Private Investigators Licensure Act

Transcription

The 2015 Guide to the New Colorado
Private Investigators Licensure Act
What you absolutely need to know about the new law to work
as a Private Investigator in Colorado
Version 01062015
Compiled and Commented on by the Board of the
Professional Private Investigators Association of Colorado
www.ppiac.org
January 6, 2015
Hello fellow investigator (or future investigator!),
Welcome to our fourth update of the Guide to the Colorado Private Investigators
Licensure Act. We have attempted to keep this guide brief, with answers to the most
asked questions regarding the law and to include the most recent version of Senate Bill
14-133.
It has been a long road in our battle to join in the efforts of the many industry
stakeholders, supporters, and state legislators that wanted to get private investigations
licensing back on the books. Our goal has always been to support them and the
investigations industry, and we want to thank everyone that was involved for a job well
done!
We invite you to drop by one of meetings and check out how our association can help
you learn more about Private Investigations in Colorado, as well as get informed on
what is happening in our great industry. Check out our calendar on our website at
www.ppiac.org.
Sincerely,
Steve Davis
Ryan Johnston
John Morris
Michael Miranda
Andrea Orozco
Stason Ikenouye
Rod Gagnon
Heather Cohen
Bob Wall
Autumn Sanelli
Chairman
President
Treasurer
Secretary
VP of Legislative Affairs
VP of Training
VP of Membership
Senior Board Members at Large
“When did the new law get passed?”
On June 6th of 2014 Colorado Senate Bill 14-133 was signed into law, repealing
the Private Investigators Voluntary Licensure Act (HB 11-1195). As such, the
Private Investigators Voluntary Licensing Program is discontinued effective June
6, 2014.
“What state office oversees the new mandatory license?”
The Office of Private Investigator Licensure (an office under the Department of
Regulatory Agencies, a/k/a DORA) licenses Private Investigators in Colorado.
The Office’s activities include licensing, investigation of complaints, determination
of discipline, and enforcement of discipline for those who violate the Colorado
Statutes and the Office of Private Investigator Licensure Rules. The Office of
Private Investigator Licensure is a Director Model program without an advisory
committee.
“When does the new law take effect?”
SB 14-133 replaces the prior voluntary program with the Private Investigators
Licensure Act, which establishes a new mandatory licensure program, requiring
all Colorado private investigators to obtain a license from the division by June 1,
2015.
“What is the penalty for working as a PI without a license after 6/1/2015?”
The violator may be served with a cease-and-desist order by the Director.
Unlicensed activity is a Class 2 Misdemeanor for the first offense, and a
Class 1 Misdemeanor for the second and any subsequent offenses.
“What is the status of my Voluntary License then?”
All voluntary Private Investigator licenses are now expired. Licensees expired
under this issue will receive a pro-rated refund based on the unused portion of
their licensure period.
“So my Voluntary License won’t automatically become one of these new
Mandatory Licenses?”
No. You will have to apply again.
“When do I get my refund for my Voluntary License?”
DORA stated in an email update on 1/5/2015 that “Refunds will be issued
beginning in late January 2015. The Office will credit a portion of the refund to a
new application fee for those who intend to continue practicing as private
investigators and therefore apply for a new license.”
“So, when will I be able to apply for my license? “
DORA anticipates that you will be able to apply for your license online in March
of 2015.
“When can I take the jurisprudence exam?”
The exam is going to be an online exam, which will be a test about the law itself
and the rules. Therefore a licensee will have access to this information before,
during, and after the test. At this point we believe that once you have passed the
exam you move onto the application process. DORA has indicated that they will
try to make it possible to retake the exam fairly quickly, if the exam is not passed.
DORA stated that there are no study guides available as the test is based on the
current law. They will provide a link to the law so in essence this will be an open
book test. Because of this DORA will not approve any study guide or vendors
that say they have one available. NOTE: Be warned: we know there are vendors
out there that are already stating that they have a study guide. However this is
not possible since the test hasn’t been created yet.
“If I pass everything, how do I get my license?”
You can print your license from your own computer, therefore saving DORA the
expense or sending it out to you (and helping to keep our license fees down).
“What will the cost be for this new license?”
The Application fee will be $330 for both Level I and Level II private investigators.
“Do you know what the renewal fees will be yet?”
Renewal fees will depend on the number of licensees. Again, we will keep you
updated as to changes as they become available.
“How big of a bond will I have to be covered by?”
DORA has not made that determination yet, and will decide that in the coming
months. As of right now, they want to set the bond at an amount that is
commensurate with an average retainer amount that a PI would typically accept
from a consumer. The loose figure that DORA was throwing around during the
legislative hearings was $10,000.
The PPIAC has spoken to several people in the insurance industry as well as
investigators who already have a bond and the general consensus is that a
$10,000 bond will normally cost approximately $100 per year. This is also the
smallest fee an investigator can pay for a surety bond, therefore there will not be
any additional savings for a lower bond.
“I am insured already. Why do I need a bond?”
The legislators and DORA feel that a bond will be a better avenue of recourse to
the consumer, in the event that an investigator took a retainer and never
performed services for that consumer.
“What do I need to have to qualify for the new license?”



You must pay the required fee.
Post a surety bond (the amount is pending).
Pass a state and national fingerprint-based background check.



For a Level 1 License:
Be at least 21 years old.
Be present in the USA.
Pass a jurisprudence exam.


For a Level 2 License:
Satisfy the requirement for a Level 1 license.
Have verifiable, applicable, industry experience.
“Who is exempt from this new law?”





Collection and consumer reporting agencies
Certified Peace Officers
Government-employed investigators
An Accountant or Certified Fraud Examiner
Process Servers






