§ 5-57-16 - Experience or examination requirements.
SECTION 5-57-16
§ 5-57-16 Experience or examinationrequirements. – (a) Every alarm business shall meet either the experience requirement ofsubsection (c) of this section or the examination requirement of subsection (f)of this section before it may engage in the alarm business.
(b) Applicants engaged in the alarm business on September 1,1977 have three (3) months from the date of conditional approval of their alarmbusiness application by the licensing authority to comply with the examinationrequirements of this section; provided, that if within that time the applicantis unable to engage an individual meeting the requirements of subsection (f) ofthis section, the licensing authority may for good cause shown, extend for areasonable time, not to exceed ninety (90) days, the period within which theapplicant shall comply with this section. Upon satisfactory completion of theexamination, procedures, content, and passing scores for which are establishedin rules and regulations, the licensing authority shall lift its conditionalapproval and grantits full approval of the company licensed to do business.Applicants who do not take the examination must satisfy the experiencerequirement required by subsection (c) of this section.
(c) Experience requirement: In order to comply withthis requirement, at least one individual who is an owner, officer, partner,manager, or employee of the applicant shall establish that he or she wasengaged or was employed in an alarm business in sales, installation or servicefor an aggregate period of three (3) years prior to the filing of theapplication. That individual shall file with the licensing authority swornstatements relating to the foregoing facts of at least two (2) citizens of thecommunity or communities in which that individual was so engaged or employed.The individual whom the applicant relies upon to comply with this subsection isrequired to devote a substantial portion of his or her time to engaging inand/or supervising the sale, installation, or servicing of alarm systems onbehalf of the applicant.
(d) For the purposes of the three (3) year experiencerequirement of subsection (c) of this section, employment by or engagement inan alarm business in one or more communities within the state may beaggregated. In the event that the individual whom the applicant relies upon tocomply with subsection (c) of this section must aggregate his or her pastexperience in the alarm business in two (2) or more states, the individual mustsubmit sworn statements of two (2) or more citizens of each state or states asto that experience.
(e) If the licensing authority determines that the applicanthas not satisfactorily complied with subsection (c) of this section or that theprior experience of the individual whom the applicant relies upon to complywith subsection (c) of this section is not sufficient to permit the applicantto engage in the alarm business, it may require the applicant to comply withsubsection (f) of this section.
(f) Examination requirement: The licensing authorityshall prepare and administer at least twice annually an examination orexaminations designed to measure an individual's knowledge and competence inthe alarm business. It may administer separate examinations to test anindividual's knowledge and competence with respect to the type and nature ofthe alarm business in which the applicant proposes to engage. The individualwho qualifies under this subsection shall be required to devote a substantialportion of his or her time to engaging in and/or supervising the sale,installation, or servicing of alarm systems on behalf of the applicant.
(g) In the event that the individual whom the applicantrelies upon to comply with subsection (c) of this section or to qualify undersubsection (f) of this section within a period of three (3) years after thatcompliance or qualification for any reason ceases to perform his or her dutieson a regular basis, the alarm business shall promptly notify the licensingauthority by certified mail and shall make every effort to promptly obtain asubstitute eligible individual acceptable to the licensing authority. If thealarm business fails to obtain a substitute eligible individual within six (6)months from and after the disqualification of the licensee, the licensingauthority may revoke the alarm business license or, for good cause shown, mayextend for a reasonable time the period for obtaining a substitute qualifyingindividual or the licensing authority may determine, based upon the experienceand performance of the alarm business, that the alarm business does not need toobtain a substitute qualifying individual.