53-9-108 - Qualifications for licensure.
53-9-108. Qualifications for licensure.
(1) (a) An applicant for an agency license under this chapter shall be at least 21 years ofage, 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 an act involving illegally using, carrying, or possessing a dangerousweapon;
(iii) convicted of an act of personal violence or force on any person or convicted ofthreatening to commit an act of personal violence or force against another person;
(iv) convicted of an act constituting dishonesty or fraud;
(v) convicted of an 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 protectedrecords as provided in Section 63G-2-801.
(c) In assessing good moral character under Subsection (1)(b), the board shall considermitigating 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 shallbe in good standing within that state or jurisdiction.
(e) An applicant shall have completed a minimum of two years, or 2,000 hours, ofinvestigative experience that consists of actual work performed as a licensed private investigatorfor a private agency, or 2,000 hours of work performed in an investigative capacity for the federalgovernment, or for a state, county, or municipal government.
(f) (i) An applicant for an agency license shall substantiate investigative work experienceclaimed as years of qualifying experience and provide the exact details as to the character andnature of the experience on a form prescribed by the department and certified by the applicant'semployers.
(ii) If the applicant is unable to supply written certification from an employer in whole orin part, the applicant may offer written certification from persons other than an employercovering the same subject matter for consideration by the board.
(iii) The applicant shall prove completion of the required experience to the satisfaction ofthe board and the board may independently verify the certification offered on behalf of theapplicant.
(2) (a) (i) An applicant for a registrant license shall meet all qualification standards ofthis section, except Subsection (1)(d).
(ii) An applicant shall have a minimum of one year, or 1,000 hours, of investigativeexperience 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, as defined in Section 53-9-102, shall only work as an employeeof, or as an independent contractor with, an agency licensed in Utah and physically locatedwithin Utah, and may not:
(i) advertise the licensed registrant's services or conduct investigations for the generalpublic; 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 aregistrant license, shall meet all of the qualification standards in Subsection (1) exceptSubsection (1)(d), and shall complete an apprentice application.
(b) (i) An apprentice, as defined in Section 53-9-102, shall work under the directsupervision and guidance of an agency licensed in Utah and located within Utah, full-time forone year or for 1,000 hours, prior to acquiring eligibility for a registrant license.
(ii) A licensed apprentice shall only work under the direction of a licensed agency andmay not:
(A) advertise the licensed apprentice's services or conduct investigations for the generalpublic;
(B) employ other private investigators; or
(C) obtain information from the Utah State Tax Commission Motor Vehicle Division orDriver License Division within the Department of Public Safety, except the apprentice mayutilize this information for a legitimate business need and under the direct supervision of alicensed agency.
(4) (a) An applicant for an agency, registrant, or apprentice license may be eligible for alicense without meeting all or part of the investigative work experience required by this section ifthe 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 areasset forth in Subsection 53-9-102(17).
(b) The board shall determine whether or not training may replace the work experiencerequirement and to what extent.
Amended by Chapter 382, 2008 General Session