32 §8104. License requirement; exceptions

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 89: PRIVATE INVESTIGATORS

§8104. License requirement; exceptions

1. License. No person may act as a private investigator without first obtaining from the commissioner a license to be a private investigator or investigative assistant.

[ 1981, c. 126, §2 (NEW) .]

2. Exceptions. This section does not apply to the following:

A. A person employed by or on behalf of the State, any political subdivision thereof, or any public instrumentality, while in the performance of his official duties; [1981, c. 126, §2 (NEW).]

B. A charitable or philanthropic organization, duly incorporated under the laws of the State, or any agent thereof, provided that the organization is not operated for profit; [1981, c. 126, §2 (NEW).]

C. A person employed to inquire into the fitness of an applicant for employment with that person's employer; [1981, c. 126, §2 (NEW).]

D. A credit reporting bureau or agency, or agent thereof, whose business is the furnishing of information concerning a person's business, financial or credit standing; [1981, c. 126, §2 (NEW).]

E. An insurance company, or agent thereof, investigating the personal habits and financial responsibility of applicants for insurance or indemnity bonds; [1981, c. 126, §2 (NEW).]

F. An attorney acting in a professional capacity; [1981, c. 126, §2 (NEW).]

G. A nonprofit trade or business association, board or organization, whether incorporated or unincorporated, or any agent thereof, conducting an investigation for the following purposes:

(1) To furnish to members of the association, board or organization, information concerning the business, financial or credit standing or the reputation of a person with whom the members consider doing business; provided that the investigation is no more extensive than is reasonably necessary; or

(2) To compile or disseminate statistics or data relating to business of the members of the association, board or organization; [1981, c. 126, §2 (NEW).]

H. An insurance adjuster or investigator, or an employee investigating claims for or against his employer; [1981, c. 126, §2 (NEW).]

I. A person engaged in compiling genealogical information; [1981, c. 126, §2 (NEW).]

J. A person possessing a valid private investigator's license granted under any prior existing provision of law of this State, provided that, upon expiration of the license, the person shall be governed by this section; or [1981, c. 126, §2 (NEW).]

K. An employee of a person not licensed under this chapter to do private investigative work, including a proprietary security organization, provided that the employee performs investigative functions solely for the employer and relating to the conduct of the employer's business. [1981, c. 126, §2 (NEW).]

SECTION HISTORY

1981, c. 126, §2 (NEW).