(a) License Required. Any person, firm, association, or corporation desiring to carry on or engage inthe private protective services profession in this State shall be licensed inaccordance with this Chapter.
(b) Application. Toapply for a license, an applicant must submit a verified application in writingto the Board that includes all of the following:
(1) Full name, homeaddress, post office box, and the actual street address of the applicant'sbusiness.
(2) The name under whichthe applicant intends to do business.
(3) A statement as tothe general nature of the business in which the applicant intends to engage.
(4) The full name andaddress of any partners in the business and the principal officers, directorsand business manager, if any.
(5) The names of notless than three unrelated and disinterested persons as references of whominquiry can be made as to the character, standing, and reputation of thepersons making the application.
(6) Such otherinformation, evidence, statements, or documents as may be required by theBoard.
(7) Accompanying traineepermit applications only, a notarized statement signed by the applicant and hisemployer stating that the trainee applicant will at all times work with andunder the direct supervision of a licensed private detective.
(c) Qualifying Agent. A business entity, other than a sole proprietorship, that engages in privateprotective services is subject to all of the requirements listed in thissubsection with respect to a qualifying agent. For purposes of this Chapter, a"qualifying agent" is an individual in a management position who islicensed under this Chapter and whose name and address have been registeredwith the Director. The requirements are:
(1) The business entityshall employ a designated resident qualifying agent who meets the requirementsfor a license issued under this Chapter and who is, in fact, licensed under theprovisions of this Chapter, unless otherwise approved by the Board. Providedhowever, that this approval shall not be given unless the business entity hasand continuously maintains in this State a registered agent who shall be anindividual resident in this State. Service upon the registered agent appointedby the business entity of any process, notice, or demand required by orpermitted to be served upon the business entity by the Private ProtectiveServices Board shall be binding upon the business entity and the licensee.Nothing herein contained shall limit or affect the right to serve any process,notice, or demand required or permitted by law to be served upon a businessentity in any other manner now or hereafter permitted by law.
(2) Repealed by SessionLaws 2009‑328, s. 3, effective October 1, 2009.
(3) In the event thatthe qualifying agent upon whom the business entity relies in order to dobusiness ceases to perform his duties as qualifying agent, the business entityshall notify the Director within 10 working days. The business entity mustobtain a substitute qualifying agent within 30 days after the originalqualifying agent ceases to serve as qualifying agent unless the Board, in itsdiscretion, extends this period, for good cause, for a period of time not toexceed three months.
(4) The certificateauthorizing the business entity to engage in a private protective servicesprofession shall list the name of at least one designated qualifying agent. Nolicensee shall serve as the qualifying agent for more than one business entitywithout prior approval of the Director, subject to the approval of the Board.
(5) Repealed by SessionLaws 2009‑328, s. 3, effective October 1, 2009.
(d) Criminal RecordCheck. An applicant must meet all of the following requirements andqualifications determined by a background investigation conducted by the Board inaccordance with G.S. 74C‑8.1 and upon receipt of an application:
(1) That the applicantis at least 18 years of age.
(2) That the applicantis of good moral character and temperate habits. The following shall be primafacie evidence that the applicant does not have good moral character ortemperate habits: conviction by any local, State, federal, or military court ofany crime involving the illegal use, carrying, or possession of a firearm;conviction of any crime involving the illegal use, possession, sale,manufacture, distribution, or transportation of a controlled substance, drug,narcotic, or alcoholic beverage; conviction of a crime involving feloniousassault or an act of violence; conviction of a crime involving unlawfulbreaking or entering, burglary, larceny, or any offense involving moralturpitude; or a history of addiction to alcohol or a narcotic drug; providedthat, for purposes of this subsection, "conviction" means andincludes the entry of a plea of guilty or no contest or a verdict rendered inopen court by a judge or jury.
(3) Repealed by SessionLaws 1989, c. 759, s. 6.
(4) That the applicanthas the necessary training, qualifications, and experience in order todetermine the applicant's competency and fitness as the Board may determine byrule for all licenses to be issued by the Board.
(e) Examination. TheBoard may require the applicant to demonstrate the applicant's qualificationsby oral or written examination or by successful completion of a Board‑approvedtraining program, or all three.
