Download Zipped Introduced WordPerfect SB0177.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
7 LONG TITLE
8 General Description:
9 This bill modifies the Public Safety Code regarding licensure qualifications and
10 discipline of private investigators.
11 Highlighted Provisions:
12 This bill:
13 . modifies the licensure requirements for a private investigator agency and for a
14 private investigator registrant;
15 . increases the number of hours of experience required for licensure in each category;
16 . allows credit toward required hours of experience for certain educational degrees;
18 . requires a certificate of liability insurance for an agency and a surety bond for a
19 registrant or an apprentice.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 53-9-103, as last amended by Laws of Utah 2008, Chapter 382
27 53-9-105, as last amended by Laws of Utah 2003, Chapter 330
28 53-9-107, as last amended by Laws of Utah 1998, Chapter 212
29 53-9-108, as last amended by Laws of Utah 2008, Chapter 382
30 53-9-109, as last amended by Laws of Utah 1998, Chapter 212
31 53-9-110, as last amended by Laws of Utah 1998, Chapter 212
32 53-9-111, as last amended by Laws of Utah 1998, Chapter 212
33 53-9-113, as last amended by Laws of Utah 2008, Chapter 382
34 53-9-117, as last amended by Laws of Utah 1998, Chapter 212
35 53-9-118, as last amended by Laws of Utah 2008, Chapter 382
36 53-11-115, as enacted by Laws of Utah 1998, Chapter 257
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 53-9-103 is amended to read:
40 53-9-103. Commissioner of Public Safety to administer -- Bureau to issue licenses
41 -- Records -- Bonds -- Rulemaking.
42 (1) The commissioner [
44 (2) (a) The bureau, acting at the direction of the commissioner, shall issue a private
45 investigator license to any applicant [
46 licensure under [
47 (b) The bureau shall issue a license to [
48 the qualifications for licensure under this chapter within five business days of receipt of the
50 (3) (a) The bureau shall keep records of:
51 (i) all applications for licenses under this chapter; and
52 (ii) all bonds and proof of certificates of liability and workers' compensation insurance
53 required to be filed.
54 (b) The records shall include statements as to whether a license or renewal license has
55 been issued for each application [
56 (4) If a license is revoked, suspended, canceled, or denied or if a licensee is placed on
57 probation, the date of filing the order for revocation, suspension, cancellation, denial, or
58 probation shall be included in the records.
59 (5) The bureau shall maintain:
60 (a) a list of all licensees whose license has been revoked, suspended, placed on
61 probation, or canceled; and
62 (b) a written record of complaints filed against licensees.
63 (6) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
64 Administrative Rulemaking Act, as necessary to administer this chapter.
65 Section 2. Section 53-9-105 is amended to read:
66 53-9-105. Powers and duties of the board.
67 (1) The board shall:
68 (a) review [
69 investigators and [
70 approve or deny the applications;
71 (b) upon receiving a timely filed petition, review within a reasonable time the denial,
72 suspension, or revocation of a private investigator license; and
73 (c) review all complaints and make recommendations to the commissioner regarding
74 disciplinary action.
75 (2) The board may take and hear evidence, administer oaths and affirmations, and
76 compel by subpoena the attendance of witnesses and the production of books, papers, records,
77 documents, and other information relating to a formal complaint against or [
78 bureau investigation of a private investigator.
79 Section 3. Section 53-9-107 is amended to read:
80 53-9-107. Classification of licenses -- License required to act.
81 (1) Every person applying for a license under this chapter shall indicate on the
82 application which of the following licenses the applicant is applying for:
83 (a) an agency license shall be issued to an applicant who meets the agency
84 requirements of [
85 (b) a registrant license shall be issued to an applicant who meets the registrant
86 requirements of [
87 (c) an apprentice license shall be issued to an applicant who meets the apprentice
88 requirements of [
89 (2) Unless licensed under this chapter, a person may not:
90 (a) act or assume to act as, or represent himself to be:
91 (i) a licensee; or
92 (ii) a private investigator or private detective as defined in Subsection 53-9-102 (16) or
93 conduct any investigation as provided in Subsection 53-9-102 (16); or
94 (b) falsely represent to be employed by or for an independent contractor for an agency.
95 (3) A licensed registrant, as defined in Section 53-9-102 , may only work as an
96 employee of, or as an independent contractor for, an agency licensed under this chapter, and
97 may not:
98 (a) advertise the licensed registrant's services or conduct investigations for the general
99 public; or
100 (b) employ other private investigators or hire them as independent contractors.
