al-al-6ab1409643ff4bcac38e3520: 304-X-1-.01 — Definitions

APA-1 TRANSMITTAL SHEET FOR NOTICE OF INTENDED ACTION Control No.: 304 Department or Agency: Alabama Electronic Security Board of Licensure Rule No.: 304-X-1-.01 Rule Title: Definitions Intended Action: Amend Would the absence of the proposed rule significantly harm or endanger the public health, welfare, or safety? Yes Is there a reasonable relationship between the state’s police Yes power and the protection of the public health, safety, or welfare? Is there another, less restrictive method of regulation available No that could adequately protect the public? Does the proposed rule have the effect of directly or indirectly increasing the costs of any goods or services involved? No To what degree?: N/A Is the increase in cost more harmful to the public than the harm that might result from the absence of the proposed rule? NA purpose of, and so they have, as their primary effect, thefor the Yes protection of the public? Does the proposed action relate to or affect in any manner any No matter of the proposed rule?is a party to concerning the subject Does the proposed rule have an economic impact? No If the proposed rule has an economic impact, the proposed rule is required to be accompanied by a fiscal note prepared in accordance with subsection (f) of Section 41-22-23, Code of Alabama 1975. Certification of Authorized Official I certify that the attached proposed rule has been proposed in full compliance with the requirements of Chapter 22, Title 41, Code of Alabama 1975, and that it conforms to all applicable filing requirements of the Administrative Procedure Division of the Legislative Services Agency. Signature of certifying officer Janet Robinson Janet Robinson F IL E D R E C ’D & Date Monday, September 21, 2026 S EP 21 ,20 26 N C Y AT IVE SV C A G E LE G ISL APA-2 ALABAMA ELECTRONIC SECURITY BOARD OF LICENSURE NOTICE OF INTENDED ACTION AGENCY NAME: Alabama Electronic Security Board of Licensure RULE NO. & TITLE: 304-X-1-.01 Definitions INTENDED ACTION: Amend SUBSTANCE OF PROPOSED ACTION: To amend in order to update definitions that reflect previous statute changes, including adding a definition for administrative fine and system installer. The change also reflects a statutory change to the locksmith definition, and adds language regarding online proctored examinations. TIME, PLACE AND MANNER OF PRESENTING VIEWS: Written comments may be submitted to: Alabama Electronic Security Board of Licensure, 7956 Vaughn Road, PMB 392, Montgomery, AL 36116. Public Hearing: Tuesday, November 17, 2026, 9:30 a.m., Halcyon Pointe--Building I--Meeting Room, 7515 Halcyon Summit Drive, Montgomery, AL 36117. FINAL DATE FOR COMMENT AND COMPLETION OF NOTICE: Tuesday, November 17, 2026 CONTACT PERSON AT AGENCY: Janet Robinson, Executive Director, Alabama Electronic Security Board of Licensure, 7956 Vaughn Road, PMB 392, Montgomery, AL 36116. Telephone# 334-557-0983 Janet Robinson Janet Robinson (Signature of officer authorized to promulgate and adopt rules or his or her deputy) 304-X-1-.01 Definitions. (1) Administrative Employee: A personAn individual who engages in clerical duties for a licensed company, whose work is restricted to office duties, and who has access to sensitive client information including, but not limited to, Social Security numbers, customer privacy codes, customer passwords, and similar information. (2) Administrative Fee: A fee is charged to first time applicants, or those reapplying as first-time applicants, or to licensees who wish to have a change of address or name, to cover the expenses of setting up applicants’ data files. (3) Administrative Fine: A monetary fine assessed by the board for unlicensed activity by an individual, company, corporation, firm, or business entity. (4) Administrative Management: Pertains to those individuals who may be an owner or in a management, administrative or clerical position who has access to personal and confidential records of clients and who shall register with the Board as Administrative. An individual who registers as Administrative shall not have direct contact with customers daily, may not enter client homes or businesses, must pass a criminal background check, and shall not be issued an AESBL ID card. (4)(5) Alarm Monitoring Company: Any personindividual, company, corporation, partnership, or business, or a representative or agency thereof, authorized to provide alarm monitoring services for alarm systems or other similar electronic security systems whether the systems are maintained on commercial business property, public property, or individual residential property. (5)(6) Alarm System: Burglar alarms, security cameras, or other electrical or electronic device used to prevent or detect burglary, theft, shoplifting, pilferage, and other similar losses. The term does not include any fire detection, fire alarm, or fire communication system. (6)(7) Alarm Verification: A reasonable attempt by an alarm monitoring company to contact the alarm site or alarm user by telephone or other electronic means to determine whether an alarm signal is valid prior to requesting law enforcement to be dispatched to the location and, if the initial attempted contact is not made, a second reasonable attempt to make a contact utilizing a different telephone number or electronic address or number. 1-.01-1 (7)(8) Arrest: Seized by legal authority and taken into custody. This includes, but is not limited to, being placed in handcuffs, being fingerprinted by a legal authority, and having a mugshot taken to a processing facility. Even arrests that do not result in conviction are subject to this definition. (8)(9) Branch Office: An office established or maintained at some place other than the principal place of business as shown in the Board of Licensure records and is identified to the public at a place from which business of planning, installation, inspecting, repairing, and servicing alarm systems or locks used to protect against or detect burglary, theft, shoplifting, pilferage, or other losses is conducted on a regular basis. (9)(10) Branch Office License: A license granted by the Board of Licensure entitling a personan individual to operate as a security service contractor of an alarm systems company or a locksmith company at a location other than the principal place of business shown in the Board of Licensure records. (10)(11) Burglar Alarm (B): An assembly of equipment and devices, or a single device such as a solid-state unit which plugs directly into an AC line, designed to detect an unauthorized intrusion or an attempted robbery at a protected