§463-6  Private detectives and detective
agencies; qualifications for license.  (a)  The board may grant a private
detective license to any suitable individual, or a detective agency license to
any suitable firm making written application therefor.  The applicant, if an
individual, or the principal detective of a firm shall:



(1)  Be not less than eighteen years of age;



(2)  Have had a high school education or its
equivalent;



(3)  Have had experience reasonably equivalent to at
least four years of full-time investigational work;



(4)  Not be presently suffering from any psychiatric
or psychological disorder which is directly related and detrimental to a
person's performance in the profession;



(5)  Not have been convicted in any jurisdiction of a
crime which reflects unfavorably on the fitness of the applicant to engage in
the profession, unless the conviction has been annulled or expunged by court
order; and



(6)  Possess a history of honesty, truthfulness,
financial integrity, and fair dealing.



A firm applying for a detective agency license shall
have in its employ an individual who is licensed as a private detective and who
shall be designated as the principal detective for the firm, and shall provide
a bond as required under section 463-12.



(b)  A detective agency may employ as many
agents, operatives, and assistants in an investigative capacity and as
necessary for the conduct of business; provided that the principal detective
shall be held responsible for, and have direct management and control of, the
agency and the agency's employees while they are acting within the scope and
purpose of the detective agency's business.  These employees shall not
be required to have private detective licenses, and shall:



(1)  Have had an eighth grade education or its equivalent;



(2)  Not be presently suffering from any psychiatric
or psychological disorder which is directly related and detrimental to a
person's performance in the profession;



(3)  Not have been convicted in any jurisdiction of a
crime which reflects unfavorably on the fitness of the employee to engage in
the profession, unless the conviction has been annulled or expunged by court
order; and



(4)  Be registered with the board upon employment with
the agency.



The employer, with the written authorization of the
employee, shall conduct a criminal history records check of all new employees
employed in an investigative capacity directly through the Hawaii criminal
justice data center upon certification to the board that the signature on the
authorization is authentic. [L 1961, c 77, pt of §1; am L 1965, c 35, §1; Supp,
§165A-6; HRS §463-6; am L 1974, c 21, §2 and c 205, §2(23); am L 1983, c 40,
§3; am L 1987, c 57, §3; am L 1994, c 122, §3; am L 2004, c 94, §5]



 



Cross References



 



  Hawaii criminal justice data center, see chapter 846.