CHAPTER 1. PRIVATE INVESTIGATOR FIRM LICENSING
IC 25-30
ARTICLE 30. PRIVATE INVESTIGATOR FIRMS,SECURITY GUARDS, AND POLYGRAPH EXAMINERS
IC 25-30-1
Chapter 1. Private Investigator Firm Licensing
IC 25-30-1-1
Short title
Sec. 1. This chapter may be cited as the "Private Investigator FirmLicense Law".
(Formerly: Acts 1961, c.163, s.1.) As amended by Acts 1982,P.L.154, SEC.87; P.L.185-2007, SEC.8.
IC 25-30-1-1.2
Repealed
(Repealed by P.L.185-2007, SEC.28.)
IC 25-30-1-2
Definitions
Sec. 2. As used in this chapter:
(1) "Person" means an individual, a firm, a company, anassociation, an organization, a partnership, or a corporation.
(2) "Licensee" means a person licensed under this chapter.
(3) "Private investigator firm" means the business of:
(A) making, for hire or reward, investigation orinvestigations for the purpose of obtaining information withreference to:
(i) a crime against the state or wrongs done or threatened;
(ii) the habits, conduct, movements, whereabouts,association, transactions, reputation, or character of aperson;
(iii) credibility of witnesses or other persons;
(iv) the location or recovery of lost, abandoned,unclaimed, or stolen property;
(v) the causes, origin, or responsibility for fires oraccidents or injuries to real or personal property; or
(vi) the truth or falsity of a statement or representation;
(B) securing, for hire or reward, evidence to be used forauthorized investigation committees or boards of award orarbitration or in the trial of civil or criminal cases; or
(C) providing, for hire or reward, undercover investigatorsto detect and prevent fraud and theft in the workplace orelsewhere.
(4) "Board" refers to the private investigator and security guardlicensing board established under section 5.2 of this chapter.
(5) "Licensing agency" refers to the Indiana professionallicensing agency established under IC 25-1-5-3.
(6) "Business entity" means a firm, a company, an association,
an organization, a partnership, or a corporation.
(Formerly: Acts 1961, c.163, s.2; Acts 1965, c.162, s.1; Acts 1967,c.171, s.1.) As amended by Acts 1982, P.L.154, SEC.88;P.L.261-1987, SEC.1; P.L.234-1989, SEC.5; P.L.214-1993, SEC.66;P.L.236-1995, SEC.46; P.L.1-2006, SEC.474; P.L.185-2007, SEC.9;P.L.3-2008, SEC.196.
IC 25-30-1-3
Necessity of license
Sec. 3. It shall be unlawful for a person to:
(1) engage in business as a private investigator firm;
(2) solicit or advertise for business as a private investigatorfirm; or
(3) represent or hold the person out as a private investigatorfirm;
unless the person is licensed as a private investigator firm under thischapter and complies with this chapter and rules adopted under thischapter.
(Formerly: Acts 1961, c.163, s.3.) As amended by Acts 1982,P.L.154, SEC.89; P.L.234-1989, SEC.6; P.L.185-2007, SEC.10.
IC 25-30-1-4
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-30-1-5
Exceptions to licensing requirements
Sec. 5. This chapter does not require any of the following personsto be a licensee:
(1) A law enforcement officer of the United States, a state, or apolitical subdivision of a state to the extent that the officer oremployee is engaged in the performance of the officer's oremployee's official duties.
(2) Any person to the extent that the person is engaged in thebusiness of furnishing and obtaining information concerning thefinancial rating of other persons.
(3) A collection agency licensed by the secretary of state or itsemployee acting within the scope of the employee'semployment, to the extent that the person is making aninvestigation incidental to the business of the agency, includingan investigation of the location of a debtor or a debtor's assetsin a property that the client has an interest in or a lien upon.
(4) An attorney or employee of an attorney to the extent that theperson is engaged in investigative matters incident to thedelivery of professional services that constitute the practice oflaw.
