Chapter 4749: PRIVATE INVESTIGATORS; SECURITY SERVICES
As
used in this chapter:
(A) “Private investigator” means any person
who engages in the business of private investigation.
(B) “Business of private investigation”
means, except when performed by one excluded under division (H) of this
section exempt by law, the conducting, for hire, in person or
through a partner or employees, of any investigation relevant to any crime or
wrong done or threatened, or to obtain information on the identity, habits,
conduct, movements, whereabouts, affiliations, transactions, reputation,
credibility, or character of any person, or to locate and recover lost or
stolen property, or to determine the cause of or responsibility for any libel
or slander, or any fire, accident, or damage to property, or to secure evidence
for use in any legislative, administrative, or judicial investigation or
proceeding.
(C) “Security officer” means any person
who engages in the business of security services.
(D) “Business of security services”
means either of the following:
(1) Furnishing, for hire,
watchpersons, guards, private patrol officers, or other persons whose primary
duties are to protect persons or property;
Furnishing
for hire, watchpersons, security officers, guard dogs, armored motor vehicle
security services, private patrol officers, or other persons whose primary
duties are to protect persons or property from injury or harm or for any other
purposed including, but not limited to deterring, observing, detecting or
reporting incidents or activities for the purpose of preventing theft, the
unlawful taking, conversion, concealment or misappropriation of goods, wares,
merchandise, or any valuable instrument; or to deter, observe, detect or report
incidents and activities for the purpose of preventing any unauthorized access,
entry, violation of organizational rules or unlawful activity.
(E) “Class A license” means a license
issued under section 4749.03 of the Revised
Code that qualifies the person issued the license to engage in the business of
private investigation and the business of security services.
(F) “Class B license” means a license
issued under section 4749.03 of the Revised
Code that qualifies the person issued the license to engage only in the
business of private investigation.
(G) “Class C license” means a license
issued under section 4749.03 of the Revised
Code that qualifies the person issued the license to engage only in the
business of security services.
(IH)
“Employee” means every person who may be required or directed by any employer,
in consideration of direct or indirect gain or profit, to engage in any
employment, or to go, or work, or be at any time in any place of employment,
provided that the employer of the employee deducts all applicable state and
federal employment taxes on behalf of the employee.
(HI)
“Private investigator,” “business of private investigation,” “security officer
provider,” and “business of security services” do not include:
(1) Public officers and employees whose
official duties require them to engage in investigatory activities of
the United States, this state, any state or any of its political subdivisions
when in the performance of their official duties;
(2) Attorneys at law or any expert
hired by an attorney at law for consultation or litigation purposes; Persons
and their employees holding a professional license certification or
registration under Title XLVII of the Revised Code, when such persons are
providing services pursuant to the authority granted to that profession by law.
(3) Certified public adjusters that hold a certificate of
authority issued pursuant to Chapter 3951 of the Revised Code, while the
adjuster is investigating the cause of or responsibility for a fire, accident,
or other damage to property with respect to a claim or claims for loss or
damage under a policy of insurance covering real or personal property.
(4) A consumer reporting agency, as
defined in the “Fair Credit Reporting Act,” 84 Stat. 1128, 15 U.S.C.A. 1681a,
as amended, provided that the consumer reporting agency is in compliance with
the requirements of that act and that the agency’s activities are confined to
any of the following:
(a) The issuance of consumer credit reports;
(b) The conducting of limited
background investigations that pertain only to a client’s prospective tenant
and that are engaged in with the prior written consent of the prospective
tenant;
(c) The business of pre-employment
background investigation. As used in division (I)(4)(c) of this section,
“business of pre-employment background investigation” means, and is limited to,
furnishing for hire, in person or through a partner or employees, the
conducting of limited background investigations, in-person interviews,
telephone interviews, or written inquiries that pertain only to a client’s prospective
employee and the employee’s employment and that are engaged in with the prior
written consent of the prospective employee.
(4) Any local, state or federal law
enforcement officer or commissioned peace officer engaged in his or her
official duties, including mutual aid as defined in chapter 2744 of the Ohio
Revised Code.
(65)
Attorneys at law or any expert retained by an attorney at law for consultation
or litigation purposes and who qualifies as an expert under the Federal Rules
of Evidence or the Ohio Rules of Evidence.
(76)
Personnel placement services and persons who act as employees of such entities
engaged in investigating matters related to personnel placement activities;
(7) An employee in the regular course
of the employee’s employment, engaged in investigating matters pertinent to the
business of the employee’s employer or protecting property in the possession
of the employee’s employer and/or business invitees or tenants or
property in the possession of the employee’s employer, provided the
employer is deducting all applicable state and federal employment taxes on
behalf of the employee and neither the employer nor the employee is employed
by, associated with, or acting for or on behalf of any private investigator or security
officer provider;
(78)
Any better business bureau or similar organization or any of its employees
while engaged in the maintenance of the quality of business activities relating
to consumer sales and services;
(89)
Persons engaged solely in the remote monitoring of audio, video and other
event/alarm signals and then dispatching public safety or security personnel.
(10) Any person who, for hire or
otherwise, conducts genealogical research in this state. As used in division (I)(10)
of this section, “genealogical research” means the determination of the origins
and descent of families, including the identification of individuals, their
family relationships, and the biographical details of their lives.
“Genealogical research” does not include furnishing for hire services for
locating missing persons or natural or birth parents or children.
(11) Any person residing in this state
who conducts research for the purpose of locating the last known owner of
unclaimed funds, provided that the person is in compliance with Chapter 169. of
the Revised Code and rules adopted thereunder. The exemption set forth in
division (I)(11) of this section applies only to the extent that the person is
conducting research for the purpose of locating the last known owner of
unclaimed funds. As used in division (H)(10) of this section, “owner” and
“unclaimed funds” have the same meanings as in section 169.01 of the Revised Code.
(132)
Any person residing in this state who, for hire or otherwise, conducts research
for the purpose of locating persons to whom the state of Ohio owes money in the
form of warrants, as defined in division (S) of section 131.01 of the Revised Code, that the state voided but subsequently
reissues.
(13) An
independent insurance adjuster who, as an individual, an independent
contractor, an employee of an independent contractor, adjustment bureau association,
corporation, insurer, partnership, local recording agent, managing general
agent, or self-insurer, engages in the business of independent insurance
adjustment, or any person who supervises the handling of claims except while
acting as an employee of an insurer licensed in this state while handling
claims pertaining to specific policies written by that insurer. As used in
division (I)(13) of this section, “independent insurance adjustment” means
conducting investigations to determine the cause of or circumstances concerning
a fire, accident, bodily injury, or damage to real or personal property;
determining the extent of damage of that fire, accident, injury, or property
damage; securing evidence for use in a legislative, administrative, or judicial
investigation or proceeding, adjusting losses; and adjusting or settling
claims, including the investigation, adjustment, denial, establishment of
damages, negotiation, settlement, or payment of claims in connection with
insurance contractors, self-insured programs, or other similar insurance
programs. “Independent adjuster” does not include either of the following:
(a) An attorney who adjusts insurance
losses incidental to the practice of law and who does not advertise or
represent that the attorney is an independent insurance adjuster;
(b) A licensed agent or general agent
of an insurer licensed in this state who processes undisputed or uncontested
losses for insurers under policies issued by that agent or general agent.
