Download Zipped Introduced WP 6.1 HB0368.ZIP 29,658 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
6 AN ACT RELATING TO PUBLIC SAFETY; AMENDING PROVISIONS FOR LICENSURE
7 AND REGULATION OF PRIVATE INVESTIGATORS; PROVIDING CRIMINAL
8 PENALTIES; REPEALING CERTAIN PROVISIONS; AND MAKING TECHNICAL
10 This act affects sections of Utah Code Annotated 1953 as follows:
12 53-9-102, as enacted by Chapter 314, Laws of Utah 1995
13 53-9-103, as enacted by Chapter 314, Laws of Utah 1995
14 53-9-104, as last amended by Chapter 243, Laws of Utah 1996
15 53-9-105, as enacted by Chapter 314, Laws of Utah 1995
16 53-9-107, as enacted by Chapter 314, Laws of Utah 1995
17 53-9-108, as enacted by Chapter 314, Laws of Utah 1995
18 53-9-109, as enacted by Chapter 314, Laws of Utah 1995
19 53-9-110, as enacted by Chapter 314, Laws of Utah 1995
20 53-9-111, as enacted by Chapter 314, Laws of Utah 1995
21 53-9-112, as enacted by Chapter 314, Laws of Utah 1995
22 53-9-113, as enacted by Chapter 314, Laws of Utah 1995
23 53-9-115, as enacted by Chapter 314, Laws of Utah 1995
24 53-9-116, as enacted by Chapter 314, Laws of Utah 1995
25 53-9-117, as enacted by Chapter 314, Laws of Utah 1995
26 53-9-118, as enacted by Chapter 314, Laws of Utah 1995
27 53-9-119, as enacted by Chapter 314, Laws of Utah 1995
2 53-9-114, as enacted by Chapter 314, Laws of Utah 1995
3 53-9-120, as enacted by Chapter 314, Laws of Utah 1995
4 Be it enacted by the Legislature of the state of Utah:
5 Section 1. Section 53-9-102 is amended to read:
6 53-9-102. Definitions.
7 In this chapter, unless otherwise stated:
8 (1) "Adequate records" means records containing, at a minimum, sufficient information
9 to identify the client, the dates of service, the fee for service, the payments for service, the type of
10 service given, and copies of any reports that may have been made.
11 (2) "Advertising" means the submission of bids, contracting or making known by any
12 public notice, publication, or solicitation of business, directly or indirectly, that services regulated
13 under this chapter are available for consideration.
14 (3) "Agency" means a person who [
15 chapter, and includes one who employs an individual for wages and salary, and withholds all
16 legally required deductions and contributions, or contracts with a [
17 registrant or an apprentice on a part-time or case-by-case basis to conduct an investigation on
18 behalf of the employer.
19 (4) "Applicant" means any person who has submitted a completed application and all
20 required fees.
21 (5) "Apprentice" means [
22 who holds an apprentice license pursuant to this chapter, has not met the requirements for
23 registration, and works under the direct supervision and guidance of [
25 (6) "Board" means the Private Investigator Hearing and Licensure Board created in Section
27 (7) "Commissioner" means the commissioner of the Department of Public Safety.
28 (8) "Conviction" means an adjudication of guilt by a federal, state, or local court resulting
29 from trial or plea, including a plea of no contest, regardless of whether the imposition of sentence
30 was suspended.
31 (9) "Department" means the Department of Public Safety.
1 (10) "Direct supervision" means that the agency or employer is responsible for, and
2 authorizes, the type and extent of work assigned; reviews and approves all work produced by the
3 apprentice before it goes to the client; and closely supervises and provides direction and guidance
4 to the apprentice in the performance of his assigned work.
6 revocation, suspension, or probation in order to protect the public health, safety, or welfare.
8 is listed on the agency's or employer's payroll records, and is under the agency's or employer's
9 direction and control. An employee is not an independent contractor.
