324.1136. Record-keeping requirements--investigatory powers of the board.
Record-keeping requirements--investigatory powers of the board.
324.1136. 1. Each private investigator or investigator agencyoperating under the provisions of sections 324.1100 to 324.1148 shall berequired to keep a complete record of the business transactions of suchinvestigator or investigator agency for a period of seven years. Upon theservice of a court order issued by a court of competent jurisdiction orupon the service of a subpoena issued by the board that is based on acomplaint supported by oath or affirmation, which particularly describesthe records and reports, any licensed private investigator who is theowner, partner, director, corporate officer, or custodian of businessrecords shall provide an opportunity for the inspection of the same and toinspect reports made. Any information obtained by the board shall be keptconfidential, except as may be necessary to commence and prosecute anylegal proceedings. The board shall not personally enter a licensee's placeof business to inspect records, but shall utilize an employee of thedivision of professional registration to act as a gatherer of informationand facts to present to the board regarding any complaint or inspectionunder investigation.
2. For the purpose of enforcing the provisions of sections 324.1100to 324.1148, and in making investigations relating to any violationthereof, the board shall have the power to subpoena and bring before theboard any person in this state and require the production of any books,records, or papers which the board deems relevant to the inquiry. Theboard also may administer an oath to and take the testimony of any person,or cause such person's deposition to be taken, except that any applicant orlicensee or officer, director, partner, or associate thereof shall not beentitled to any fees or mileage. A subpoena issued under this sectionshall be governed by the Missouri rules of civil procedure and shall complywith any confidentiality standards or legal limitations imposed by privacyor open records acts, fair credit reporting acts, polygraph acts, driverprivacy protection acts, judicially recognized privileged communications,and the bill of rights of both the United States and MissouriConstitutions. Any person duly subpoenaed who fails to obey such subpoenawithout reasonable cause, or without such cause refuses to be examined orto answer any legal or pertinent question as to the character orqualification of such applicant or licensee or such applicant's allegedunlawful or deceptive practices or methods, shall be guilty of a class Amisdemeanor. The testimony of witnesses in any investigative proceedingshall be under oath.
(L. 2007 H.B. 780 merged with S.B. 308)