14B NCAC 16 .0103          DEFINITIONS

In addition to the definitions set forth in G.S. 74C, the following definitions shall apply throughout this Subchapter:

(1)           "Agency Head" means the Chairman of the Board.

(2)           "Applicant" means any person, firm, or corporation applying to the Board for a license, trainee permit, registration, or firearms trainer certificate.

(3)           "Armed Security Guard" means an individual employed, full time or part time, by a contract security company or a proprietary security organization:

(a)           who at any time wears, carries, or possesses a firearm in the performance of his or her duties; and

(b)           whose principal duty is that of:

(i)            an armed security guard, officer, patrol, or watchman;

(ii)           an armed armored car service guard; or

(iii)          an armed courier service guard.

(4)           "Board" means the Private Protective Services Board established by G.S. 74C.

(5)           "Branch Manager or Operator" means the individual endowed with the responsibility and liability for a branch office.

(6)           "Branch Office" means a separate but dependent part of a central organization engaged in the business of providing private protective services established for the purpose of extending the activities of the central organization. The establishment of a telephone number or mailing address in the company name constitutes prima facie evidence of a branch office. If an out-of-state person, firm, association, or corporation opens an office in North Carolina, the North Carolina office shall be deemed the principal place of business and shall have a resident licensed qualifying agent.

(7)           "Chairman" means the Chairman of the Private Protective Services Board.

(8)           "Contract Security Company" means any person, firm, association, or corporation engaging in a private protective services business as defined in G.S. 74C-3 that provides the services on a contractual basis for a fee or other valuable consideration to any other person, firm, association, or corporation.

(9)           "Direct Supervision" means personal, face-to-face contact and direction of the trainee's activities on a frequent and reasonable basis based upon the trainee's level of experience.

(10)         "Investigative Capacity" means any law enforcement agency position for which the duties include conducting investigations and interviews, completing reports, and testifying in courts, administrative hearings, or military tribunals.

(11)         "Law Enforcement Officer" means a sworn peace officer who has the power of arrest, and who is an employee of the United States, any state, or any political subdivision of a state.

(12)         "Licensee" means any person licensed to perform private protective services in North Carolina in accordance with G.S. 74C.

(13)         "Proprietary Security Organization" means any person, firm, association, corporation, or department that employs watchmen, security guards or "officers," patrol personnel, or couriers in connection with the business affairs of the employer.

(14)         "Qualifying Agent" means the individual licensee who is responsible for the private protective services business. If the licensee maintains an office in North Carolina, the Qualifying Agent must be a resident of North Carolina.

(15)         "Registered agent" means the individual resident of North Carolina designated by the business entity in lieu of the Qualifying Agent as allowed by G.S. 74C-8(c)(1) who may be, but is not required to be, the registered agent required by G.S. 55D-30.

(16)         "Restored" means that an individual is no longer in need of psychiatric care as determined by a physician.

(17)         "Temporary unarmed security guard" means an individual who is hired for a period of 30 days or less within a calendar year and who is designated by his or her employer as a temporary security guard at the start of employment.

History Note:        Authority G.S. 74C-3; 74C-5; 74C-8;

Eff. June 1, 1984;

Amended Eff. October 1, 2013; August 1, 1998; May 1, 1988; July 1, 1987;

Transferred and Recodified from 12 NCAC 07D .0104 Eff. July 1, 2015;

Readopted Eff. August 1, 2020;

Amended Eff. January 1, 2023; March 1, 2022.