Section 338.826 - License; qualifications; reciprocal agreements.
PROFESSIONAL INVESTIGATOR LICENSURE ACT (EXCERPT)
Act 285 of 1965
338.826 License; qualifications; reciprocal agreements.
Sec. 6.
(1) The department shall issue a license to conduct business as a professional investigator if satisfied that the applicant is a person, or if a firm, partnership, company, limited liability company, or corporation, the sole or principal license holder is a person who meets all of the following qualifications:
(a) Is a citizen of the United States.
(b) Is not less than 25 years of age.
(c) Has a high school education or its equivalent.
(d) Has not been convicted of a felony, or a misdemeanor involving any of the following:
(i) Dishonesty or fraud.
(ii) Unauthorized divulging or selling of information or evidence.
(iii) Impersonation of a law enforcement officer or employee of the United States or a state, or a political subdivision of the United States or a state.
(iv) Illegally using, carrying, or possessing a dangerous weapon.
(v) Two or more alcohol related offenses.
(vi) Controlled substances under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(vii) An assault.
(e) Has not been dishonorably discharged from a branch of the United States military service.
(f) For a period of not less than 3 years has been or is any of the following on a full-time basis:
(i) Lawfully engaged in the professional investigation business as a licensee, registrant, or investigative employee in another state.
(ii) Lawfully engaged in the investigation business as an investigative employee of the holder of a license to conduct a professional investigation agency.
(iii) An investigator, detective, special agent, intelligence specialist, parole agent, probation officer, or certified police officer employed by any government executive, military, judicial, or legislative agency, or other public authority engaged in investigative or intelligence activities. This subdivision does not include individuals employed by educational or charitable institutions who are solely engaged in academic, consulting, educational, instructional, or research activities. In the case of the experience requirement under this subparagraph for an applicant demonstrating experience as a probation officer or parole agent, the department shall consider any application filed on or after January 1, 2005 for eligibility regarding that experience.
(iv) A graduate of an accredited institution of higher education with a baccalaureate or postgraduate degree in the field of police administration, security management, investigation, law, criminal justice, or computer forensics or other computer forensic industry certificated study that is acceptable to the department.
(v) Lawfully engaged in the investigation business as a full-time proprietary or in-house investigator employed by a business or attorney, or as an investigative reporter employed by a recognized media outlet, acceptable to the department. This subdivision does not include individuals employed by educational or charitable institutions who are solely engaged in academic, consulting, educational, instructional, or research activities.
(g) Has posted with the department a bond or insurance policy provided for in this act.
(2) In the case of a person, firm, partnership, company, limited liability company, or corporation now doing or seeking to do business in this state, the manager shall comply with the qualifications of this section.
(3) Beginning July 1, 2010, a law enforcement officer, as that term is defined in section 2 of the commission of law enforcement standards act, 1965 PA 203, MCL 28.602, shall not be issued a new or renewal license and shall not be employed and working in an investigative capacity by, or authorized to operate in a capacity as, a professional investigator unless the law enforcement officer obtains and produces, in a manner acceptable to the department, any 1 of the following:
(a) Written permission to act as a professional investigator from the current chief of police, county sheriff, or other official having executive authority and responsibility over the law enforcement matters in that jurisdiction if the law enforcement officer does not work under the authority of a chief of police or county sheriff.
(b) A copy of the law enforcement officer's jurisdiction's published policies and procedures allowing off-duty employment, which policies and procedures include the prohibition of the off-duty use of investigative tools or equipment, or both, provided exclusively for law enforcement and indicate that the off-duty employment as a professional investigator is not considered in conflict with employment as a law enforcement officer.
(c) A copy of the collective bargaining agreement of the law enforcement officer's jurisdiction.
(4) This act does not prevent a licensee from acting as a professional investigator outside of this state to the extent allowed by that other state under the laws of that state.
(5) The department may enter into reciprocal agreements with other states that have professional investigator qualification laws to allow a professional investigator license or registration to be used by that licensee or registrant within the jurisdiction of either this state or another state. The reciprocal agreement shall be limited to only allow professional investigators to continue investigations that originate in the investigator's home state and that require investigation in another state. The department may enter into a reciprocal agreement if the other state meets all of the following conditions:
(a) Issues a professional investigator identification card with an expiration date printed on the card.
(b) Is available to verify the license or registration status for law enforcement purposes.
(c) Has disqualification, suspension, and revocation standards for licenses and registrations.
(d) Requires the applicant for a license or registration as a professional investigator to submit to a criminal history records check pursuant to applicable state and federal law.
(6) Each reciprocal agreement shall, at a minimum, include the following provisions:
(a) A requirement that the professional investigator possess a professional investigator license or registration in good standing from his or her home state.
(b) A requirement that the professional investigator shall be time-limited to a maximum of 30 days per case while conducting an investigation in this state, or a lesser amount of time if required to comply with the reciprocity statutes or regulations of the other state.
(c) A requirement that the professional investigator from the other state not solicit any business in this state while conducting investigations in this state.
History: 1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 1967, Act 164, Eff. Nov. 2, 1967 ;-- Am. 1978, Act 311, Imd. Eff. July 10, 1978 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008