11 applicant for [
15 licensee that while there is insufficient evidence to support probation, suspension, or revocation
16 of a license, the department [
17 need to modify or eliminate certain practices and that continuation of the activities that led to the
18 information being submitted to the department may result in further disciplinary action against the
21 registrant, or apprentice license is issued [
25 engages in business or accepts employment to conduct any investigation for the purpose of
26 obtaining information with reference to:
27 (i) crime, [
28 territory of the United States;
29 (ii) the identity, reputation, character, habits, conduct, business occupation, honesty,
30 integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements,
31 whereabouts, affiliations, associations, or transactions, [
1 group of persons;
2 (iii) the credibility of witnesses or other persons;
3 (iv) the whereabouts of missing persons or owners of abandoned property;
4 (v) the causes and origin of, or responsibility for a fire, libel, slander, a loss, an accident,
5 damage, or an injury to real or personal property;
6 (vi) the business of securing evidence to be used before investigating committees or boards
7 of award or arbitration or in the trial of civil or criminal cases and the trial preparation;
8 (vii) the prevention, detection, and removal of installed devices for eavesdropping or
10 (viii) the business of "skip tracing" persons who have become delinquent in their lawful
11 debts, either when hired by an individual, collection agency, or through the direct purchase of the
12 debt from a financial institution or entity owning the debt or judgment; or
13 (ix) serving civil process.
14 (b) "Private investigator or private detective" does not include:
15 (i) any person or employee conducting an investigation on [
16 employee's own behalf or on behalf of [
17 investigator under this chapter; or
18 (ii) an employee of an attorney licensed to practice law in this state.
20 chapter for a private investigator license.
23 to this chapter. The registrant performs private investigative work either as an employee on an
24 employer's payroll or, on a contract with an agency, part-time, or case-by-case basis, with a
25 minimum amount of direction.
28 (a) engaging or offering to engage by fraud or misrepresentation in any activities regulated
29 by this chapter;
30 (b) aiding or abetting a person who is not licensed pursuant to this chapter in representing
31 that person as a private investigator or registrant in this state;
1 (c) gross negligence in the practice of a private investigator or registrant;
2 (d) failing or refusing to maintain adequate records and investigative findings on a subject
3 of investigation or a client;
4 (e) committing a felony or a misdemeanor involving any crime that is grounds for denial,
5 suspension, or revocation of [
6 or apprentice license. In all cases, conviction by a court of competent jurisdiction or a plea of no
7 contest is conclusive evidence of the commission of the crime; or
8 (f) making a fraudulent or untrue statement to the board, department, or its investigators,
9 staff, or consultants.
10 Section 2. Section 53-9-103 is amended to read:
11 53-9-103. Commissioner of Public Safety to administer -- Duties -- Records -- Bonds
12 -- Rulemaking.
13 (1) The commissioner of the Department of Public Safety shall administer this chapter.
14 (2) The commissioner shall keep records of:
15 (a) all applications for licenses under this chapter; and
16 (b) all bonds and proof of workers' compensation required to be filed.
17 (3) [
18 license has been issued for each application and bond.
19 (4) If a license is revoked, suspended, canceled, or denied or if a licensee is placed on
20 probation, the date of filing the order for revocation, suspension, cancellation, denial, or probation
21 shall be included.
22 (5) The commissioner shall maintain a list of all [
24 probation, or canceled and a written record of complaints filed against licensees [
25 (6) The commissioner may make rules in accordance with Title 63, Chapter 46a, Utah
26 Administrative Rulemaking Act, necessary to administer this chapter.
27 Section 3. Section 53-9-104 is amended to read:
28 53-9-104. Board -- Creation-- Qualifications -- Appointments -- Terms -- Immunity.
29 (1) There is established a Private Investigator Hearing and Licensure Board consisting of
30 five members appointed by the commissioner.
31 (2) Each member of the board shall be a citizen of the United States and a resident of this
1 state at the time of appointment.
2 (a) Two members shall be qualifying parties who are licensed as provided in this chapter.
3 (b) One member shall be a supervisory investigator from the commissioner's office.
4 (c) One member shall be a chief of police or sheriff.
5 (d) One member shall be a public member who shall not have a financial interest in a
6 private investigative agency and shall not have an immediate family member or a household
7 member or friend who is licensed or registered under this chapter.
