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[Utah Code Table of Contents]
[TITLE 53. Table of Contents]
53-9-101 Title.
This chapter is known as the "Private Investigator Regulation
Act."
1995
53-9-102 Definitions.
In this chapter, unless otherwise stated:
(1) "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.
(2) "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.
(3) "Agency" means a person who holds an agency license pursuant to this chapter, and includes one who employs an individual for wages and salary, and withholds all legally required deductions and contributions, or contracts with a registrant or an apprentice on a part-time or case-by-case basis to conduct an investigation on behalf of the agency.
(4) "Applicant" means any person who has submitted a completed application and all required fees.
(5) "Apprentice" means a person who holds an apprentice license pursuant to this chapter, has not met the requirements for registration, and works under the direct supervision and guidance of an agency.
(6) "Board" means the Private Investigator Hearing and Licensure Board created in Section 53-9-104 .
(7) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201 .
(8) "Commissioner" means the commissioner of the Department of Public Safety.
(9) "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 imposition of sentence was suspended.
(10) "Department" means the Department of Public Safety.
(11) "Direct supervision" means that the agency or employer:
(a) is responsible for, and authorizes, the type and extent of work assigned;
(b) reviews and approves all work produced by the apprentice before it goes to the client;
(c) closely supervises and provides direction and guidance to the apprentice in the performance of his assigned work; and
(d) is immediately available to the apprentice for verbal contact, including by electronic means.
(12) "Emergency action" means a summary suspension of a license pending revocation, suspension, or probation in order to protect the public health, safety, or welfare.
(13) "Employee" means an individual who works for an agency or other employer, is listed on the agency's or employer's payroll records, and is under the agency's or employer's direction and control. An employee is not an independent contractor.
(14) "Identification card" means a card issued by the commissioner to a qualified applicant for an agency, registrant, or apprentice license.
(15) "Letter of concern" means an advisory letter to notify a licensee that while there is insufficient evidence to support probation, suspension, or revocation of a license, the department informs the licensee of the need to 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 licensee.
(16) "Licensee" means a person to whom an agency, registrant, or apprentice license is issued by the department.
(17) (a) "Private investigator or private detective" means any person, except collection agencies and credit reporting agencies, who, for consideration, engages in business or accepts employment to conduct any investigation for the purpose of obtaining information with reference to:
(i) crime, wrongful acts, or threats against the United States or any state or territory of the United States;
(ii) the identity, reputation, character, habits, conduct, business occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements, whereabouts, affiliations, associations, or transactions of any person or group of persons;
(iii) the credibility of witnesses or other persons;
(iv) the whereabouts of missing persons or owners of abandoned property;
(v) 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;
(vi) the business of securing evidence to be used before investigating committees or boards of award or arbitration or in the trial of civil or criminal cases and the trial preparation;
(vii) the prevention, detection, and removal of installed devices for eavesdropping or observation;
(viii) the business of "skip tracing" persons who have become delinquent in their lawful debts, either when hired by an individual, collection agency, or through the direct purchase of the debt from a financial institution or entity owning the debt or judgment; or
(ix) serving civil process.
(b) "Private investigator or private detective" does not include:
(i) any person or employee conducting an investigation on the person's or employee's own behalf or on behalf of the employer if the employer is not a private investigator under this chapter; or
(ii) an employee of an attorney licensed to practice law in this state.
(18) "Qualifying party" means the individual meeting the qualifications under this chapter for a private investigator license.
(19) "Registrant" means any person who holds a registrant license pursuant to this chapter. The registrant performs private investigative work either as an employee on an employer's payroll or, on a contract with an agency, part-time, or case-by-case basis, with a minimum amount of direction.
(20) "Restructuring" means any change in the legal status of a business.