101 (4) (a) A licensed apprentice, as defined in Section 53-9-102 , may only work under the
102 direct supervision and guidance of an agency licensed under this chapter, and may not:
103 (i) advertise the licensed apprentice's services or conduct investigations for the general
105 (ii) employ other private investigators; or
106 (iii) obtain information from the Utah State Tax Commission Motor Vehicle Division
107 or Driver License Division within the Department of Public Safety, except the apprentice may
108 utilize information from these agencies for a legitimate business need and under the direct
109 supervision and guidance of a licensed agency.
110 (b) A registrant or apprentice whose license has been suspended or revoked shall
111 immediately notify the agency which supervises the registrant or apprentice of the action.
112 Section 4. Section 53-9-108 is amended to read:
113 53-9-108. Qualifications for licensure.
114 (1) (a) An applicant [
115 of age[
116 this state.
117 (b) An applicant may not have been:
118 (i) convicted of a felony;
119 (ii) convicted of an act involving illegally using, carrying, or possessing a dangerous
121 (iii) convicted of an act of personal violence or force on any person or convicted of
122 threatening to commit an act of personal violence or force against another person;
123 (iv) convicted of an act constituting dishonesty or fraud;
124 (v) convicted of an act involving moral turpitude;
125 (vi) placed on probation or parole;
126 (vii) named in an outstanding arrest warrant; or
127 (viii) convicted of illegally obtaining or disclosing private, controlled, or protected
128 records as provided in Section 63G-2-801 .
129 (c) If previously or currently licensed in another state or jurisdiction, the applicant shall
130 be in good standing within that state or jurisdiction.
132 under Subsection (1)(b), the board shall consider mitigating circumstances presented by an
133 applicant [
138 performed as a licensed private investigator [
140 state, county, or municipal government.
141 (b) An applicant for a registrant license shall have completed a minimum 2,000 hours
142 of investigative experience that consists of actual work performed as a licensed private
143 investigator or as an investigator for the federal government, or for a state, county, or municipal
145 (c) Investigative experience required under this Subsection (3) shall have been
146 performed within 10 years immediately prior to the application.
148 experience [
149 Subsection (3) by providing the exact details as to the character and nature of the [
150 investigative work on a form prescribed by the [
151 applicant's employers.
156 under this Subsection (3) to the satisfaction of the board and the board may independently
157 verify the certification offered on behalf of the applicant.
158 (ii) The board may independently confirm the claimed investigative experience and the
159 verification of the applicant's employers.
172 a registrant license, shall meet all of the qualification standards in Subsection (1) [
189 required under Subsection (3) as follows:
190 (a) an applicant may receive credit for 2,000 hours of investigative experience if the
192 (i) has [
193 accredited college or university; or
194 (ii) is certified [
197 (b) an applicant may receive credit for 4,000 hours of investigative experience if the
198 applicant has a bachelors degree in criminal justice or police science from an accredited college
199 or university.
202 (5) toward the investigative experience requirements under Subsection (3).
203 Section 5. Section 53-9-109 is amended to read:
204 53-9-109. Application for agency license -- Liability insurance -- Workers'
206 (1) Every application for an agency license to engage in the private investigative
207 business shall [
209 the bureau:
210 (a) the full name and business address of the applicant;
211 (b) [
212 (c) the name under which the applicant intends to do business;
213 (d) a statement that the applicant intends to engage in the private investigative
215 (e) a verified statement of the applicant's experience and qualifications as provided in
216 Section 53-9-108 ; and
217 (f) the fee prescribed in Section 53-9-111 .
218 (2) Before the issuance [
219 shall provide to the [
221 (a) a certificate of liability insurance; and
222 (b) a certificate of workers' compensation insurance, if applicable.
223 (3) The [
226 (a) protect against liability to third persons;
227 (b) contain a limit of liability in an amount of not less than $500,000;
229 (d) provide for notice to the bureau in the event of cancellation of the liability
239 (4) (a) The bureau shall cancel a license when it receives notice from the insurer that
240 liability insurance required under Subsection (2) has expired or been canceled.
241 (b) The licensee shall be notified by the bureau when a license has been cancelled
242 under this Subsection (4).
243 (c) The license may be reinstated when the licensee:
244 (i) files proof of liability insurance for the remainder of the license period; and
245 (ii) pays the reinstatement fee prescribed in Section 53-9-111 .