(5) An insurance adjuster to the extent that the adjuster isemployed in the investigation and settlement of claims madeagainst insurance companies or persons insured by insurancecompanies if the adjuster is a regular employee of the insurance
company and the insurance company is authorized to dobusiness in Indiana and is complying with the laws regulatinginsurance companies in Indiana.
(6) A person primarily engaged in the business of furnishinginformation for:
(A) business decisions and transactions in connection withcredit, employment, or marketing; or
(B) insurance underwriting purposes;
including a consumer reporting agency as defined by the FairCredit Reporting Act (15 U.S.C. 1681 et seq.).
(7) A retail merchant or an employee of the retail merchant tothe extent that the person is hiring a private investigator for thepurposes of loss prevention investigations for the retailmerchant's retail establishment.
(8) A professional engineer registered under IC 25-31 or aperson acting under a registered professional engineer'ssupervision, to the extent the professional engineer is engagedin an investigation incident to the practice of engineering.
(9) An architect with a certificate of registration under IC 25-4,to the extent the architect is engaged in an investigation incidentto the practice of architecture.
(10) A land surveyor with a certificate of registration underIC 25-21.5, to the extent the land surveyor is engaged in aninvestigation incident to the practice of land surveying.
(11) A certified public accountant with a certificate underIC 25-2.1-3, to the extent that the person is engaged in aninvestigation incident to the practice of accountancy.
(12) An independent consultant employed by the attorneygeneral under IC 32-34-1-48, to the extent that the independentconsultant is engaged in providing services for the attorneygeneral.
(Formerly: Acts 1961, c.163, s.5.) As amended by Acts 1982,P.L.154, SEC.91; P.L.261-1987, SEC.2; P.L.234-1989, SEC.7;P.L.245-1995, SEC.1; P.L.42-1999, SEC.1; P.L.185-2007, SEC.11.
IC 25-30-1-5.1
Repealed
(Repealed by P.L.185-2007, SEC.28.)
IC 25-30-1-5.2
Private investigator and security guard licensing board;establishment; members; terms; salaries
Sec. 5.2. (a) The private investigator and security guard licensingboard is established.
(b) The board consists of:
(1) the superintendent of the state police department or thesuperintendent's designee; and
(2) the following six (6) members appointed by the governorfrom different geographic regions of Indiana as determined bythe governor: (A) Two (2) individuals who are associated with a privateinvestigator firm licensed under this article.
(B) Two (2) individuals who are associated with a securityguard agency licensed under this article.
(C) One (1) local law enforcement official.
(D) One (1) person who is not associated with the privateinvestigator firm or security guard agency other than as aconsumer.
(c) Each member of the board appointed by the governor shallserve a term of two (2) years.
(d) The governor may remove a board member appointed by thegovernor for incompetency or failure to perform the member's dutiesunder this chapter.
(e) A vacancy in the membership of the board shall be filled byappointment by the governor for the unexpired term.
(f) Each member of the board who is not a state employee isentitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). Each member of the board is entitled toreimbursement for traveling expenses and other expenses actuallyincurred in connection with the member's duties, as provided in thestate travel policies and procedures established by the Indianadepartment of administration and approved by the budget agency.
As added by P.L.185-2007, SEC.12.
IC 25-30-1-5.3
Election of president and vice president
Sec. 5.3. The board shall, at its first meeting of each year, elect apresident and a vice president from among its membership by amajority vote of all the members of the board.
As added by P.L.234-1989, SEC.9. Amended by P.L.214-1993,SEC.68.
IC 25-30-1-5.5
Rules
Sec. 5.5. (a) The board shall adopt rules under IC 4-22-2 toimplement this chapter.
(b) The board may not adopt rules concerning qualifications forlicensure that are so restrictive that a person may not be licensedunder this chapter.
As added by P.L.234-1989, SEC.10.
IC 25-30-1-6
Powers and duties of licensing agency
Sec. 6. The licensing agency shall assist the board by performingadministrative functions under this chapter.
(Formerly: Acts 1961, c.163, s.6.) As amended by Acts 1982,P.L.154, SEC.92; P.L.234-1989, SEC.11.