J.
“Persons”
includes individuals, firms, partnerships, associations, joint stock companies,
corporations, and any combinations of individuals.
K.
“Qualifying
agent” means the persons designated on an application for licensure under
section 4749.03 of the Revised Code who meet certain minimum requirements for
licensure are responsible for ensuring the licensees compliance with the
provisions of this Chapter and its accompanying rules.
L.
“Registrant”
means a qualifying agent or any person registered in accordance section 4749.06
of the Revised Code as a private investigator, security officer, or both.
M.
“Security
provider”, “security officer provider”, “private investigator provider”, and
“private investigator” mean any business licensed under this chapter to engage
in the business of private investigation, security services, or both.
Effective Date: 03-24-2003
Effective Date: 09-26-1996
The director of public safety shall
administer this chapter, and for that purpose, may appoint employees and adopt
rules that the director considers necessary. The director shall implement
electronic licensing and registration procedures under this chapter not later
than December 31, 2006. The application procedures in effect on the effective
date of this amendment shall continue until such time as electronic licensing
and registration procedures are implemented.
Effective Date: 06-30-1997; 07-01-2004;
03-29-2005
(A) There is hereby created the Ohio
private investigation and security services commission, consisting of the director
of public safety or the director’s designee, who shall be a nonvoting member;
the superintendent of the highway patrol or the superintendent’s designee, who
shall be a voting member; and twelve members appointed by the governor with the
advice and consent of the senate, as follows:
(1) Three members shall be owners or
operators of a business that maintains a class A license and shall have at
least five years’ experience in this state in the business of private
investigation or security services.
(2) One member shall be an owner or
operator of a business that maintains a class B license and shall have at least
five years’ experience in this state in the business of private investigation
or security services.
(3) One member shall be an owner or
operator of a business that maintains a class C license and shall have at least
five years’ experience in this state in the business of private investigation
or security services.
(4) Two members shall be owners or
operators of a business that maintains a class A, B, or C license and shall
have at least five years’ experience in this state in the business of private
investigation or security services.
(5) One member shall be an incumbent
chief of police.
(6) One member shall be an active law
enforcement officer, not above the rank of lieutenant.
(7) One member shall be an incumbent
sheriff.
(8) Two members who shall be
representatives of the general public who have never had a direct employment
relationship with any class A, B, or C licensee and neither of whom may be
retired from a law enforcement agency or have been employed by a licensee in
the past five years. Commission Comment -
Grandfather existing members with uncodified law.
(B)(1) The governor shall make initial
appointments to the commission. by January 1, 2005, and the commission shall
hold its first meeting, at the call of the director of public safety, in
January 2005. Of the initial appointments made to the commission, three shall
be for a term ending December 31, 2005, three shall be for a term ending
December 31, 2006, three shall be for a term ending December 31, 2007, and
three shall be for a term ending December 31, 2008. Thereafter, Terms of
office shall be for five years, with each term ending on the same day of the
same month as did the term that it succeeds. Each member shall hold office from
the date of appointment until the end of the term for which the member was
appointed. Members may be reappointed, but may serve not more than two complete
consecutive five-year terms. Vacancies shall be filled in the manner provided
for original appointments. Any member appointed to fill a vacancy occurring
before the expiration date of the term for which the member’s predecessor was
appointed shall hold office as a member for the remainder of that term. A
member shall continue in office subsequent to the expiration of the member’s
term until the member’s successor takes office or until a period of sixty
days has elapsed, whichever occurs first. The governor, after notice and
the opportunity for a hearing, may remove any appointed member for misfeasance,
malfeasance, or nonfeasance.
(2) Ninety days before the expiration
of a member’s term, or in the event of a vacancy, the Ohio association of
security and investigation services, and other interested parties, may
submit names to the governor for consideration of appointment to the
commission.
(C) The commission shall advise the
director of public safety on all matters related to the regulation of private
investigation and the business of security services and on all matters related
to this chapter. The commission shall advise the director on the format,
content, and all other aspects of all private investigation and security
services licensure and registration examinations.
(D) In accordance with Chapter 119. of
the Revised Code, the department may establish rules on behalf of the
commission.
(E) The commission shall meet not less
than four times each year. It also shall meet upon the call of the chairperson,
upon the request of five members, or at the request of the director of public
safety or the director’s designee.
(F) At the first regular meeting of
each year, which shall be called by the chairperson, the members shall elect a
chairperson and a vice-chairperson by a majority vote, and also shall establish
its meeting schedule for the remainder of the year. The chairperson and
vice-chairperson shall serve until their successors are elected. No member may
serve as chairperson more than three times during a five-year term. The
chairperson shall preside over the commission’s meetings, shall set the meeting
agenda, and shall serve as the commission’s chief spokesperson and liaison to
the department of public safety. The chairperson or vice-chairperson shall
approve all vouchers of the commission. Subject to the commission’s approval,
the chairperson may appoint committees to assist the commission. Committee
members may be members of the commission. The vice-chairperson shall exercise
the duties of the chairperson when the chairperson is not available.
(G) A quorum of at least one more
than half of the currently serving members is necessary for a meeting to
convene or continue. seven
appointed members is necessary for a meeting to convene or continue.
All actions of the commission shall be by a majority of the voting
members present. Members may not participate or vote by proxy. In accordance
with Chapter 121. of the Revised Code, at least fourteen days before a regular
meeting and twenty-four hours before a special meeting, the chairperson shall
notify all members of the commission in writing of the agenda. Upon a timely
request, any member of the commission may have an item added to the
commission’s agenda.
(H) Each member of the commission shall
receive the member’s necessary expenses incurred in the performance of official
duties, including travel, hotel, and other necessary expenses. Members of any
special committee, which may be appointed by the commission to assist it, who
are not members of the commission also, may receive necessary expenses.
(I) The department of public safety
shall provide the commission with suitable office and meeting space and
necessary technical, clerical, and administrative support. The department shall
serve as the official repository of the commission’s records. Expenses of the
commission shall be paid from the private investigator and security officer
provider fund created in section 4749.07 of the Revised Code.
(J) In the absence of fraud or bad
faith, the commission, a current or former commission member, or an agent,
representative, or employee of the commission is not liable in damages to any
person because of any act, omission, proceeding, or decision related to
official duties.
(A)(1) Any person, may apply to be licensed to engage in the business
of private investigation under a class B license, or to engage in the business
of security services under a class C license, or to engage in the business of private
investigation and security services under a class A license, by submitting an
application on a form prescribed by the director of public safety for that
purpose. In addition to any other
information required by the director, the application shall include the
following:
a.
The name, address, date and place of birth,
citizenship of each person having a legal or beneficial interest in the
ownership of the business and each person that will act as a qualifying agent
for the business. If any person is a
corporation or limited liability company, the applicant shall list the names of
each officer of the company; and the names of the managing members of the
company or the managers of the company, if the management of the company is not
reserved to its members; the names of each person owning or controlling five
per cent or more of the capital stock of the corporation; and the names of each
person owning or controlling five per cent or more of either the voting interests
or membership interests in the limited liability company. If any person is a partnership or
association, the applicant shall list the names of each partner or member of
the association;
b.
The address of each of the applicant’s place of
business in this state
c.
A brief physical description of each of the
persons specified in the application as a qualifying agent;
d.