246 Section 6. Section 53-9-110 is amended to read:
247 53-9-110. Application for registrant or apprentice license.
248 (1) Every application for a registrant or apprentice license shall provide [
251 (a) the full name and address of the applicant;
252 (b) [
253 (c) the name of the licensed agency for which the applicant will be an employee,
254 apprentice, or contract registrant, if applicable;
255 (d) authorization of the licensed agency or its designee to employ the apprentice or
256 contract with the registrant, if applicable;
257 (e) a verified statement of the applicant's experience and qualifications as provided in
258 Section 53-9-108 ; and
259 (f) the fee prescribed in Section 53-9-111 .
260 (2) An application for a registrant or apprentice license or renewal shall be
261 accompanied by a surety bond in the amount of $10,000.
262 (3) The surety bond required by this section shall:
263 (a) protect against liability to third persons;
264 (b) be continuous in form and run concurrently with the license period; and
265 (c) provide for notice to the bureau in the event of cancellation of the surety bond.
266 (4) (a) The bureau shall cancel a license when it receives notice from the insurer that
267 the bond required in Subsection (2) has expired or been canceled.
268 (b) The licensee shall be notified by the bureau when a license has been cancelled
269 under this Subsection (4).
270 (c) The license may be reinstated when the licensee:
271 (i) files proof of a bond for the remainder of the license period; and
272 (ii) pays the reinstatement fee prescribed in Section 53-9-111 .
273 Section 7. Section 53-9-111 is amended to read:
274 53-9-111. License and registration fees -- Deposit in General Fund.
275 (1) Fees for licensure and renewal shall be as follows:
276 (a) for an original agency license application and license, $200, plus an additional fee
277 for the costs of fingerprint processing and background investigation;
278 (b) for the renewal of an agency license, $100;
279 (c) for an original registrant or apprentice license application and license, $100, plus an
280 additional fee for the costs of fingerprint processing and background investigation;
281 (d) for the renewal of a registrant or apprentice license, $50;
282 (e) for filing an agency renewal application more than 30 days after the expiration date
283 of the license, a delinquency fee of $50;
284 (f) for filing a registrant or apprentice renewal application more than 30 days after the
285 expiration date of the registration, a delinquency fee of $30;
286 (g) for the reinstatement of any license, $50;
287 (h) for a duplicate identification card, $10; and
288 (i) for the fingerprint processing fee, an amount that does not exceed the cost to the
290 for the purpose of obtaining federal criminal history record information.
291 (2) (a) The [
292 upon receipt of a renewal application on forms as prescribed by the [
293 upon receipt of the fees prescribed in Subsection (1).
294 (b) The renewal of a license requires the filing of [
296 required by this chapter. Renewal of a license [
297 after expiration.
298 (c) A licensee may not engage in any activity subject to this chapter during any period
299 between the date of expiration of the license and the renewal of the license.
300 (3) (a) The [
301 (i) the period of suspension has been completed;
302 (ii) the [
303 on forms prescribed by the [
304 (iii) the applicant has:
305 (A) filed [
306 certificates of insurance or proof of surety bond as required by this chapter; and
307 (B) paid the fees required by this section for renewal, including a delinquency fee if the
308 application is not received by the [
309 the suspension.
310 (b) Renewal of the license does not entitle the licensee, while the license remains
311 suspended and until it is reinstated, to engage in any activity regulated by this chapter, or in any
312 other activity or conduct in violation of the order or judgment by which the license was
314 (4) The [
315 application for a license from a person whose license has been revoked for at least one year
316 from the date of revocation.
317 (5) All fees, except the fingerprint processing fee, collected by the [
318 under this section shall be deposited in the General Fund.
319 Section 8. Section 53-9-113 is amended to read:
320 53-9-113. Grounds for denial of a license -- Appeal.
321 (1) The board may deny a license or the renewal of a license if the applicant has:
322 (a) committed an act that, if committed by a licensee, would be grounds for probation,
323 suspension, or revocation of a license under this chapter;
324 (b) employed or contracted with a person who has been refused a license under this
325 chapter or who has had a license revoked;
326 (c) while not licensed under this chapter, committed, or aided and abetted the
327 commission of, any act for which a license is required by this chapter; or
328 (d) knowingly made a material misstatement in connection with an application for a
329 license or renewal of a license.