IC 25-30-1-6.5
Meeting; quorum Sec. 6.5. (a) The board shall meet upon the call of the boardpresident.
(b) Four (4) members of the board constitute a quorum.
As added by P.L.185-2007, SEC.13.
IC 25-30-1-7
Application for license
Sec. 7. (a) An application for licensure as a private investigatorfirm must be on a form prescribed by the board accompanied by thelicense fee established by the board under IC 25-1-8.
(b) The application for licensure as a private investigator firmshall include the following:
(1) The full name and business address, including streetaddress, of the applicant.
(2) The name under which the applicant intends to do businessas a private investigator firm.
(3) The full name and residential address of each of the privateinvestigator firm's members, partners, officers, directors, andmanagers.
(4) The proof of insurance required by section 15 of thischapter.
(5) Other information, evidence, statements, or documentsrequired by the board.
(Formerly: Acts 1961, c.163, s.7.) As amended by Acts 1982,P.L.154, SEC.93; P.L.234-1989, SEC.12; P.L.194-2005, SEC.74;P.L.185-2007, SEC.14.
IC 25-30-1-8
Qualifications for license; grounds for denial
Sec. 8. (a) The board may not issue a private investigator firmlicense to an individual unless the individual:
(1) is at least twenty-one (21) years of age; and
(2) demonstrates the necessary knowledge and skills, asdetermined by the board, to conduct a private investigator firmcompetently.
(b) The board may not issue a private investigator firm license toa business entity unless:
(1) one (1) officer, in the case of a corporation; or
(2) one (1) partner, in the case of a partnership;
meets the personal qualifications as set out in subsection (a), unlessotherwise provided.
(c) The board may deny a license unless the applicant makes ashowing satisfactory to the board that the applicant or, if theapplicant is a business entity, the officer or partner referred to insubsection (b):
(1) has not committed an act which, if committed by a licensee,would be grounds for the suspension or revocation of a licenseunder this chapter;
(2) has not been convicted of a:
(A) felony; or (B) misdemeanor that has a direct bearing upon theapplicant's ability to practice competently;
(3) has not been refused a license under this chapter or had alicense revoked;
(4) has not, while unlicensed, committed or aided and abettedin the commission of an act for which a license is required bythis chapter;
(5) is not on probation or parole; and
(6) is not being sought under an active warrant against theapplicant, officer, or partner.
(Formerly: Acts 1961, c.163, s.8.) As amended by Acts 1978, P.L.2,SEC.2549; P.L.261-1987, SEC.3; P.L.234-1989, SEC.13;P.L.214-1993, SEC.69; P.L.185-2007, SEC.15; P.L.3-2008,SEC.197.
IC 25-30-1-8.5
Change in ownership; termination of license
Sec. 8.5. If a change in the ownership of a private investigatorfirm results in the failure to meet the qualifications set forth insection 8 of this chapter:
(1) the license of the private investigator firm terminates on thedate the change in ownership is effective; and
(2) the private investigator firm must file a new application fora license as a private investigator firm with the board.
As added by P.L.185-2007, SEC.16.
IC 25-30-1-9
Continuation of business after death of licensee
Sec. 9. (a) Upon the death of an individual licensed under thischapter, the private investigator firm with which the decedent wasconnected may be carried on for a period of ninety (90) days after theindividual's death by the following:
(1) In the case of an individual licensee the surviving spouse, orif there is no surviving spouse, the executor or administrator ofthe estate of the decedent.
(2) In the case of a partner, the surviving partners.
(3) In the case of an officer of a business entity, the otherofficers of the business entity.
(b) Upon the authorization of the board, the private investigatorfirm may be carried on for a further period of time when necessaryto complete an investigation or assist in litigation pending at thedeath of the decedent.
(c) Nothing in this section authorizes the solicitation oracceptance of business after the death of the decedent except asprovided by this chapter.
(d) Nothing in this section shall be construed to restrict the sale ofa private investigator firm if the vendee qualifies for a license underthis chapter.
(Formerly: Acts 1961, c.163, s.9.) As amended by Acts 1982,P.L.154, SEC.94; P.L.234-1989, SEC.14; P.L.185-2007, SEC.17.
