Chapter 838 Oregon Laws 2001

AN ACT

SB 722

Relating to Oregon Board of Investigators; creating new provisions; amending ORS 181.871, 432.121, 703.401, 703.405, 703.415, 703.425, 703.427, 703.430, 703.435, 703.445, 703.450, 703.455, 703.460, 703.465, 703.470, 703.475, 703.480, 703.485, 703.490, 703.993 and 703.995; repealing ORS 703.420; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 703.401 is amended to read:

703.401. As used in ORS 703.401 to 703.490, 703.993 and 703.995, unless the context otherwise requires:

(1) “Board” means the Oregon Board of Investigators.

(2) “Client” means a person [that] who engages an investigator, firm, partnership, corporation or other entity for the purpose of conducting lawful activity on the person’s behalf.

(3) “Investigator” means a person who is a licensed investigator under ORS 703.430 [that] and who engages in the business of obtaining or furnishing, or [that] who solicits or accepts employment to obtain or furnish, information [with reference to] about:

(a) Crimes or wrongs done or threatened against the United States or any state or territory of the United States;

(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activities, movements, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person;

(d) The cause of or responsibility for fires, libels, losses, accidents, damages or injuries to persons or property; or

(e) Evidence to be used before any court, board, officer, referee, arbitrator or investigation committee.

[(4) “Operative” means a person who is a registered operative under ORS 703.430 and who performs all work under the direct supervision and control of a licensed investigator or an attorney admitted to practice in this state.]

SECTION 2. ORS 703.405 is amended to read:

703.405. [No person shall] A person may not act as an investigator [or operative] or represent that the person is an investigator [or operative] unless that person is licensed [or registered] under ORS 703.430.

SECTION 3. ORS 703.415 is amended to read:

703.415. [An applicant for an] (1) In order to obtain an investigator’s license, a person:

[(1)] (a) Must be at least [21] 18 years of age;

[(2) Must have been actively engaged in investigatory work for a period of not less than one year. Completion of a related course of study at an educational institution certified by the Department of Education within the 18 months prior to application may be substituted for up to six months of the required work experience. This work may have been as an operative for an investigator, a law enforcement agent, an attorney admitted to practice law in any state or an employee in a public agency engaged in investigatory activities, or other equivalent experience as determined by the Oregon Board of Investigators;]

(b) Must be a citizen of the United States;

[(3)] (c) Must not have committed any act that constitutes grounds for denial of a license under ORS 703.465; [unless the Oregon Board of Investigators concludes that notwithstanding the act or acts, the applicant is fit for the position; and]

[(4)] (d) Must have obtained a passing score on the test of professional [investigative ethics] investigator competency administered or approved by the Oregon Board of Investigators;

(e) Must submit to fingerprint criminal records checks as prescribed by the board by rule;

(f) Must have a corporate surety bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or such other security as the board may prescribe by rule in the sum of at least $5,000, or errors and omissions insurance in the sum of at least $5,000; and

(g) Must have at least 1,500 hours of experience in investigatory work or have completed a related course of study approved by the board.

(2) Notwithstanding subsection (1) of this section, a person who meets the requirements of subsection (1)(a) to (f) of this section is eligible for an investigator’s license with an endorsement indicating that the license is provisional.

SECTION 4. ORS 703.425 is amended to read:

703.425. (1) An application for an investigator’s license [or operative’s registration shall] must be in writing on a form prescribed by the Oregon Board of Investigators and signed under oath, stating the applicant’s:

(a) Name;

(b) Birthdate;

(d) Physical description;

(e) Current residence;

(f) Residence for the preceding 10 years;

(g) Current employment;

(h) Employment for the preceding 10 years;

(i) Experience qualifications;

(j) Education;

(k) Business address, which may be a post office box; and

(L) Any other information required by the board.