330 (2) (a) The board's denial of a license under this chapter shall:
331 (i) be in writing;
332 (ii) describe the basis for the denial; and
333 (iii) inform the applicant that if the applicant desires a hearing to contest the denial, the
334 applicant shall submit a request in writing to the board within 30 days after the denial has been
335 sent [
336 (b) The board shall schedule a hearing on the denial for the next board meeting after
337 the applicant's request for a hearing has been received by the board.
338 (3) The decision of the board may be appealed to the commissioner, who may:
339 (a) return the case to the board for reconsideration;
340 (b) modify the board's decision; or
341 (c) reverse the board's decision.
342 (4) The [
344 (5) Decisions of the commissioner are subject to judicial review pursuant to Section
345 63G-4-402 .
346 Section 9. Section 53-9-117 is amended to read:
347 53-9-117. Authority to investigate complaint -- Filing of complaints -- Response --
348 Retention of records -- Appeal -- Penalties collected.
349 (1) The [
350 advertising services or engaged in performing services that require a license under this chapter
351 and shall investigate if a licensee is engaged in activities that do not comply with or are
352 prohibited by this chapter.
353 (2) The [
354 regard to the place or location in which a violation may have occurred, and on the complaint of
355 any person, may investigate any alleged violation of this chapter or the business and business
356 methods of any licensee or applicant for licensure under this chapter.
357 (3) Complaints against any licensee shall be filed with the [
358 writing on forms prescribed by the [
359 (a) Upon receipt of a complaint, or at the request of the board, the [
360 bureau shall assign the complaint to an investigator within the [
361 (b) The [
362 shall answer the complaint in writing within 15 working days of the date the complaint is sent
364 (4) In any investigation undertaken by the [
365 request shall provide records and truthfully respond to questions concerning activities regulated
366 under this chapter.
367 (a) These records shall be maintained for five years at the principal place of business of
368 the licensee or at another location approved by the board for a person whose license has been
369 terminated, canceled, or revoked.
370 (b) On request by the [
371 (i) during normal business hours or other time acceptable to the parties, make its
372 records available immediately to the [
373 determines that an extension may be granted; and
374 (ii) provide copies of any business records requested by the [
375 (5) Upon completion of the investigation, the [
376 findings of fact to the board, and shall make a recommendation as to whether disciplinary
377 action is warranted under [
378 action should be taken under Subsection [
379 (6) (a) If the [
380 recommendations in Subsection (5) shall be sent by the [
381 certified mail.
382 (b) The notice shall include the [
386 (c) The board shall give the licensee an opportunity at the meeting to present testimony
387 and evidence in response to the bureau's recommendation.
388 (7) If the board finds, based on the investigation or hearing, that a violation of Section
389 53-9-118 has occurred, notice of the board's decision shall be sent to the licensee at the
390 licensee's most recent address in the bureau's files by certified mail, return receipt requested.
391 (8) Based on information the board receives from the investigation or during a hearing,
392 the board may:
393 (a) dismiss the complaint if the board finds it is without merit;
394 (b) take emergency action;
395 (c) issue a letter of concern, if applicable;
396 (d) impose a civil penalty not to exceed $500;
397 (e) place the license on suspension for a period of not more than 12 months;
398 (f) revoke the license; and
399 (g) place all records, evidence findings, and conclusion, and any other information
400 pertinent to the investigation, in a confidential and protected records section of the licensee's
401 file maintained at the bureau.
402 (9) A letter of concern issued for a violation of Section 53-9-118 is a document that is
403 retained by the bureau and may be used in future disciplinary actions against a licensee.
404 (10) (a) Appeal of the board's decision shall be made in writing to the commissioner
405 within 15 days from the date the board's decision is mailed to the licensee.
406 (b) The commissioner shall review the board's finding and may affirm, return to the
407 board for reconsideration, reverse, adopt, modify, supplement, amend, or reject the
408 recommendation of the board.
409 (11) (a) The commissioner shall issue a final written order within 30 days outlining the
410 decision on appeal.
411 (b) The final order is final agency action for purposes of judicial review under Section
412 63G-4-402 .
413 (12) (a) If the board finds, based on the bureau's investigation, that the public health,
414 safety, or welfare requires emergency action, the board may order a summary suspension of a
415 license pending proceedings for revocation or other action.