IC 25-30-1-10
Form of license; pocket card; change of information; assignmentof license
Sec. 10. (a) A license, when issued, shall be in a form determinedby the board and shall include the following:
(1) The full name of the licensee.
(2) The number and expiration date of the license.
(b) Upon the issuance of a private investigator firm license, apocket card shall be issued without charge to the licensee. When alicense is revoked, the pocket card shall be surrendered and, not laterthan five (5) days after revocation, shall be mailed or delivered bythe licensee to the board for cancellation.
(c) A licensed private investigator firm shall, not later than thirty(30) days after a change, notify the board of any changes to the:
(1) licensee's address;
(2) name under which the licensee does business; and
(3) licensee's officers, directors, members, or partners.
(d) A license issued under this chapter is not assignable and ispersonal to the licensee.
(e) A licensee shall present, upon the request of a client, a pocketcard license that indicates the:
(1) license is active; and
(2) licensee is in good standing.
(Formerly: Acts 1961, c.163, s.10.) As amended by Acts 1982,P.L.154, SEC.95; P.L.234-1989, SEC.15; P.L.214-1993, SEC.70;P.L.236-1995, SEC.47; P.L.185-2007, SEC.18.
IC 25-30-1-11
Employees of licensee
Sec. 11. (a) A licensee may employ, to assist the licensee in thelicensee's business as a private investigator firm, as many unlicensedpersons as may be necessary. The licensee is civilly responsible forthe good conduct of all employees while the unlicensed persons areacting on behalf of the licensee.
(b) A licensee shall maintain a record, relative to the licensee'semployees, containing the following information:
(1) A picture taken within thirty (30) days of the date that theemployee commences employment with the licensee.
(2) A full set of fingerprints of both hands of the employee.
(c) A licensed private investigator firm shall, at the board'srequest, provide the board with a roster of all unlicensed individualsemployed by the private investigator firm.
(Formerly: Acts 1961, c.163, s.11.) As amended by Acts 1978, P.L.2,SEC.2550; P.L.234-1989, SEC.16; P.L.214-1993, SEC.71;P.L.236-1995, SEC.48; P.L.185-2007, SEC.19.
IC 25-30-1-12
Repealed
(Repealed by P.L.35-1984, SEC.10.)
IC 25-30-1-13
Advertisements
Sec. 13. An advertisement by a licensee soliciting or advertisingfor business must contain the name and address of the licensee asthey appear in the records of the board.
(Formerly: Acts 1961, c.163, s.13.) As amended by P.L.234-1989,SEC.17.
IC 25-30-1-14
Nonresidents
Sec. 14. It shall be unlawful for a person licensed by any otherstate to do business in Indiana unless the person is licensed andauthorized to do business in Indiana. A person may not do businessin Indiana until the person is licensed with the board and meets therequirements for licensees of this state. In addition, an out-of-stateperson must prove to the board that the person is in good standing inthe state the person was issued a license.
(Formerly: Acts 1961, c.163, s.14.) As amended by P.L.234-1989,SEC.18; P.L.214-1993, SEC.72; P.L.185-2007, SEC.20.
IC 25-30-1-15
Insurance
Sec. 15. (a) An applicant for a private investigator firm licenseshall submit to the board a certificate of insurance or other evidenceof financial responsibility that:
(1) is approved by the board; and
(2) meets the following requirements:
(A) Is issued by an insurance company or other legal entityauthorized to transact business in Indiana.
(B) Provides for general liability coverage of at least onehundred thousand dollars ($100,000).
(C) Lists the state as an additional insured.
(D) States that cancellation and nonrenewal of theunderlying policy or other evidence of financialresponsibility is not effective until the board receives writtennotice at least ten (10) days before the cancellation ornonrenewal of the policy.
(E) Contains any other terms and conditions established bythe board.