(2) The application [shall] must be accompanied by:

(a) The application fee as prescribed by the board by rule;

(b) Recent photographs of the applicant as prescribed by the board by rule to be used for an identification card and for the files of the board;

(d) Three professional references, none of which may be from a person who is related to the applicant by blood or marriage;

(e) Proof of a corporate surety bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or such other security as the board may prescribe by rule in the sum of at least $5,000, or errors and omissions insurance in the sum of at least $5,000. Failure to maintain such security or insurance is grounds for penalties as the board determines or denial of renewal of a license [or registration]; and

(f) Proof of a passing score on the test of professional [investigative ethics] investigator competency administered or approved by the board.

(3) All applicants must disclose any acts or crimes constituting grounds for denial of a license [or registration] under ORS 703.465 and must notify the board when the applicant is charged with a criminal offense. The board must conduct a special review of any applicant making a disclosure under this subsection.

(4) The board shall request criminal offender information from the Department of State Police in the manner required by ORS 703.427.

(5) Employees of or partners in a firm who are covered by the firm’s errors and omissions insurance meet the requirements of subsection (2)(e) of this section as long as the coverage is at least $5,000 per investigator.

SECTION 5. ORS 703.427 is amended to read:

703.427. (1)(a) The Oregon Board of Investigators shall forward two complete sets of an applicant’s fingerprints to the Department of State Police and request the department to conduct a statewide criminal records check on the applicant.

(b) Upon the request of the board, the Department of State Police shall furnish to the authorized staff of the board such information on an applicant for an investigator’s license [or an operative’s registration] as the Department of State Police may have in its possession from its central bureau of criminal identification, including but not limited to manual or computerized criminal offender information. The Department of State Police shall maintain the fingerprint cards used to conduct the statewide criminal records check in its files.

(2)(a) If the background investigation conducted under subsection (1) of this section does not disclose any activity that would disqualify an applicant from becoming an investigator [or operative] pursuant to ORS 703.465, the Department of State Police shall conduct nationwide criminal records checks of the applicant through the Federal Bureau of Investigation by use of the applicant’s fingerprints and shall report the results to the authorized staff of the board, who must be specifically authorized to receive the information.

(b) The Federal Bureau of Investigation shall either return or destroy the fingerprint cards used to conduct the criminal records check and shall not keep any record of the fingerprints. However, if the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, the department shall cease to send the cards to the federal bureau but shall continue to process the information through other available resources.

(c) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the department shall return the fingerprint cards to the board.

(3) For purposes of requesting and receiving the information and data described in subsections (1) and (2) of this section, the board is a designated agency for purposes of ORS 181.010 to 181.560 and 181.715 to 181.730.

SECTION 6. ORS 703.430 is amended to read:

703.430. (1) The Oregon Board of Investigators shall issue an investigator’s license if the applicant has satisfied the requirements of ORS 703.415 and 703.425. Notwithstanding the fact that an applicant does not meet the requirement in ORS 703.415 (1)(g), the board shall issue an investigator’s license if the applicant has satisfied the remaining requirements of ORS 703.415 and 703.425 and shall endorse the license as provisional. A person who has an investigator’s license with a provisional endorsement may not employ or supervise other investigators. Upon receiving an investigator’s license from the board, an investigator shall, at all times, post this license in a conspicuous place in the principal place of business of the investigator.

[(2) The board shall issue an operative’s registration if the applicant has satisfied the requirements of ORS 703.420 and 703.425. An operative shall, at all times, perform services under the direct supervision and control of a licensed investigator or an attorney admitted to practice in this state.]

[(3)] (2) [Any license or registration] A license issued under this section [shall expire] expires two years following the date of issuance or on the assigned renewal date.

(3) When a person who has been issued an investigator’s license with a provisional endorsement has acquired the experience or education described in ORS 703.415 (1)(g), the person shall notify the board and request the removal of the endorsement. The board shall adopt by rule an expedited procedure for processing such requests.

SECTION 7. ORS 703.435 is amended to read:

703.435. (1) When issuing an investigator’s license [or operative’s registration], the Oregon Board of Investigators shall also issue an identification card of a size, design and content as may be determined by the board by rule.

(2) [Any person licensed or registered by this state as] An investigator [or operative] shall carry at all times, while engaged in the practice of investigating, the identification card issued under this section.