(21) "Unprofessional conduct" means any of the following:
(a) engaging or offering to engage by fraud or misrepresentation in any 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 or registrant in this state;
(c) gross negligence in the practice of a private investigator or registrant;
(d) failing or refusing to maintain adequate records and investigative findings on a subject of investigation or a client;
(e) committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension, or revocation of an agency, registrant, or apprentice license. In all cases, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission of the crime; or
(f) making a fraudulent or untrue statement to the bureau,
board, department, or its investigators, staff, or consultants.
2003
53-9-103 Commissioner of Public Safety to administer - Bureau to issue licenses - Records - Bonds - Rulemaking.
(1) The commissioner of the Department of Public Safety shall administer this chapter.
(2) (a) The bureau, acting at the direction of the commissioner, shall issue a private investigator license to any applicant who meets qualifications for licensure under Section 53-9-108 .
(b) The bureau shall issue the license to a qualified applicant within five business days of receipt of the application.
(3) (a) The bureau shall keep records of:
(i) all applications for licenses under this chapter; and
(ii) all bonds and proof of workers' compensation required to be filed.
(b) The records shall include statements as to whether a license or renewal license has been issued for each application and bond.
(4) If a license is revoked, suspended, canceled, or denied or if a licensee is placed on probation, the date of filing the order for revocation, suspension, cancellation, denial, or probation shall be included in the records.
(5) The bureau shall maintain a list of all licensees that have had a license revoked, suspended, placed on probation, or canceled and a written record of complaints filed against licensees.
(6) The commissioner may make rules in accordance with
Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
necessary to administer this chapter.
2003
53-9-104 Board - Creation-- Qualifications - Appointments - Terms - Immunity.
(1) There is established a Private Investigator Hearing and Licensure Board consisting of five members appointed by the commissioner.
(2) Each member of the board shall be a citizen of the United States and a resident of this state at the time of appointment.
(a) Two members shall be qualifying parties who are licensed as provided in this chapter.
(b) One member shall be a supervisory investigator from the commissioner's office.
(c) One member shall be a chief of police or sheriff.
(d) One member shall be a public member who shall not have a financial interest in a private investigative agency and shall not have an immediate family member or a household member or friend who is licensed or registered under this chapter.
(3) (a) Each member of the board shall serve four-year staggered terms beginning and ending on January 1.
(b) Notwithstanding the term requirements of Subsection (3)(a), the commissioner may adjust the length of terms to ensure the terms of board members are staggered so that approximately one member of the board is appointed every year.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5) At its first meeting every year, the board shall elect a chair, vice chair, and secretary from its membership.
(6) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the board at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and expenses for their service.
(7) A member shall not serve more than one term, except that a member appointed to fill a vacancy or appointed for an initial term of less than four years may be reappointed for one full term.
(8) The commissioner, after a board hearing and recommendation, may remove any member of the board for misconduct, incompetency, or neglect of duty.
(9) Members of the board are immune from suit with respect
to all acts done and actions taken in good faith in furtherance
of the purposes of this chapter.
1998
53-9-105 Powers and duties of the board.
(1) The board shall:
(a) review all applications for licenses and renewals of licenses for private investigators and make recommendations to the commissioner for approval or disapproval;
(b) upon receiving a timely filed petition, review within a reasonable time the denial, suspension, or revocation of a private investigator license; and
(c) review all complaints and make recommendations to the commissioner regarding disciplinary action.
(2) The board may take and hear evidence, administer oaths
and affirmations, and compel by subpoena the attendance of
witnesses and the production of books, papers, records, documents,
and other information relating to a formal complaint against
or department investigation of a private investigator.
2003
53-9-106 Meetings - Hearings.
(1) The board shall meet quarterly, unless the board has no business to conduct during that quarter, and shall also meet at the call of the chair.
(2) A quorum consists of three members.
(3) If a member has three unexcused absences within a
12-month period, the board may hold a hearing to determine
if that board member should be released from board duties.
2003
53-9-107 Classification of licenses - License required to act.