(b) The insurance referred to in subsection (a):
(1) must cover damages that the insured becomes legallyobligated to pay for bodily injury or property damageproximately caused to a person by the insured in conductingbusiness as a private investigator firm;
(2) must include coverage for:
(A) false arrest, detention, or imprisonment;
(B) malicious prosecution; and
(C) wrongful entry or eviction, or other invasion of the rightof private occupancy; and
(3) may not exclude coverage for an intentional act taken by or
at the direction of the insured that results in bodily injury, ifsuch injury arises solely from the use of reasonable force for thepurpose of protecting persons or property.
(c) If a licensee fails to comply with the insurance requirementsof this section, the license of the licensee shall be suspended. Alicense suspended under this subsection may not be reinstated untilan application for reinstatement of the license, in the form prescribedby the board, is filed with the board, together with proper proof ofinsurance.
(d) The board may deny an application for the reinstatement of alicense suspended under this section, notwithstanding the applicant'scompliance with the insurance requirements of this section for anyof the following:
(1) Any reason that would justify a refusal to issue, asuspension, or a revocation of a license.
(2) The performance by the applicant, while the applicant'slicense was suspended under this section, of any practice forwhich a license under this chapter is required.
(Formerly: Acts 1961, c.163, s.15.) As amended by Acts 1982,P.L.154, SEC.97; P.L.261-1987, SEC.4; P.L.157-1988, SEC.1;P.L.234-1989, SEC.19; P.L.214-1993, SEC.73; P.L.185-2007,SEC.21.
IC 25-30-1-16
Expiration; reinstatement
Sec. 16. (a) Unless a license is renewed, a license issued underthis chapter expires on a date specified by the licensing agency underIC 25-1-6-4 and expires every four (4) years after the initialexpiration date. An applicant for renewal shall pay the renewal feeestablished by the board under IC 25-1-8-2 on or before the renewaldate specified by the licensing agency.
(b) If the holder of a license does not renew the license by the datespecified by the licensing agency, the license expires and becomesinvalid without any action taken by the board.
(c) If a license has been expired for not more than three (3) years,the license may be reinstated by the board if the holder of the licensemeets the requirements under IC 25-1-8-6(c).
(d) If a license has been expired for more than three (3) years, thelicense may be reinstated by the board if the holder of the licensemeets the requirements for reinstatement under IC 25-1-8-6(d).
(Formerly: Acts 1961, c.163, s.16.) As amended by Acts 1982,P.L.154, SEC.98; P.L.234-1989, SEC.20; P.L.214-1993, SEC.74;P.L.194-2005, SEC.75; P.L.157-2006, SEC.68; P.L.185-2007,SEC.22; P.L.105-2008, SEC.57.
IC 25-30-1-17
Fees
Sec. 17. (a) The board shall charge and the licensing agency shallcollect the fees established by the board under IC 25-1-8.
(b) All fees collected under this chapter shall go into the general
fund and shall be accounted for by the licensing agency.
(c) All fees collected under this chapter are nontransferable andnonrefundable.
(Formerly: Acts 1961, c.163, s.17.) As amended by Acts 1982,P.L.154, SEC.99; P.L.5-1988, SEC.137; P.L.234-1989, SEC.21;P.L.214-1993, SEC.75; P.L.194-2005, SEC.76; P.L.185-2007,SEC.23.
IC 25-30-1-18
Administrative proceedings; violation of professional standards;sanctions against licensees
Sec. 18. (a) The proceedings under this chapter shall be conductedin accordance with IC 4-21.5. In conducting proceedings under thischapter, the board has all powers granted under IC 4-21.5.
(b) The board may impose sanctions against a licensee underIC 25-1-11 if the board determines that the licensee has done any ofthe following:
(1) Forcibly and without the consent of the person in lawfulpossession, entered a building or portion of a building.
(2) Impersonated, permitted an employee to impersonate, oraided and abetted an employee in impersonating:
(A) a law enforcement officer;
(B) an employee of the United States government;
(C) an employee of the state; or
(D) an employee of a political subdivision of the state.
(3) During the period between the expiration of a license forfailure to renew within the time fixed by this chapter and thereinstatement of the license, committed or permitted anemployee to commit an act that would be cause for suspensionor revocation of a license or grounds for the denial of theapplication for a license.