Any other information the director may require,
as set forth in rules adopted pursuant to Chapter 119 of the Revised Code.
(2)The application described in this division shall be accompanied by
all of the following:
(a) One recent full-face photograph of each of the persons specified
in the application as a qualifying agent;
(b) References from at least five reputable citizens for each of the persons specified in the application as a
qualifying agent, each of whom has known the
person for at least five years preceding the application, and none of
whom are connected with the person by blood or marriage;
(c) Verification that depending on the class of license applied for,
that each of the persons specified in the application as a qualifying agent has
for a continuous two year period, been engaged in the business of private
investigation, the business of security services, or both; or has been engaged
in investigatory or security services work for a law enforcement or other
public agency; or has engaged in the practice of law; or has acquired
equivalent experience as determined by rule of the director of public safety. Such rule shall include provisions regarding
the use of a college degree in lieu of one of the two years of required
experience.
(d) An examination fee of twenty-five dollars for each person
specified in the application as a qualifying agent.
(e) A license fee in the amount the director determines, not to
exceed six hundred and fifty dollars.
All but one hundred dollars of the license fee shall be refunded, if a license
is not issued.
(f) Evidence of comprehensive
general liability insurance coverage, or other equivalent guarantee approved by
the director in such form and in principal amounts satisfactory to the
director, but not less than one hundred thousand dollars for each person and
three hundred thousand dollars for each occurrence for bodily injury liability,
and one hundred thousand dollars for property damage liability.
(3)If the director determines that the applicant meets the
requirements of divisions (A) and (B) of this section, the director shall
notify the applicant that the applicant qualifies to take the examination
required by 4749.061 of the revised code and the time and place for the
examination. The director may waive the examination requirement, but not the
examination fee specified in (d) of this section, of any person who is
currently a qualifying agent for another
class A, B, C licensee in this state or a person licensed as private
investigator provider, security provider, or both in another state.
4(a) Each person specified in the application as a qualifying agent
shall submit one complete set of fingerprints directly to the superintendent of
the bureau of criminal identification and investigation for the purpose of
conducting a criminal records check. The individual shall provide the
fingerprints using a method the superintendent prescribes pursuant to division
(C)(2) of section 109.572 of the Revised Code and fill out the form the
superintendent prescribes pursuant to division (C)(1) of section 109.572 of the
Revised Code. An qualifying agent who intends to carry a firearm as defined in
section 2923.11 of the Revised Code in the course of business or employment
shall so notify the superintendent. This notification is in addition to any
other requirement related to carrying a firearm that applies to the qualifying
agent. The person requesting the criminal records check shall pay the fee the
superintendent prescribes.
(b) The superintendent shall conduct the criminal records check as set
forth in division (B) of section 109.572 of the Revised Code. If an applicant
intends to carry a firearm in the course of business or employment, the
superintendent shall make a request to the federal bureau of investigation for
any information and review the information the bureau provides pursuant to
division (B)(2) of section 109.572 of the Revised Code. The superintendent
shall submit all results of the completed investigation to the director of
public safety.
(c) If the bureau assesses the director a fee for any investigation,
the director, in addition to any other fee assessed pursuant to this chapter,
may assess the applicant a fee that is equal to the fee assessed by the bureau.
(5) Each person listed in division (A)(1)(a) of this section shall
submit an affidavit , on a form prescribed by the director stating whether the
person:
a.
Has previously applied for a class A, B, or C
license or registration and the result of the application,
b.
Has ever been the holder of any such license or
registration that was revoked or suspended,
c.
Has been convicted of, plead guilty, or plead no
contest in a criminal action,
d.
Is currently or has ever previously held a
license or registration to engage in the business of private investigation,
security services, or both in another state or foreign jurisdiction, and if so
the name of the state or foreign jurisdiction, and the status of the license or
registration.
B. (1)The director of public safety shall deny a license application
and refund all but one hundred dollars of the application fee, under this
section if the director finds:
(a) The
applicant does not have a good reputation for integrity. In the determining
whether the applicant has a good reputation for integrity the director may
consider, but is not limited to, whether any of the persons listed on an
application in accordance with division (A)(1)(a) of this section:
1) Has ever
been convicted of any crime of moral turpitude as that term is defined in
section 4776.10 of the Revised Code;
2) Has ever
been convicted of a disqualifying offense as that term is defined in 4776.10 of
the Revised Code within the last three years
3) Has been
subject to discipline within five years of making application for violations of
Chapter 4749 of the Revised Code or its accompanying rules or a violation of
any former or existing law of another
state that is or was substantially equivalent to any of the violations set
forth in this Chapter.
4) Has
voluntarily surrendered a license issued in accordance with this Chapter 4749
of the Revised Code within five years of making application or voluntarily
surrendered a substantially equivalent license issued under former or existing
laws of another state;
5) Has had a
license issued in accordance with this Chapter previous revoked or suspended or
has had a substantially equivalent license issued under former or existing law
of another state revoked or suspended.
(b) That any
person specified as a qualifying agent on the application has
1) been
convicted of any crime of moral
turpitude as that term is defined in section 4776.10 of the Revised Code
2) been
convicted of a disqualifying offense as that term is defined in 4776.10 of the
Revised Code within the last three years,
3) been
adjudicated incompetent for the purpose of holding the license, as provided in
section 5122.301 of the Revised Code, without having been restored to legal
capacity for that purpose.
4) failed to
pass the examination required by section 4749.061 of the Revised Code
(c) The person
has failed to submit all documentation required by division (A) of this
section.
(2) Subject to divisions (B)(3), (C), and (D) of this
section, the director shall not adopt, maintain, renew, or enforce any rule, or
otherwise preclude in any way, a person from receiving or renewing a license
under this chapter due to any past criminal activity or interpretation of moral
character, except as pursuant to division (B)(1)(a) and (b) of this section. If
the director denies a person a license or license renewal, the reasons for such
denial shall be put in writing.
(3) Except as otherwise provided in this division, if a qualifying agent
for an applicant has been convicted of or pleaded guilty to a misdemeanor that
is not a crime of moral turpitude or a disqualifying offense less than one year
prior to making the application, the director may use the director's discretion
in granting or denying the applicant a license. Except as otherwise provided in
this division, if a qualifying applicant for a license has been convicted of or
pleaded guilty to a felony that is not a crime of moral turpitude or a
disqualifying offense less than three years prior to making the application,
the director may use the director's discretion in granting or denying the
applicant a license. The provisions in this paragraph do not apply with respect
to any offense unless the director, prior to September twenty-eighth, 2012, was
required or authorized to deny the application based on that offense.
(C) If the director finds that
the applicant meets the requirements of this section, the director shall issue
the applicant a class A, B, or C license. The license shall state the
licensee’s name, the classification of the license, the location of the
licensee’s principal place of business in this state, the expiration date of
the license, and the names of the qualifying agents. The director also shall issue a registration
card to each qualifying agent. The
registration card issued in accordance with this division shall be the same
registration card issued in accordance with section 4749.06 of the Revised
Code, except that the registration card shall specify that the individual is a
qualifying agent.
The director
may grant an individual a conditional license that lasts for one year. After
the one-year period has expired, the license is no longer considered
conditional, and the individual shall be considered fully licensed.
