Private Investigator

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Private investigator

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any person who engages in the business of private investigation

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Business of private investigation

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except when performed by one excluded under division (H) of this section, the conducting, for hire, in person or through a partner or employees, of any investigation relevant to any crime or wrong done or threatened, or to obtain information on the identity, habits, conduct, movements, whereabouts, affiliations, transactions, reputation, credibility, or character of any person, or to locate and recover lost or stolen property, or to determine the cause of or responsibility for any libel or slander, or any fire, accident, or damage to property, or to secure evidence for use in any legislative, administrative, or judicial investigation or proceeding

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Security guard provider

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any person who engages in the business of security services

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Business of security services

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(1) Furnishing, for hire, watchpersons, guards, private patrol officers, or other persons whose primary duties are to protect persons or property;
(2) Furnishing, for hire, guard dogs, or armored motor vehicle security services, in connection with the protection of persons or property.

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Class A license

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a license issued under section 4749.03 of the Revised Code that qualifies the person issued the license to engage in the business of private investigation and the business of security services

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Class B license

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a license issued under section 4749.03 of the Revised Code that qualifies the person issued the license to engage only in the business of private investigation

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Class C license

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a license issued under section 4749.03 of the Revised Code that qualifies the person issued the license to engage only in the business of security services

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“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include:

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(1) Public officers and employees whose official duties require them to engage in investigatory activities;

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do not include:“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include: (cont'd)

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(2) Attorneys at law or any expert hired by an attorney at law for consultation or litigation purposes;

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“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include: (cont'd)

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(3)A consumer reporting agency,

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“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include: (cont'd)

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(4)Certified public insurance adjusters that hold a certificate of authority issued pursuant to sections 3951.01 to 3951.09 of the Revised Code, while the adjuster is investigating the cause of or responsibility for a fire, accident, or other damage to property with respect to a claim or claims for loss or damage under a policy of insurance covering real or personal property;

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“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include: (cont'd)

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(5) Personnel placement services and persons who act as employees of such entities engaged in investigating matters related to personnel placement activities;

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“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include: (cont'd)

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(6) An employee in the regular course of the employee’s employment, engaged in investigating matters pertinent to the business of the employee’s employer or protecting property in the possession of the employee’s employer, provided the employer is deducting all applicable state and federal employment taxes on behalf of the employee and neither the employer nor the employee is employed by, associated with, or acting for or on behalf of any private investigator or security guard provider;

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“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include:

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(7) Any better business bureau or similar organization or any of its employees while engaged in the maintenance of the quality of business activities relating to consumer sales and services;

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“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include: (cont'd)

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(8) An accountant who is registered or certified under Chapter 4701. of the Revised Code or any of the accountant’s employees while engaged in activities for which the accountant is certified or registered;

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“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include: (cont'd)

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(9) Any person who, for hire or otherwise, conducts genealogical research in this state.

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“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include: (cont'd)

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(10) Any person residing in this state who conducts research for the purpose of locating the last known owner of unclaimed funds, provided that the person is in compliance with Chapter 169. of the Revised Code and rules adopted thereunder. The exemption set forth in division (H)(10) of this section applies only to the extent that the person is conducting research for the purpose of locating the last known owner of unclaimed funds.

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“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include: (cont'd)

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(11) A professional engineer who is registered under Chapter 4733. of the Revised Code or any of his employees.

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“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include: (cont'd)

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(12) Any person residing in this state who, for hire or otherwise, conducts research for the purpose of locating persons to whom the state of Ohio owes money in the form of warrants, as defined in division (S) of section 131.01 of the Revised Code, that the state voided but subsequently reissues.

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“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include: (cont'd)

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(13) An independent insurance adjuster who, as an individual, an independent contractor, an employee of an independent contractor, adjustment bureau association, corporation, insurer, partnership, local recording agent, managing general agent, or self-insurer, engages in the business of independent insurance adjustment, or any person who supervises the handling of claims except while acting as an employee of an insurer licensed in this state while handling claims pertaining to specific policies written by that insurer.