(f) Issuance. Upon afinding that the application is in proper form, the completion of thebackground investigation, and the completion of an examination required by theBoard, the Director shall submit to the Board the application and the Director'srecommendations. Upon completion of the background investigation, the Directormay issue a temporary license pending approval of the application by the Boardat the next regularly scheduled meeting. The Board shall determine whether toapprove or deny the application for a license. Upon approval by the Board, alicense will be issued to the applicant upon payment by the applicant of theinitial license fee and the required contribution to the Private ProtectiveServices Education Fund, and certificate of liability insurance.
(1) through (5) Repealed bySession Laws 1989, c. 759, s. 6.
(g) Confidentiality. Exceptfor purposes of administering the provisions of this section and for lawenforcement purposes, the home address or telephone number of an applicant,licensee, or the spouse, children, or parents of an applicant or licensee isconfidential under G.S. 132‑1.2, and the Board shall not disclose thisinformation unless the applicant or licensee consents to the disclosure. Theprovisions of this subsection shall not apply when a licensee's home address ortelephone number is also the licensee's business address and telephone number.Violation of this subsection shall constitute a Class 3 misdemeanor. (1973, c. 47, s. 2; c. 528,s. 1; 1975, c. 592, s. 1; 1977, c. 570, s. 2; 1979, c. 818, s. 2; 1983, c. 673,s. 3; c. 794, ss. 3, 11; 1985, c. 560; 1987, c. 657, ss. 2, 2.1; 1989, c. 759,s. 6; 1999‑446, s. 1; 2001‑487, s. 64(c); 2002‑147, s. 3;2009‑328, s. 3.)
(a) License Required. Any person, firm, association, or corporation desiring to carry on or engage inthe private protective services profession in this State shall be licensed inaccordance with this Chapter.
(b) Application. Toapply for a license, an applicant must submit a verified application in writingto the Board that includes all of the following:
(1) Full name, homeaddress, post office box, and the actual street address of the applicant'sbusiness.
(2) The name under whichthe applicant intends to do business.
(3) A statement as tothe general nature of the business in which the applicant intends to engage.
(4) The full name andaddress of any partners in the business and the principal officers, directorsand business manager, if any.
(5) The names of notless than three unrelated and disinterested persons as references of whominquiry can be made as to the character, standing, and reputation of thepersons making the application.
(6) Such otherinformation, evidence, statements, or documents as may be required by theBoard.
(7) Accompanying traineepermit applications only, a notarized statement signed by the applicant and hisemployer stating that the trainee applicant will at all times work with andunder the direct supervision of a licensed private detective.
(c) Qualifying Agent. A business entity, other than a sole proprietorship, that engages in privateprotective services is subject to all of the requirements listed in thissubsection with respect to a qualifying agent. For purposes of this Chapter, a"qualifying agent" is an individual in a management position who islicensed under this Chapter and whose name and address have been registeredwith the Director. The requirements are:
(1) The business entityshall employ a designated resident qualifying agent who meets the requirementsfor a license issued under this Chapter and who is, in fact, licensed under theprovisions of this Chapter, unless otherwise approved by the Board. Providedhowever, that this approval shall not be given unless the business entity hasand continuously maintains in this State a registered agent who shall be anindividual resident in this State. Service upon the registered agent appointedby the business entity of any process, notice, or demand required by orpermitted to be served upon the business entity by the Private ProtectiveServices Board shall be binding upon the business entity and the licensee.Nothing herein contained shall limit or affect the right to serve any process,notice, or demand required or permitted by law to be served upon a businessentity in any other manner now or hereafter permitted by law.
(2) Repealed by SessionLaws 2009‑328, s. 3, effective October 1, 2009.
(3) In the event thatthe qualifying agent upon whom the business entity relies in order to dobusiness ceases to perform his duties as qualifying agent, the business entityshall notify the Director within 10 working days. The business entity mustobtain a substitute qualifying agent within 30 days after the originalqualifying agent ceases to serve as qualifying agent unless the Board, in itsdiscretion, extends this period, for good cause, for a period of time not toexceed three months.
(4) The certificateauthorizing the business entity to engage in a private protective servicesprofession shall list the name of at least one designated qualifying agent. Nolicensee shall serve as the qualifying agent for more than one business entitywithout prior approval of the Director, subject to the approval of the Board.
(5) Repealed by SessionLaws 2009‑328, s. 3, effective October 1, 2009.