(D) All licenses issued on or after the effective date of this section
expire on the first day of March the second year following the date issued, and
on the first day of March biennially thereafter. An application for renewal and
payment of a renewal fee the director determines, not to exceed five hundred
and fifty dollars shall be submitted to the director prior to March 1 of the
year in which the license expires.
Licenses issued prior to the effective date of this section with a
business name starting with the letters A through L shall expire on March 1 in
the year indicated on the license, such license may be renewed for one year if
all other requirements of this section are met and with payment of a renewal
fee the director determines, not to exceed two hundred and seventy-five
dollars, renewals shall occur biennially thereafter by meeting the requirements
of this section and payment of a fee not to exceed five hundred and fifty
dollars.
Licenses issued prior to the effective date of this section with a
business name starting with the letters M through L shall expire on March 1 in
the year indicated on the license, such license may be renewed biennially if
all other requirements of this section are met and with payment of a renewal
fee the director determines not to exceed five hundred and fifty dollars.
Applications for renewal and
the accompanying fee must be submitted to the department of public safety prior
to March first in the year the license expires.
Applications for license renewal and the accompanying fee submitted on
or after March first but prior to April first in the year the license expires
shall be accepted by the department if accompanied by the payment of a late fee
of one hundred and fifty dollars, in addition to the renewal fee prescribed in
this section. If an application for
renewal is not submitted or is submitted on or after April first in the year it
expires, the licensee will be required to submit an application for a new
license in accordance with the provisions of this section. A business who does not submit an application
for renewal before April first in the year it expires is prohibited from
engaging in the business of private investigation, security officer services,
or both and is subject to sanctions for operating an unlicensed business.
No license
shall be renewed if the licensee no longer meets the applicable requirements of
this section. No license shall be renewed unless the licensee provides evidence
of insurance coverage, certificate of good standing from the Ohio secretary of
state, and, if applicable, a full force and effect certificate from the Ohio
secretary of state. No
license shall be renewed unless the licensee provides evidence of workers'
compensation risk coverage and unemployment compensation insurance coverage,
other than for clerical employees and excepting sole proprietors who are
exempted therefrom, as provided for in Chapters 4123. and 4141. of the Revised
Code, respectively, as well as the licensee's state tax identification number. No reexamination shall be required for
renewal of a current license. For
purposes of this division, “sole proprietor” means an individual licensed under
this chapter who does not employ any other individual.
In considering a renewal of an individual's license, the director shall
not consider any conviction or plea of guilty prior to the initial licensing.
However, the director may consider a conviction or plea of guilty if it
occurred after the individual was initially licensed, or after the most recent
license renewal.
(E) The director may issue a duplicate copy of a license issued under
this section for the purpose of replacement of a lost, spoiled, or destroyed
license, upon payment of a fee the director determines, not exceeding
twenty-five dollars.
(F)(1) A qualifying agent may qualify more than one business for
licensure, provided that the qualifying agent is actively engaged in each
business.
(3) Upon written notification to the director, completion of an
application similar to that for original licensure, surrender of the legal
entity’s current license, and payment of a twenty-five dollar fee, a legal
entity’s class A, B, or C license may be transferred to another legal entity.
(G) If a business is for any reason no longer associated with an
individual who qualified it for licensure under this chapter, a representative
of the business shall notify the director by certified mail, return receipt
requested, within ten days after the association terminates. If notification is
so given, and the person was the only person that qualified the business for
licensure, and the business submits the name of another person to qualify the business
for the license within thirty days after the association terminates, the business
may continue to operate in the business of private investigation, the business
of security services, or both businesses in this state under that license for
ninety days after the association terminates. If the person whose name is
submitted satisfies the requirements of divisions (A)(1) and (F)(1) of this
section, the director shall issue a new license to the business within
ninety-days after receiving the application. The names of more than one individual
may be submitted.
(A) The department of public safety
shall be a participating public office for purposes of the retained applicant
fingerprint database established under section 109.5721 of the Revised Code.
The department shall elect to participate in the continuous record monitoring
service for all persons licensed or registered under this chapter. When the
superintendent of the bureau of criminal identification and investigation,
under section 109.57 of the Revised Code, indicates that an individual in the
retained applicant fingerprint database has been arrested for, convicted of, or
pleaded guilty to any offense, the superintendent promptly shall notify the
department either electronically or by mail that additional arrest or
conviction information is available.
(B) In addition to any other fees charged
by the department under this chapter, an applicant for a license under section
4749.03 of the Revised Code or registration under section
4749.06 of the Revised Code, at the time of making an initial or renewal
application, shall pay any initial or annual fee charged by the superintendent
pursuant to rules adopted under division (F) of section 109.5721 of the Revised
Code.
Added by 129th General Assembly File
No. 7, HB 114, § 101.01, eff. 6/29/2011.
(A) The director of public safety may revoke,
suspend, or refuse to renew, when a renewal form has been submitted, the
license of any private investigator or security officer provider, or the
registration of any employee of a private investigator or security officer
provider, for any of the following: take any actions specified in
division (E) of this section against a person who has applied for or holds a
Class A, B, or C license or registration card. Actions taken against a person
shall be taken in accordance with Chapter 119. of the Revised Code.,
except as provided in section 4749.041 of this Chapter.
1)
Any violation of
this chapter or the rules adopted pursuant to this chapter or allowing another
to violate this chapter or the rules adopted pursuant to this chapter;
2)
Conviction of
any crime of moral turpitude as defined in 4776.10 of the Revised Code where
the convicted party is a registrant, licensee, qualifying agent, or any other
person listed on the license application in accordance with section 4749.03
(A)(1)(a) of Revised Code;
3)
A conviction of
a disqualifying offense within the last three years as defined in 4776.10 of
the Revised Code, where the convicted party is a registrant, licensee,
qualifying agent, or any other person listed on the license application in
accordance with section 4749.03(A)(1)(a) of the Revised Code;
4)
Knowingly making
a false report with respect to any matter with which the licensee or registrant
is employed; or knowingly falsifing any business records;
5)
Testifying
falsely under oath, or suborning perjury, in any judicial proceeding
6)
Divulging any
information acquired from or for a client to persons other than the client or
the client’s authorized agent without express authorization to do so or unless
required by law;
7) Knowingly accept employment which includes obtaining
information intended for illegal purposes.
(C) 1. The director of public safety may
suspend a Class A, B, or C license if the licensee or any of the persons listed
on a license application in accordance with section 4749.03 (A)(1)(a) of the
Revised Code are criminally charged, or indicted, pending the outcome of such a
case where the underlying criminal charges demonstrated behavior that
undermines public safety.
2. The director of public safety may suspend
a class A, B, or C license upon the filing of a civil action against the
licensee, or any of the persons listed on a license application in accordance
with section 4749.03 (A)(1)(a) of the Revised Code for actions that a occurred
while engaging in the business of private investigation, security services, or
both.
3. The director of public safety may
suspend the registration of a person who is criminally charged, or indicted,
pending the outcome of such case, where the underlying criminal charges undermines
public safety.
4. The director of public safety may
suspend a registration upon the filing of a civil action against the registrant
for actions taken while in engaging in the business of private investigation,
security services, or both.