Attorneys
Fugitive Recovery Professionals
Fire/Explosion Investigator
Insurance Claim Investigator
Journalist
Genealogist
Note: REGARDING AN INVESTIGATOR EMPLOYED OR CONTRACTED BY A
PUBLIC OR GOVERNMENTAL AGENCY; as you can see above any PI that is
doing work under contract through the Colorado Office of Alternate Defense
Counsel is exempt from a requirement to obtain a license. However, it should be
made clear to all ADC investigators: If you accept a single assignment that is not
an ADC case, you will need to possess a Colorado PI license.
“If I’m exempt can I still apply for a PI license?”
Yes, you can.
“I have a PI license from another state. Will Colorado recognize my license/s?”
There will be no reciprocity in this program as this item was not included in the
law.
“How long will my background check take?”
DORA tells us that CBI assures them that the problems that plagued this area
have been resolved, and a background check shouldn't take more than two
weeks. PPIAC is watching this issue very closely and plans to make inquiries
with the appropriate people at CBI to ensure that our members are well informed
about the turnaround time for background checks. But PPIAC also recommends
that you obtain your background check as soon as the procedures for doing so
have been published by DORA.
“Can I have a felony in my background and still get a license?”
This will be up to the discretion of the director of the program. Some things that
might be considered in determining the answer might be, how long ago the
conviction was and what law was violated to warrant the conviction.
“What will be the minimum qualifications for the Level II License?”
The minimum qualifications for a Level II license is something that DORA is still
deciding.
PPIAC is suggesting the use of the Voluntary program as a starting point for the
discussion, but other factors that will be considered include diplomas or
certificates obtained from education and training. There are multiple factors that
must be considered and PPIAC will continue to advocate in the best interest of
our members. The general consensus is between 4,000 to 6,000 hours.
“When will these "rulemaking" hearings begin?”
The last meeting with DORA was on January 5, 2015. This was the general
public’s last chance to give input to what they would consider changing. DORA
was extremely receptive to what all the investigators said. At this point DORA
has 20 days to submit their last draft of the rules to the Secretary of State for
approval. The PPIAC has request that when these are submitted that a copy of
the draft be available online for viewing by all investigators.
“What are the grounds for losing the license?”
If you’re convicted of a felony that the underlying factual basis was found to
involve unlawful sexual behavior, domestic violence, stalking, or violation of a
protection order, amongst other things. Bottom line is it will be up to the
discretion of the Director of DORA.
“What happens if my license lapses?”
You will have a 60 day grace period to renew your license. After that you will
have to go through a reinstatement process (yet to be determined how that will
occur).
“Will I need a license if I’m an employee of a licensed firm?”
Yes, every investigator in the state of Colorado will need to be licensed.
DEPARTMENT OF REGULATORY AGENCIES
Division of Professions and Occupations
Office of Private Investigator Licensing
4 CCR 750-1
PRIVATE INVESTIGATOR LICENSURE RULES AND REGULATIONS
_________________________________________________________________________________
Authority
Basis: The registration and regulation of Private Investigators is found in Title 12 ("Professions and
Occupations"), Article 58.5 ("Private Investigators") of the Colorado Revised Statutes. These rules are
promulgated pursuant to C.R.S. §§ 12-58.5-106(1)(b)(II), 107, 108(2)(a), and 109(2).
Scope and purpose
These rules are promulgated in order to carry out the powers and duties of the Director of the Division of
Professions and Occupations, Department of Regulatory Agencies ("Director") pursuant to Article 58.5 of
Title 12, C.R.S. These Rules shall be binding on every person authorized to practice, offering to practice,
or performing private investigation services in Colorado. All persons licensed Article 58.5 of Title 12,
C.R.S., are charged with having knowledge of the existence of these rules and shall be deemed to be
familiar with their provisions and to understand the rules.
These Rules are severable. If one rule or portion of a rule is found to be invalid, all other rules or portions
of rules that can be enforced without the invalid rules shall be enforced and shall remain valid.
Rule 1 - Definitions
Purpose: The purpose of this rule is to define terms used in the Private Investigator rules and statutes.
A.
“Applicant” means a person who applies for an initial or renewal license as a private
investigator.
B.
“Cause analysis” or “Failure analysis,” means an investigation conducted by a licensed
professional engineer acting within the scope of the practice of engineering.
C.
“Certified fraud examiner” means a person certified by the Association of Certified Fraud
Examiners, or its successor organization, as a Certified Fraud Examiner (“CFE”).
D.
“Claims adjustment or claims investigation” means an investigation undertaken to
determine the validity of an insurance claim.
E.
“Client” means any person who engages the services of a private investigator or private
detective.
F.
“Director” means the Director of the Division of Professions and Occupations, or the
Director’s Designee.
Private Investigator Licensing Rules and Regulations
1
G.
“Division” means the Division of Professions and Occupations in the Colorado
Department of Regulatory Agencies.
H.
“Employee” means a person who is hired for a wage, salary, fee, or payment to perform
work for an employer, and to whom the employer provides or will provide Internal
Revenue Service Form W-2 for work performed.
I.
“Independent contractor” means a person who performs work for another, but who is not
an employee.
J.
“Internal investigation” means an investigation undertaken within a company or
organization to uncover the truth about alleged misconduct within the organization or
company, conducted by an employee of and on behalf of the company or organization.
K.
“Genealogist” means a person who traces or studies the descent of persons or families.
L.
“Journalist” means a person who investigates and reports events, issues, and trends to
audiences in print, broadcast, and/or online media.
M.
“Level I Private Investigator” means a private investigator licensed as such by the
Director.
N.
“Level II Private Investigator” means a private investigator licensed as such by the
Director.
O.
“Licensee” means a private investigator licensed by the Director as a Level I or Level II
Private Investigator.
P.
“Person” means an individual, firm, company, association, organization, partnership, or
corporation.
Q.
“Private Investigation” means undertaking an investigation for the purpose of obtaining
information for others pertaining to:
1.
A crime, wrongful act, or threat against the United States or any State or Territory
of the United States;
2.
The identity, reputation, character, habits, conduct, business occupation,
honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty,
activity, movements, whereabouts, affiliations, associations, or transactions of a
person, group of persons, or organization;
3.
The credibility of witnesses or other persons;
4.
The whereabouts of missing persons;
5.
The determination of the owners of abandoned property;
6.
The causes and origin of, or responsibility for, libel, slander, a loss, an accident,
damage, or an injury to a person or to real or personal property;
7.
The business of securing evidence to be used before an investigatory committee,
board of award or arbitration, administrative body, or officer or in the preparation
for or in a civil or criminal trial;
2
8.
The business of locating persons who have become delinquent in their lawful
debts, when the private investigator locating the debtor is hired by an individual
or collection agency;
9.
The location or recovery of lost or stolen property;
10.
The affiliation, connection, or relationship of any person, firm, or corporation with
any organization, society, or association or with any official, representative, or
member of an organization, society, or association;
11.
The conduct, honesty, efficiency, loyalty, or activities of employees, persons
seeking employment, agents, contractors, or subcontractors; or
12.
The identity of persons suspected of crimes or misdemeanors.
R.
“Private Investigator” or “Private Detective” means a natural person who, for a fee,
reward, compensation, or other consideration, engages in a business or accepts
employment to conduct private investigations.
S.
“Service of process” means the delivery of legal papers to a person required to respond
to them.
Rule 2 - Jurisdiction for Regulation of Private Investigators
Purpose: The purpose of this rule is to specify what parties are subject to these rules as required by
C.R.S. § 12-58.5-104 as well as to clarify what activities or professions are exempted from these rules, as
required in C.R.S § 12-58.5-105.
A.
A Private Investigator must be licensed in Colorado if he or she is conducting private
investigations in Colorado.
B.
Exemptions from Licensure: Licensure as a Private Investigator is not required for the
following:
1.
A collection agency or consumer reporting agency as defined in C.R.S. § 12-14103(2) and (4.5), respectively.
2.
A person conducting an investigation on the person’s own behalf, or an
employee of any employer conducting an internal investigation on behalf of his or
her employer.
3.
An attorney licensed to practice law in Colorado, an employee of a licensed
attorney, or a person under contract to perform paralegal services for a licensed
attorney;
4.
A certified peace officer of a law enforcement agency operating in his or her
official capacity;
5.
A certified public accountant authorized to provide accounting services in
Colorado pursuant to Title 12, Article 2 of the Colorado Revised Statutes;
6.
An employee of a certified public accountant;
3
7.
An employee or affiliate of an accounting firm registered pursuant to C.R.S. §122-117;
8.
A person who conducts forensic accounting, fraud investigations, or other related
analysis of financial transactions based on information that is either publicly
available or provided by clients or other third parties and who is:
a.
An accountant or public accountant who is not regulated in the State of
Colorado;
b.
A certified fraud examiner; or
c.
An employee or independent contractor under the guidance of an
accountant, public accountant, or certified fraud examiner.