(d) Criminal RecordCheck. An applicant must meet all of the following requirements andqualifications determined by a background investigation conducted by the Board inaccordance with G.S. 74C‑8.1 and upon receipt of an application:
(1) That the applicantis at least 18 years of age.
(2) That the applicantis of good moral character and temperate habits. The following shall be primafacie evidence that the applicant does not have good moral character ortemperate habits: conviction by any local, State, federal, or military court ofany crime involving the illegal use, carrying, or possession of a firearm;conviction of any crime involving the illegal use, possession, sale,manufacture, distribution, or transportation of a controlled substance, drug,narcotic, or alcoholic beverage; conviction of a crime involving feloniousassault or an act of violence; conviction of a crime involving unlawfulbreaking or entering, burglary, larceny, or any offense involving moralturpitude; or a history of addiction to alcohol or a narcotic drug; providedthat, for purposes of this subsection, "conviction" means andincludes the entry of a plea of guilty or no contest or a verdict rendered inopen court by a judge or jury.
(3) Repealed by SessionLaws 1989, c. 759, s. 6.
(4) That the applicanthas the necessary training, qualifications, and experience in order todetermine the applicant's competency and fitness as the Board may determine byrule for all licenses to be issued by the Board.
(e) Examination. TheBoard may require the applicant to demonstrate the applicant's qualificationsby oral or written examination or by successful completion of a Board‑approvedtraining program, or all three.
(f) Issuance. Upon afinding that the application is in proper form, the completion of thebackground investigation, and the completion of an examination required by theBoard, the Director shall submit to the Board the application and the Director'srecommendations. Upon completion of the background investigation, the Directormay issue a temporary license pending approval of the application by the Boardat the next regularly scheduled meeting. The Board shall determine whether toapprove or deny the application for a license. Upon approval by the Board, alicense will be issued to the applicant upon payment by the applicant of theinitial license fee and the required contribution to the Private ProtectiveServices Education Fund, and certificate of liability insurance.
(1) through (5) Repealed bySession Laws 1989, c. 759, s. 6.
(g) Confidentiality. Exceptfor purposes of administering the provisions of this section and for lawenforcement purposes, the home address or telephone number of an applicant,licensee, or the spouse, children, or parents of an applicant or licensee isconfidential under G.S. 132‑1.2, and the Board shall not disclose thisinformation unless the applicant or licensee consents to the disclosure. Theprovisions of this subsection shall not apply when a licensee's home address ortelephone number is also the licensee's business address and telephone number.Violation of this subsection shall constitute a Class 3 misdemeanor. (1973, c. 47, s. 2; c. 528,s. 1; 1975, c. 592, s. 1; 1977, c. 570, s. 2; 1979, c. 818, s. 2; 1983, c. 673,s. 3; c. 794, ss. 3, 11; 1985, c. 560; 1987, c. 657, ss. 2, 2.1; 1989, c. 759,s. 6; 1999‑446, s. 1; 2001‑487, s. 64(c); 2002‑147, s. 3;2009‑328, s. 3.)
(a) License Required. Any person, firm, association, or corporation desiring to carry on or engage inthe private protective services profession in this State shall be licensed inaccordance with this Chapter.
(b) Application. Toapply for a license, an applicant must submit a verified application in writingto the Board that includes all of the following:
(1) Full name, homeaddress, post office box, and the actual street address of the applicant'sbusiness.
(2) The name under whichthe applicant intends to do business.
(3) A statement as tothe general nature of the business in which the applicant intends to engage.
(4) The full name andaddress of any partners in the business and the principal officers, directorsand business manager, if any.
(5) The names of notless than three unrelated and disinterested persons as references of whominquiry can be made as to the character, standing, and reputation of thepersons making the application.
(6) Such otherinformation, evidence, statements, or documents as may be required by theBoard.
(7) Accompanying traineepermit applications only, a notarized statement signed by the applicant and hisemployer stating that the trainee applicant will at all times work with andunder the direct supervision of a licensed private detective.
