32-2401. Definitions


In this chapter, unless the context otherwise requires:


1. "Advertising" means the submission of bids, contracting or making known by any
public notice, publication or solicitation of business, directly or indirectly, that
services regulated under this chapter are available for consideration.


2. "Agency license" means a certificate that is authenticated by the department and
that attests that a qualifying party is authorized to conduct the business of private
investigations in this state.


3. "Applicant" means a person who has submitted a completed application and all
required application and fingerprint processing fees.


4. "Associate" means a person who is a partner or corporate officer in a private
investigation agency.


5. "Board" means the private investigator and security guard hearing board
established by section 32-2404.


6. "Conviction" means an adjudication of guilt by a federal, state or local court
resulting from trial or plea, including a plea of no contest, regardless of whether the
adjudication of guilt was set aside or vacated.


7. "Department" means the department of public safety.


8. "Director" means the director of the department of public safety.


9. "Emergency action" means a summary suspension of a license pending revocation,
suspension or probation in order to protect the public health, safety or welfare.


10. "Employee" means an individual who works for an employer, is listed on the
employer's payroll records and is under the employer's direction and control.


11. "Employer" means a person who is licensed pursuant to this chapter, who employs
an individual for wages or salary, who lists the individual on the employer's payroll
records and who withholds all legally required deductions and contributions.


12. "Identification card" means a card issued by the department to a qualified
applicant for an agency license, an associate or a registrant.


13. "Insurance adjuster" means a person other than a private investigator who, for
any consideration, engages in any of the activities prescribed in the definition of
private investigator in this section in the course of adjusting or otherwise
participating in the disposal of any claim under or in connection with a policy of
insurance.


14. "Letter of concern" means an advisory letter to notify a private investigator
that while there is insufficient evidence to support probation or suspension or
revocation of a license the department believes the private investigator should modify or
eliminate certain practices and that continuation of the activities that led to the
information being submitted to the department may result in further disciplinary action
against the private investigator's license.


15. "Licensee" means a person to whom an agency license is granted pursuant to this
chapter.


16. "Private investigator" means a person other than an insurance adjuster or an
on-duty peace officer as defined in section 1-215 who, for any consideration, engages in
business or accepts employment to:


(a) Furnish, agree to make or make any investigation for the purpose of obtaining
information with reference to:


(i) Crime or wrongs done or threatened against the United States or any state or
territory of the United States.


(ii) The identity, habits, conduct, movements, whereabouts, affiliations,
associations, transactions, reputation or character of any person or group of persons.


(iii) The credibility of witnesses or other persons.


(iv) The whereabouts of missing persons, owners of abandoned property or escheated
property or heirs to estates.


(v) The location or recovery of lost or stolen property.


(vi) The causes and origin of, or responsibility for, a fire, libel, slander, a
loss, an accident, damage or an injury to real or personal property.


(b) Secure evidence to be used before investigating committees or boards of award
or arbitration or in the trial of civil or criminal cases and the preparation therefor.


(c) Investigate threats of violence and provide the service of protection of
individuals from serious bodily harm or death.


17. "Qualifying party" means the individual meeting the qualifications under this
chapter for an agency license.


18. "Registrant" means an employee of a licensed agency qualified to perform the
services of the agency.


19. "Registration certificate" means a certificate that is authenticated by the
department and that attests that an employee of a business holding an agency license has
satisfactorily complied with article 3 of this chapter.


20. "Restructuring" means any change in a business' legal status.


21. "Unprofessional conduct" means any of the following:


(a) Engaging or offering to engage by fraud or misrepresentation in activities
regulated by this chapter.


(b) Aiding or abetting a person who is not licensed pursuant to this chapter in
representing that person as a private investigator in this state.


(c) Gross negligence in the practice of a private investigator.


(d) Failing or refusing to maintain adequate records and investigative findings on
a client. For purposes of this subdivision, "adequate records" means records containing,
at a minimum, sufficient information to identify the client, the dates of service, the
fee for service, the payments for service, the type of service given and copies of any
reports that may have been made.


(e) Committing a felony or a misdemeanor involving any crime that is grounds for
denial, suspension or revocation of a private investigator license or employee
identification card. In all cases, conviction by a court of competent jurisdiction or a
plea of no contest is conclusive evidence of the commission.


(f) Making a fraudulent or untrue statement to the department, the board or its
investigators, staff or consultants.