Employee Requirements of the Private Security Business and Security Alarm Act

Employee Rosters: Licensees must compile and maintain complete records of all employees and file a complete employee roster with the Department on a quarterly basis. The rosters must be filed with the Department by April 15, July 15, October 15, and January 15 for the immediately preceding quarter. Section of the Act: MCL 338.1067(3).

The Worksheet for Employee Rosters form for security guard agency licenses or branch licenses may be accessed on the Department’s website by clicking here. A more detailed listing of the information the quarterly employee rosters must include may also be accessed on the Department’s website by clicking here.

Suspension and Non-Renewal of License: Failure to submit accurate employee rosters to the Department may result in suspension of the license. Additionally, the Department will not process a license renewal application if a licensee has not submitted quarterly rosters for the preceding 2-year license period. Section of the Act: MCL 338.1067(3). 

Misdemeanor for Mispresentations: A licensee that falsely represents that an individual is employed by the licensee constitutes sufficient cause to revoke the license. Section of the Act: MCL 338.1067(4). 

Accountability for Employee Misconduct: Licensees are accountable for the good conduct of each person they employ to assist in their security business work. Section of the Act: MCL 338.1067(1). 

Requirements for Employees: An employee hired by a licensee after June 21, 2002, must meet the qualifications outlined in section 6(1) (c), (e), (j), and (k) discussed in the disqualifying events below, be at least 18 years of age and have at least a high school diploma, GED, or its equivalent. Section of the Act: MCL 338.1067(2).

Disqualifying Events: An employee may not have:

1. Been convicted of a felony, MCL 338.1056(1)(c); 
2. Been convicted of offenses listed in MCL 338.1060(1)(c) in the 5-year period preceding the date of the employee’s application, involving the following: 
   • Dishonesty or fraud;
   • Unauthorized divulging or selling of information or evidence; 
   • Impersonation of a law enforcement officer or employee of the United States, the State of Michigan, or a political subdivision of the State of Michigan; 
   • Illegally using, carrying, or possessing a dangerous weapon; 
   • Two or Manufacturing, creating, delivering, or possession of controlled substances under the public health code; andmore alcohol related offenses;
   • Assault.
3. Been adjudged insane, unless he or she has been adjudged restored to sanity by court order, MCL 338.1056(1)(j); and 
4. An outstanding warrant for his or her arrest, MCL 338.1056(1)(k). 

Specific controlled substances provisions of the Public Health Code may be accessed by clicking here. 

Licensee Ensures Employee Meets Requirements: A licensee is responsible for ensuring that its employees meet the requirements of the Act. Neither the Department, the Department of State Police, nor the Federal Bureau of Investigation (FBI) will make a determination of an employee’s qualifications.

Unqualified Employees: It is a violation of the Act for a licensee to knowingly employ any person who fails to meet the requirements of section 17 of the Act.). The requirements and disqualifying events are listed above. In addition, an individual who falsely represents that they are employed by a licensee is guilty of a misdemeanor punishable by imprisonment for up to 93 days or a fine of up to $500,00, or both. Sections of the Act: MCL 338.1068(1), MCL 338.1067 & MCL 338.1067(5).

Employee Applications and Record Retention: A licensee must request that the Department of State Police conduct a background check on every prospective employee who will be a direct provider of the security business based on a name check. A licensee must obtain a complete and signed employment application for all persons for who a name check is requested and conducted. A licensee must keep the application for at least one (1) year from the date it was received. Section of the Act: MCL 338.1068(4).

Preliminary Background Check Procedure (Before Fingerprinting): A licensee may request that the Department of State Police conduct a name check in writing, electronically, or by telephone. The licensee must pay a $15.00 fee for the name check, which must be completed within 3 days after receipt of a written request and within 24 hours after receipt of a telephone or electronic request. Once the Department of State Police issues a provisional clearance based on a name check, a licensee may allow the employee to be employed as a security guard for up to 90 days pending final clearance of the fingerprint background checks. Section of the Act: MCL 338.1068(4).

Fingerprinting and Background Checks: A licensee must fingerprint all prospective employees if the prospective employee will be a direct provider (e.g., a security guard or security alarm system agent) of the security business. Once obtained, the licensee must submit the fingerprints, along with the applicable fee(s), to the Michigan Department of State Police and the Federal Bureau of Investigation (FBI) for a state and national criminal history background check. A licensee may not employ a person to be a direct provider of the security business before that person’s fingerprints have been submitted to the Department of State Police. Section of the Act: MCL 338.1068(2).

Fingerprinting Locations: The prospective employee’s fingerprints may be taken by a governmental vendor, or a private vender determined by the Department of State Police to be qualified to take fingerprints. A licensee may only take fingerprints if the licensee has obtained training in taking fingerprints from the Department of State Police, a local law enforcement agency, or another qualified party. A listing of private and governmental fingerprinting live scan vendors may be accessed on the Department of State Police’s website by clicking here. Section of the Act: MCL 338.1068(3).

Misdemeanor: It is a misdemeanor for a licensee or the licensee’s employee to use a name check or the results of a name check for a purpose other than prospective employment, punishable by imprisonment for not more than 93 days, a fine of not more than $1,000.00, or both. Note that the Department does not have the authority to enforce the criminal provisions of the Act, but it routinely makes referrals of suspected criminal activity to law enforcement agencies with that authority. Section of the Act: MCL 338.1068(4). 

A license issued under the Act may not be transferred or assigned by a licensee to another individual or entity; the license is personal to the original licensee. Section of the Act: MCL 338.1065.