13 (3) (a) Each member of the board shall serve four-year staggered terms beginning and
14 ending on January 1.
15 (b) Notwithstanding the term requirements of Subsection (3)(a), the commissioner may
16 adjust the length of terms to ensure the terms of board members are staggered so that
17 approximately one member of the board is appointed every year.
18 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
19 appointed for the unexpired term.
20 (5) At its first meeting every year, the board shall elect a chair, vice chair, and secretary
21 from its membership.
22 (6) (a) (i) Members who are not government employees shall receive no compensation or
23 benefits for their services, but may receive per diem and expenses incurred in the performance of
24 the member's official duties at the rates established by the Division of Finance under Sections
25 63A-3-106 and 63A-3-107.
26 (ii) Members may decline to receive per diem and expenses for their service.
27 (b) (i) State government officer and employee members who do not receive salary, per
28 diem, or expenses from their agency for their service may receive per diem and expenses incurred
29 in the performance of their official duties from the board at the rates established by the Division
30 of Finance under Sections 63A-3-106 and 63A-3-107.
31 (ii) State government officer and employee members may decline to receive per diem and
1 expenses for their service.
2 (7) A member shall not serve more than one term, except that a member appointed to fill
3 a vacancy or appointed for an initial term of less than four years [
4 reappointed for one full term.
5 (8) The commissioner, after a board hearing and recommendation, may remove any
6 member of the board for misconduct, incompetency, or neglect of duty.
7 (9) Members of the board are immune from suit with respect to all acts done and actions
8 taken in good faith in furtherance of the purposes of this chapter.
9 Section 4. Section 53-9-105 is amended to read:
10 53-9-105. Powers and duties of the board.
11 (1) The board shall:
12 (a) review all applications for [
13 for private investigators [
14 approval or disapproval; and
15 (b) review all complaints and make recommendations to the commissioner regarding
16 disciplinary action.
17 (2) The board may take and hear evidence, administer oaths and affirmations, and compel
18 by subpoena the attendance of witnesses and the production of books, papers, records, documents,
19 and other information relating to a formal complaint against or department investigation of a
20 private investigator.
21 Section 5. Section 53-9-107 is amended to read:
22 53-9-107. Classification of licenses -- License required to act.
23 (1) Every person applying for a license under this chapter shall indicate on the application
24 which of the following licenses he is applying for:
25 (a) an agency license shall be issued to [
26 requirements of [
27 (b) a [
28 who meets the requirements of [
29 53-9-110; or
30 (c) [
31 shall be issued [
1 Subsection 53-9-108(3) and Section 53-9-110.
2 (2) A person may not act or assume to act as, or represent himself to be[
4 not falsely represent [
5 (3) Unless licensed under this chapter, a person may not act or assume to act, or represent
6 himself to be a private investigator or private detective as defined in Subsection 53-9-102(16) or
7 conduct any investigation as provided in Subsection 53-9-102(16).
8 Section 6. Section 53-9-108 is amended to read:
9 53-9-108. Qualifications for licensure.
10 (1) (a) An applicant for an agency license [
11 least 21 years of age, a citizen or legal resident of the United States, of good moral character[
13 (b) An applicant may not have been:
14 (i) [
15 (ii) [
16 dangerous weapon;
17 (iii) [
18 convicted of threatening to commit any act of personal violence or force against another person;
19 (iv) [
20 (v) [
21 (vi) [
22 (vii) named in an outstanding arrest warrant; or
23 (viii) convicted of illegally obtaining or disclosing private, controlled, or protected records
24 as provided in Section 63-2-801.
26 shall be in good standing within that state or jurisdiction.
28 or 2,000 hours, of investigative experience that consists of actual work performed as [
30 or municipal government.
1 claimed as years of qualifying experience and provide the exact details as to the character and
2 nature of the experience on a form prescribed by the department and certified by the applicant's
3 employers. This certification is subject to independent verification by the board. If applicants are
4 unable to supply written certification from an employer in whole or in part, applicants may offer
5 written certification from persons other than an employer covering the same subject matter for
6 consideration by the board. The [
7 required experience [
8 (2) An applicant for [
9 qualification standards of this section, except Subsection[
10 have [
11 actual work performed as [
12 government, a state, county, or municipal government. A licensed registrant may not advertise his
13 services or conduct investigations for the general public, may not employ other private
14 investigators or hire them as independent contractors, and shall only work as an employee of, or
15 an independent contractor with, licensed agencies as provided in Subsection 53-9-102(17).