9.
A person who aggregates public records and charges a fee for accessing the
aggregated public records data;
10.
A person employed by an insurance company who is conducting claims
adjustment or claims investigation for the purposes of an insurance claim;
11.
An investigator employed or contracted by a public or governmental agency;
12.
A journalist or genealogist;
13.
A person serving process within Colorado, performing his or her duties in
compliance with the Colorado or Federal Rules of Civil Procedure or in
accordance with applicable foreign state court rules or laws pertaining to service
of foreign process within this state, or performing any task associated with
effecting service of process, all of which includes inquiries related to effective
proper service of process and resulting supporting proofs, declarations, affidavits
of service, or declarations or affidavits of due diligence to support alternative
methods of service of process; except that a process server who performs
private investigations outside the efforts to effect service of process is not exempt
from the license requirements and must obtain a license as a private investigator
in order to perform those private investigations;
14.
A person attempting to recover a fugitive when that person is a bail bonding
agent or cash-bonding agent qualified to write bail bonds pursuant to Title 10,
Article 23 of the Colorado Revised Statutes, or is acting pursuant to a contract
with or at the request of a qualified bail bonding agent or cash-bonding agent;
15.
An owner, employee, or independent contractor of an agency conducting an
investigation to determine the origin and cause of a fire or explosion;
16.
An owner, employee, or independent contractor of an agency conducting an
investigation for cause analysis or failure analysis where the investigation is
conducted by an engineer licensed pursuant to Title 12, Article 25 of the
Colorado Revised Statutes acting within his or her area of expertise and within
the scope of the practice of engineering;
17.
Any other person holding a license issued by the authority of Title 12 of the
Colorado Revised Statutes and practicing within the scope of his or her practice.
4
Rule 3– Application for Licensure
Purpose: The purpose of this rule is to specify the form and manner of an application for private
investigator licensure, as required in C.R.S § 12-58.5-106(1) and C.R.S § 12-58.5-107.
A.
B.
An applicant for a Level I Private Investigator License shall meet the following
requirements:
1.
Apply in a manner determined by the Director, submitting the appropriate fee
determined by the Director;
2.
Be at least twenty-one (21) years of age;
3.
Be lawfully present in the United States;
4.
Take and pass a jurisprudence examination developed and approved by the
Director to demonstrate knowledge and understanding of the laws and rules
affecting the ethics and activities of private investigators;
5.
Undergo a state and national fingerprint-based criminal history record check
utilizing records of the Colorado Bureau of Investigation and the Federal Bureau
of Investigation. The applicant, at his or her own expense, shall have his or her
fingerprints taken by a local law enforcement agency for submission to the
Colorado Bureau of Investigation; and
6.
Attest that the applicant will post and maintain, or be covered by, a surety bond
as described in Rule 4.
An applicant for a Level II Private Investigator License shall meet the following
requirements:
1.
Apply in a manner determined by the Director, submitting the appropriate fee
determined by the Director;
2.
Be at least twenty-one (21) years of age;
3.
Be lawfully present in the United States;
4.
Take and pass a jurisprudence examination developed and approved by the
Director to demonstrate knowledge and understanding of the laws and rules
affecting the ethics and activities of private investigators;
5.
Colorado Bureau of Investigation;
6.
Attest that the applicant will post and maintain, or be covered by, a surety bond
as described in Rule 4; and
7.
Attest, in a manner approved by the Director, of at least 4,000 hours of applicable
experience in any of the following:
a.
As a private investigator or private detective.
5
b.
Conducting investigations with a local, state, or federal law enforcement
agency.
c.
Any degree conferred by a college or university counts for experience in
the following manner:
i.
A two-year degree will satisfy 1,000 hours of the 4,000 hour
experience requirement.
ii.
A baccalaureate degree will satisfy 2,000 hours of the 4,000 hour
experience requirement.
iii.
A master’s or juris doctorate degree will satisfy 3,000 hours of
the 4,000 hour experience requirement.
d.
Pursuant to C.R.S. § 24-34-102(8.5), investigative experience gained in
military education, training, or service.
e.
Upon selection for a compliance audit with this Rule 3, it is the
applicant's responsibility to provide timely and complete evidence for the
Director's review and consideration. The applicant must submit
documentation supporting the assertion that the applicant meets the
applicable licensing requirements attested to within 30 days of the audit
notice. Failure to do so is grounds for discipline.
C.
An application is deemed received on the date that it is date-stamped as received by the
Division of Professions and Occupations (“application receipt date”). An application for a
license submitted without all required fees and documentation will be considered
incomplete. Incomplete applications will be retained for one (1) year from the application
receipt date, after which applicants shall be required to begin the application process
again including payment of the application fee. The Director will not consider or review
an incomplete application.
D.
Any use of fraud, misrepresentation or deceit in applying for or attempting to apply for a
license is subject to discipline.
Rule 4 – Surety Bond
Purpose: The purpose of this rule is to specify the form and manner whereby private investigators must
post and maintain, or be covered by, a surety bond, as required in C.R.S § 12-58.5-107.
A.
All Level I and Level II Private Investigators may not engage in private investigation
activities unless the licensee posts and maintains, or is covered by, a surety bond in the
amount of at least ten thousand dollars ($10,000).
B.
Each licensee shall maintain this surety bond for the duration of time he or she is
licensed and actively engaged in private investigation activities as a Level I or Level II
Private Investigator. The licensee may change surety bond providers but there shall be
no gap in coverage.
C.
Any failure to maintain or be covered by a complying surety bond shall be grounds for
discipline under C.R.S. § 12-58.5-109.
6
Rule 5 - Duty to report change of contact information to the Director’s office
Purpose: The purpose of this rule is to establish and clarify the requirements for licensees to notify the
Director of a change in contact information, as required for the administration of the program under
C.R.S. § 12-58.5-108(2).
A.
Licensees shall notify the Director of any name, address, telephone, or email change
within 30 days of the change in a manner prescribed by the Director. The Director will
not change the licensee’s information without explicit notification in the manner
prescribed by the Director.
B.
One or more of the following forms of documentation is necessary to change a name or
correct a social security number:
1.
Marriage license;
2.
Divorce decree;
3.
Court order; or
4.
A driver’s license or social security card with a second form of identification may
be acceptable at the discretion of the Director.
Rule 6 - Declaratory orders
Purpose: The purpose of this rule is to establish procedures for the handling of requests for declaratory
orders filed pursuant to the Colorado Administrative Procedure Act at C.R.S § 24-4-105(11).
A.
Any person or entity may petition the Director for a declaratory order to terminate
controversies or remove uncertainties as to the applicability of any statutory provision or
of any rule or order of the Director.
B.
The Director will determine, in the Director’s discretion and without notice to petitioner,
whether to rule upon any such petition. The Director shall promptly notify the petitioner of
the Director’s action and state the reasons for such action.
C.
In determining whether to rule upon a petition filed pursuant to this rule, the Director will
consider the following matters, among others:
1.
Whether a ruling on the petition will terminate a controversy or remove
uncertainties.
2.
Whether the petition involves any subject, question or issue which is the subject
of a formal or informal matter or investigation currently pending before the
Director or a court involving one or more of the petitioners.
3.
Whether the petition involves any subject, question or issue which is the subject
of a formal or informal matter or investigation currently pending before the
Director or a court but not involving any petitioner.
7
D.
E.
4.
Whether the petition seeks a ruling on a moot or hypothetical question or will
result in an advisory ruling or opinion.
5.
Whether the petitioner has some other adequate legal remedy, other than an
action for declaratory relief pursuant to Rule 57, Colorado Rules of Civil
Procedure, which will terminate the controversy or remove any uncertainty as to
the applicability to the petitioner of the statute, rule or order in question.
Any petition filed pursuant to this rule shall set forth the following:
1.
The name and address of the petitioner and whether the petitioner is licensed
pursuant to Title 12, Article 58.5.
2.
The statute, rule or order to which the petition relates.
3.
A concise statement of all of the facts necessary to show the nature of the
controversy or uncertainty and the manner in which the statute, rule or order in
question applies or potentially applies to the petitioner.
If the Director determines to rule on the petition, the following procedure shall apply:
1.
The Director may rule upon the petition based solely upon the facts presented in
the petition. In such case:
a.
Any ruling of the Director will apply only to the extent of the facts
presented in the petition and any amendment to the petition.
b.
The Director may order the petitioner to file a written brief, memorandum
or statement of position.
c.
The Director may set the petition, upon due notice to petitioner, for a
non-evidentiary hearing.
d.
The Director may dispose of the petition on the sole basis of the matters
set forth in the petition.
e.
The Director may request the petitioner to submit additional facts in
writing. In such event, such additional facts will be considered as an
amendment to the petition.
f.