(1) Every person applying for a license under this chapter shall indicate on the application which of the following licenses the applicant is applying for:
(a) an agency license shall be issued to an applicant who meets the requirements of Subsection 53-9-108 (1) and Section 53-9-109 ;
(b) a registrant license shall be issued to an applicant who meets the requirements of Subsection 53-9-108 (2) and Section 53-9-110 ; or
(c) an apprentice license shall be issued to an applicant who meets the requirements of Subsection 53-9-108 (3) and Section 53-9-110 .
(2) Unless licensed under this chapter, a person may not:
(a) act or assume to act as, or represent himself to be:
(i) a licensee; or
(ii) a private investigator or private detective as defined in Subsection 53-9-102 (16) or conduct any investigation as provided in Subsection 53-9-102 (16); or
(b) falsely represent to be employed by or for an independent
contractor for an agency.
1998
53-9-108 Qualifications for licensure.
(1) (a) An applicant for an agency license under this chapter shall be at least 21 years of age, a citizen or legal resident of the United States, and of good moral character.
(b) An applicant may not have been:
(i) convicted of a felony;
(ii) convicted of any act involving illegally using, carrying, or possessing a dangerous weapon;
(iii) convicted of any act of personal violence or force on any person or convicted of threatening to commit any act of personal violence or force against another person;
(iv) convicted of any act constituting dishonesty or fraud;
(v) convicted of any act involving moral turpitude;
(vi) placed on probation or parole;
(vii) named in an outstanding arrest warrant; or
(viii) convicted of illegally obtaining or disclosing private, controlled, or protected records as provided in Section 63-2-801 .
(c) In assessing good moral character under Subsection (1)(b), the board shall consider any mitigating circumstances presented by an applicant regarding information under Subsections (1)(b)(vi) and (viii).
(d) If previously or currently licensed in another state or jurisdiction, the applicant shall be in good standing within that state or jurisdiction.
(e) An applicant shall have completed a minimum of two years, or 2,000 hours, of investigative experience that consists of actual work performed as a private investigator for a private agency, the federal government, or a state, county, or municipal government.
(f) (i) An applicant for an agency license shall substantiate investigative work experience claimed as years of qualifying experience and provide the exact details as to the character and nature of the experience on a form prescribed by the department and certified by the applicant's employers.
(ii) If the applicant is unable to supply written certification from an employer in whole or in part, the applicant may offer written certification from persons other than an employer covering the same subject matter for consideration by the board.
(iii) The applicant shall prove completion of the required experience to the satisfaction of the board and the board may independently verify any certification offered on behalf of the applicant.
(2) (a) An applicant for a registrant license shall meet all qualification standards of this section, except Subsection (1)(d). An applicant shall have a minimum of one year, or 1,000 hours, of investigative experience that consists of actual work performed as a private investigator for a private agency, the federal government, a state, county, or municipal government.
(b) A licensed registrant shall only work as an employee of, or an independent contractor with, licensed agencies as provided in Subsection 53-9-102 (19), and may not:
(i) advertise his services or conduct investigations for the general public; or
(ii) employ other private investigators or hire them as independent contractors.
(3) (a) An applicant for an apprentice license, lacking the experience required for a registrant license, shall meet all of the qualification standards in Subsection (1), except Subsection (1)(d) and complete an apprentice application.
(b) An apprentice shall work under the direct supervision and guidance of a licensed agency, full-time for one year, or 1,000 hours, prior to eligibility for a registrant license. A licensed apprentice shall only work under the direction of a licensed agency as provided in Subsection 53-9-102 (5), and may not:
(i) advertise his services or conduct investigations for the general public; or
(ii) employ other private investigators.
(4) (a) An applicant for an agency, registrant, or apprentice license may be eligible for a license without meeting all or part of the investigative work experience required by this section if the applicant:
(i) has a criminal justice degree from an accredited college or university;
(ii) is certified by Peace Officer Standards and Training; or
(iii) can substantiate other similar law enforcement or investigative training in the areas set forth in Subsection 53-9-102 (17).
(b) The board shall determine whether or not training
may replace the work experience requirement and to what extent.
2003
53-9-109 Application for agency license - Bond - Workers' compensation.