16 (3) An applicant for an apprentice [
17 for a [
18 Subsection (1), except Subsection (1)(d) and complete an [
22 license. [
24 the general public, may not employ other private investigators, and shall only work under the
25 direction of a licensed agency as provided in Subsection 53-9-102(5).
26 (4) [
28 registrant, or apprentice license may be eligible for a license without meeting all or part of the
29 investigative work experience required by this section if the applicant:
30 (a) has a criminal justice degree from an accredited college or university;
31 (b) is certifiable by Peace Officer Standards and Training; or
1 (c) can substantiate other similar law enforcement or investigative training in the areas
2 set forth in Subsection 53-9-102(16). The board shall determine whether or not training may
3 replace the work experience requirement and to what extent.
4 Section 7. Section 53-9-109 is amended to read:
5 53-9-109. Application for agency license -- Bond -- Workers' compensation.
6 (1) Every application for an agency license to engage in the private investigative business
7 shall set forth information to assist the commissioner in determining the applicant's ability to meet
8 the requirements prescribed in this chapter and contain the following:
9 (a) the full name and business address of the applicant;
10 (b) two passport-size color photographs of the applicant;
11 (c) the name under which the applicant intends to do business;
12 (d) a statement that the applicant intends to engage in the private investigative business;
18 (2) Before the issuance of an original or renewal agency license, the applicant shall
19 provide to the department:
20 (a) a surety bond in the amount of $10,000; and
21 (b) a certificate of workers' compensation insurance, if applicable.
22 (3) The bond shall be executed and acknowledged by the applicant as principal and by a
23 corporation licensed to transact fidelity and surety business in this state as surety. The bond shall
24 be continuous in form and shall run concurrently with the license period. The bond required by
25 this chapter shall be in favor of the state for the benefit of any person injured by any acts of a
26 private investigator, his agency, or his employees and is subject to claims by any person who is
27 injured by those acts.
28 (4) The commissioner shall cancel the agency license of any licensed agency on the
29 cancellation of the surety bond. The qualifying party may reinstate the license on filing:
30 (a) a surety bond that is concurrent with the remainder of the license period; and
31 (b) payment of the reinstatement fee prescribed under Section 53-9-111.
1 Section 8. Section 53-9-110 is amended to read:
2 53-9-110. Application for registrant and apprentice licenses.
3 (1) Every application for [
4 information to assist the commissioner in determining the applicant's ability to meet the
5 requirements prescribed in this chapter and contain the following:
6 (a) the full name and address of the applicant;
7 (b) two passport-size color photographs of the applicant;
8 (c) the name of the licensed agency for which the applicant will be an employee,
9 apprentice, or contract registrant, if applicable;
10 (d) authorization of the [
12 registrant, if applicable; and
13 (e) a verified statement of the applicant's experience and qualifications.
14 (2) An application for [
15 apprentice license or renewal shall be accompanied by:
16 (a) the fee prescribed in Section 53-9-111; and
17 (b) a surety bond in the amount of $10,000.
30 Section 9. Section 53-9-111 is amended to read:
31 53-9-111. License and registration fees -- Deposit in General Fund.
1 (1) Fees for licensure[
2 (a) for an original agency license application, and license, $200, plus an additional fee for
3 the costs of fingerprint processing and background investigation;
4 (b) for the renewal of an agency license, $100;
5 (c) for an original registrant or apprentice license application [
6 $100 plus an additional fee for the costs of fingerprint processing and background investigation;
7 (d) for the renewal of [
13 date of the license, a delinquency fee of $50;
15 the expiration date of the registration, a delinquency fee of $30;
22 department charged by the Federal Bureau of Investigation for fingerprint processing for the
23 purpose of obtaining federal criminal history record information.
