A. For purposes of this section and paragraph 8 of Section 1800.3 of this title, "retail counter sales agent" means an individual employed by or working on behalf of an Oklahoma licensed alarm or locksmith company for the purpose of selling technology devices and services to the general public in a commercial retail setting, including alarm, locksmith and fire sprinkler services and equipment.
B. 1. Every retail counter sales agent shall undergo a national criminal history records search by a third party or the Department of Labor. The Department of Labor, upon establishing good cause, may demand that an alarm, locksmith or fire sprinkler company provide the results of a criminal history records search for an individual retail counter sales agent. Upon receipt of any such demand, an alarm, locksmith or fire sprinkler company shall have a reasonable period of time to provide the results to the Department of Labor. The Department of Labor shall not disseminate the results of any criminal history records search described in this subsection, and such records shall not be subject to the Open Records Act. For purposes of this subsection, "selling" means the initial communications with the customer to determine the appropriate alarm products or systems to be purchased and installed, but shall not include actual installation locations or the final design, plan or laying out of the alarm products or systems. No person shall act as a retail counter sales agent if the results of the criminal background check are unsuccessful in accordance with the Arrest and Conviction Records in Employment Best Practices brochure published by the United States Equal Employment Opportunity Commission.
2. A retail counter sales agent shall not be permitted access to any customer's unique alarm access codes or other confidential information aside from the information necessary to complete a retail sale transaction.
C. Any alarm, locksmith or fire sprinkler company failing to comply with the provisions of this section shall be deemed in violation of the Alarm, Locksmith and Fire Sprinkler Industry Act. The Department of Labor may revoke or suspend the license of the person for a violation of this section.
Added by Laws 2015, c.247, § 2, eff. Nov. 1, 2015. Amended by Laws 2019, c. 218, § 7, eff. Nov. 1, 2019.
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