premises or signal public police or private guards to respond, or both. (11)(12) Certified Proctor: A proctor who supervises an exam within their discipline and has been previously approved as a proctor by the AESBIAESBL. (12)(13) Closed Circuit Television System (CCTV): A combination of electronic equipment and devices designed and arranged for the viewing, monitoring, or recording of video signals transmitted from transmitters such as cameras to receivers such as monitors, digital video recorders, and network video recorders (NVR) through a closed cable or other video signal transmission method. (13)(14) Closed Circuit Television System (CCTV) Waiver: An educational waiver granted to a designated Qualifying Agent for a licensed company in lieu of a CCTV certification held by that personindividual. Approval of the waiver is based on company criteria and does not transfer with the Qualifying Agent should that employee cease employment with his or her current company or seek dual employment with another licensed company. (14)(15) Consumer Report: Any written, oral or other communication of any information by a Consumer Reporting Agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to 1-.01-2 be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for (a) credit or insurance to be used primarily for personal, family, or household purposes, (b) employment purposes, or (c) any other purpose authorized under FCRA Section 604, 15 U.S.C. §168lb. (15)(16) Consumer Reporting Agency or CRA: Any personindividual which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part the practice or assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing Consumer Reports to third parties, and which uses any means or facility of interstate commerce for the purposes of preparing or furnishing Consumer Reports. (16)(17) Conviction: The entry of a plea of guilty, a verdict rendered in open court by a judge or jury, a plea of nolo contender, a plea of nolo contendere, a no contest plea, or a best interest plea that results in the imposition of a fine, prison sentence, or probation. (17)(18) Digital ID Badge: A digital version of the identification card issued by the Board that would become active upon licensing and would appear in a licensee's digital wallet. Upon termination of employment or expiration of individual's license, the digital ID badge shall no longer be accessible in the individual's digital wallet. The digital ID badge does not supersede the hard-copy identification card. The requirement for licensees to have a physical ID badge visible on their person remains in place. (18)(19) Disciplinary Action: By affirmative vote of a quorum of the Board members, a disciplinary action may consist of; suspension or revocation of a license, imposing a sanction on a license, and/or a monetary penalty not to exceed one thousand dollars ($1,000.00) per violation. A Board member shall disqualify himself or herself and withdraw from any case in which he or she cannot accord fair and impartial consideration. (19)(20) Electronic Access Control System (A): A system that is used as a process to grant or deny an individual access to a specific area or object based upon his or her possession of an item, a code, or physical characteristic. (20)(21) Helper: Person Individual whose responsibilities are limited while learning the alarm or locksmith business. An alarm Helper may not work without direct, on-the-job, supervision of a licensed Qualifying Agent or installer. An alarm Helper is limited to running wires during the installation of an alarm 1-.01-3 system. An alarm Helper may not install keypads or assign or program access codes. A locksmith Helper may not work without direct, on-the-job supervision of a licensed locksmith. A locksmith Helper may not change safe combinations or perform work on safe deposit boxes or vaults, nor may a locksmith Helper have access to key codes or customer keying files. Helpers are not subject to the educational requirement of 304-X-1-.05 of this code. A Helper is required to comply with all other sections of this code. No more than two (2) Helpers may be assigned to a licensed individual. Any individual previously fully licensed in their field with the required training cannot subsequently be licensed as a Helper. The licensing classification of Helper is limited to applicants who do not possess training certification. (21)(22) HVAC system: Heating, ventilation, or air conditioning devices or mechanisms to provide heating or cooling to a building or other structure or the devices used to control the temperature of the heating or cooling devices in a building or other structure. (22)(23) Identification Card: A pocket card of a size, design, and content determined by the Board of Licensure. (23)(24) Identity Theft: The crime of obtaining the personal or financial information of another personindividual to use their identify to commit fraud, such as making unauthorized transactions or purchases. (24)(25) Individual: Includes an individual, firm, association, company, partnership, corporation, nonprofit corporation, institution, or similar business entity. (26) Installation: The initial placement of equipment or the extension, modification, or alteration of equipment after initial placement. (25)(27) License: A license granted by the Board of Licensure entitling a personan individual to operate as a security services contractor; installer of burglar alarm systems (B), electronic access control systems (A), and /or closed-circuit television systems (S); locksmith (L); salesperson (Sales): Monitoring Station (MS); helper (H); vehicle security professional (V); or administrative (Adm). (26)(28) Licensee: A personAn individual whose application has been approved by the Board of Licensure to perform the duties of a Qualifying Agent, burglar alarm system (B) installer, electronic access control system (A) installer, closed circuit television system (S) installer, locksmith (L), monitoring 1-.01-4 station operator (MS), salesperson (Sales), helper (H), vehicle security professional (V), or administrative (Adm). (27)(29) Lock: Mechanical or electronic device used to physically secure and control access to or egress from a structure or area, or used to control the use of a device; these uses include, but are not limited to, residential or commercial door hardware, motor vehicle locks, safes, safe deposit boxes, vaults, or electronic locking devices. (28)(30) Locksmith: (a) A personAn individual or business entity in a commercial, residential, or automotive setting that does any of the following for compensation or other consideration: