43-30 Investigative and Security Services

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CHAPTER 43-30INVESTIGATIVE AND SECURITY SERVICES43-30-01. Definitions. As used in this chapter, unless the context or subject matterotherwise requires:1."Board" means the private investigative and security board.2."Employee" means an employee under a contract of employment as defined in chapter 34-01, and not an independent contractor as defined by the common-law test.3."License" includes a registration issued by the board.4."Licensee" includes an individual who is registered by the board.5."Private investigative service" means, for a fee, reward, or other consideration, undertaking any of the following acts for the purpose of obtaining information for others:a.Investigatingtheidentity,habits,conduct,movements,whereabouts,transactions, reputation, or character of any person or organization;b.Investigating the credibility of persons;c.Investigating the location or recovery of lost or stolen property, missing persons, owners of abandoned property or escheated property, or heirs to estates;d.Investigating the origin of and responsibility for libels, losses, accidents, or damage or injuries to persons or property;e.Investigating the affiliation, connection, or relationship of any person, firm, or corporation with any organization, society, or association, or with any official, representative, or member thereof;f.Investigating the conduct, honesty, efficiency, loyalty, oractivitiesofemployees, persons seeking employment, agents, or contractors and subcontractors;g.Investigating or obtaining evidence to be used before any authorized investigating committee, board of award, board of arbitration, administrative body, or officer or in preparation for trial of civil or criminal cases; orh.Investigating the identity or location of persons suspected of crimes or wrongdoing.6."Private security service" means furnishing for hire security officers or other persons to:a.Protect persons or property;b.Prevent or detect theft or the unlawful taking of goods, wares, or merchandise, or to prevent the misappropriation or concealment of goods, wares, merchandise, money, bonds, stocks, choses in action, notes, or other valuable documents or papers;Page No. 1c.Control, regulate, or direct the flow of or movements of the public, whether by vehicle or otherwise, to assure protection of private property;d.Prevent or detect intrusion, unauthorized entry or activity, vandalism, or trespass on private property;e.Perform the service of a security officer or other person for any of these purposes; orf.Transport money or negotiable securities to or from a financial institution or between business locations on a regular or daily basis, except for mail delivery.43-30-02. Exemptions. This chapter does not apply to:1.Any investigator or officer directly employed by or under any direct contract with the federal government, state, or any county or city thereof, appointed, elected, or contracted with, by due authority of law, while engaged in the performance of official duties. Subcontractors of agencies directly contracted with these entities are not exempted.2.Any state's attorney.3.Any attorneys or counselors at law in the regular practice of their profession and any paralegal or legal assistant employed by an attorney or law firm when the attorney or law firm retains complete responsibility for the work product of the paralegal or legal assistant.4.Any person engaged exclusively in obtaining and furnishing information as to the financial standing, rating, and credit responsibility of persons or as to the personal habits and financial responsibilities of applicants for insurance, indemnity bonds, or commercial credit.5.A collection agency or finance company licensed to do business under the laws of this state, or an employee of one of those companies, while acting within the scope of employment when making an investigation incidental to the business of the agency, including an investigation as to location of a debtor and of the debtor's assets or property, provided the client has a financial interest in or a lien upon the assets or property of the debtor.6.Any person making any investigation of any matter in which that person or the person by whom that person is solely employed is interested or involved.7.A person whose sole investigative business is obtaining or furnishing information about acts or individuals from public records, other than those investigating the location or recovery of abandoned or escheated property, owners of abandoned or escheated property, or heirs to estates.8.An expert who specializes in a specific, limited area of practice, including automotive accident reconstructions, fire origin and cause investigations, technical surveillance countermeasures, handwriting analysis, auditor, accountant or accounting clerk performing audits or accounting functions, or other areas of practice covered by other licensure in the state, and other areas determined by the board, that fall within the individual's scope of employment, incidental to the investigative profession.9.Persons reporting for any media, including news reporters or news investigators.10.A person providing mystery or secret shopping services, or providing a similar service, used for evaluating customer service, products, services, pricing, locations,Page No. 2or consumer issues so long as the evaluation is not for purposes of litigation or discovering violations of law.43-30-02.1. Fair housing law compliance - Exception - Penalty. This chapter doesnot apply to a person testing for fair housing law compliance who is employed by or volunteers with an organization recognized for this purpose under federal or state law and who meets the requirements, except for actual registration, of a registered private investigator established by the board. These requirements include a state and nationwide criminal history background record check conducted by the bureau of criminal investigation and the federal bureau of investigation. The results of the state and nationwide criminal history background record check must be on file with the organization. The board, at its request, may review the criminal history background record check and other information related to any person conducting the compliance test. Any person who knowingly violates the requirements for an exception under this section is guilty of a class B misdemeanor.43-30-02.2. Proprietary security. A proprietary employer is a person who employs anindividual to provide security for that person's own property or protection. A proprietary employer is not required to be licensed as a private security service if the employer does not offer or provide security services to others. Proprietary security employees may be voluntarily registered as security officers under section 43-30-06. In order to be registered as a proprietary security officer, an employee must meet all of the requirements to be registered as a security officer except for:1.Employment by a licensed private security service; and2.Supervision by an individual who is licensed to provide security services.43-30-03.Private investigative and security board.The governor shall appoint aprivate investigative and security board. The board must consist of not less than five nor more than eleven members appointed for staggered four-year terms. Appointees to the board must be knowledgeable in private investigative or private security matters. A majority of the members of the board must be actively engaged in the private investigative or security profession, with at least one member actively engaged in law enforcement. Members of the board may not receive any compensation for their service on the board, but they are entitled to be reimbursed for their expenses incurred in performing their duties in the amounts provided by law for state employees.43-30-04. Powers of the board. The board shall establish by rule the qualifications andprocedures for classifying, qualifying, licensing, bonding, and regulating persons providing private investigative and security services, including armed security personnel. All rules adopted by the board and appeals therefrom must be in accordance with chapter 28-32. The board may hire office personnel deemed necessary by it for carrying on its official duties and shall set the compensation to be paid to the personnel.43-30-04.1.Continuing education requirements.The board may adopt rulesestablishing the requirements for the continuing education of persons licensed under this chapter. The board may refuse to renew, suspend, or revoke any license issued under this chapter or place on probationary status any licensee on proof that the licensee has failed to meet the applicable continuing education requirements.Applicants for accreditation of continuingeducation courses, classes, or activities may be charged a reasonable fee as determined by the board.43-30-05. License required to provide private investigative or security services -Exclusivity. A person may not provide private investigative or security services without a license issued by the board. Notwithstanding any other law or ordinance, a person may not be required to obtain a license to provide private investigative or security services in this state other than the license required by this chapter.43-30-05.1. Temporary license or registration. The board may issue a temporarylicense or registration upon payment of the required application fee and satisfaction of all otherPage No. 3requirements set by the board for licensure or registration under this chapter except for completion of a nationwide criminal history record check on the applicant under section 43-30-06. A temporary license or registration issued under this section expires without further action by the board on the date the board receives the results of the nationwide criminal history record check on the applicant. An additional fee may not be charged for the temporary license or registration, but an application fee is not refundable if the board denies the application.43-30-06. License and registration applications. Every person who desires to obtaina license or registration, including nonlicensed members, partners, officers, and owners of at least ten percent interest in the entity, shall apply to the board on applications prepared and furnished by the board. Each application must include the information required by the board and must be accompanied by the required fee.As a requirement of receiving a license orregistration, the board shall require each applicant to submit to a state and nationwide criminal history background record check. The nationwide criminal history background record check must be conducted in the manner provided in section 12-60-24. All costs associated with the criminal history background record check are the responsibility of the applicant. Criminal history records provided to the board pursuant to this section are confidential and closed to the public and may be used by the board for the sole purpose of determining an applicant's eligibility for licensure and obtaining documentation to support a denial of licensure. A criminal history background record check is not required under this section if an applicant for registration has previously been the subject of a state and nationwide criminal history background record check, has held a registration issued by the board within the sixty days immediately preceding the application, and is applying for a new registration due solely to a change in employment. A nationwide criminal history background record check is not required under this section if an applicant for licensure or registration provides to the board the results of a nationwide criminal history background record check performed by the federal bureau of investigation at the request of another state and if the nationwide criminal history background record check was performed within the sixty days immediately preceding the date of the application. A state criminal history background record check is not required under this section if an applicant for registration provides to the board the results of a state criminal history background record check performed by the state in which the applicant currently resides and if the state criminal history background record check was performed within the sixty days immediately preceding the date of the application.43-30-07. Contents of license - Posting. 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43-30 Investigative and Security Services