Board of Examiners of Private Investigative, Private Security and Armored Car Agencies; composition, qualifications, terms, vacancies; suspension or removal; compensation.

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(a) The Delaware Board of Examiners of Private Investigative, Private Security and Armored Car Agencies shall administer and enforce this chapter.

(b) The Board is composed of the following members:

(1) The Superintendent;

(2) The Attorney General;

(3) Three members of the public who are residents of the State;

(4) Two members who are:

a. Licensed under this chapter;

b. Engaged for a period of 3 consecutive years as the owner or operator of a private investigative agency;

(5) Two members who are (i) licensed under this chapter; (ii) engaged for a period of 3 consecutive years as the owner or operator of a private security agency; or the owner or operator of an armored car agency.

(c) No person shall be eligible for appointment as a public member if the person or his or her spouse:

(1) Holds a license issued by a professional regulatory agency in the field of private security;

(2) Serves as an employee or within a management role at a business entity or other organization related to the field of private security, private investigative, or armored car agency;

(3) Holds a financial interest in a business entity or other organization related to the field of private security, private investigative, or armored car agency.

(d) No member of the Board may be an officer, employee or paid consultant of a trade association in the private security, private investigative or armored car industry. For the purpose of this section, “trade association” shall mean a nonprofit, cooperative, voluntarily joined association of business or professional competitors that is designed to assist its members and its industry or profession in dealing with mutual or professional problems in promoting their common interests.

(e) The Governor may suspend or remove a public member of the Board for failure to hold or maintain qualifications for appointment; failure to attend at least half of the regularly scheduled meetings held within a calendar year; and any misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty.

(f) The provisions of the State Employees', Officers' and Officials' Code of Conduct set forth in Chapter 58 of Title 29 apply to the members of the Board.

(g) Members serving by virtue of position may appoint a designee to serve in their stead and at their pleasure. All other members shall be appointed by the Governor for terms up to 3 years in order to continue a staggered basis so that no more than 3 members' terms shall expire in a year.

(h) Members not serving by virtue of position shall receive compensation at the rate of $50 per meeting attended; provided, however, no member shall receive compensation for the year in excess of $1500.


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