Texas PI Licensing Managers Exam Prep Correct 100%

Define: Client - Answer (1) Client-Any person, individual, firm, association, company, partnership, corporation nonprofit organization, institution, or similar entity, having a contract which authorizes services to be provided in return for financial or other considerations. (Administrative Rules Chapter 35, Subchapter A Definitions) Define:Conflict of interest - Answer (2) Conflict of Interest - A conflict or the appearance thereof, between the private interests and public obligations of an individual, organization, or other legal entity authorized to conduct business pursuant to the Act. (Administrative Rules Chapter 35, Subchapter A Definitions) Define Board - Answer (3) Board- Means the members appointed by the Governor to serve as the governing body of the Texas Private Security Board or the staff serving the administration/enforcement needs of that entity. Define Contract - Answer (4) Contract--An agreement between a person or company licensed under this Act and a client. Such contracts may be oral or written, or in any combination thereof. Define Conviction - Answer (5) Conviction--Any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendre, or pronouncement of guilt by judge or jury, and any suspended sentence, judgment, or community supervision, including those judgments of community supervision that have been dismissed or convictions that have been set aside. Define Curriculum - Answer (6) Curriculum--The collective, written documentation of the material content of a training course, or any particular phase of training prescribed by the Act, minimally consisting of course objectives, student objectives, lesson plans, training aids, and examinations. Define Licensee - Answer (7) Licensee--Any person defined in the Act that has been granted a license, registration or security officer commission or has filed an application for a license, registration or security officer commissioned by or with the Texas Private Security Board. The Term "The Act" refers to - Answer (8) Act--Title 10, Chapter 1702, Texas Occupations Code as amended by the Texas Legislature. Define Shareholder - Answer (9) Shareholder--Means any individual holding stock in a licensee who is actively involved in the normal course of operation and business of the licensee and shall not include those individuals who hold stock in the licensee solely for the purposes of investment. Define Advertisement - Answer (10) Advertisement--For purposes of §35.37 of this title (relating to Information Shown in Advertisements), an advertisement is any printed, digital, or electronic media created or used for the purpose of promoting the regulated business of the licensee. Define Undercover Agent - Answer (11) Undercover Agent--A person as defined under §1702.240 of the Act, requiring protected identity, during the course and scope of a specific, ongoing, investigation. For purposes of the the Act what does the term, "State" mean? - Answer (12) State--means the State of Texas or any political subdivision thereof. What is meant by the phrase "Maintenance of the supervisory position on a daily basis" by the Texas Occupational Code (TOC). - Answer (13) Maintenance of supervisory position on a daily basis--For purposes of §1702.120, Texas Occupations Code, this phrase requires that the manager have continuous oversight of no more than three (3) companies and two (2) schools, the supervised individuals, or their intermediate level supervisors, in a manner sufficient to ensure that all supervised individuals are complying with these rules and with the Act What is meant by the Phrase Employment, Business Activity in the Act or by these rules (TOC)? - Answer (14) Employment, Business Activity--These terms, or similar terms or phrases used in the Act or in these rules, are not limited in their meaning to "for profit" enterprises or to work performed for remuneration, but include any provision of services regulated by the Bureau, such as services provided on a volunteer or unpaid basis. What is intended by the word "Application" under Chapter 1702 (TOC)? - Answer (15) Application-- For all purposes under Chapter 1702, "application" includes an application for the renewal of any registration, commission, or license issued under the Act. What does the Term "Due Diligence" mean under Rule 35.204 - Answer (16) Due Diligence—For purposes of Rule 35.204, the exercise of due diligence may be satisfied through the review of the applicant's non-confidential criminal history on the Department of Public Safety's public website or other commercial website, or by obtaining a criminal history clearance letter from the District Clerk and County Clerk Offices in the applicant's county of residence. This does not prevent an employer from using a more stringent method of determining an applicant's eligibility. The terms Television Camera or Still Camera mean - Answer (17) Television Camera or Still Camera System--- For purposes of Section 1702.002 (1) (C), a "television camera or still camera system" refers to any device or system of devices that produces a visual image or series of images that are either recoded, transmitted through an Intranet or Internet Protocol based device, or monitored or viewed by security personnel, for the purposes of private security or surveillance. The phrase does not refer to a television camera or still camera system that is used exclusively: - Answer (1) for viewing and monitoring