32-2401. Definitions

In this chapter, unless the context otherwise requires:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(iii) The credibility of witnesses or other persons.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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