(E) In its imposition of sanctions
against a licensee or registrant, the director may do any of the following:
1)
Refuse to issue,
renew, restore, or reinstate a license or registration;
2)
Reprimand or
censure a licensee or registrant holder in writing;
3)
Place limits,
restrictions, or probationary conditions on a license holder’s operations;
4)
Impose a civil
fine of not more than one hundred dollars for each day of violation, but no
civil penalty shall exceed twenty-five thousand dollars in the aggregate;
5)
Suspend a license
or registration;
6)
Revoke a license
or registration;
7)
Permanently
revoke a license or registration
(F)
This chapter does not require the director to act on minor paperwork violations
of this chapter or the rules adopted under it, if the violations are committed
by persons licensed under this chapter and the director determines that the
public interest is adequately served by issuing a notice or warning to the
alleged offender.
(FG)
Nothing in this section shall be construed as to prohibit the director from
taking action against both a licensee and registrant for actions taken by a
registrant.
(H) The director of public safety may
impose any of the sanctions listed in division (E) of this section against a
person proctoring the examination required by section
4749.061 of the Revised Code or a licensee for the following reasons:
1) Providing examination answers to the examinee
2) Allowing another person to sit in place of the
registrant applicant for the examination
3) Undermining the integrity of the prescribed
examination through the proctor’s act or failure to act
(I) The director shall adopt a rule
in accordance with this Chapter to provide guidelines for proposed disciplinary
sanctions on licensees for violations of this Chapter.
4749.041 Summary Suspensions
(A) If the director of public safety
determines that there is clear and convincing evidence that a private
investigator or security provider, or both, or a registrant presents a danger
of immediate and serious harm to the public, the director may suspend the
person’s license or registration without a prior hearing.
If the director suspends a license or a
registration, or both, the director shall issue a written order of suspension
and cause it to be delivered in accordance with 119.07 of the Revised
Code. Such order shall inform the person
subject to the suspension or the reason for suspension and of the person’s
right to request an adjudication hearing within fifteen days of the date of
mailing the notice. If the person subject
to the suspension requests an adjudication hearing, such hearing shall be held
in compliance with the provisions of 119.06 through 119.12 of the Revised
Code. The agency shall immediately set
the date, time, and place for the hearing and forthwith notify the party thereof. The date set for the hearing shall be within
fifteen days, but not earlier than seven days, after the party has requested a
hearing, unless otherwise agreed to by both and the agency and the party.
The summary suspension shall remain in
effect, unless reversed by the director, until a final adjudication order
issued by the director pursuant to this section and Chapter 119 of the Revised
Code becomes effective. The order shall
not be subject to suspension by any court while an appeal filed under section
119.12 of the Revised Code is pending.
The director shall issue a final
adjudication order not later than sixty days after completion of the
adjudication. If the director does not
issue a final order within a sixty-day period, the summary suspension shall be
void, but any final adjudication order issued subsequent to the sixty-day
period shall not be affected.
(A) Each class A, B, or C licensee
shall report the location of branch offices to the department of public safety and to the sheriff of the county and the police
chief of any municipal corporation in which the office is located, and
shall post a branch office license conspicuously in that office. Application
for a branch office license shall be made on a form prescribed by the director
of public safety, and a license shall be issued upon receipt of the form and
payment of a fee fixed by the director, not exceeding one hundred dollars. If a
licensee moves an office, the licensee shall notify, in writing, the department
of public safety and any affected sheriff and chief of police within
forty-eight hours of the change. This division does not apply to a licensed
private investigator who is engaging in the business of private investigation
as a registered employee registrant of a licensed private investigator.
(A)
Each class A, B,
or C licensee shall register the licensee’s investigator or security officer
employees, with the department of public safety, which shall maintain a record
of each licensee and registered employee and make it available, upon request,
to any law enforcement agency. The class A, B, or C licensee shall file an
application to register a new employee no sooner than three days nor later than
seven calendar days after the date on which the employee is hired. Any person, who
is eighteen years of age or older on the date of making application, may apply
to the director of public safety for a class B private investigator
registration, class C security officer registration, or a Class A private
investigator and security officer registration. A registration application
shall be made on a form approved by the director and shall include:
1)
The applicant’s
name, address, date and place of birth, citizenship, and one recent photograph
of the applicant;
2)
A brief physical
description of the applicant;
3)
Documentation
that the applicant has successfully passed the private investigator and security officer examination in accordance
with the provisions of section 4749.061 of the Revised Code;
4)
The registration
fee the director determines, not to exceed eighty dollars for a two year
registration;
5)
Any other
information the director may require, as set forth in rules adopted pursuant to
Chapter 119 of the Revised Code.
(B)(1) Each employee’s registration
application shall be accompanied by one recent photograph of the employee, the
employee’s physical description, and the registration fee the director
determines, not to exceed forty dollars.
(2) In addition to the
application required in (A) of this section, The employee the
applicant shall submit one complete set of fingerprints directly to the
superintendent of the bureau of criminal identification and investigation for
the purpose of conducting a criminal records check. The employee shall provide
the fingerprints using a method the superintendent prescribes pursuant to
division (C)(2) of section 109.572 of the Revised Code and fill out complete
the form the superintendent prescribes pursuant to division (C)(1) of section
109.572 of the Revised Code. An employee who intends to carry a firearm as
defined in section 2923.11 of the Revised Code in the course of his or her
business or employment shall so notify the superintendent. This notification is
in addition to any other requirement related to carrying a firearm that
applies to the employee meeting the requirements set forth in section
4749.10 of the Revised Code for carrying a firearm. The individual or
corporation requesting the criminal records check shall pay the fee the
superintendent prescribes.
The superintendent shall conduct the
criminal records check as set forth in division (B) of section 109.572 of the
Revised Code. If an employee intends to carry a firearm in the course of
business or employment, pursuant to division (B)(2) of section 109.572 of the
Revised Code the superintendent shall make a request of the federal bureau of
investigation for any information and review the information the bureau provides.
The superintendent shall submit all results of the completed investigation to
the director of public safety.
(3C) If, after investigation, the
bureau the director shall issue a private investigator, security officer,
or private investigator and security officer registration card if the director
finds that the employee applicant:
1. has not been convicted of a disqualifying offense as defined
in section 4776.10 of the Revised Code within the last three years,
2. has not been convicted of any crime of moral turpitude as
that term is defined in section4776.10 of the Revised Code,
3. has a good reputation of integrity. In determining whether
the applicant has a good reputation of integrity, the director may consider,
but is not limited to whether the applicant:
1) Has been
subject to discipline within five years of making application for violations of
Chapter 4749 of the Revised Code or its accompanying rules or a violation of
any former or existing law of another
state that is or was substantially equivalent to any of the violations set
forth in this Chapter.
2) Has
voluntarily surrendered a license or registration issued in accordance with
this Chapter 4749 of the Revised Code within five years of making application
or voluntarily surrendered a substantially equivalent license or registration issued
under former or existing laws of another state;
3) Has had a
license or registration issued in accordance with this Chapter previous revoked
or suspended or has had a substantially equivalent license or registration
issued under former or existing law of another state revoked or suspended.
4. the applicant has submitted a completed application in accordance
with (A) of this section.