The Director may take administrative notice of facts pursuant to the State
Administrative procedures Act §24-4-105(8), C.R.S., and may utilize
available experience, technical competence and specialized knowledge
in the disposition of the petition.
2.
If the Director rules upon the petition without a hearing, the Director shall
promptly notify the petitioner of the decision.
3.
The Director may, in the Director’s discretion, set the petition for hearing, upon
due notice to petitioner, for the purpose of obtaining additional facts or
information or to determine the truth of any facts set forth in the petition or to hear
oral argument on the petition. The notice to the petitioner setting forth such
hearing shall set forth, to the extent known, the factual or other matters into
which the Director intends to inquire. For the purpose of such a hearing, to the
extent necessary, the petitioner shall have the burden of proving all of the facts
8
stated in the petition, all of the facts necessary to show the nature of the
controversy or uncertainty and the manner in which the statute, rule or order in
question applies or potentially applies to the petitioner and any other facts the
petitioner desires the Director to consider.
F.
The parties to any proceeding pursuant to this rule shall be the Director and the
petitioner. Any other person may seek leave of the Director to intervene in such a
proceeding, and leave to intervene will be granted at the sole discretion of the Director. A
petition to intervene shall set forth the same matters as required in D of this rule. Any
reference to a “petitioner” in this rule also refers to any person who has been granted
leave to intervene by the Director.
G.
Any declaratory order or other order disposing of a petition pursuant to this rule shall
constitute final agency action subject to judicial review pursuant to § 24-4-106, C.R.S.
Rule 7 – Renewal and Reinstatement
Purpose: The purpose of this rule is to describe the form and manner of renewing and reinstating a
Private Investigator license, as required in C.R.S § 12-58.5-106(3).
A.
Renewal: Licensees shall renew their license as determined by the Director.
1.
A licensee shall have a sixty (60) day grace period after license expiration to
renew such license without the imposition of a disciplinary sanction for practicing
on an expired license. During this grace period, a delinquency fee shall be
charged for late renewal.
2.
A licensee or registrant who does not renew such license or registration within
the sixty (60) day grace period shall be deemed as having an expired license and
shall be ineligible to practice until such license is reinstated. If the licensee
practices with an expired license, the Director may impose discipline.
B.
A Private Investigator applying for reinstatement of an expired license shall complete a
reinstatement application and pay a reinstatement fee in the manner approved by the
Director.
C.
If the license has been expired for more than two (2) years from the date of receipt of the
reinstatement application, an applicant shall:
1.
2.
Establish competency to practice as follows:
i.
Verification of license in good standing from another state along with
proof of active practice in that state for the year previous to the date of
receipt of the reinstatement application;
ii.
Retaking and achieving a passing score on the Private Investigator
jurisprudence examination; or
iii.
By any other means approved by the Director.
9
Colorado Bureau of Investigation.
D.
An applicant for reinstatement who has actively practiced in Colorado with an expired
license in violation of C.R.S. § 12-58.5-104(1)(a) and C.R.S. § 12-58.5-104(1)(b) is
subject to denial of application, disciplinary action, and/or other penalties in accordance
with C.R.S. § 24-34-102 et seq.
Rule 8 – Standards of Practice
Purpose: The purpose of this rule is to list and define generally accepted standards of practice in the
Private Investigator profession, as specified in C.R.S. § 12-58.5-108(2)(a)(III).
A.
Contracts
1.
A licensee shall enter into written contract with each client, except as detailed in
this rule. A licensee is deemed to have entered into a written contract if the
licensee’s employer has entered into a contract that complies with the
requirements of this Rule 8(A).
2.
The contract must include, at minimum, the following:
a.
The date of the contract;
b.
The parties to the contract;
c.
A description of the services to be provided;
d.
A description of the fees required for the services to be provided;
e.
A description of how or when the contract will terminate or may be
terminated by one or both parties;
f.
A statement indicating that the client has the right to receive both an oral
and written report; and
g.
A statement indicating the number of days after a client’s request by
which a licensee must provide a written report to the client.
3.
A copy of the contract shall be furnished to the client.
4.
Nothing in this Rule 8(A) requires a contract to be executed for each assignment
or investigation. A licensee’s contract with a client may cover numerous
assignments or investigations.
5.
A written contract is not required under any of the following circumstances:
a.
In an emergency situation when the services of the licensee are required
and there is no time to enter into a written contract before conducting the
services;
b.
When providing services to an attorney;
10
B.
C.
D.
c.
When providing services to another licensee; or
d.
When providing services to an insurance company.
Conflicts of Interest
1.
A licensee shall not represent more than one party in an investigation unless the
licensee fully discloses such relationship to the parties involved.
2.
The licensee shall not accept compensation, financial or otherwise, from more
than one party for services on or relating to the same investigation, set of
circumstances, court case, or issues unless all interested parties consent in
writing after full disclosure by the licensee.
3.
The licensee shall avoid all known conflicts of interest with his or her employer or
client, and shall promptly inform his or her employer or client of any business
association, interest, or circumstance which could influence his or her judgment
or the quality of his or her services. When such a conflict is unavoidable, the
licensee shall forthwith disclose the circumstances to his or her employer or
client. A conflict exists when a private investigator, because of some personal
interest, finds it difficult to devote himself or herself with loyalty and singleness of
purpose to the best interest of his or her client or employer.
4.
The licensee shall take reasonable steps to ascertain the existence of potential
conflicts of interest among his or her employers or clients.
Confidentiality
1.
Except as required by state or federal law, the licensee shall keep all information
obtained in all cases confidential and for the use of the client only.
2.
This rule shall not be construed to:
a.
Limit a client’s ability to waive confidentiality;
b.
Affect in any way the licensee’s obligation to comply with a validly issued
and enforceable subpoena or summons;
c.
Prohibit review of a licensee’s professional practice by the Director; or
d.
Prohibit a licensee from utilizing any such relevant information in the
defense of a claim asserted against a licensee.
Recordkeeping
1.
Licensees shall keep separate and distinct files for each client. These files shall
be kept for a minimum of seven (7) years from the date the investigation is
completed.
2.
All records of each licensee must be kept in a reasonably secure manner to
prevent access by unauthorized parties. Each record must contain at least the
following:
a.
All contracts and written agreements with the client;
11
E.
F.
b.
Date investigative activities began;
c.
Any final written report;
d.
Accurate accounting of time spent;
e.
Accurate accounting of activities conducted; and
f.
Accurate accounting of expenses incurred by the licensee during the
course of the investigation.
3.
Records must be preserved in a manner that they are reasonably safe from
intentional or accidental destruction and degradation.
4.
Records shall be stored in a readily accessible manner. “Readily accessible”
means in a form that can be produced within ten (10) days of demand, under
ordinary business conditions.
5.
Record destruction shall occur in a manner that ensures the records cannot be
reconstructed.
Advertising
1.
No licensee shall publish or cause to be published any advertisement, letterhead,
circular, statement, or phrase of any sort which suggests that the licensee is an
official law enforcement or investigative agency.
2.
Any vehicle used by the licensee that is marked in any manner by the use of
painted signs, decals, or other means shall not be of a design so similar to those
of local, state, federal, or military authorities as to create confusion.
3.
A licensee shall not falsify or permit misrepresentation of his or her academic or
professional qualifications. He or she shall not misrepresent or exaggerate his or
her degree of responsibility in or for the subject matter of prior assignments.
4.
In the course of business as a private investigator, a licensee shall not wear, use,
or display a badge, shield, or star that substantially resembles a badge, shield, or
star used by a local, state, or federal law enforcement agency.
5.
A licensee must not use false, misleading, or deceptive advertising.
Business Standards and Compliance with Laws
1.
A licensee shall obtain all necessary permits to conduct his or her business,
included those to carry firearms, as applicable.
2.
If carrying a concealed firearm, the licensee must have the permit on his or her
person.
3.
A licensee must not pretend to be a law enforcement officer or a peace officer
including, but not limited to:
a.
Operating a motor vehicle with flashing red or blue lights;
12
b.
G.
Wearing a uniform that closely resembles in style, color, accessories, or
insignia the uniforms of law enforcement in whose jurisdiction the
licensee conducts business.
4.
A licensee must not advise any person to engage in an illegal act or course of
conduct.
5.
A licensee must not violate state or federal laws, rules or regulations related to
the care, handling or use of firearms or other dangerous weapons.
6.
A licensee must not neglect, fail, or refuse to render professional services to any
person solely because of that person’s age, race, color, disability, sex, sexual
orientation, religion, creed, national origin, marital status, lawful source of
income, or ancestry.
7.
A licensee shall not fraudulently bill or charge a client. A licensee must provide
clients with a complete and comprehensive itemized statement of services and
expenses within seven (7) business days after having been requested to do so