24 (2) The commissioner may renew a license [
25 upon receipt of an application on forms as prescribed by the commissioner and upon receipt of the
26 fees prescribed in Subsection (1). The renewal of [
27 the filing of a surety bond as described in Subsections 53-9-109(2) and (3). Renewal of a license
29 may not engage in any activity subject to this chapter during any period between the date of
30 expiration of the license [
31 (3) The commissioner shall renew a suspended license [
1 chapter. Renewal of the license [
2 the license [
3 regulated by this chapter, or in any other activity or conduct in violation of the order or judgment
4 by which the license [
5 (4) The commissioner shall not reinstate a revoked license [
6 application for a license [
7 revoked for at least one year from the date of revocation.
8 (5) All fees, except the fingerprint processing fee, collected by the department under this
9 section shall be deposited in the General Fund.
10 Section 10. Section 53-9-112 is amended to read:
11 53-9-112. Issuance of license and identification card to applicant -- License period
12 -- Expiration of application -- Transfer of license prohibited.
13 (1) The commissioner shall issue [
14 the provisions of this chapter. Each license issued under this chapter shall:
15 (a) contain the name and address of the licensee and the number of the license;
16 (b) its agency, registrant, or apprentice license designation; and [
17 (c) be issued for a period of two years.
18 (2) On the issuance of a license, an identification card of dimensions 2-1/2 x 4-1/2 inches
19 will be issued without charge to the licensee [
22 registrant, or apprentice license.
23 (3) [
27 a licensed agency and may not do investigative work independently for the public. An apprentice
28 identification card shall state that the licensee is under the direct supervision of a licensed agency,
29 and may not do investigative work independently for the public. Upon request, the licensee shall
30 immediately identify the name, business address, and phone number of the licensed agency for
31 which the licensee is an employee or independent contractor.
1 (4) On notification by the commissioner to an applicant that the [
2 complete, or is not ready for issuance pending additional information, the applicant shall complete
3 the application process and provide the additional information within 90 days. Failure to complete
4 the process shall result in the application being cancelled and all fees forfeited. Subsequent
5 application by the same applicant requires the payment of all application and license fees
6 prescribed in Section 53-9-111.
7 (5) A licensee shall notify the commissioner of any change in the name or address of his
8 business [
9 the commissioner of any change in name or address will result in the automatic suspension of the
10 license. To relieve the suspension, the licensee must apply for reinstatement and pay the fee
11 prescribed in Subsection 53-9-111(1)(g).
15 Section 11. Section 53-9-113 is amended to read:
16 53-9-113. Grounds for denial of a license -- Appeal.
17 (1) The board may deny [
18 the applicant has:
19 (a) committed an act that, if committed by a licensee, would be grounds for probation,
20 suspension, or revocation of a license under this chapter;
21 (b) [
22 refused a license under this chapter or who has had a license revoked;
23 (c) while not licensed under this chapter, committed, or aided and abetted the commission
24 of, any act for which a license is required by this chapter; or
25 (d) knowingly made a material misstatement in connection with an application for a
26 license or renewal of a license.
31 chapter shall be in writing and describe the basis for the denial. The denial shall inform the
1 applicant that if the applicant desires a hearing to contest the denial, he shall submit a request in
2 writing to the board within 30 days after the issuance of the denial. The board shall schedule a
3 hearing for the next board meeting[
5 (a) return the case to the board for reconsideration;
6 (b) modify the board's decision; or
7 (c) reverse the board's decision.
9 the order to the applicant. Decisions of the commissioner are subject to judicial review pursuant
10 to Section 63-46b-15.
11 Section 12. Section 53-9-115 is amended to read:
12 53-9-115. Business name and address -- Posting of license -- Advertising.
13 (1) [
14 investigative business under a name other than the licensee's by complying with the requirements
15 of Title 42, Chapter 2, Conducting Business Under Assumed Name, and providing a copy of the
16 filed certificate to the commissioner. Failure to comply with this provision shall result in the
17 suspension of the license.
18 (2) Each [
19 the normal business of the agency is conducted. The address of this location shall be on file with
20 the commissioner at all times. This is not a public record pursuant to Subsection
22 (3) The license certificate issued by the commissioner shall be posted in a conspicuous
23 place in the principal office of the [
24 (4) [
25 any accepted form of advertising.