The director
shall issue to the employee applicant an identification a
registration card bearing the license number and signature of the
licensee, which in the case of a corporation shall be the signature of its
president or its qualifying agent, and containing the employee’s name, address,
age, physical description, and right thumb print or the registrant’s
name, signature, and a recent photograph and any other identifying mark as
the director prescribes by rule, a recent photograph of the employee,
and the employee’s signature. The director may issue a duplicate of a lost,
spoliated spoiled, or destroyed identification registration
card issued under this section, upon payment of a fee fixed by the director,
not exceeding five dollars. A
registration card issued by the director in accordance with this section,
authorizes the registrant to provide private investigator services, security
services, or both anywhere in this state, only if the registrant is employed by
a private investigator, security services provider, or both that is licensed in
accordance with section 4749.03 of the Revised Code. The registration card issued by the
department must be carried by the registrant at all times while on duty.
Any
registrant holding a valid registration card may change the registrant’s
registration class by submitting a change of classification request on a form
prescribed by the director of public safety and payment of a five dollar
fee. Upon receiving a change of
classification request and the accompanying fee the director shall issue a new
registration card.
(CD)(1) Except as
provided in division (D)(2) and (EG)
of this section, no class A, B, or C licensee shall permit a registrant, and
no registrant shall an employee and no employee shall , other
than an individual who qualified a corporation for licensure, to engage in
the business of private investigation, the business of security services, or
both businesses until the employee person receives an
identification a registration card from the department.
(D)(2), except that A licensee may offer for hire
unarmed security or investigator employees prior to receiving a registration
card from the department for no more than ninety days, if the employee has
submitted an application for registration to the department which is pending
approval from the director of public safety.
pending the issuance of an identification a registration card, a
class A, B, or C licensee may offer for hire unarmed security officer or
investigator employees provided the licensee obtains an waiver from the
person who receives, for hire, security officer or investigative services,
acknowledging that the person is aware the employees have not completed their
registration and agreeing to their employment While engaged in the
duties of a registrant, upon the demand of any law enforcement officer who
identifies him or herself, an employee of the department of public safety, or
the client of the licensee, the registrant shall display his or her
registration card or receipt of application to that officer or client.
(DE) If a No class
A, B, or C licensee, or a registered employee registrant of a
class A, B, or C licensee, intends to shall carry a firearm, as
defined in section 2923.11 of the Revised Code, in the course of engaging in
the business or employment, the licensee or registered employee shall
satisfactorily complete a firearms basic training program that includes twenty
hours of handgun training and five hours of training in the use of other
firearms, if any other firearm is to be used, or equivalency training, if
authorized, or shall be a former peace officer who previously had successfully
completed a firearms training course, shall receive a certificate of
satisfactory completion of that program or written evidence of approval of the
equivalency training, shall file an application for registration, shall receive
a firearm-bearer notation on the licensee’s or registered employee’s
identification card, and shall annually requalify on a firearms range, all as
described in division (A) of private investigation, the business of
security services, or both business until the registrant has obtained a
firearm-bearer authorization card in accordance with section 4749.10 of the
Revised Code. A private investigator, security officer provider, or employee
is authorized to carry a firearm only in accordance with that division.
(EF) The registration
requirements set forth in Tthis section does not apply
to commissioned, peace officers, as defined in division (B) of section 2935.01
of the Revised Code, working for, either as an employee or
independent contractor, for a class A, B, or C licensee. For purposes of
this chapter, a commissioned peace officer is an employee exempt from
registration.
(FG)
Registration cards issued prior to the effective date of this section
shall expire on the date listed on their current registration card. Upon
renewal the director shall issue registrants with a last name starting with the
letters A through L a registration card valid for one year if all other
requirements of this section are met and with payment of a renewal fee the
director determines, not to exceed thirty dollars. Renewals shall occur
biennially thereafter by meeting the requirements of this section and payment
of a fee not to exceed eighty dollars.
Registrations cards issued prior to the effective date of this section
shall expire on the date listed on their current registration card. Upon
renewal the director shall issue registrants with a last name starting with the
letters M through Z a registration card valid for two years if all other
requirements of this section are met and with payment of a renewal fee the
director determines, not to exceed eighty dollars. Renewals shall occur biennially thereafter by
meeting the requirements of this section and payment of a fee not to exceed eighty
dollars.
Renewals shall be made by submitting an application for renewal on a
form prescribed by the director, on or before the registrant’s expiration date.
The application for renewal shall be accompanied by a renewal fee determined by
the director, but not to exceed eighty dollars.
Renewal applications submitted within thirty days after an applicant’s
registration expires shall be accompanied by the payment of a late fee of twenty dollars, in addition to the renewal
application and fee prescribed in this section.
If a renewal application is not submitted or is submitted more than
thirty days after the registration expires, the registrant will be required to
submit an application for a new registration in accordance with the provisions
of this section and is prohibited from providing private investigation, security
officer services, or both and is subject to sanctions.
The director shall not renew the registration of a person
who no longer meets the requirements of this section. A registrant shall report any felony
conviction of a disqualifying offense or offense of moral turpitude in writing
to the employer and the director of public safety as a condition of continued
registration.
(H)
Each class A, B, or C licensee shall report the licensee’s investigator or security
officer employees, including those exempted from the registration requirements
by division F of this section, with the department of public safety. The department shall maintain a record of
each licensee and employee and make it available upon request to any law
enforcement agency or to the public. The
class A, B, or C licensee shall report a new employee no later than seven
calendar days after the date on which the employee is hired. Each class A, B, or C licensee shall notify
the department no later than seven calendar days after the employee’s
employment is terminated for any reason.
Licensees shall only allow a registrant to work within in the
registrant’s class. Nothing
in this section shall be construed as limiting registrants from being employed
by more than one licensed private investigator, security provider, or both at
the same time.
Effective Date: 03-24-2003; 07-01-2004;
07-01-2005
4749.061
Beginning on the effective date of this
section, all persons submitting an application for a new private investigator
registration, security officer registration, or both, shall be required to
submit documentation showing that the applicant has within the one year period
immediately prior to making application, successfully passed a written private
investigator examination, security officer
examination, or both. The
director of public safety shall adopt rules in accordance with Chapter 119 of
the Revised Code governing the examination and any training curriculum required
prior to the examination, such rules shall include:
A. For the examination:
1.
Authorization
for a qualifying agent of a licensee licensed pursuant to this Chapter, or
designee of a qualifying agent made in writing to the department to proctor the
examination;
2.
A requirement
that applicants who fail the examination on the first attempt attend the eight
hour training course prescribed in this division;
3.
The option for
the examination to be administered electronically;
4.
The option to
create either one private investigator and security officer examination or
separate examinations for private investigators or security officers or both.
5.
Content of the
examination consistent with this division;
6.
Cost of taking
the examination, such cost shall not exceed fifty dollars
B. For the training:
1.
All private
investigator, security officer registrants, or both who are registered on the
effective date of this section, are exempt from the training and examination.
2.
All applicants
for a private investigator or security officer registration on or after the
effective date of this section, shall be required to sit for the private
investigator, security officer, private investigator and security officer examination,
but have the option to take the eight hour training prior to examination;
3.
The curriculum
shall, at a minimum, contain content pertaining to:
a. The role of security officers and private investigators
b. The laws and rules governing the business of private
investigation and security services in Ohio
c. The legal powers and limitation on private investigators and
security officers, including civil liability
d. Emergency procedures
e. Communications, human and public relations
f. Access control
g. Ethics and professional conduct
(A) After refund of any license fees as
required by section 4749.03 of the Revised
Code, the department of public safety shall pay all fees received pursuant to
this chapter to the treasurer of state, to be credited to the private
investigator and security officer provider fund, which is hereby created.