by the client.
8.
A licensee must not obtain or attempt to obtain anything of value from a client
without the client’s consent.
9.
In providing private investigator services, the licensee shall take into account all
applicable laws and regulations and not knowingly provide services resulting in
the violation of such laws and regulations.
10.
The licensee shall be accurate and truthful in all professional reports, statements
or testimony. He or she shall include all relevant and pertinent information on
such reports, statement, or testimony.
11.
No licensee shall knowingly associate with, or permit the use of his or her name
in a business venture by any person or firm which he or she knows, or has
reason to believe, is engaging in business or professional practice of a fraudulent
or dishonest nature.
12.
A licensee may not knowingly violate a court order or injunction in the course of
business as an investigator.
13.
Licensees shall obey all applicable federal, state, and local laws, including but
not limited to criminal laws. “Criminal laws” include the penal ordinances and
regulations of a political subdivision of a state or the agencies of the federal
government. These criminal laws include but are not limited to those that involve
stalking, harassment, invasion of privacy, wiretapping, credit reporting, and those
that involve protection orders against defendants.
14.
A licensee shall not knowingly disclose the location of a person covered by a
protection order to any party against whom the protection order has been issued.
Other Generally Accepted Standards of Practice. A licensee shall not engage in the
practice of private investigation incompetently or in any other manner that is outside the
generally accepted standards of practice of the licensed private investigations industry,
as determined by the Director.
13
Rule 9 – Duty to Report
Purpose: C.R.S. § 12-58.5-109(1)(d) provides the Director the authority to discipline a licensee for failing
to report the conviction or plea to a crime. The purpose of this rule is to specify the requirement to selfreport violations and to provide the manner of reporting violations.
A.
Licensees shall promptly report to the Director any person who appears to be practicing
the profession without the required license.
B.
A Licensee shall notify the Director, in a manner prescribed by the Director, within 30
days of any of the following events:
1.
The conviction of the licensee under the laws of any state, territory, or insular
possession of the United States and the District of Columbia, or of the United
States or any foreign jurisdiction, of: a felony; or any offense, the underlying
factual basis of which has been found by the court to involve unlawful sexual
behavior, domestic violence, stalking, or violation of a protection order. For the
purposes of these rules a guilty verdict, a plea of guilty, including a deferred
judgment and sentence, or a plea of nolo contendere accepted by the court is
considered a conviction.
2.
Imposition of discipline upon the licensee by another jurisdiction that regulates
private investigators. Such discipline includes, but is not limited to, a citation,
fine, sanction, probation, civil penalty, or a denial, suspension, revocation,
relinquishment, failure to renew in lieu or avoidance of discipline, or modification
of a license or registration whether it is imposed by consent decree, order, or
other decision, for any cause other than failure to pay a license or registration fee
by the due date.
3.
The notice to the Director shall include the following information:
a.
If the event is an action by a governmental entity: (1) the name of the
entity; (2) its jurisdiction; (3) the case name; (4) the docket, proceeding,
or case number by which the matter is designated; (5) a description of
the matter or a copy of the document initiating the action or proceeding,
and (6) if the matter has been decided or settled, a copy of the consent
decree, order or decision;
b.
If the event is a felony conviction or other offense adjudicated by a court:
(1) the court; (2) its jurisdiction; (3) the case name; (4) the case number;
(5) a copy of the indictment or charges; and (6) any plea or verdict
entered by the court;
c.
The licensee shall also provide to the Director a copy of the imposition of
sentence related to the felony or other offense.
d.
The licensee shall provide the Director a copy of court documents
showing completion of all terms of any sentence imposed within 90 days
of such completion.
e.
The licensee providing notification to the Director pursuant to this rule
may also submit a written explanatory statement with the notice to be
included with the licensee’s records.
14
Rule 10 – Imposition of Fines
Purpose: C.R.S. § 12-58.5-109(2) provides authority for the Director to establish fines that may be
imposed upon a licensee. The purpose of this rule is to establish a fine structure and the circumstances
under which fines may be imposed by the Director.
A.
The Director may impose a fine in lieu of or in addition to any other disciplinary sanction.
B.
The Director may impose a separate fine for each violation of Article 58.5 of Title 12,
C.R.S., any rule adopted by the Director, or any Order issued by the Director.
C.
The Director may impose fines consistent with the following structure:
1.
For a licensee’s first violation, a fine of no less than two hundred fifty dollars
($250.00) and no more than three thousand dollars ($3,000.00).
2.
For a licensee’s second violation, a fine of no less than five hundred dollars
($500.00) and no more than three thousand dollars ($3,000.00).
3.
For a licensee’s third and any additional violations, a fine of no less than one
thousand dollars ($1,000.00) and no more than three thousand dollars
($3,000.00).
D.
The Director may, in his or her discretion, consider aggravating and mitigating factors
when deciding the fine to be assessed.
E.
A licensee who fails to pay a fine required pursuant to a Final Agency Order or Stipulation
is subject to additional disciplinary action as set forth in C.R.S § 12-85.5-109, including
suspension or revocation of his or her Private Investigator license.
F.
Payment of a fine does not exempt the licensee from compliance with the statutes and
rules governing the practice of Private Investigators in Colorado.
15
NOTE: The governor signed this measure on 6/6/2014.
SENATE BILL 14-133
BY SENATOR(S) Newell, Guzman, Todd, Tochtrop, Carroll;
also REPRESENTATIVE(S) Melton, Fields, Hullinghorst, Labuda, Tyler,
Wright.
CONCERNING
THE REGULATION OF PRIVATE INVESTIGATORS BY THE
DEPARTMENT OF REGULATORY AGENCIES, AND, IN CONNECTION
THEREWITH, MAKING APPROPRIATIONS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, repeal and reenact,
with amendments, article 58.5 of title 12 as follows:
ARTICLE 58.5
Private Investigators
12-58.5-101. [Similar to 12-58.5-101] Short title. THIS ARTICLE
SHALL BE KNOWN AND MAY BE CITED AS THE "PRIVATE INVESTIGATORS
LICENSURE ACT".
12-58.5-102. [Similar to 12-58.5-102] Legislative declaration.
(1) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:
________
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
(a) PRIVATE INVESTIGATORS OFTEN PERFORM INVESTIGATIONS OF A
SENSITIVE NATURE, DELVING INTO MATTERS IMPACTING PERSONAL
PRIVACY;
(b) WHILE MOST PRIVATE INVESTIGATORS PERFORM INVESTIGATIONS
AN ETHICAL AND PROFESSIONAL MANNER, LACK OF MANDATORY
IN
REGULATION OF PRIVATE INVESTIGATORS IN THIS STATE PERMITS ANY
PERSON, REGARDLESS OF HIS OR HER CRIMINAL HISTORY OR KNOWLEDGE OF
LAWS IMPACTING PRIVATE INVESTIGATIONS, TO PRESENT HIMSELF OR
HERSELF TO THE PUBLIC AS A PRIVATE INVESTIGATOR AND PERFORM
PRIVATE INVESTIGATIONS FOR OTHERS;
(c)
IMPOSING MANDATORY REGULATION ON PRIVATE
INVESTIGATORS CONDUCTING PRIVATE INVESTIGATIONS IN THIS STATE IS
NECESSARY TO PROTECT CONSUMERS BY ENSURING PRIVATE INVESTIGATORS
HAVE THE APPROPRIATE KNOWLEDGE AND ABILITY TO PERFORM
INVESTIGATIONS IN AN ETHICAL AND PROFESSIONAL MANNER;
(d) BALANCING CONSUMER PROTECTION WITH THE INTERESTS OF
PRIVATE BUSINESSES AND INDIVIDUALS DESIRING TO ENGAGE IN THE
PRIVATE INVESTIGATION PROFESSION IS LIKEWISE IMPORTANT;
(e)
IT
IS IN THE INTERESTS OF CONSUMERS AND PRIVATE
INVESTIGATORS FOR THE STATE TO DEVELOP THE APPROPRIATE LEVEL OF
REGULATION OF PRIVATE INVESTIGATORS THAT PROTECTS CONSUMERS
WITHOUT CREATING UNNECESSARY BARRIERS TO ENTRY INTO THE
PROFESSION.
(2) THE GENERAL ASSEMBLY THEREFORE FINDS THAT IN ORDER TO
PROTECT THE CITIZENS OF THE STATE AND TO ENSURE THAT NEEDLESS
REQUIREMENTS ARE NOT IMPOSED THAT RESTRICT ACCESS INTO THE
PROFESSION, IT IS IMPORTANT TO CREATE THE LICENSURE PROGRAM
ESTABLISHED IN THIS ARTICLE TO REQUIRE PRIVATE INVESTIGATORS TO
OBTAIN A STATE-ISSUED LICENSE TO CONDUCT PRIVATE INVESTIGATIONS IN
THIS STATE.
(3) THE GENERAL ASSEMBLY FURTHER FINDS THAT:
(a) THE NUMBER OF PRIVATE INVESTIGATORS LICENSED UNDER THE
"PRIVATE INVESTIGATORS VOLUNTARY LICENSURE ACT", ENACTED BY
PAGE 2-SENATE BILL 14-133
HOUSE BILL 11-1195 IN 2011, WHICH ALLOWS PRIVATE INVESTIGATORS THE
OPTION TO OBTAIN A STATE-ISSUED LICENSE, IS INSUFFICIENT TO JUSTIFY
CONTINUING THE VOLUNTARY PROGRAM;
(b)
THE
VOLUNTARY LICENSURE PROGRAM IS CURRENTLY
OPERATING AT A LOSS AS THE LICENSE FEES BASED ON THE NUMBER OF
LICENSEES ARE INADEQUATE TO FULLY FUND THE PROGRAM, AND
INCREASING THE FEES TO A LEVEL THAT WOULD SUSTAIN THE PROGRAM
RESULTS IN UNAFFORDABLE FEES, AND CONSEQUENTLY, FEWER AND FEWER
PRIVATE INVESTIGATORS ARE PARTICIPATING IN THE VOLUNTARY PROGRAM;
(c) WHILE
THE VOLUNTARY PROGRAM IS UNSUSTAINABLE, IT IS
IMPORTANT TO PROTECT CONSUMERS BY ESTABLISHING MINIMUM
STANDARDS FOR AND REQUIREMENTS FOR LICENSURE OF PRIVATE
INVESTIGATORS;
(d) BY REPEALING THE VOLUNTARY PROGRAM AND REPLACING IT
WITH A MANDATORY LICENSURE PROGRAM, THE INTENT IS TO CONTINUE
REGULATING PRIVATE INVESTIGATORS OPERATING IN THIS STATE TO ENSURE
PRIVATE INVESTIGATORS ARE ENGAGING IN THE PROFESSION IN AN ETHICAL
MANNER AND HAVE THE APPROPRIATE KNOWLEDGE AND ABILITY TO
PERFORM INVESTIGATIONS;
(e) AS THE MANDATORY PROGRAM WILL REGULATE THE SAME TYPES
OF PROFESSIONALS WHO COULD HAVE CHOSEN TO BE REGULATED UNDER
THE VOLUNTARY PROGRAM, IT IS APPROPRIATE THAT PRIVATE
INVESTIGATORS LICENSED UNDER THE MANDATORY PROGRAM SHARE IN THE
REPAYMENT OF THE DEFICIT THAT RESULTED FROM THE VOLUNTARY
PROGRAM; AND
(f) TO AVOID COST-PROHIBITIVE LICENSE FEES, IT IS THE INTENT OF
THE GENERAL ASSEMBLY FOR THE DIVISION TO SPREAD THE REPAYMENT OF
THE DEFICIT GENERATED BY THE VOLUNTARY PROGRAM OVER THE LIFE OF
THE NEW MANDATORY PROGRAM, WHICH IS SCHEDULED TO REPEAL ON
SEPTEMBER 1, 2020.
12-58.5-103. [Similar to 12-58.5-103] Definitions. AS USED IN
THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "APPLICANT" MEANS A PRIVATE INVESTIGATOR WHO APPLIES FOR