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“Private investigator,” “business of private investigation,” “security guard provider,” and “business of security services” do not include: (cont'd)

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(14) Except for a commissioned peace officer who engages in the business of private investigation or compensates others who engage in the business of private investigation or the business of security services or both, any commissioned peace officer as defined in division (B) of section 2935.01 of the Revised Code.

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Employee

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every person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go, or work, or be at any time in any place of employment, provided that the employer of the employee deducts all applicable state and federal employment taxes on behalf of the employee.

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Administrative rules - personnel

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The director of public safety shall administer this chapter, and for that purpose, may appoint employees and adopt rules that the director considers necessary. The director shall implement electronic licensing and registration procedures under this chapter not later than December 31, 2006. The application procedures in effect on the effective date of this amendment shall continue until such time as electronic licensing and registration procedures are implemented.

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Ohio private investigation and security services commission

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There is hereby created the Ohio private investigation and security services commission, consisting of the director of public safety or the director’s designee, who shall be a nonvoting member; the superintendent of the highway patrol or the superintendent’s designee, who shall be a voting member; and twelve members appointed by the governor with the advice and consent of the senate

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12 Members of the security services commission

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(1) Three members shall be owners or operators of a business that maintains a class A license and shall have at least five years’ experience in this state in the business of private investigation or security services.
(2) One member shall be an owner or operator of a business that maintains a class B license and shall have at least five years’ experience in this state in the business of private investigation or security services.
(3) One member shall be an owner or operator of a business that maintains a class C license and shall have at least five years’ experience in this state in the business of private investigation or security services.
(4) Two members shall be owners or operators of a business that maintains a class A, B, or C license and shall have at least five years’ experience in this state in the business of private investigation or security services.
(5) One member shall be an incumbent chief of police.
(6) One member shall be an active law enforcement officer, not above the rank of lieutenant.
(7) One member shall be an incumbent sheriff.
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(8) Two members shall be representatives of the general public who have never had a direct employment relationship with any class A, B, or C licensee.

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Governer's Appointments to the services commision- Dates/Terms

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The governor shall make initial appointments to the commission by January 1, 2005, and the commission shall hold its first meeting, at the call of the director of public safety, in January 2005. Of the initial appointments made to the commission, three shall be for a term ending December 31, 2005, three shall be for a term ending December 31, 2006, three shall be for a term ending December 31, 2007, and three shall be for a term ending December 31, 2008. Thereafter, terms of office shall be for five years, with each term ending on the same day of the same month as did the term that it succeeds. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. Members may be reappointed, but may serve not more than two complete consecutive five-year terms. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring before the expiration date of the term for which the member’s predecessor was appointed shall hold office as a member for the remainder of that term. A member shall continue in office subsequent to the expiration of the member’s term until the member’s successor takes office or until a period of sixty days has elapsed, whichever occurs first. The governor, after notice and the opportunity for a hearing, may remove any appointed member for misfeasance, malfeasance, or nonfeasance.

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How many days before the expiration of a member’s term, or in the event of a vacancy, does the Ohio association of security and investigation services have to submit names to the governor for consideration of appointment to the commission.

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90

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The commission shall advise the director of public safety on:

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all matters related to the regulation of private investigation and the business of security services and on the format, content and all other aspects of the licensure exams.

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Can the Dept. of Public Safety establish rules on behalf o fhte commission?

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Yes

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When shall the commission meet?

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No less than 4 times a year, upon the call of the chairperson, the request of five members, or request of the director of public safety or the director's designee.

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What happens at the first meeting of the year?

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called by the chairperson. Members elect a chairperson and vice-chairperson by majority vote. Establish meeting schedule for the rest of the year.

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Chairpersons

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Serve until successors are elected. Cannot serve more than 3 times in 5 years. Presides over all meetings, spokesperson and lieason to dept. of public safety.

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Quorum for a meeting to convene or continue

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7 appointed members. No proxy votes

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License Requirement

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1. good reputation for integrity, not convicted of felony in last 20 years or moral turpitude, not adjudicated incompetent.
2. past two years, been investigating, or practice of law, or acquired equivalent experience as determined by director of public safety.
3. Passes exam.
4. Gets general liability Insurance.

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In order to obtain the license, the person must pay

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405 for licensing fees.