(B) Moneys received in payment of fines
levied pursuant to section 4749.99 of the Revised
Code shall be distributed as follows:
(1) One-third to the general fund of
the municipal corporation or township in which the prosecution occurs;
(2) One-third to the general fund of
the county in which the prosecution occurs;
(3) One-third to the private
investigator and security officer provider fund.
Effective Date: 09-26-1996; 07-01-2004
(A) No class A, B, or C licensee, or registered
employee registrant of a class A, B, or C licensee shall be
considered, because of licensure or registration under this chapter, a law
enforcement officer or peace officer for any purpose. Nothing in this
chapter shall be construed as granting the right to carry a concealed weapon.
(B) The rules of the department of
public safety adopted for the administration of this chapter shall include
provisions to assure that any uniform, badge, or identification card
shall be so designed as to avoid confusion of a private investigator, security
officer provider class A, B, or C licensee or registered employee registrant
with any law enforcement officer or peace officer in this state.
(C) No licensee may publish or caused
to be published any advertisement, letterhead, circular, electronic site,
statement, phrase, or use the terms law enforcement, police, sheriff, deputy,
peace officer, trooper, constable, or patrol in conjunction with “Ohio” or
“State,” or any other phrase or statement of any sort which suggests that the
licensee is an official law enforcement or governmental investigative agency or
that the registrant is an official law enforcement officer or peace officer.
(D) No vehicle used by the licensee or
registrant shall be marked with the words police, sheriff, law enforcement,
deputy, trooper, constable, peace officer or patrol in conjunction with “Ohio”
or “State.”
Effective Date: 11-27-1985; 07-01-2004
The state, through the department of
public safety, has exclusive authority to regulate and license, and register private
investigator providers, security providers, or both, and registrants. It is the intent of the general assembly this
statute supersedes and preempt all rules, regulation, resolutions, codes, and
ordinances of all counties, municipal corporations, townships and agencies of
counties, municipal corporations, and townships that pertain to matters that
are expressly set forth or regulated under this chapter.
The department of public safety has
exclusive power to adopt rules of uniform application throughout the state
governing the licensing, registering or regulation for private investigator
providers, security providers, or both, and registrants.
The rules that the department of public
safety adopts are the exclusive rules governing the licensing, registering or
regulation of private investigator providers, security providers, or both, and
registrants. No counties, municipal
corporations, townships or agencies of counties, municipal corporations, or
townships of the state may establish any other standards governing licensing,
registering or regulation of private investigator providers, security providers
or both, and registrants.
(CA) No registrant
shall carry a firearm in the course of his or her duties as a private
investigator, security officer, or both unless the registrant is authorized to
do so by the director of public safety in accordance with this section. Nothing in this section should be
construed as authorizing a registrant to carry a concealed firearm under any
circumstance, unless the registrant complies with sections 2923.124 to 2923.1213 of
the Revised Code. prohibits a private investigator or a security officer
provider registrant from carrying a concealed handgun if the private
investigator or security officer provider registrant complies with
sections 2923.124 to 2923.1213 of the Revised Code.
(AB) No class A, B, or
C licensee and no registered employee registrant of a class A, B,
or C licensee shall carry a firearm, as defined in section 2923.11 of the Revised Code, in the course of engaging in the
business of private investigation, the business of security services, or both
businesses, unless all of the following apply:
(1) The licensee or employee
registrant either has successfully completed a basic firearm training
program at a training school approved by the Ohio peace officer training
commission, which program includes twenty hours of training in handgun use and,
if any firearm other than a handgun is to be used, five hours of training in
the use of other firearms, and has received a certificate of satisfactory
completion of that program from the executive director of the commission; the licensee
or employee registrant has, within three years prior to November 27,
1985, satisfactorily completed firearms training that has been approved by the
commission as being equivalent to such a program and has received written
evidence of approval of that training from the executive director of the
commission; or the licensee or employee registrant is a former
peace officer, as defined in section 109.71 of the Revised Code, who previously had successfully
completed a firearms training course at a training school approved by the Ohio
peace officer training commission and has received a certificate or other
evidence of satisfactory completion of that course from the executive director
of the commission.
(2) The licensee or employee
registrant submits an application to the director of public safety, on a
form prescribed by the director, in which the licensee or employee registrant
requests authorization to registration as a class A, B, or C
licensee or employee registrant who may carry a firearm. The application
shall be accompanied by a copy of the certificate or the written evidence or
other evidence described in division (A)(1) of this section, the identification
registration card issued pursuant to section 4749.03 or 4749.06 of the Revised
Code if one has previously been issued, a statement of the duties that will
be performed while the licensee or employee registrant is armed, and a fee
the director determines, not to exceed fifteen dollars. In the case of a
registered employee registrant, the statement shall be prepared by the
employing class A, B, or C licensee.
(3) The licensee or employee registrant
receives a firearm bearer authorization card from the director of public
safety notation on the licensee’s or employee registrant’s
identification card that the licensee or employee registrant is a
firearm-bearer and carries the firearm bearer authorization card identification
card whenever the licensee or employee registrant carries a
firearm in the course of engaging in the business of private investigation, the
business of security services, or both businesses.
(4) At any time within the immediately
preceding twelve-month period, the licensee or employee registrant
has requalified in firearms use on a firearms training range at a firearms
requalification program certified by the Ohio peace officer training commission
or on a firearms training range under the supervision of an instructor
certified by the commission and has received a certificate of satisfactory
requalification from the certified program or certified instructor, provided
that this division does not apply to any licensee or employee registrant
prior to the expiration of eighteen months after the licensee’s or
employee’s completion of the program described in division (A)(1) of this
section. A certificate of satisfactory requalification is valid and remains in
effect for twelve months from the date of the requalification.
(5) If division (A)(4) of this section
applies to the licensee or employee registrant, the licensee
or employee registrant carries the certificate of satisfactory
requalification that then is in effect or any other evidence of requalification
issued or provided by the director.
(BC)(1) If the
applicant meets the requirements of divisions ___ of this section, the director
The director of public safety shall register an applicant under division
(A) of this section who satisfies divisions (A)(1) and (2) of this section, and
place a notation on the applicant’s identification card indicating that the
applicant is a firearm-bearer shall issue the applicant a firearm bearer
authorization card. Such card shall
contain the date on which the applicant completed the program described in
division (A)(1) of this section and the date of expiration.
(2) A firearms requalification training
program or instructor certified by the commission for the annual
requalification of class A, B, or C licensees or employees registrants
who are authorized to carry a firearm under section 4749.10 of the Revised
Code this section shall award a certificate of satisfactory requalification
to each class A, B, or C licensee or registered employee registrant
of a class A, B, or C licensee who satisfactorily requalifies in
firearms training. The certificate shall identify the licensee or employee
registrant and indicate the date of the requalification. A licensee
or employee registrant who receives such a certificate shall submit
a copy of it to the director of public safety. A licensee registrant
shall submit the copy of the requalification certificate at the same time that
the licensee registrant makes application for registration
renewal of the licensee’s class A, B, or C license. The director shall
keep a record of all copies of requalification certificates the director
receives under this division and shall establish a procedure for the updating
of identification firearm bearer authorization cards to provide
evidence of compliance with the annual requalification requirement. The
procedure for the updating of identification firearm bearer authorization cards
may provide for the issuance of a new card containing the evidence, the entry
of a new notation containing the evidence on the existing card, the issuance of
a separate card or paper containing the evidence, or any other procedure determined
by the director to be reasonable. Each person who is issued obtains a
requalification certificate under this division from the director of public
safety promptly shall pay to the Ohio peace officer training commission
established by section 109.71 of the Revised Code a fee the director determines, not to
exceed fifteen dollars, which fee shall be transmitted to the treasurer of
state for deposit in the peace officer private security fund established by
section 109.78 of the Revised Code.