traffic conditions on public roads; (2) to detect motor vehicle violations on public roads; (3) for telephone or video conferencing; (4) to monitor a manufacturing process; (5) for medical purposes, by medical practitioners; (6) by a courtroom reporter or videographer for Depositions or testimony (7) by a licensed private investigator who installs, operates and maintains for the purposes of an ongoing investigation. SUBCHAPTER B covers PROHIBITIONS? - Answer True Are fraudulent applications subject to prosecution? - Answer Yes. RULE §35.11 Fraudulent Application Prohibited Applications submitted to the board are government documents and/or records. A fraudulent application for a license, registration or security officer commission pursuant to the Act is a criminal offense. Applicants that willfully make false statements in making applications for licenses, registrations, or security officer commissions pursuant to the Act, or otherwise commit a violation in connection with such application, will be subject to prosecution. Any one issued a license, registration, security officer commission, instructor approval, school approval, or letter of authority, may knowingly permit or allow any other person to violate a provision of the Act, rule, or any criminal statute but must not do so themselves. True or False - Answer False RULE §35.12 Permitting or Allowing Violations Any person who has applied for or been issued a license, registration, security officer commission, instructor approval, school approval, or letter of authority, shall not knowingly permit or allow any person to violate a provision of the Act, rule, or any criminal statute. Licensees, registrants or commissioned security officers shall surrender immediately on demand or within seven days after termination of employment any equipment owned by the licensee True or False - Answer True: RULE §35.13 Return of Equipment Licensees, registrants or commissioned security officers shall surrender immediately on demand or not later than the seventh day after termination of employment, any uniform, badge or other item of equipment owned by the employer or provided by the employer issued to the licensee, registrant or commissioned security officer by an employer. An unlicensed general contractor or other intermediary may not offer to provide and may not provide a regulated service. True or False - Answer True RULE §35.14 An unlicensed general contractor or other intermediary may not offer to provide and may not provide a regulated service. Any contract to which an unlicensed general contractor is a party which also involves regulated services must include a licensed subcontractor and must meet the following requirements: (a) the offer, bid, or proposal, and any related advertisements, must clearly and conspicuously state that the general contractor or broker is not licensed to perform the service in question, and that the regulated service is to be provided exclusively by a licensed party; (b) The contract and any bid or offer to perform a regulated service must identify the licensee by name and licensee number; (c) The licensed subcontractor must be an expressed party to the contract; and (d) The contract must clearly and conspicuously provide that the licensee is fully responsible for the regulated service and that the unlicensed general contractor will have no involvement in the regulated service. True or False: A complaint against a licensee (or employee) must be filed within 2 years of the alleged violation? - Answer True RULE §35.31 Complaint Limitation The board shall not accept a complaint against a licensee or an employee if the complaint is filed more than two years after the alleged violation date, except in matters that relate to conviction for a Class B offense or greater or a material misstatement in an application. True or False: The licensing date based on application or written notification will be the date the licensing was approved by the board? - Answer False RULE §35.32 Date of Licensing, Certification or Acknowledgement If an application or written notification is required, the date of licensing, certification, or acknowledgment by the board will be either the receipt date or the date the complete application or written notification is accepted for processing, whichever is later. Can a licensed Company issue a badge, shield or insignia reflecting the State Seal of Texas? - Answer No RULE §35.34 Standards of Conduct (a) Licensed companies may use the phrase "Licensed by the Texas Private Security Board" on stationery, business cards, and in advertisements, but no licensee shall have a badge, shield or insignia as part of any uniform, identification card or markings on a motor vehicle containing the State Seal of Texas except those identification and license items that are prepared or issued by the board. No licensee shall use the State Seal of Texas or the seal of the Department of Public Safety to advertise or publicize a commercial undertaking. As a Licensee can I use the State Flag to advertise or publicize my business? - Answer No. RULE §35.34 Standards of Conduct (b) No licensee shall have a badge, shield or insignia as part of any uniform, identification card or markings on a motor vehicle containing the Flag of the State of Texas, except those identification and license items that are prepared or issued by the board. No licensee shall use the Flag of the State of Texas to advertise or publicize a commercial undertaking.