AN INITIAL OR RENEWAL LICENSE PURSUANT TO THIS ARTICLE.
(2) "DIRECTOR"
DIRECTOR'S DESIGNEE.
(3)
MEANS THE DIRECTOR OF THE DIVISION OR THE
"DIVISION"
MEANS THE DIVISION OF PROFESSIONS AND
OCCUPATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES.
(4) "LICENSEE" MEANS A PRIVATE INVESTIGATOR LICENSED BY THE
DIRECTOR PURSUANT TO THIS ARTICLE AS A LEVEL I OR LEVEL II PRIVATE
INVESTIGATOR.
(5)
"PRIVATE INVESTIGATION" MEANS UNDERTAKING AN
INVESTIGATION FOR THE PURPOSE OF OBTAINING INFORMATION FOR OTHERS
PERTAINING TO:
(a) A CRIME, WRONGFUL ACT, OR THREAT AGAINST THE UNITED
STATES OR ANY STATE OR TERRITORY OF THE UNITED STATES;
(b) THE IDENTITY, REPUTATION, CHARACTER, HABITS, CONDUCT,
BUSINESS OCCUPATION, HONESTY, INTEGRITY, CREDIBILITY, KNOWLEDGE,
TRUSTWORTHINESS, EFFICIENCY, LOYALTY, ACTIVITY, MOVEMENTS,
WHEREABOUTS, AFFILIATIONS, ASSOCIATIONS, OR TRANSACTIONS OF A
PERSON, GROUP OF PERSONS, OR ORGANIZATION;
(c) THE CREDIBILITY OF WITNESSES OR OTHER PERSONS;
(d) THE WHEREABOUTS OF MISSING PERSONS;
(e)
THE
DETERMINATION OF THE OWNERS OF ABANDONED
PROPERTY;
(f) THE CAUSES AND ORIGIN OF, OR RESPONSIBILITY FOR, LIBEL,
SLANDER, A LOSS, AN ACCIDENT, DAMAGE, OR AN INJURY TO A PERSON OR
TO REAL OR PERSONAL PROPERTY;
(g) THE BUSINESS OF SECURING EVIDENCE TO BE USED BEFORE AN
INVESTIGATORY COMMITTEE, BOARD OF AWARD OR ARBITRATION,
ADMINISTRATIVE BODY, OR OFFICER OR IN THE PREPARATION FOR OR IN A
CIVIL OR CRIMINAL TRIAL;
(h) THE BUSINESS OF LOCATING PERSONS WHO HAVE BECOME
DELINQUENT IN THEIR LAWFUL DEBTS, WHEN THE PRIVATE INVESTIGATOR
LOCATING THE DEBTOR IS HIRED BY AN INDIVIDUAL OR COLLECTION
AGENCY;
(i) THE LOCATION OR RECOVERY OF LOST OR STOLEN PROPERTY;
(j) THE AFFILIATION, CONNECTION, OR RELATIONSHIP OF ANY
PERSON, FIRM, OR CORPORATION WITH ANY ORGANIZATION, SOCIETY, OR
ASSOCIATION OR WITH ANY OFFICIAL, REPRESENTATIVE, OR MEMBER OF AN
ORGANIZATION, SOCIETY, OR ASSOCIATION;
(k) THE CONDUCT, HONESTY, EFFICIENCY, LOYALTY, OR ACTIVITIES
OF EMPLOYEES, PERSONS SEEKING EMPLOYMENT, AGENTS, CONTRACTORS,
OR SUBCONTRACTORS; OR
(l)
THE
MISDEMEANORS.
IDENTITY OF PERSONS SUSPECTED OF CRIMES OR
(6) "PRIVATE INVESTIGATOR" OR "PRIVATE DETECTIVE" MEANS A
NATURAL PERSON WHO, FOR A FEE, REWARD, COMPENSATION, OR OTHER
CONSIDERATION, ENGAGES IN BUSINESS OR ACCEPTS EMPLOYMENT TO
CONDUCT PRIVATE INVESTIGATIONS.
12-58.5-104. [Similar to 12-58.5-104] Licensure - title protection
- unauthorized practice - penalty - repeal. (1) (a) BY JUNE 1, 2015, A
PRIVATE INVESTIGATOR CONDUCTING PRIVATE INVESTIGATIONS IN THIS
STATE IS REQUIRED TO MEET THE QUALIFICATIONS SET FORTH IN SECTION
12-58.5-106 AND TO OBTAIN A LICENSE FROM THE DIRECTOR.
(b) ONLY
A PRIVATE INVESTIGATOR WHO OBTAINS A LICENSE
PURSUANT TO SECTION 12-58.5-106 MAY PRESENT HIMSELF OR HERSELF AS
OR USE THE TITLE OF A "LICENSED PRIVATE INVESTIGATOR", "PRIVATE
INVESTIGATOR", "LICENSED PRIVATE DETECTIVE", OR "PRIVATE DETECTIVE".
(c) (I) IF A VOLUNTARY LICENSE IS ISSUED OR RENEWED ON OR
AFTER NOVEMBER 1, 2013, BUT PRIOR TO THE REPEAL AND REENACTMENT
OF THIS ARTICLE IN 2014, THE VOLUNTARY LICENSE EXPIRES ON THE
EFFECTIVE DATE OF THIS PARAGRAPH (c), AND THE DIVISION SHALL REFUND
THE PORTION OF THE VOLUNTARY LICENSE FEE PAID THAT IS ATTRIBUTABLE
TO THE LICENSE PERIOD FOLLOWING THE EFFECTIVE DATE OF THIS
PARAGRAPH (c).
(II)
UPON THE REPEAL AND REENACTMENT OF THIS ARTICLE
PURSUANT TO SENATE BILL 14-133, ENACTED IN 2014, ANY MONEYS OR
DEFICIT FUND BALANCE ATTRIBUTABLE TO THE VOLUNTARY LICENSURE
PROGRAM AT THE TIME OF ITS REPEAL IS TRANSFERRED TO THE NEW
MANDATORY LICENSURE PROGRAM CREATED IN THIS ARTICLE.
(III) THIS PARAGRAPH (c) IS REPEALED, EFFECTIVE DECEMBER 31,
2014.
(2) ANY PERSON WHO CONDUCTS PRIVATE INVESTIGATIONS OR
PRESENTS HIMSELF OR HERSELF AS OR USES THE TITLE "PRIVATE
INVESTIGATOR", "PRIVATE DETECTIVE", "LICENSED PRIVATE DETECTIVE", OR
"LICENSED PRIVATE INVESTIGATOR" WITHOUT AN ACTIVE LICENSE ISSUED
UNDER THIS ARTICLE COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE
PUNISHED AS PROVIDED IN SECTION 18-1.3-501, C.R.S., FOR THE FIRST
OFFENSE AND, FOR THE SECOND OR ANY SUBSEQUENT OFFENSE, COMMITS A
CLASS 1 MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION
18-1.3-501, C.R.S.
12-58.5-105.
[Similar to 12-58.5-103 (6) (b)] Exemptions.
(1) THIS ARTICLE DOES NOT APPLY TO:
(a) A COLLECTION AGENCY OR CONSUMER REPORTING AGENCY, AS
DEFINED IN SECTION 12-14-103 (2) AND (4.5), RESPECTIVELY;
(b) A PERSON CONDUCTING AN INVESTIGATION ON THE PERSON'S
OWN BEHALF, OR AN EMPLOYEE OF AN EMPLOYER CONDUCTING AN
INTERNAL INVESTIGATION ON BEHALF OF HIS OR HER EMPLOYER;
(c) AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE, AN
EMPLOYEE OF A LICENSED ATTORNEY , OR A PERSON UNDER CONTRACT TO
PERFORM PARALEGAL SERVICES FOR A LICENSED ATTORNEY;
(d) A CERTIFIED PEACE OFFICER OF A LAW ENFORCEMENT AGENCY
OPERATING IN HIS OR HER OFFICIAL CAPACITY;
(e) (I) A CERTIFIED PUBLIC ACCOUNTANT CERTIFIED OR AUTHORIZED
TO PROVIDE ACCOUNTING SERVICES IN THE STATE PURSUANT TO ARTICLE 2
OF THIS TITLE;
(II) AN EMPLOYEE OF A CERTIFIED PUBLIC ACCOUNTANT;
(III)
AN
EMPLOYEE OR AFFILIATE OF AN ACCOUNTING FIRM
REGISTERED PURSUANT TO SECTION 12-2-117; OR
(IV) A
PERSON WHO CONDUCTS FORENSIC ACCOUNTING, FRAUD
INVESTIGATIONS, OR OTHER RELATED ANALYSIS OF FINANCIAL
TRANSACTIONS BASED ON INFORMATION THAT IS EITHER PUBLICLY
AVAILABLE OR PROVIDED BY CLIENTS OR OTHER THIRD PARTIES AND WHO
IS:
(A)
AN
ACCOUNTANT OR PUBLIC ACCOUNTANT WHO IS NOT
REGULATED BY THE STATE;
(B) A CERTIFIED FRAUD EXAMINER; OR
(C) AN EMPLOYEE OR INDEPENDENT CONTRACTOR UNDER THE
GUIDANCE OF AN ACCOUNTANT, PUBLIC ACCOUNTANT, OR CERTIFIED FRAUD
EXAMINER;
(f) A PERSON WHO AGGREGATES PUBLIC RECORDS AND CHARGES A
FEE FOR ACCESSING THE AGGREGATED PUBLIC RECORDS DATA;
(g) A
PERSON EMPLOYED BY AN INSURANCE COMPANY WHO IS
CONDUCTING CLAIMS ADJUSTMENT OR CLAIMS INVESTIGATION FOR THE
PURPOSES OF AN INSURANCE CLAIM;
(h) AN INVESTIGATOR EMPLOYED OR CONTRACTED BY A PUBLIC OR
GOVERNMENTAL AGENCY;
(i) A JOURNALIST OR GENEALOGIST;
(j) A PERSON SERVING PROCESS WITHIN THE STATE, PERFORMING HIS
OR HER DUTIES IN COMPLIANCE WITH THE COLORADO OR FEDERAL RULES OF
CIVIL PROCEDURE OR IN ACCORDANCE WITH APPLICABLE FOREIGN STATE
COURT RULES OR LAWS PERTAINING TO SERVICE OF FOREIGN PROCESS
WITHIN THIS STATE, OR PERFORMING ANY TASK ASSOCIATED WITH
EFFECTING SERVICE OF PROCESS, ALL OF WHICH INCLUDES INQUIRIES
RELATED TO EFFECTING PROPER SERVICE OF PROCESS AND RESULTING
SUPPORTING PROOFS, DECLARATIONS, AFFIDAVITS OF SERVICE, OR
DECLARATIONS OR AFFIDAVITS OF DUE DILIGENCE TO SUPPORT
ALTERNATIVE METHODS OF SERVICE OF PROCESS; EXCEPT THAT A PROCESS
SERVER WHO PERFORMS PRIVATE INVESTIGATIONS OUTSIDE THE EFFORTS TO
EFFECT SERVICE OF PROCESS IS NOT EXEMPT FROM THE LICENSING
REQUIREMENTS OF THIS ARTICLE AND MUST OBTAIN A LICENSE UNDER THIS
ARTICLE IN ORDER TO LAWFULLY PERFORM THOSE PRIVATE
INVESTIGATIONS;
(k) A PERSON ATTEMPTING TO RECOVER A FUGITIVE WHEN THAT
PERSON IS A BAIL BONDING AGENT OR CASH-BONDING AGENT QUALIFIED TO
WRITE BAIL BONDS PURSUANT TO ARTICLE 23 OF TITLE 10, C.R.S., OR IS
ACTING PURSUANT TO A CONTRACT WITH OR AT THE REQUEST OF A BAIL
BONDING AGENT OR CASH-BONDING AGENT WHO IS SO QUALIFIED;
(l) AN OWNER, EMPLOYEE, OR INDEPENDENT CONTRACTOR OF AN
AGENCY CONDUCTING AN INVESTIGATION TO DETERMINE THE ORIGIN AND
CAUSE OF A FIRE OR EXPLOSION;
(m) AN OWNER, EMPLOYEE, OR INDEPENDENT CONTRACTOR OF AN
AGENCY CONDUCTING AN INVESTIGATION FOR CAUSE ANALYSIS OR FAILURE
ANALYSIS WHERE THE INVESTIGATION IS CONDUCTED BY AN ENGINEER
LICENSED PURSUANT TO PART 1 OF ARTICLE 25 OF THIS TITLE ACTING WITHIN
HIS OR HER AREA OF EXPERTISE AND WITHIN THE SCOPE OF THE PRACTICE OF
ENGINEERING; OR
(n) ANY
OTHER PERSON LICENSED UNDER THIS TITLE WHO IS
PRACTICING WITHIN THE SCOPE OF HIS OR HER PRACTICE AS DEFINED IN THIS
TITLE.
12-58.5-106. [Similar to 12-58.5-105] Private investigator
licenses - qualifications - fees - renewal - rules. (1) A PRIVATE
INVESTIGATOR APPLYING FOR A LICENSE PURSUANT TO THIS SECTION MUST
SATISFY THE REQUIREMENTS OF THE PARTICULAR LICENSE FOR WHICH
APPLICATION IS MADE. THE DIRECTOR MAY ISSUE THE FOLLOWING TYPES OF
LICENSES TO APPLICANTS WHO, UPON APPLICATION IN THE FORM AND
MANNER DETERMINED BY THE DIRECTOR, PAYMENT OF THE REQUIRED FEE,
AND SATISFACTION OF THE REQUIREMENTS OF SUBSECTION (2) OF THIS
SECTION, PROVIDE EVIDENCE SATISFACTORY TO THE DIRECTOR THAT THE
APPLICANT SATISFIES THE QUALIFICATIONS FOR THE PARTICULAR LICENSE
AS FOLLOWS:
(a) Level I private investigator license. AN
LEVEL I PRIVATE INVESTIGATOR LICENSE MUST:
APPLICANT FOR A
(I) BE AT LEAST TWENTY-ONE YEARS OF AGE;
(II) BE LAWFULLY PRESENT IN THE UNITED STATES; AND
(III) DEMONSTRATE
KNOWLEDGE AND UNDERSTANDING OF THE
LAWS AND RULES AFFECTING THE ETHICS AND ACTIVITIES OF PRIVATE
INVESTIGATORS IN THIS STATE BY PASSING A JURISPRUDENCE EXAMINATION
DEVELOPED AND APPROVED BY THE DIRECTOR.
(b) Level II private investigator license. AN APPLICANT FOR A
LEVEL II PRIVATE INVESTIGATOR LICENSE MUST:
(I) SATISFY THE REQUIREMENTS FOR A LEVEL
INVESTIGATOR LICENSE; AND
I
PRIVATE
(II) HAVE AN AMOUNT OF VERIFIABLE, APPLICABLE EXPERIENCE AS
A PRIVATE INVESTIGATOR OR EQUIVALENT EXPERIENCE WITH A LOCAL,
STATE, OR FEDERAL LAW ENFORCEMENT AGENCY, MILITARY POLICE, THE
FEDERAL BUREAU OF INVESTIGATION, OR OTHER EQUIVALENT EXPERIENCE.
THE DIRECTOR SHALL DETERMINE, BY RULE, THE AMOUNT AND TYPE OF
EXPERIENCE, WHICH MAY INCLUDE POSTSECONDARY EDUCATION,
COMPLETION OF APPROVED CERTIFICATE PROGRAMS, OR SUCH OTHER
EXPERIENCE THE DIRECTOR DEEMS APPROPRIATE, AN APPLICANT MUST HAVE
TO SATISFY THE REQUIREMENTS OF THIS SECTION.
(2) IN ADDITION TO THE REQUIREMENTS OF SUBSECTION (1) OF THIS
SECTION, EACH APPLICANT FOR A LEVEL I OR LEVEL II PRIVATE
INVESTIGATOR LICENSE MUST HAVE HIS OR HER FINGERPRINTS TAKEN BY A
LOCAL LAW ENFORCEMENT AGENCY FOR THE PURPOSE OF OBTAINING A
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK. THE APPLICANT IS
REQUIRED TO SUBMIT PAYMENT BY CERTIFIED CHECK OR MONEY ORDER FOR
THE FINGERPRINTS AND FOR THE ACTUAL COSTS OF THE RECORD CHECK AT
THE TIME THE FINGERPRINTS ARE SUBMITTED TO THE COLORADO BUREAU
OF INVESTIGATION. UPON RECEIPT OF FINGERPRINTS AND RECEIPT OF THE
PAYMENT FOR COSTS, THE COLORADO BUREAU OF INVESTIGATION SHALL
CONDUCT A STATE AND NATIONAL FINGERPRINT-BASED CRIMINAL HISTORY
RECORD CHECK UTILIZING RECORDS OF THE COLORADO BUREAU OF
INVESTIGATION AND THE FEDERAL BUREAU OF INVESTIGATION AND SHALL
FORWARD THE RESULTS OF THE CRIMINAL HISTORY RECORD CHECK TO THE
DIRECTOR.
(3) [Similar to 12-58.5-105 (4)] AN APPLICANT FOR LICENSURE
UNDER THIS SECTION SHALL PAY LICENSE, RENEWAL, AND REINSTATEMENT
FEES ESTABLISHED BY THE DIRECTOR PURSUANT TO SECTION 24-34-105,
C.R.S. A LICENSEE MUST RENEW HIS OR HER LICENSE IN ACCORDANCE WITH
A SCHEDULE ESTABLISHED BY THE DIRECTOR PURSUANT TO SECTION