(4) Committed an act that is grounds for a denial of anapplication for a license under this chapter.
(Formerly: Acts 1961, c.163, s.18.) As amended by Acts 1978, P.L.2,SEC.2551; P.L.7-1987, SEC.127; P.L.234-1989, SEC.22;P.L.214-1993, SEC.76; P.L.3-2008, SEC.198.
IC 25-30-1-19
Carrying weapons
Sec. 19. Nothing in this chapter shall be construed to authorizeany licensee to carry any weapon.
(Formerly: Acts 1961, c.163, s.19.) As amended by P.L.3-1989,SEC.147.
IC 25-30-1-19.5
Action to collect fees; burden of proving licensure or exemption
Sec. 19.5. A person that files a civil action to collect fees forperforming acts regulated by this chapter must allege and prove thatwhen the action arose the person was not in violation of section 22of this chapter.As added by P.L.214-1993, SEC.77. Amended by P.L.185-2007,SEC.24.
IC 25-30-1-20
Prosecuting attorneys; reporting violations
Sec. 20. It shall be the duty of a prosecuting attorney to whom theboard reports a violation of this chapter to cause proceedings to becommenced against a person violating this chapter and to prosecutethe person to final termination.
(Formerly: Acts 1961, c.163, s.20.) As amended by P.L.234-1989,SEC.23.
IC 25-30-1-21
Violations; fines; separate offenses; complaints
Sec. 21. (a) A person who violates this chapter commits a ClassA misdemeanor.
(b) A person violates this chapter if the person is not exemptunder section 5 of this chapter, does not have a private investigatorfirm license, and knowingly or intentionally:
(1) engages in the private investigator firm business;
(2) solicits or advertises for business as a private investigatorfirm; or
(3) in any way represents to be a private investigator firm.
(c) In addition to any other fine imposed on the person, the courtshall fine the person convicted of an offense under subsection (b) theamount of compensation earned by the person in the commission ofthe offense. Notwithstanding IC 35-50-3-2, the total fine imposedunder this section may exceed ten thousand dollars ($10,000) ifnecessary to comply with this subsection.
(d) Each transaction under subsection (b) constitutes a separateoffense.
(e) A complaint for a violation of this chapter or for an injunctionunder section 22 of this chapter is sufficient if the complaint allegesthat a person on a specific day in a specific county:
(1) engages in business as a private investigator firm;
(2) solicited or advertised for business as a private investigatorfirm; or
(3) represented to be a private investigator firm;
without a private investigator firm license.
(f) A person who knowingly or intentionally fails or refuses tosurrender a private investigator firm license issued under this chapterwhen the license is revoked by the board commits a Class Amisdemeanor.
(Formerly: Acts 1961, c.163, s.21.) As amended by Acts 1978, P.L.2,SEC.2552; P.L.214-1993, SEC.78; P.L.1-1998, SEC.134;P.L.185-2007, SEC.25.
IC 25-30-1-22
Activities by unlicensed persons; show cause notice; cease anddesist order Sec. 22. (a) If the board determines that a person that is notlicensed or exempt under this chapter is engaged in activities thatrequire a license, the board may send a notice of hearing requiringthe person to show cause why the challenged activities are not aviolation of this chapter. The notice must be in writing and includethe following information:
(1) The date, time, and place of the hearing.
(2) The alleged violation.
(3) That the affected person or the person's representative maypresent evidence concerning the alleged violation.
(b) A hearing conducted under this section must comply with therequirements under IC 4-21.5.
(c) If the board after a hearing determines that the activities thatthe person engaged in are subject to licensing under this chapter, theboard may issue a cease and desist order that describes the personand activities that are the subject of the order.
(d) A cease and desist order issued under this section isenforceable in the circuit courts of Indiana.
(e) The attorney general, the board, or the prosecuting attorney ofany county where a violation of section 21(b) of this chapter occursmay file an action in the name of the state for an injunction.
As added by P.L.214-1993, SEC.79. Amended by P.L.185-2007,SEC.26.