(c) Qualifying Agent. A business entity, other than a sole proprietorship, that engages in privateprotective services is subject to all of the requirements listed in thissubsection with respect to a qualifying agent. For purposes of this Chapter, a"qualifying agent" is an individual in a management position who islicensed under this Chapter and whose name and address have been registeredwith the Director. The requirements are:
(1) The business entityshall employ a designated resident qualifying agent who meets the requirementsfor a license issued under this Chapter and who is, in fact, licensed under theprovisions of this Chapter, unless otherwise approved by the Board. Providedhowever, that this approval shall not be given unless the business entity hasand continuously maintains in this State a registered agent who shall be anindividual resident in this State. Service upon the registered agent appointedby the business entity of any process, notice, or demand required by orpermitted to be served upon the business entity by the Private ProtectiveServices Board shall be binding upon the business entity and the licensee.Nothing herein contained shall limit or affect the right to serve any process,notice, or demand required or permitted by law to be served upon a businessentity in any other manner now or hereafter permitted by law.
(2) Repealed by SessionLaws 2009‑328, s. 3, effective October 1, 2009.
(3) In the event thatthe qualifying agent upon whom the business entity relies in order to dobusiness ceases to perform his duties as qualifying agent, the business entityshall notify the Director within 10 working days. The business entity mustobtain a substitute qualifying agent within 30 days after the originalqualifying agent ceases to serve as qualifying agent unless the Board, in itsdiscretion, extends this period, for good cause, for a period of time not toexceed three months.
(4) The certificateauthorizing the business entity to engage in a private protective servicesprofession shall list the name of at least one designated qualifying agent. Nolicensee shall serve as the qualifying agent for more than one business entitywithout prior approval of the Director, subject to the approval of the Board.
(5) Repealed by SessionLaws 2009‑328, s. 3, effective October 1, 2009.
(d) Criminal RecordCheck. An applicant must meet all of the following requirements andqualifications determined by a background investigation conducted by the Board inaccordance with G.S. 74C‑8.1 and upon receipt of an application:
(1) That the applicantis at least 18 years of age.
(2) That the applicantis of good moral character and temperate habits. The following shall be primafacie evidence that the applicant does not have good moral character ortemperate habits: conviction by any local, State, federal, or military court ofany crime involving the illegal use, carrying, or possession of a firearm;conviction of any crime involving the illegal use, possession, sale,manufacture, distribution, or transportation of a controlled substance, drug,narcotic, or alcoholic beverage; conviction of a crime involving feloniousassault or an act of violence; conviction of a crime involving unlawfulbreaking or entering, burglary, larceny, or any offense involving moralturpitude; or a history of addiction to alcohol or a narcotic drug; providedthat, for purposes of this subsection, "conviction" means andincludes the entry of a plea of guilty or no contest or a verdict rendered inopen court by a judge or jury.
(3) Repealed by SessionLaws 1989, c. 759, s. 6.
(4) That the applicanthas the necessary training, qualifications, and experience in order todetermine the applicant's competency and fitness as the Board may determine byrule for all licenses to be issued by the Board.
(e) Examination. TheBoard may require the applicant to demonstrate the applicant's qualificationsby oral or written examination or by successful completion of a Board‑approvedtraining program, or all three.
(f) Issuance. Upon afinding that the application is in proper form, the completion of thebackground investigation, and the completion of an examination required by theBoard, the Director shall submit to the Board the application and the Director'srecommendations. Upon completion of the background investigation, the Directormay issue a temporary license pending approval of the application by the Boardat the next regularly scheduled meeting. The Board shall determine whether toapprove or deny the application for a license. Upon approval by the Board, alicense will be issued to the applicant upon payment by the applicant of theinitial license fee and the required contribution to the Private ProtectiveServices Education Fund, and certificate of liability insurance.
(1) through (5) Repealed bySession Laws 1989, c. 759, s. 6.
(g) Confidentiality. Exceptfor purposes of administering the provisions of this section and for lawenforcement purposes, the home address or telephone number of an applicant,licensee, or the spouse, children, or parents of an applicant or licensee isconfidential under G.S. 132‑1.2, and the Board shall not disclose thisinformation unless the applicant or licensee consents to the disclosure. Theprovisions of this subsection shall not apply when a licensee's home address ortelephone number is also the licensee's business address and telephone number.Violation of this subsection shall constitute a Class 3 misdemeanor. (1973, c. 47, s. 2; c. 528,s. 1; 1975, c. 592, s. 1; 1977, c. 570, s. 2; 1979, c. 818, s. 2; 1983, c. 673,s. 3; c. 794, ss. 3, 11; 1985, c. 560; 1987, c. 657, ss. 2, 2.1; 1989, c. 759,s. 6; 1999‑446, s. 1; 2001‑487, s. 64(c); 2002‑147, s. 3;2009‑328, s. 3.)