24-34-102 (8), C.R.S. IF A LICENSEE FAILS TO RENEW HIS OR HER LICENSE
PURSUANT TO THE SCHEDULE ESTABLISHED BY THE DIRECTOR, THE LICENSE
EXPIRES, AND THE PERSON SHALL NOT CONDUCT PRIVATE INVESTIGATIONS
IN THIS STATE UNTIL THE PERSON PAYS THE APPROPRIATE FEES TO
REINSTATE THE LICENSE AND THE DIRECTOR REINSTATES THE LICENSE. A
PERSON WHOSE LICENSE EXPIRES AND WHO CONTINUES TO DO BUSINESS AS
A PRIVATE INVESTIGATOR IS SUBJECT TO THE PENALTIES PROVIDED IN THIS
ARTICLE AND SECTION 24-34-102 (8), C.R.S.
12-58.5-107. Surety bond required - rules. A LICENSEE SHALL
NOT ENGAGE IN PRIVATE INVESTIGATION ACTIVITIES UNLESS THE LICENSEE
POSTS AND MAINTAINS, OR IS COVERED BY, A SURETY BOND IN AN AMOUNT
DETERMINED BY THE DIRECTOR BY RULE.
12-58.5-108. [Similar to 12-58.5-106] Director's powers and
duties - consult with stakeholders- rules. (1) THE DIRECTOR MAY
CONSULT WITH PRIVATE INVESTIGATORS, LAW ENFORCEMENT, CONSUMER
GROUPS, VICTIM ADVOCACY GROUPS, CIVIL LIBERTIES GROUPS, AND OTHER
STAKEHOLDERS
CONCERNING:
TO
OBTAIN
RECOMMENDATIONS
AND
FEEDBACK
(a) THE REGULATION OF PRIVATE INVESTIGATORS;
(b) PRIVACY LAWS AND ISSUES, NEW OR CHANGING TECHNOLOGY,
AND THE IMPACT OF NEW OR CHANGING TECHNOLOGY ON PRIVACY; AND
(c) ANY
CONTINUING EDUCATION THAT MAY BE NECESSARY TO
ENSURE PRIVATE INVESTIGATORS MAINTAIN KNOWLEDGE AND
UNDERSTANDING OF LAWS AND RULES AFFECTING THE PRACTICE,
PARTICULARLY THOSE CONCERNING PRIVACY ISSUES AND NEW OR
CHANGING TECHNOLOGY. IF A STAKEHOLDER GROUP RECOMMENDS THAT
CONTINUING EDUCATION REQUIREMENTS BE IMPOSED, NOTHING IN THIS
PARAGRAPH (c) ABROGATES THE REQUIREMENTS OF SECTION 24-34-901,
C.R.S., AND THE DIRECTOR IS NOT AUTHORIZED TO IMPOSE, BY RULE OR
OTHERWISE, ANY CONTINUING EDUCATION REQUIREMENTS ABSENT AN
ENACTMENT OF A BILL IMPOSING CONTINUING EDUCATION REQUIREMENTS
OR AUTHORIZING THE DIRECTOR TO ESTABLISH CONTINUING EDUCATION
REQUIREMENTS.
(2) IN ADDITION TO ALL OTHER POWERS AND DUTIES CONFERRED OR
IMPOSED UPON THE DIRECTOR BY THIS ARTICLE OR BY ANY OTHER LAW, THE
DIRECTOR MAY:
(a) PROMULGATE RULES PURSUANT TO SECTION 24-4-103, C.R.S.,
TO IMPLEMENT THIS ARTICLE, INCLUDING RULES TO:
(I) ESTABLISH THE FORM AND MANNER FOR APPLYING FOR A LICENSE
UNDER THIS ARTICLE;
(II) SPECIFY THE REQUIREMENTS FOR SATISFYING THE EXPERIENCE
COMPONENT FOR OBTAINING A LEVEL II PRIVATE INVESTIGATOR LICENSE
PURSUANT SECTION 12-58.5-106 (1) (b);
(III) DEFINE GENERALLY ACCEPTED STANDARD OF THE PRACTICE OF
PRIVATE INVESTIGATIONS;
(IV) SET THE AMOUNT OF THE SURETY BOND REQUIRED BY SECTION
12-58.5-107; AND
(V) ADDRESS ANY OTHER MATTERS DETERMINED NECESSARY BY
THE DIRECTOR TO IMPLEMENT THIS ARTICLE;
(b) DEVELOP AND CONDUCT OR CONTRACT FOR EXAMINATIONS AS
REQUIRED BY THIS ARTICLE;
(c) REVIEW
AND GRANT OR DENY APPLICATIONS FOR NEW OR
RENEWAL LICENSES AS PROVIDED IN THIS ARTICLE; AND
(d) ESTABLISH FEES FOR THE ISSUANCE OF A NEW LICENSE AND FOR
EACH LICENSE RENEWAL PURSUANT TO SECTION 24-34-105, C.R.S.
12-58.5-109. [Similar to 12-57.5-107] Disciplinary actions grounds for discipline - rules - cease-and-desist orders. (1) THE
DIRECTOR MAY DENY, SUSPEND, OR REVOKE A LICENSE, PLACE AN
APPLICANT OR LICENSEE ON PROBATION, OR ISSUE A LETTER OF ADMONITION
TO AN APPLICANT OR LICENSEE IF THE APPLICANT OR LICENSEE:
(a) VIOLATES ANY ORDER OF THE DIRECTOR, ANY PROVISION OF THIS
ARTICLE, OR ANY RULE ADOPTED UNDER THIS ARTICLE;
(b) FAILS TO MEET THE REQUIREMENTS OF SECTION 12-58.5-106 OR
USES FRAUD, MISREPRESENTATION, OR DECEIT IN APPLYING FOR OR
ATTEMPTING TO APPLY FOR A LICENSE;
(c) IS CONVICTED OF OR HAS ENTERED A PLEA OF GUILTY OR NOLO
CONTENDERE TO A FELONY; TO AN OFFENSE, THE UNDERLYING FACTUAL
BASIS OF WHICH HAS BEEN FOUND BY THE COURT TO INVOLVE UNLAWFUL
SEXUAL BEHAVIOR, DOMESTIC VIOLENCE, AS DEFINED IN SECTION
18-6-800.3 (1), C.R.S., OR STALKING, AS DEFINED IN SECTION 18-3-602,
C.R.S.; OR TO VIOLATION OF A PROTECTION ORDER, AS DEFINED IN SECTION
18-6-803.5, C.R.S. IN CONSIDERING THE DISCIPLINARY ACTION, THE
DIRECTOR IS GOVERNED BY SECTION 24-5-101, C.R.S., IN CONSIDERING THE
CONVICTION OR PLEA.
(d) HAS FAILED TO REPORT TO THE DIRECTOR THE CONVICTION OF
OR PLEA TO A CRIME SPECIFIED IN PARAGRAPH (c) OF THIS SUBSECTION (1);
(e) ADVERTISES OR PRESENTS HIMSELF OR HERSELF AS A LICENSED
PRIVATE INVESTIGATOR WITHOUT HOLDING AN ACTIVE LICENSE;
(f) HAS BEEN SUBJECT TO DISCIPLINE RELATED TO THE PRACTICE OF
PRIVATE INVESTIGATIONS IN ANOTHER JURISDICTION. EVIDENCE OF
DISCIPLINARY ACTION IN ANOTHER JURISDICTION IS PRIMA FACIE EVIDENCE
FOR DENIAL OF A LICENSE OR OTHER DISCIPLINARY ACTION IF THE
VIOLATION WOULD BE GROUNDS FOR DISCIPLINARY ACTION IN THIS STATE.
(g) COMMITS AN ACT OR OMISSION THAT FAILS TO MEET GENERALLY
ACCEPTED STANDARDS OF THE PRACTICE OF PRIVATE INVESTIGATIONS; OR
(h) FAILS TO COMPLY WITH SURETY BOND REQUIREMENTS AS
SPECIFIED IN SECTION 12-58.5-107.
(2) THE DIRECTOR MAY ADOPT RULES ESTABLISHING FINES THAT HE
OR SHE MAY IMPOSE ON A LICENSEE. THE RULES MUST INCLUDE A
GRADUATED FINE STRUCTURE, WITH A MAXIMUM ALLOWABLE FINE OF NOT
MORE THAN THREE THOUSAND DOLLARS PER VIOLATION. THE DIRECTOR
SHALL TRANSMIT ANY FINES HE OR SHE COLLECTS FROM A LICENSEE TO THE
STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND.
(3) THE DIRECTOR NEED NOT FIND THAT THE ACTIONS THAT ARE
GROUNDS FOR DISCIPLINE WERE WILLFUL BUT MAY CONSIDER WHETHER THE
ACTIONS WERE WILLFUL WHEN DETERMINING THE NATURE OF DISCIPLINARY
SANCTIONS TO IMPOSE.
(4) (a) THE DIRECTOR MAY COMMENCE A PROCEEDING TO DISCIPLINE
A LICENSEE WHEN THE DIRECTOR HAS REASONABLE GROUNDS TO BELIEVE
THAT THE LICENSEE HAS COMMITTED AN ACT OR OMISSION SPECIFIED IN THIS
SECTION.
(b) IN ANY PROCEEDING HELD UNDER THIS SECTION, THE DIRECTOR
MAY ACCEPT AS EVIDENCE OF GROUNDS FOR DISCIPLINARY ACTION ANY
DISCIPLINARY ACTION TAKEN AGAINST A LICENSEE IN ANOTHER
JURISDICTION IF THE VIOLATION THAT PROMPTED THE DISCIPLINARY ACTION
IN THE OTHER JURISDICTION WOULD BE GROUNDS FOR DISCIPLINARY ACTION
UNDER THIS ARTICLE.
(5) THE DIRECTOR SHALL CONDUCT DISCIPLINARY PROCEEDINGS IN
ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S. THE DIRECTOR OR AN
ADMINISTRATIVE LAW JUDGE APPOINTED BY THE DIRECTOR PURSUANT TO
PARAGRAPH (c) OF SUBSECTION (6) OF THIS SECTION SHALL CONDUCT THE
HEARING AND OPPORTUNITY FOR REVIEW PURSUANT TO THAT ARTICLE. THE
DIRECTOR MAY EXERCISE ALL POWERS AND DUTIES CONFERRED BY THIS
ARTICLE DURING THE DISCIPLINARY PROCEEDINGS.
(6) (a) THE DIRECTOR MAY REQUEST THAT THE ATTORNEY GENERAL
SEEK AN INJUNCTION IN ANY COURT OF COMPETENT JURISDICTION TO ENJOIN
A PERSON FROM COMMITTING AN ACT PROHIBITED BY THIS ARTICLE. WHEN
SEEKING AN INJUNCTION UNDER THIS PARAGRAPH (a), THE ATTORNEY
GENERAL IS NOT REQUIRED TO ALLEGE OR PROVE THE INADEQUACY OF ANY
REMEDY AT LAW OR THAT SUBSTANTIAL OR IRREPARABLE DAMAGE IS
LIKELY TO RESULT FROM A CONTINUED VIOLATION OF THIS ARTICLE.
(b) (I) THE
DIRECTOR MAY INVESTIGATE, HOLD HEARINGS, AND
GATHER EVIDENCE IN ALL MATTERS RELATED TO THE EXERCISE AND
PERFORMANCE OF THE POWERS AND DUTIES OF THE DIRECTOR.
(II) IN ANY HEARING OR INVESTIGATION INSTITUTED PURSUANT TO
THIS SECTION, THE DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE
APPOINTED PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION (6) MAY
ADMINISTER OATHS, TAKE AFFIRMATIONS OF WITNESSES, AND ISSUE
SUBPOENAS COMPELLING THE ATTENDANCE OF WITNESSES AND THE
PRODUCTION OF ALL RELEVANT RECORDS, PAPERS, BOOKS, DOCUMENTARY
EVIDENCE, AND MATERIALS IN ANY HEARING, INVESTIGATION, ACCUSATION,
OR OTHER MATTER BEFORE THE DIRECTOR OR AN ADMINISTRATIVE LAW
JUDGE.
(III) UPON FAILURE OF ANY WITNESS OR LICENSEE TO COMPLY WITH
A SUBPOENA OR PROCESS, THE DISTRICT COURT OF THE COUNTY IN WHICH
THE SUBPOENAED PERSON OR LICENSEE RESIDES OR CONDUCTS BUSINESS,
UPON APPLICATION BY THE DIRECTOR WITH NOTICE TO THE SUBPOENAED
PERSON OR LICENSEE, MAY ISSUE TO THE PERSON OR LICENSEE AN ORDER
REQUIRING THE PERSON OR LICENSEE TO APPEAR BEFORE THE DIRECTOR; TO
PRODUCE THE RELEVANT PAPERS, BOOKS, RECORDS, DOCUMENTARY
EVIDENCE, OR MATERIALS IF SO ORDERED; OR TO GIVE EVIDENCE TOUCHING
THE MATTER UNDER INVESTIGATION OR IN QUESTION. IF THE PERSON OR
LICENSEE FAILS TO OBEY THE ORDER OF THE COURT, THE COURT MAY HOLD
THE PERSON OR LICENSEE IN CONTEMPT OF COURT.
(c) THE DIRECTOR MAY APPOINT AN ADMINISTRATIVE LAW JUDGE
PURSUANT TO PART 10 OF ARTICLE 30 OF TITLE 24, C.R.S., TO CONDUCT
HEARINGS, TAKE EVIDENCE, MAKE FINDINGS, AND REPORT THE FINDINGS TO
THE DIRECTOR.
(7) (a) THE DIRECTOR, THE DIRECTOR'S STAFF, A PERSON ACTING AS
A WITNESS OR CONSULTANT TO THE DIRECTOR, A WITNESS TESTIFYING IN A
PROCEEDING AUTHORIZED UNDER THIS ARTICLE, OR A PERSON WHO LODGES
A COMPLAINT PURSUANT TO THIS ARTICLE IS IMMUNE FROM LIABILITY IN A
CIVIL ACTION BROUGHT AGAINST HIM OR HER FOR ACTS OCCURRING WHILE
ACTING IN HIS OR HER CAPACITY AS DIRECTOR, STAFF, CONSULTANT, OR
WITNESS, RESPECTIVELY, IF THE INDIVIDUAL WAS ACTING IN GOOD FAITH
WITHIN THE SCOPE OF HIS OR HER RESPECTIVE CAPACITY, MADE A
REASONABLE EFFORT TO OBTAIN THE FACTS OF THE MATTER AS TO WHICH
HE OR SHE ACTED, AND ACTED IN THE REASONABLE BELIEF THAT THE
ACTION HE OR SHE TOOK WAS WARRANTED BY THE FACTS.
(b) A PERSON PARTICIPATING, IN GOOD FAITH, IN MAKING A
COMPLAINT OR REPORT OR IN AN INVESTIGATIVE OR ADMINISTRATIVE
PROCEEDING PURSUANT TO THIS SECTION IS IMMUNE FROM ANY CIVIL OR
CRIMINAL LIABILITY THAT OTHERWISE MIGHT RESULT BY REASON OF THE
PARTICIPATION.
(8) A FINAL ACTION OF THE DIRECTOR IS SUBJECT TO JUDICIAL
REVIEW BY THE COURT OF APPEALS PURSUANT TO SECTION 24-4-106 (11),
C.R.S. THE DIRECTOR MAY INSTITUTE A JUDICIAL PROCEEDING IN
ACCORDANCE WITH SECTION 24-4-106, C.R.S., TO ENFORCE AN ORDER OF
THE DIRECTOR.
(9) WHEN
A COMPLAINT OR AN INVESTIGATION DISCLOSES AN
INSTANCE OF MISCONDUCT THAT, IN THE OPINION OF THE DIRECTOR,
WARRANTS FORMAL ACTION, THE DIRECTOR SHALL NOT RESOLVE THE
COMPLAINT BY A DEFERRED SETTLEMENT, ACTION, JUDGMENT, OR
PROSECUTION.
(10) (a) IF IT APPEARS TO THE DIRECTOR, BASED UPON CREDIBLE
EVIDENCE AS PRESENTED IN A WRITTEN COMPLAINT, THAT A LICENSEE IS
ACTING IN A MANNER THAT IS AN IMMINENT THREAT TO THE HEALTH AND
SAFETY OF THE PUBLIC, OR IF A PERSON IS CONDUCTING PRIVATE
INVESTIGATIONS OR PRESENTING HIMSELF OR HERSELF AS OR IS USING THE
TITLE "PRIVATE INVESTIGATOR", "PRIVATE DETECTIVE", OR "LICENSED
PRIVATE INVESTIGATOR" WITHOUT HAVING OBTAINED A LICENSE, THE
DIRECTOR MAY ISSUE AN ORDER TO CEASE AND DESIST THE ACTIVITY. THE
DIRECTOR SHALL SET FORTH IN THE ORDER THE STATUTES AND RULES
ALLEGED TO HAVE BEEN VIOLATED, THE FACTS ALLEGED TO HAVE
CONSTITUTED THE VIOLATION, AND THE REQUIREMENT THAT ALL
UNLAWFUL ACTS OR UNLICENSED PRACTICES IMMEDIATELY CEASE.
(b) WITHIN TEN DAYS AFTER SERVICE OF THE ORDER TO CEASE AND
DESIST PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (10), THE
RESPONDENT MAY REQUEST A HEARING ON THE QUESTION OF WHETHER
ACTS OR PRACTICES IN VIOLATION OF THIS ARTICLE HAVE OCCURRED. THE