26 (a) [
27 number as it appears on the license certificate.
28 (b) A licensee may not use false, deceptive, or misleading advertising.
29 Section 13. Section 53-9-116 is amended to read:
30 53-9-116. Divulging investigative information -- False reports prohibited.
31 (1) Except as otherwise provided by this chapter, a licensee[
2 contents of an investigative file acquired in the course of licensed investigative activity. However,
3 the board shall have access to investigative files if the client for whom the information was
4 acquired, or his lawful representative, alleges a violation of this chapter by the licensee [
6 divulge or release the information has been obtained.
7 (2) A licensee[
8 willfully make a false statement or report to a client, employer, the board, or any authorized
9 representative of the department, concerning information acquired in the course of activities
10 regulated by this chapter.
11 (3) The licensee shall submit investigative reports to a client at times and in the manner
12 agreed upon between the licensee and the client. Upon demand by the client, the licensee shall
13 divulge to the client the results of an investigation if payment in full has been tendered for the
14 charges levied. The licensee has full right to withdraw from any case and refund any portion of
15 a retainer for which investigative work has not been completed.
16 Section 14. Section 53-9-117 is amended to read:
17 53-9-117. Authority to investigate complaint -- Filing of complaints -- Response --
18 Retention of records.
19 (1) The commissioner or board may initiate an investigation of any [
21 performing services that require [
22 investigate if a licensee or registrant is engaged in activities that do not comply with or are
23 prohibited by this chapter.
24 (2) The commissioner shall enforce the provisions of this chapter without regard to the
25 place or location in which a violation may have occurred, and on the complaint of any person, may
26 investigate any alleged violation of this chapter or the business and business methods of any
27 licensee, [
28 this chapter.
29 (3) Complaints against any licensee[
31 (a) Upon receipt of a complaint, the commissioner shall assign it to the board.
1 (b) The board, through the department, will provide a copy of the complaint to the licensee
3 writing within 15 working days of the date it is mailed by the department.
4 (4) In any investigation undertaken by the board or commissioner, each licensee[
6 records and truthfully respond to questions concerning activities regulated under this chapter.
7 (a) These records shall be maintained for five years at the principal place of business of
8 the licensee or at another location approved by the board for a person whose license has been
9 terminated, canceled, or revoked.
10 (b) On request by the board during normal business hours or other time acceptable to the
11 parties, the records shall be made available immediately to the board unless the board determines
12 that an extension may be granted. The licensee shall provide copies of any business records
13 requested by the board or commissioner.
14 Section 15. Section 53-9-118 is amended to read:
15 53-9-118. Grounds for disciplinary action -- Types of action.
16 (1) The following constitute grounds for which disciplinary action may be taken against
17 a licensee[
18 regulated under this chapter:
19 (a) fraud or willful misrepresentation in applying for an original license or [
20 renewal of an existing license [
21 (b) using any letterhead, advertising or other printed matter in any manner representing
22 that he is an instrumentality of the federal government, a state, or any political subdivision of a
24 (c) using a name different from that under which he is currently licensed for any
25 advertising, solicitation, or contract to secure business unless the name is an authorized fictitious
27 (d) impersonating, permitting, or aiding and abetting an employee [
28 impersonate a law enforcement officer or employee of the United States, any state, or a political
29 subdivision of a state;
30 (e) knowingly violating, advising, encouraging, or assisting the violation of any statute,
31 court order, or injunction in the course of a business regulated under this chapter;
1 (f) falsifying fingerprints or photographs while operating under this chapter;
2 (g) conviction of a felony;
3 (h) conviction of any act involving illegally using, carrying, or possessing a dangerous
5 (i) conviction of any act involving moral turpitude;
6 (j) conviction of any act of personal violence or force against any person or conviction of
7 threatening to commit any act of personal violence or force against any person;
8 (k) soliciting business for an attorney in return for compensation;
9 (l) conviction of any act constituting dishonesty or fraud;