(C) The director of public safety may
immediately revoke firearm bearer privileges without a prior hearing upon receiving
notice that a registrant is prohibited from carrying a firearm under 18 U.S.C.
922, section 2923.13 of the Revised Code, or a violation of any other state or
federal law that disqualifies a person from carrying a firearm. Upon revoking
firearm bearer privileges, the director of public safety shall provide the
registrant with notice of opportunity of hearing in accordance with the
provisions of section 4749.041 of the Revised Code.
Effective Date: 04-08-2004; 07-01-2004;
07-01-2005
(A) The director of public safety may
investigate any of the persons listed on a applicant for a class
A, B, or C license application and any person applying for a class A, B, or
C registration any principal officer or qualifying agent of a
corporation legal entity who is specified in an application for licensure as
satisfying the requirements of divisions (A)(1) and (F)(1) of section 4749.03 of the Revised Code, and any employee of a class A, B, or C
licensee who seeks to be registered under section 4749.06 of the Revised Code to
determine whether the individual person satisfies the applicable
requirements for licensure or registration.
(B) The director may investigate, on
the director’s own initiative, the actions or proposed actions of a class A, B,
or C licensee, person having a legal or beneficial interest in the ownership of the
business, qualifying agent, and if the person is a corporation or limited
liability company, each officer; managing members, or managers of the company,
if the management of the company is not reserved to its members; persons owning
or controlling five per cent or more of the capital stock of the corporation;
and each person owning or controlling five per cent or more of either the
voting interests or membership interests in the limited liability company. If any person is a partnership or association,
each partner or member of the association,
each registered employee registrant of a class A, B, or C
licensee to determine whether the person is, has been, or will be in
violation of any of the provisions of this Chapter or rules promulgate
thereunder of section 4749.13 of the Revised Code. The director shall may investigate any
of these persons if a verified written complaint is filed
indicating that a person has violated, or is or will be violating any of the
provisions of this Chapter. section 4749.13 of the Revised Code; the
complaint is supported by evidence submitted with it; and the director
determines that a prima-facie case exists that a violation of that section is
being, has been, or will be committed by the person.
(C) The director may investigate, on
the director’s own initiative, the actions or proposed actions of a person who
is not licensed or registered under this chapter and who appears to be acting
as a class A, B, or C licensee, or employee a registrant of a
class A, B, or C licensee. The director shall may investigate
such a person if a verified complaint is filed indicating that a person
was, is, or will be acting as a class A, B, or C licensee or registrant employee
of a class A, B, or C licensee but is not licensed or registered as such
under this chapter. ; the complaint is supported by evidence that is
submitted with it; and the director determines that a prima-facie case exists
that the person was, is, or will be acting in the alleged manner.
(D) In connection with investigations
under divisions (B) and (C) of this section, the director may file an action
with the court of common pleas of Franklin county or the court of common pleas
of the county in which the person who is the subject of the investigation
resides, is engaging in actions, or proposing to engage in actions, to obtain an
injunction, restraining order, or other appropriate relief.
(E) The director may compel by subpoena
witnesses to appear and testify in relation to investigations under this
chapter and may require by subpoena duces tecum the production of any book,
paper, or document pertaining to an investigation. If a person does not comply
with a subpoena or subpoena duces tecum, the director may apply to the court of
common pleas of Franklin cCounty for an order compelling the person to comply
with the subpoena or subpoena duces tecum or, for failure to do so, to be held
in contempt of court.
(F) If, in an investigation under
division (C) of this section, the director determines that a person is not a
class A, B, or C licensee, or a registered employee registrant of
a class A, B, or C licensee, and that the person was, is, or will be acting
in the alleged manner, the director may issue an order to the person to show
cause why the person should not be subject to licensing or registration under
this chapter. The director shall hold a hearing on the order, and if following
the hearing the director determines that the person has engaged, or is or will
be engaging, in activities requiring licensure or registration under this
chapter, the director may issue a cease and desist order that shall describe
the person and the activities that are the subject of it. The cease and desist
order is enforceable in and may be appealed to a court of common pleas pursuant
to Chapter 119. of the Revised Code.
(G) In any proceeding or action brought
under this chapter, the burden of proving an exemption from the licensure
requirements of this chapter is on the person claiming the benefit of the
exemption to a preponderance of the evidence.
Effective Date: 10-12-1994; 07-01-2004
(C) A person who is a resident of
another state and is validly licensed and in good standing in that state as a
private investigator, security provider, or both, may conduct temporary
assignments in the state of Ohio for up to thirty days annually if the business
or contract originated outside the state of Ohio. Any person conducting a temporary assignment
in this state may not solicit business in the state of Ohio.
Effective Date: 11-27-1985; 07-01-2004
(A) No person shall engage in the
business of private investigation, the business of security services, or both
businesses in this state unless the person is licensed pursuant to this
chapter. Each day of continuing violation constitutes a separate offense.
Nothing in this chapter shall be construed to require a registrant any
employee of a class A, B, or C licensee to obtain a class A, B, or C
license, provided that registrant is engaging in the business of private
investigation, the business of security services, or both as an employee of a
Class A, B or C licensee. an employee shall be registered by a licensee
when required by section 4749.06 of
the Revised Code. Nothing in this chapter shall be
construed to require a partner to be a class A, B, or C licensee except as
provided in division (A)(3) of section 4749.03 of the Revised Code. Nothing in this chapter shall be
construed to require a director, officer, or qualifying agent of a corporation
legal entity to individually be a class A, B, or C licensee if the corporation
legal entity is licensed pursuant to this chapter.
(DB) No person who is not licensed as a
class A, B, or C licensee shall advertise that the person is or otherwise hold it,
himself or herself out as a class A, B, or C licensee. This division does
not prohibit registered employees registrants from indicating in
the course of authorized employment for a class A, B, or C licensee that they
are authorized to engage in the business of private investigatory
investigation, security services activities, or both activities.
Effective Date: 11-27-1985; 07-01-2004
On receipt of a notice pursuant to
section 3123.43 of the Revised Code, the director of public safety shall
comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under
section 3123.63 of the Revised Code with respect to a license or
registration issued pursuant to this chapter. Effective Date: 03-22-2001; 07-01-2004
(A) Except as otherwise provided in
this division, whoever violates division (A) of section or (B) 4749.13 of the Revised Code is guilty of a misdemeanor of the first
degree. Whoever violates division (A) of section 4749.13 of the Revised Code and previously has been convicted of
one or more violations of division (A) of that section is guilty of a felony of
the fifth degree. If the offender previously has been convicted of two or more
violations of division (A) of that section, the offender shall be fined ten
thousand dollars and also may be imprisoned not more than one year.
