "consecutive" in the first sentence of the first paragraph of subsection (a).