DIRECTOR OR ADMINISTRATIVE LAW JUDGE, AS APPLICABLE, SHALL
CONDUCT THE HEARING PURSUANT TO SECTIONS 24-4-104 AND 24-4-105,
C.R.S.
(11) (a) IF IT APPEARS TO THE DIRECTOR, BASED UPON CREDIBLE
EVIDENCE AS PRESENTED IN A WRITTEN COMPLAINT, THAT A PERSON HAS
VIOLATED ANY OTHER PORTION OF THIS ARTICLE, IN ADDITION TO ANY
SPECIFIC POWERS GRANTED PURSUANT TO THIS ARTICLE, THE DIRECTOR MAY
ISSUE TO THE PERSON AN ORDER TO SHOW CAUSE AS TO WHY THE DIRECTOR
SHOULD NOT ISSUE A FINAL ORDER DIRECTING THE PERSON TO CEASE AND
DESIST FROM THE UNLAWFUL ACT OR UNLICENSED PRACTICE.
(b) THE DIRECTOR SHALL PROMPTLY NOTIFY THE PERSON AGAINST
WHOM AN ORDER TO SHOW CAUSE HAS BEEN ISSUED PURSUANT TO
PARAGRAPH (a) OF THIS SUBSECTION (11) OF THE ISSUANCE OF THE ORDER
AND SHALL INCLUDE IN THE NOTICE A COPY OF THE ORDER, THE FACTUAL
AND LEGAL BASIS FOR THE ORDER, AND THE DATE SET BY THE DIRECTOR FOR
A HEARING ON THE ORDER. THE DIRECTOR MAY SERVE THE NOTICE ON THE
PERSON AGAINST WHOM THE ORDER HAS BEEN ISSUED BY PERSONAL
SERVICE, BY FIRST-CLASS, POSTAGE-PREPAID UNITED STATES MAIL, OR IN
ANOTHER MANNER AS MAY BE PRACTICABLE. PERSONAL SERVICE OR
MAILING OF AN ORDER OR DOCUMENT PURSUANT TO THIS PARAGRAPH (b)
CONSTITUTES NOTICE OF THE ORDER TO THE PERSON.
(c) (I) THE DIRECTOR SHALL HOLD THE HEARING ON AN ORDER TO
SHOW CAUSE NO SOONER THAN TEN AND NO LATER THAN FORTY-FIVE
CALENDAR DAYS AFTER THE DATE OF TRANSMISSION OR SERVICE OF THE
NOTIFICATION BY THE DIRECTOR AS PROVIDED IN PARAGRAPH (b) OF THIS
SUBSECTION (11). THE DIRECTOR MAY CONTINUE THE HEARING BY
AGREEMENT OF ALL PARTIES BASED UPON THE COMPLEXITY OF THE MATTER,
NUMBER OF PARTIES TO THE MATTER, AND LEGAL ISSUES PRESENTED IN THE
MATTER, BUT IN NO EVENT SHALL THE DIRECTOR HOLD THE HEARING LATER
THAN SIXTY CALENDAR DAYS AFTER THE DATE OF TRANSMISSION OR
SERVICE OF THE NOTIFICATION.
(II) IF A PERSON AGAINST WHOM AN ORDER TO SHOW CAUSE HAS
BEEN ISSUED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (11) DOES
NOT APPEAR AT THE HEARING, THE DIRECTOR MAY PRESENT EVIDENCE THAT
NOTIFICATION WAS PROPERLY SENT OR SERVED ON THE PERSON PURSUANT
TO PARAGRAPH (b) OF THIS SUBSECTION (11) AND SUCH OTHER EVIDENCE
RELATED TO THE MATTER AS THE DIRECTOR DEEMS APPROPRIATE. THE
DIRECTOR MUST ISSUE THE ORDER WITHIN TEN DAYS AFTER THE DIRECTOR'S
DETERMINATION RELATED TO REASONABLE ATTEMPTS TO NOTIFY THE
RESPONDENT, AND THE ORDER BECOMES FINAL AS TO THAT PERSON BY
OPERATION OF LAW. THE HEARING MUST BE CONDUCTED PURSUANT TO
SECTIONS 24-4-104 AND 24-4-105, C.R.S.
(III) IF
THE DIRECTOR REASONABLY FINDS THAT THE PERSON
AGAINST WHOM THE ORDER TO SHOW CAUSE WAS ISSUED IS ACTING OR HAS
ACTED WITHOUT THE REQUIRED LICENSE OR HAS OR IS ABOUT TO ENGAGE
IN ACTS OR PRACTICES CONSTITUTING VIOLATIONS OF THIS ARTICLE, THE
DIRECTOR MAY ISSUE A FINAL CEASE-AND-DESIST ORDER DIRECTING THE
PERSON TO CEASE AND DESIST FROM FURTHER UNLAWFUL ACTS OR
UNLICENSED PRACTICES.
(IV) THE DIRECTOR SHALL PROVIDE NOTICE, IN THE MANNER SET
FORTH IN PARAGRAPH (b) OF THIS SUBSECTION (11), OF THE FINAL
CEASE-AND-DESIST ORDER WITHIN TEN CALENDAR DAYS AFTER THE
HEARING CONDUCTED PURSUANT TO THIS PARAGRAPH (c) TO EACH PERSON
AGAINST WHOM THE FINAL ORDER HAS BEEN ISSUED. THE FINAL ORDER
ISSUED PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH (c) IS
EFFECTIVE WHEN ISSUED AND IS A FINAL ORDER FOR PURPOSES OF JUDICIAL
REVIEW.
(12) IF IT APPEARS TO THE DIRECTOR, BASED UPON CREDIBLE
EVIDENCE PRESENTED TO THE DIRECTOR, THAT A PERSON HAS ENGAGED OR
IS ABOUT TO ENGAGE IN AN ACT OR PRACTICE CONSTITUTING A VIOLATION
OF THIS ARTICLE, A RULE PROMULGATED PURSUANT TO THIS ARTICLE, OR AN
ORDER ISSUED PURSUANT TO THIS ARTICLE, OR ANY OTHER ACT OR
PRACTICE CONSTITUTING GROUNDS FOR ADMINISTRATIVE SANCTION
PURSUANT TO THIS ARTICLE, THE DIRECTOR MAY ENTER INTO A STIPULATION
WITH THE PERSON.
(13) IF A PERSON FAILS TO COMPLY WITH A FINAL CEASE-AND-DESIST
ORDER OR A STIPULATION, THE DIRECTOR MAY REQUEST THE ATTORNEY
GENERAL OR THE DISTRICT ATTORNEY FOR THE JUDICIAL DISTRICT IN WHICH
THE ALLEGED VIOLATION EXISTS TO BRING, AND IF SO REQUESTED THE
ATTORNEY SHALL BRING, SUIT FOR A TEMPORARY RESTRAINING ORDER AND
FOR INJUNCTIVE RELIEF TO PREVENT ANY FURTHER OR CONTINUED
VIOLATION OF THE FINAL ORDER.
(14) A PERSON AGGRIEVED BY THE FINAL CEASE-AND-DESIST ORDER
MAY SEEK JUDICIAL REVIEW OF THE DIRECTOR'S DETERMINATION OR OF THE
DIRECTOR'S FINAL ORDER AS PROVIDED IN SUBSECTION (8) OF THIS SECTION.
(15) (a) WHEN A COMPLAINT OR INVESTIGATION DISCLOSES AN
INSTANCE OF MISCONDUCT THAT, IN THE OPINION OF THE DIRECTOR, DOES
NOT WARRANT FORMAL ACTION BY THE DIRECTOR BUT THAT SHOULD NOT
BE DISMISSED AS BEING WITHOUT MERIT, THE DIRECTOR MAY ISSUE AND
SEND THE LICENSEE A LETTER OF ADMONITION.
(b) WHEN THE DIRECTOR SENDS A LETTER OF ADMONITION TO A
LICENSEE, THE DIRECTOR SHALL ADVISE THE LICENSEE THAT HE OR SHE HAS
THE RIGHT TO REQUEST IN WRITING, WITHIN TWENTY DAYS AFTER RECEIPT
OF THE LETTER, THAT FORMAL DISCIPLINARY PROCEEDINGS BE INITIATED TO
ADJUDICATE THE PROPRIETY OF THE CONDUCT UPON WHICH THE LETTER OF
ADMONITION IS BASED.
(c) IF THE LICENSEE TIMELY REQUESTS ADJUDICATION, THE
DIRECTOR SHALL VACATE THE LETTER OF ADMONITION AND PROCESS THE
MATTER BY MEANS OF FORMAL DISCIPLINARY PROCEEDINGS.
(16)
WHEN
A COMPLAINT OR INVESTIGATION DISCLOSES AN
INSTANCE OF CONDUCT THAT DOES NOT WARRANT FORMAL ACTION BY THE
DIRECTOR AND, IN THE OPINION OF THE DIRECTOR, THE COMPLAINT SHOULD
BE DISMISSED, BUT THE DIRECTOR HAS NOTICED INDICATIONS OF POSSIBLE
ERRANT CONDUCT BY THE LICENSEE THAT COULD LEAD TO SERIOUS
CONSEQUENCES IF NOT CORRECTED, THE DIRECTOR MAY SEND THE LICENSEE
A CONFIDENTIAL LETTER OF CONCERN.
12-58.5-110. [Similar to 12-58.5-108] Revocation. A PERSON
WHOSE LICENSE IS REVOKED OR WHO SURRENDERS A LICENSE TO AVOID
DISCIPLINE IS INELIGIBLE TO APPLY FOR A LICENSE UNDER THIS ARTICLE
UNTIL AT LEAST TWO YEARS AFTER THE DATE OF REVOCATION OR
SURRENDER OF THE LICENSE. THE DIRECTOR SHALL TREAT A SUBSEQUENT
APPLICATION FOR LICENSURE FROM A PERSON WHOSE LICENSE WAS
REVOKED OR SURRENDERED AS AN APPLICATION FOR A NEW LICENSE UNDER
THIS ARTICLE.
12-58.5-111. [Similar to 12-58.5-109] Fees - cash fund. THE
DIVISION SHALL TRANSMIT ALL FEES COLLECTED PURSUANT TO THIS
ARTICLE TO THE STATE TREASURER, WHO SHALL CREDIT THE FEES TO THE
DIVISION OF PROFESSIONS AND OCCUPATIONS CASH FUND CREATED IN
SECTION 24-34-105 (2) (b), C.R.S. THE GENERAL ASSEMBLY SHALL MAKE
ANNUAL APPROPRIATIONS FROM THE DIVISION OF PROFESSIONS AND
OCCUPATIONS CASH FUND FOR EXPENDITURES OF THE DIVISION INCURRED
IN THE PERFORMANCE OF ITS DUTIES UNDER THIS ARTICLE.
12-58.5-112. [Similar to 12-58.5-108] Repeal of article - review
of functions. THIS ARTICLE IS REPEALED, EFFECTIVE SEPTEMBER 1, 2020.
PRIOR TO THE REPEAL, THE DEPARTMENT OF REGULATORY AGENCIES SHALL
REVIEW THE POWERS, DUTIES, AND FUNCTIONS OF THE DIRECTOR
REGARDING THE LICENSURE OF PRIVATE INVESTIGATORS UNDER THIS
ARTICLE AS PROVIDED IN SECTION 24-34-104, C.R.S.
SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal
(47.5) (i); and add (51.5) (h) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for termination, continuation, or reestablishment. (47.5) The
following agencies, functions, or both, shall terminate on September 1,
2016:
(i) The voluntary licensing of private investigators by the director
of the division of professions and occupations in accordance with article
58.5 of title 12, C.R.S.
(51.5) The following agencies, functions, or both, terminate on
September 1, 2020:
(h) THE LICENSING OF PRIVATE INVESTIGATORS BY THE DIRECTOR OF
THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN ACCORDANCE WITH
ARTICLE 58.5 OF TITLE 12, C.R.S.
SECTION 3. In Colorado Revised Statutes, 24-72-204, amend (7)
(b) (VIII) as follows:
24-72-204. Allowance or denial of inspection - grounds procedure - appeal - definitions. (7) (b) Notwithstanding paragraph (a)
of this subsection (7), only upon obtaining a completed requestor release
form under section 42-1-206 (1) (b), C.R.S., the department may allow
inspection of the information referred to in paragraph (a) of this subsection
(7) for the following uses:
(VIII) For use by any private investigator licensed pursuant to
section 12-58.5-105 SECTION 12-58.5-106, C.R.S., licensed private
investigative agency, or licensed security service for any purpose permitted
under this paragraph (b);
SECTION 4. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
division of professions and occupations cash fund created in section
24-34-105 (2) (b) (I), Colorado Revised Statutes, not otherwise
appropriated, to the department of regulatory agencies, for the fiscal year
beginning July 1, 2014, the sum of $28,300 and 0.3 FTE, or so much
thereof as may be necessary, to be allocated for the implementation of this
act as follows:
(a) $19,243 and 0.3 FTE to the division of professions and
occupations for personal services; and
(b) $9,057 to the executive director’s office and administrative
services for the purchase of legal services.
(2) In addition to any other appropriation, there is hereby
appropriated to the department of law, for the fiscal year beginning July 1,
2014, the sum of $9,057, or so much thereof as may be necessary, for the
provision of legal services for the department of regulatory agencies related
to the implementation of this act. Said sum is from reappropriated funds
received from the department of regulatory agencies out of the
appropriation made in paragraph (b) of subsection (1) of this section.
(3)
In addition to any other appropriation, there is hereby
appropriated, out of any moneys in the Colorado bureau of investigation
identification unit fund created in section 24-33.5-426, Colorado Revised
Statutes, not otherwise appropriated, to the department of public safety, for
allocation to the Colorado bureau of investigation, for the Colorado crime
information center, identification, for the fiscal year beginning July 1,
2014, the sum of $10,544, or so much thereof as may be necessary for
fingerprint-based criminal history checks related to the implementation of
this act.
SECTION 5. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
____________________________ ____________________________
Morgan Carroll
Mark Ferrandino
PRESIDENT OF
SPEAKER OF THE HOUSE
THE SENATE
OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell
Marilyn Eddins
SECRETARY OF
CHIEF CLERK OF THE HOUSE
THE SENATE
OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO

Private Investigators Licensure Act

Transcription

Similar documents

Giuliana Rancic - Stephanie Stephens

coRcIAL. BaNks

Reply to Pre-Bid Queries

Beta Testing License Agreement for ScaleDB Products

Your Name Your Address Your Phone Number Your Case Number

OCTG Division

Association of International Medical Graduates of British Columbia

STATE OF OKLAHOMA 2401 NW 23

CEMETERY SALESPERSON TEMPORARY LICENSE OR