1.3 Security Company Duties, SORA Instructors, & Enforcement Penalties

1.3 Security Company Duties, SORA Instructors, & Enforcement Penalties

Core Regulatory Rule: A security officer company must be licensed, may employ only registered officers, and must keep the employee records the Superintendent can inspect without notice. Employing an unregistered security officer is a crime of the fourth degree for the owner or operator, and each violation is a separate offense (N.J.S.A. 45:19A-3(f)). Civil penalties reach $10,000 for a company's first offense and $20,000 for later offenses. An individual who works in violation of the Act faces civil penalties of $1,000 and $2,500 (N.J.S.A. 45:19A-8).

SORA regulates three groups: security officer companies, the certified instructors who train officers, and the officers themselves. Officers are tested on all three, because the company's and instructor's duties decide whether an officer's registration and training count.

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1. Licensing a Security Officer Company

Operating or advertising a security officer business without a license is a crime of the fourth degree (N.J.S.A. 45:19A-3(a)). The Act also makes each owner and operator "liable, accountable and responsible" for the conduct of every security officer the company employs in its business (N.J.S.A. 45:19A-3(f)).

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2. What the Company Must Do for Every Officer

Inspections

The Superintendent may inspect company premises and any worksite where officers are posted, at any time and without notification. The Superintendent may also examine and impound records, computers, and lists of worksites, and require sworn written statements (N.J.A.C. 13:55A-6.5). The Act adds the power to administer oaths, hold investigative hearings, and issue subpoenas (N.J.S.A. 45:19A-9).

Why officers care: The "noteworthy incident" summaries in your company's work records come from your reports. Section 7.3 covers how to write them.

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3. Certified SORA Instructors

Only certified security officer instructors may teach the 24-hour course or the 8-hour refresher (N.J.A.C. 13:55A-5.2(c)).

Instructor Qualifications (N.J.A.C. 13:55A-5.1)

• At least 25 years old, and
• One of the following combinations of experience as a sworn law enforcement officer or as a supervisor or manager in a licensed security company:
  • 20 years combined; or
  • 15 years combined plus an associate degree; or
  • 10 years combined plus a bachelor's degree.

Becoming and Staying Certified

Instructor Duties (N.J.A.C. 13:55A-7)

• By the last day of each month, send NJSP the next month's class schedule (dates, times, locations).
• Within 5 business days after each course, send a roster reporting whether each officer completed or failed the training.
• Keep training records for at least 5 years.
• Allow NJSP to attend any class without prior notice and inspect instructor records.

Virtual classes: NJSP's virtual training checklist (rev. 9/30/2020) sets these conditions:

• The platform must allow unannounced access by PDU personnel.
• The classroom location must read "VIRTUAL TRAINING."
• The instructor must invite the PDU by email and must be logged in and present throughout the class.
• Students must show valid government photo ID and their SORA application number before training begins.
• Student files must be kept up to 5 years.

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4. The Mandated 24-Hour Curriculum

N.J.A.C. 13:55A-4.1(b) requires at least two hours of instruction in each of these general subject areas:

1. Homeland security and counter-terrorism (Section 6.1)
2. Communications/emergency response (Sections 5.1 and 5.3)
3. Theft prevention (Section 7.2)
4. Limits on the use of force/detention of suspects (Chapters 2 and 4)
5. Critical incident awareness: suspicious packages, arson, and fire prevention (Sections 6.2, 6.3, and 5.2)
6. Ethics and professional conduct (Section 7.4)
7. First aid/CPR/AED (Section 5.4)
8. Any other subject the Superintendent finds necessary for public safety

The 8-hour refresher must cover additional instruction in each of these areas (N.J.A.C. 13:55A-4.2(b)). This list is the official blueprint for your course test. The chapters of this guide follow it.

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5. Denial, Suspension, and Revocation

The Superintendent may deny, suspend, revoke, or refuse to renew an officer's certificate when the person (N.J.A.C. 13:55A-3.7):

1. Has been convicted of a first- through fourth-degree crime;
2. Has been convicted of an offense involving a controlled dangerous substance;
3. Has been convicted of an offense that makes certification contrary to the public interest;
4. Is alleged to have violated SORA;
5. Has failed to comply with the rules;
6. Knowingly made a false material statement or omitted information;
7. Has shown bad moral character, incompetence, or untrustworthiness; or
8. When good cause exists in the interest of public safety.

Due process: NJSP must give written notice stating the reasons. The applicant or licensee may ask for a hearing, in writing, within 15 days of receiving the notice. Hearings follow the Administrative Procedure Act (N.J.A.C. 13:55A-8.3).

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6. Criminal Offenses and Civil Penalties

Crimes of the Fourth Degree Under SORA

A fourth-degree crime carries up to 18 months in prison and a fine of up to $10,000 (Chapter 3). A conviction also disqualifies the person from future registration.

Civil Penalties (N.J.S.A. 45:19A-8)

Each violation is a separate offense. Penalties are collected in a civil action under the Penalty Enforcement Law of 1999. A violation is also grounds to suspend or revoke a license or registration, even if it is prosecuted as a crime (N.J.S.A. 45:19A-10).

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7. Scenario: The Holiday Coverage Call

Scenario: A client asks Apex Security LLC for three extra officers on a holiday weekend. The staffing coordinator sends three new hires who finished their 24-hour class that morning. Their registrations have not yet been approved.

Analysis: Finishing the class is not registration. Since October 1, 2024 there is no temporary certificate. All three officers are working unregistered (N.J.S.A. 45:19A-4(a)). The owner has three separate fourth-degree exposures for employing unregistered officers (N.J.S.A. 45:19A-3(f)). Each officer is a separate violation, so the company faces civil penalties of up to $10,000 for the first offense and up to $20,000 for each later one. Each officer personally faces up to $1,000. The PDU can check this at the worksite at any time without notice.

Lesson: Confirm approved registration, not class completion, before anyone takes a post.