(1) Every application for an agency license to engage in the private investigative business shall set forth information to assist the commissioner in determining the applicant's ability to meet the requirements prescribed in this chapter and contain the following:
(a) the full name and business address of the applicant;
(b) two passport-size color photographs of the applicant;
(c) the name under which the applicant intends to do business;
(d) a statement that the applicant intends to engage in the private investigative business;
(e) a verified statement of the applicant's experience and qualifications as provided in Section 53-9-108 ; and
(f) the fee prescribed in Section 53-9-111 .
(2) Before the issuance of an original or renewal agency license, the applicant shall provide to the department:
(a) a surety bond in the amount of $10,000; and
(b) a certificate of workers' compensation insurance, if applicable.
(3) The bond required by this section shall be:
(a) executed and acknowledged by the applicant as principal and by a corporation licensed to transact fidelity and surety business in this state as surety;
(b) continuous in form and run concurrently with the license period;
(c) in favor of the state for the benefit of any person injured by any acts of a private investigator, his agency, or his employees; and
(d) subject to claims by any person who is injured by those acts.
(4) (a) The commissioner shall cancel the agency license of any licensed agency on the cancellation of the surety bond.
(b) The license may be reinstated when the qualifying party:
(i) files a surety bond that is concurrent with the remainder of the license period; and
(ii) pays the reinstatement fee prescribed in Section
53-9-111
.
1998
53-9-110 Application for registrant or apprentice license.
(1) Every application for a registrant or apprentice license shall provide information to assist the commissioner in determining the applicant's ability to meet the requirements prescribed in this chapter and contain the following:
(a) the full name and address of the applicant;
(b) two passport-size color photographs of the applicant;
(c) the name of the licensed agency for which the applicant will be an employee, apprentice, or contract registrant, if applicable;
(d) authorization of the licensed agency or its designee to employ the apprentice or contract with the registrant, if applicable;
(e) a verified statement of the applicant's experience and qualifications as provided in Section 53-9-108 ; and
(f) the fee prescribed in Section 53-9-111 .
(2) An application for a registrant or apprentice license
or renewal shall be accompanied by a surety bond in the amount
of $10,000.
1998
53-9-111 License and registration fees - Deposit in General Fund.
(1) Fees for licensure and renewal shall be as follows:
(a) for an original agency license application and license, $200, plus an additional fee for the costs of fingerprint processing and background investigation;
(b) for the renewal of an agency license, $100;
(c) for an original registrant or apprentice license application and license, $100, plus an additional fee for the costs of fingerprint processing and background investigation;
(d) for the renewal of a registrant or apprentice license, $50;
(e) for filing an agency renewal application more than 30 days after the expiration date of the license, a delinquency fee of $50;
(f) for filing a registrant or apprentice renewal application more than 30 days after the expiration date of the registration, a delinquency fee of $30;
(g) for the reinstatement of any license, $50;
(h) for a duplicate identification card, $10; and
(i) for the fingerprint processing fee, an amount that does not exceed the cost to the department charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of obtaining federal criminal history record information.
(2) (a) The commissioner may renew a license granted under this chapter upon receipt of a renewal application on forms as prescribed by the commissioner and upon receipt of the fees prescribed in Subsection (1).
(b) The renewal of a license requires the filing of a surety bond as described in Subsections 53-9-109 (2) and (3). Renewal of a license shall not be granted more than 90 days after expiration.
(c) A licensee may not engage in any activity subject to this chapter during any period between the date of expiration of the license and the renewal of the license.
(3) (a) The commissioner shall renew a suspended license if:
(i) the period of suspension has been completed;
(ii) the commissioner has received a renewal application from the applicant on forms prescribed by the commissioner; and
(iii) the applicant has:
(A) filed a surety bond as described by Subsections 53-9-109 (2) and (3); and
(B) paid the fees required by this section for renewal, including a delinquency fee if the application is not received by the commissioner within 30 days of the termination of the suspension.
(b) Renewal of the license does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in any activity regulated by this chapter, or in any other activity or conduct in violation of the order or judgment by which the license was suspended.
(4) The commissioner shall not reinstate a revoked license or accept an application for a license from a person whose license has been revoked for at least one year from the date of revocation.
(5) All fees, except the fingerprint processing fee, collected
by the department under this section shall be deposited in
the General Fund.
1998
53-9-112 Issuance of license and identification card to applicant - License period - Expiration of application - Transfer of license prohibited.
(1) The commissioner shall issue a license to an applicant who complies with the provisions of this chapter. Each license issued under this chapter shall:
(a) contain the name and address of the licensee and the number of the license, its agency, registrant, or apprentice license designation; and
(b) be issued for a period of two years.
(2) On the issuance of a license, an identification card shall:
(a) be issued without charge to the licensee; and
(b) state on its face whether the bearer holds an agency, registrant, or apprentice license.
(3) (a) A registrant identification card shall state that the licensee is under the direction of a licensed agency and may not do investigative work independently for the public.
(b) An apprentice identification card shall state that the licensee is under the direct supervision of a licensed agency and may not do investigative work independently for the public.
(4) Upon request by any person, the licensee shall immediately identify the name, business address, and phone number of the licensed agency for which the licensee is an employee or independent contractor.
(5) (a) On notification by the commissioner to an applicant that the license is not complete, or is not ready for issuance pending additional information, the applicant shall complete the application process and provide the additional information within 90 days.
(b) Failure to complete the process shall result in the application being cancelled and all fees forfeited.
(c) Subsequent application by the same applicant requires the payment of all application and license fees prescribed in Section 53-9-111 .
(6) A licensee shall notify the commissioner of any change in the name or address of his business within 60 days of the change and failure to so notify will result in the automatic suspension of the license. To relieve the suspension, the licensee must apply for reinstatement and pay the fee prescribed in Section 53-9-111 .
(7) A license issued under this chapter is not transferable
or assignable.
1998
53-9-113 Grounds for denial of a license - Appeal.
(1) The board may deny a license or the renewal of a license if the applicant has:
(a) committed an act that, if committed by a licensee, would be grounds for probation, suspension, or revocation of a license under this chapter;
(b) employed or contracted with a person who has been refused a license under this chapter or who has had a license revoked;
(c) while not licensed under this chapter, committed, or aided and abetted the commission of, any act for which a license is required by this chapter; or
(d) knowingly made a material misstatement in connection with an application for a license or renewal of a license.
(2) (a) The board's denial of a license under this chapter shall:
(i) be in writing;
(ii) describe the basis for the denial; and
(iii) inform the applicant that if the applicant desires a hearing to contest the denial, the applicant shall submit a request in writing to the board within 30 days after the denial has been sent by the department by certified mail to the applicant.
(b) The board shall schedule a hearing on the denial for the next board meeting after the applicant's request for a hearing has been received by the board.
(3) The decision of the board may be appealed to the commissioner, who may:
(a) return the case to the board for reconsideration;
(b) modify the board's decision; or
(c) reverse the board's decision.
(4) The department shall promptly issue a final order of the commissioner and send the order to the applicant.
(5) Decisions of the commissioner are subject to judicial
review pursuant to Section
63-46b-15
.
1998
53-9-115 Business name and address - Posting of license - Advertising.
(1)(a) Subject to the provisions of this chapter, a licensee may conduct an investigative business under a name other than the licensee's by:
(i) complying with the requirements of Title 42, Chapter 2, Conducting Business Under Assumed Name; and
(ii) providing a copy of the filed certificate to the commissioner.
(b) Failure to comply with Subsection (1)(a) shall result in the suspension of the license.
(2) Each licensee shall have at least one physical location from which the normal business of the agency is conducted. The address of this location shall be on file with the commissioner at all times and is not a public record pursuant to Subsection 63-2-301 (1)(b)(ii).
(3) The license certificate issued by the commissioner shall be posted in a conspicuous place in the principal office of the licensee.
(4) Subject to the provisions of this chapter, a licensee may solicit business through any accepted form of advertising.
(a) Any advertisement shall contain the licensee's name and license number as it appears on the license certificate.
(b) A licensee may not use false, deceptive, or misleading
advertising.
1998
53-9-116 Divulging investigative information - False reports prohibited.
(1) Except as otherwise provided by this chapter, a licensee may not divulge or release to anyone other than his client or employer the contents of an investigative file acquired in the course of licensed investigative activity. However, the board shall have access to investigative files if the client for whom the information was acquired, or his lawful representative, alleges a violation of this chapter by the licensee or if the prior written consent of the client to divulge or release the information has been obtained.
(2) A licensee may not willfully make a false statement or report to a client, employer, the board, or any authorized representative of the department, concerning information acquired in the course of activities regulated by this chapter.
(3) The licensee shall submit investigative reports to a client at times and in the manner agreed upon between the licensee and the client.
(4) Upon demand by the client, the licensee shall divulge to the client the results of an investigation if payment in full has been tendered for the charges levied.
(5) The licensee has full right to withdraw from any case
and refund any portion of a retainer for which investigative
work has not been completed.
1998
53-9-117 Authority to investigate complaint - Filing of complaints - Response - Retention of records - Appeal - Fines collected.
(1) The commissioner or board may initiate an investigation of any person advertising services or engaged in performing services that require a license under this chapter and shall investigate if a licensee is engaged in activities that do not comply with or are prohibited by this chapter.
(2) The commissioner shall enforce the provisions of this chapter without regard to the place or location in which a violation may have occurred, and on the complaint of any person, may investigate any alleged violation of this chapter or the business and business methods of any licensee or applicant for licensure under this chapter.
(3) Complaints against any licensee shall be filed with the commissioner in writing on forms prescribed by the commissioner.
(a) Upon receipt of a complaint, or at the request of the board, the commissioner shall assign the complaint to an investigator within the department.
(b) The department will provide a copy of the complaint to the licensee who shall answer the complaint in writing within 15 working days of the date the complaint is sent by the department by certified mail.
(4) In any investigation undertaken by the department, each licensee on request shall provide records and truthfully respond to questions concerning activities regulated under this chapter.
(a) These records shall be maintained for five years at the principal place of business of the licensee or at another location approved by the board for a person whose license has been terminated, canceled, or revoked.
(b) On request by the department the licensee shall:
(i) during normal business hours or other time acceptable to the parties, make its records available immediately to the department unless the department determines that an extension may be granted; and
(ii) provide copies of any business records requested by the department.
(5) Upon completion of the investigation, the department shall report its findings of fact to the board, and shall make a recommendation as to whether disciplinary action is warranted under Subsection 53-9-118 (1), including whether emergency action should be taken under Subsection 53-9-118 (2).
(6) (a) If the department recommends disciplinary action, a notice of the recommendations in Subsection (5) shall be sent by the department to the licensee by certified mail.
(b) The notice shall include the right to request a hearing
before the board, and require that any such request shall
be in writing and received by the board within 30 working
days of the date the notice of recommendations was sent by
the department to the licensee by certified mail.
1998
53-9-118 Grounds for disciplinary action - Types of action.
(1) The board may suspend or revoke a license or registration or deny an application for a license if a person engages in any of the following:
(a) fraud or willful misrepresentation in applying for an original license or renewal of an existing license;
(b) using any letterhead, advertising, or other printed matter in any manner representing that the licensee is an instrumentality of the federal government, a state, or any political subdivision of a state;
(c) using a name different from that under which the licensee is currently licensed for any advertising, solicitation, or contract to secure business unless the name is an authorized fictitious name;
(d) impersonating, permitting, or aiding and abetting an employee or independent contractor to impersonate a peace officer or employee of the United States, any state, or a political subdivision of a state;
(e) knowingly violating, advising, encouraging, or assisting the violation of any statute, court order, or injunction in the course of a business regulated under this chapter;
(f) falsifying fingerprints or photographs while operating under this chapter;
(g) conviction of a felony;
(h) conviction of any act involving illegally using, carrying, or possessing a dangerous weapon;
(i) conviction of any act involving moral turpitude;
(j) conviction of any act of personal violence or force against any person or conviction of threatening to commit any act of personal violence or force against any person;
(k) soliciting business for an attorney in return for compensation;
(l) conviction of any act constituting dishonesty or fraud;
(m) being placed on probation, parole, or named in an outstanding arrest warrant;
(n) committing or permitting any employee or independent contractor to commit any act during the period when the license is expired or suspended;
(o) willfully neglecting to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties unless the licensee chooses to withdraw from the case and returns the funds for work not yet completed;
(p) the unauthorized release of information acquired on behalf of a client by a licensee, or its employee or contract agent as a result of activities regulated under this chapter;
(q) failing to cooperate with, misrepresenting to, or refusing access to business or investigative records requested by the board or an authorized representative of the department engaged in an official investigation pursuant to this chapter;
(r) employing or contracting with any unlicensed or improperly licensed person or agency to conduct activities regulated under this chapter if the licensure status was known or could have been ascertained by reasonable inquiry;
(s) permitting, authorizing, aiding, or in any way assisting an employee to conduct services as described in this chapter on an independent contractor basis and not under the authority of the licensed agency;
(t) failure to maintain in full force and effect workers' compensation insurance, if applicable;
(u) conducting private investigation services regulated by this chapter on a revoked or suspended license;
(v) accepting employment, contracting, or in any way engaging in employment that has an adverse impact on investigations being conducted on behalf of clients;
(w) advertising in a false, deceptive, or misleading manner;
(x) refusing to display the identification card issued by the department to any person having reasonable cause to verify the validity of the license;
(y) committing any act of unprofessional conduct;
(z) conviction of any act of illegally obtaining or disseminating private, controlled, or protected records under Section 63-2-801 ; or
(aa) engaging in any other conduct prohibited by this chapter.
(2) (a) If the board finds, based on the investigation, that the public health, safety, or welfare requires emergency action, the board may order a summary suspension of a license pending proceedings for revocation or other action.
(b) If the board issues a summary suspension order, the commissioner shall issue to the licensee a written notice of the order and indicate the licensee's right to request a formal hearing before the board.
(c) The licensee's request for a formal hearing shall be in writing and received by the department within 30 working days of the date the summary suspension was sent by the department to the licensee by certified mail.
(3) If the board finds, based on the investigation or hearing, that a violation under Subsection (1) has occurred, notice will be sent to the licensee of the board's decision by mailing a true copy to the licensee's last-known address in the department's files by certified mail, return receipt requested.
(4) Based on information the board receives from the investigation or during a hearing, it may do any of the following:
(a) dismiss the complaint if the board believes it is without merit;
(b) take emergency action;
(c) issue a letter of concern, if applicable;
(d) impose a civil fine not to exceed $500;
(e) place the license on suspension for a period of not more than 12 months;
(f) revoke the license or registration; and
(g) place all records, evidence findings, and conclusion, and any other information pertinent to the investigation, in a confidential and protected records section of the file maintained at the department.
(5) A letter of concern issued pursuant to Section 53-9-118 is a document that is retained by the department and may be used in future disciplinary actions against a licensee.
(6) Appeal of the board's decision shall be made in writing to the commissioner within 15 days of the date of issuance of the board's decision. The commissioner shall review the finding by the board and may affirm, return to the board for reconsideration, reverse, adopt, modify, supplement, amend, or reject the recommendation of the board.
(7) The department shall issue a final written order within 30 days outlining the commissioner's decision on the appeal. The final order is final agency action for purposes of judicial review under Section 63-46b-15 .
(8) All fines collected under this section shall be deposited
in the General Fund.
1998
53-9-119 Violation - Penalty.
Any person who violates any provision of this chapter
is guilty of a class A misdemeanor.
1998