416 (b) If the board issues a summary suspension order, the board shall issue to the licensee
417 a written notice of the order and indicate the licensee's right to request a formal hearing before
418 the board. The notice shall be mailed to the licensee by certified mail, return receipt requested.
419 (c) The licensee's request for a formal hearing shall be in writing and mailed to the
420 bureau within 30 working days of the date the summary suspension was mailed to the licensee.
421 (13) All penalties collected under this section shall be deposited in the General Fund.
422 Section 10. Section 53-9-118 is amended to read:
423 53-9-118. Grounds for disciplinary action.
425 for a license if a person engages in [
427 renewal of an existing license;
429 representing that the licensee is an instrumentality of the federal government, a state, or any
430 political subdivision of a state;
432 for any advertising, solicitation, or contract to secure business unless the name is an authorized
433 fictitious name;
435 contractor to impersonate a peace officer or employee of the United States, any state, or a
436 political subdivision of a state;
438 statute, court order, or injunction in the course of a business regulated under this chapter;
442 dangerous weapon;
445 conviction of threatening to commit any act of personal violence or force against any person;
451 any act during the period when the license is expired or suspended;
453 between the parties and for which compensation has been paid or tendered in accordance with
454 the agreement of the parties unless the licensee chooses to withdraw from the case and returns
455 the funds for work not yet completed;
457 licensee, or its employee or contract agent as a result of activities regulated under this chapter;
459 or investigative records requested by the board or an authorized representative of the
462 or agency to conduct activities regulated under this chapter if the licensure status was known or
463 could have been ascertained by reasonable inquiry;
465 conduct services as described in this chapter on an independent contractor basis and not under
466 the authority of the licensed agency;
468 insurance, or a surety bond, if applicable;
470 revoked or suspended license;
472 that has an adverse impact on investigations being conducted on behalf of clients;
475 to any person having reasonable cause to verify the validity of the license;
478 controlled, or protected records under Section 63G-2-801 ; or
514 Section 11. Section 53-11-115 is amended to read:
515 53-11-115. License fees -- Deposit in General Fund.
516 (1) Fees for licensure, registration, and renewal are:
517 (a) for an original bail enforcement agent license application and license, $250, which
518 shall include the costs of fingerprint processing and background investigation;
519 (b) for the renewal of a bail enforcement agent or bail bond recovery agency license,
521 (c) for an original bail recovery agent license application and license, $150, which shall
522 include the costs of fingerprint processing and background investigation;
523 (d) for the renewal of each bail recovery agent license, $100;
524 (e) for an original bail recovery apprentice license application and license, $150, which
525 shall include the costs of fingerprint processing and background investigation;
526 (f) for the renewal of each bail recovery apprentice license, $100;
527 (g) for filing a renewal application under Subsection (1)(b) more than 30 days after the
528 expiration date of the license, a delinquency fee of $50;
529 (h) for filing a renewal application under Subsection (1)(d) more than 30 days after the
530 expiration date of the registration, a delinquency fee of $30;
531 (i) for filing a renewal application under Subsection (1)(f) more than 30 days after the
532 expiration date of the apprentice license, a delinquency fee of $30;
533 (j) for the reinstatement of a bail enforcement agent or bail bond recovery agency
534 license, $50;
535 (k) for a duplicate identification card, $10; and
536 (l) for reinstatement of an identification card, $10.
537 (2) (a) The board may renew a license granted under this chapter upon receipt of an
538 application on forms as prescribed by the board and upon receipt of the fees prescribed in
539 Subsection (1).
540 (b) The renewal of a bail enforcement agent, bail recovery agent, or bail recovery
541 apprentice license requires the filing of a bond or liability insurance policy as [
542 required in Subsections 53-9-109 (2) and (3).
543 (c) A license may not be renewed more than 90 days after its expiration.
544 (d) A licensee may not engage in any activity subject to this chapter during any period
545 between the date of expiration of the license and the renewal of the license.
546 (3) (a) The board may reinstate a suspended license upon completion of the term of
548 (b) Renewal of the license does not entitle the licensee, while the license remains
549 suspended and until it is reinstated, to engage in any activity regulated by this chapter, or in any
550 other activity or conduct in violation of the order or judgment by which the license was
552 (4) The board may not reinstate a revoked license or accept an application for a license
553 from a person whose license has been revoked for at least one year after the date of revocation.
554 (5) All fees collected by the department under this section shall be deposited in the
555 General Fund.
Legislative Review Note
as of 2-10-11 1:53 PM