10 (m) being placed on probation, parole, or named in an outstanding arrest warrant;
11 (n) committing, or permitting any [
12 contractor to commit any act during the period between the expiration of a license [
13 for failure to renew within the time fixed by this chapter, and the reinstatement of the license or
14 registration, that would be cause for the suspension or revocation of the license [
15 or grounds for denial of the application for the license [
16 (o) willfully neglecting to render to a client services or a report as agreed between the
17 parties and for which compensation has been paid or tendered in accordance with the agreement
18 of the parties. However, if the [
19 returns the funds for work not yet [
20 (p) the unauthorized release of information acquired on behalf of a client by a licensee,
22 activities regulated under this chapter;
23 (q) failing or refusing to cooperate with, misrepresenting to, or refusing access to the board
24 or an authorized representative of the department engaged in an official investigation pursuant to
25 this chapter;
26 (r) employing or contracting with any [
27 unlicensed or improperly licensed person or agency to conduct activities regulated under this
28 chapter if the licensure [
29 reasonable inquiry;
30 (s) permitting, authorizing, aiding, or in any way assisting [
31 conduct services as described in this chapter on an independent contractor basis and not under the
1 authority of the licensed agency;
2 (t) failure to maintain in full force and effect workers' compensation insurance, if
4 (u) conducting private investigation services regulated by this chapter on a revoked or
5 suspended license [
6 (v) accepting employment, contracting, or in any way engaging in employment that has
7 an adverse impact on investigations being conducted on behalf of clients;
8 (w) advertising in a false, deceptive, or misleading manner;
9 (x) refusing to display the identification card issued by the department to any person
10 having reasonable cause to verify the validity of the license [
11 (y) committing any act of unprofessional conduct;
12 (z) conviction of any act of illegally obtaining or disseminating private, controlled, or
13 protected records under Section 63-2-801; or
14 (aa) engaging in any other conduct prohibited by this chapter.
15 (2) On completion of an investigation, the board may:
16 (a) dismiss the case;
17 (b) take emergency action;
18 (c) issue a letter of concern, if applicable;
19 (d) impose a fine not to exceed $500; or
20 (e) place all records, evidence findings, and conclusions and any other information
21 pertinent to the investigation in the confidential and protected records section of the file
22 maintained at the department.
23 (3) A letter of concern is a document that is retained and may be used in future disciplinary
24 actions against a licensee.
25 (4) If the board finds, based on its investigation, that the public health, safety, or welfare
26 requires emergency action, the board may order a summary suspension of a license [
27 pending proceedings for revocation or other action. If the board issues this order, the
28 commissioner shall issue to the licensee[
29 complaint and formal hearing, setting forth the charges made against the licensee[
1 (5) If the board finds, based on the investigation, that a violation [
2 has occurred, notice will be sent to the licensee[
3 of the hearing by mailing a true copy to the licensee's[
4 last-known address in the department's files by certified mail, return receipt requested.
5 (6) Based on information the Private Investigator Hearing Board receives during a hearing
6 it may:
7 (a) dismiss the complaint if the board believes it is without merit;
8 (b) fix a period and terms of probation best adapted to educate the licensee[
10 (c) place the license [
12 (d) revoke the license or registration; or
13 (e) impose a civil fine not to exceed $500.
20 within 15 days of the date of issuance of the board's decision. The commissioner shall review the
21 finding by the board and may affirm, return to the board for reconsideration, reverse, adopt,
22 modify, supplement, amend, or reject the recommendation of the board.
25 (8) The department shall issue a final written order within 30 days outlining the
26 commissioner's decision on the appeal. The final order is final agency action for purposes of
27 judicial review under Section 63-46b-15.
29 Section 16. Section 53-9-119 is amended to read:
30 53-9-119. Violation -- Penalty.
1 is guilty of a class A misdemeanor.
2 Section 17. Repealer.
3 This act repeals:
4 Section 53-9-114, Duty of employer to issue identification card to registrant --
5 Temporary registration -- Denial -- Form of identification card.
6 Section 53-9-120, Grandfather provision.
Legislative Review Note
as of 2-11-97 3:47 PM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
[Bill Documents][Bills Directory]