(3) Identification cards remain the property of this state and must be returned to the board within 15 business days after:

(a) Failure to renew an investigator’s license [or operative’s registration]; or

(b) Revocation or suspension of a license [or registration] by the board[; or]

[(c) Termination of employment for a registered operative].

(4) In the event of loss or destruction of an identification card, the [cardholder] investigator may apply to the board for a replacement of the card, stating the circumstances of the loss or destruction. The [cardholder] investigator shall provide recent photographs of the [cardholder] investigator and a card replacement application fee as prescribed by the board by rule.

SECTION 8. ORS 703.445 is amended to read:

703.445. (1) [Every person holding an investigator’s license or operative’s registration] An investigator who desires to continue to practice in this state [shall] must apply for renewal and pay the renewal fee as prescribed by rule of the Oregon Board of Investigators to the board on or before the renewal date of the license [or registration]. Any person who fails to pay the renewal fee by the renewal date may, within the following 30 days, pay the renewal fee plus a penalty in an amount to be prescribed by board rule, not to exceed twice the amount of the [current] renewal fee. Any person who fails to pay the renewal fee, with accrued penalties, for a period of 30 days after the renewal date shall forfeit the right to work as an investigator [or operative] in this state and may be reinstated only upon compliance with the initial application procedures.

(2) Prior to renewing a license [or registration], the board may request criminal offender information from the Department of State Police as provided in ORS 703.427. Any act that is grounds for denying an initial application for a license [or registration] is grounds for refusing to renew a license [or registration].

(3) An investigator may choose to become inactive rather than renew a license. The investigator must notify the board of the decision to become inactive. Upon payment of the inactive license fee as prescribed by rule of the board, the board shall place the investigator on inactive status. An investigator on inactive status may not work as an investigator.

SECTION 9. ORS 703.450 is amended to read:

703.450. All licensed investigators [and registered operatives shall] must, at all times, observe the following rules and requirements of conduct:

(1) An investigator [or operative shall] may not knowingly make any false report to an employer or client for whom information [was] is being obtained.

(2) An investigator [or operative shall] may not use a badge in connection with the official activities of the investigator’s business.

(3) An investigator [or operative shall] may not attempt to give an impression that the investigator [or operative] is connected in any way with any law enforcement agency or other governmental entity by any statement or activity, including using a title, wearing a uniform, using an insignia or using an identification card.

[(4) An investigator or operative shall use only the official identification card issued by the Oregon Board of Investigators, or the business card regularly used by the investigator’s business, to indicate that the investigator or operative is licensed or registered.]

[(5)] (4) [All investigators shall be directly] An investigator is responsible for the professional, ethical and legal conduct of [their] the investigator’s employees [and operatives] working under [their] the investigator’s supervision.

[(6) All advertisements by an investigator shall contain the company name, address, telephone number and the investigator’s license number.]

[(7) All identification cards, letterhead or other identifiers must contain:]

[(a) The individual’s name;]

[(b) The business name;]

[(c) The mailing address of the place of business;]

[(d) The business telephone number; and]

[(e) The license or registration number provided by the board.]

[(8) An investigator or operative shall notify the board when the investigator or operative is charged with a criminal offense.]

SECTION 10. ORS 703.465 is amended to read:

703.465. (1) The Oregon Board of Investigators may refuse to grant or renew a license [or registration], may suspend or revoke a license [or registration] or may reprimand[, censure or impose a period of probation] an investigator for any of the following reasons:

[(1)] (a) A conviction of a felony or of any offense involving moral turpitude;

[(2)] (b) A violation of [any of the provisions of ORS 703.401 to 703.490, 703.993 and 703.995] ORS 703.450 or of any rule adopted by the board;

[(3)] (c) Any unprofessional conduct or unfitness of the investigator [or operative];

[(4) Any act in the course of the investigator’s or operative’s business constituting dishonesty or fraud;]

(d) Gross or repeated negligence or incompetence in the course of the investigator’s business;

[(5)] (e) The submission of any false information in connection with an application for or renewal of a license [or registration]; or

[(6) Willful failure or refusal to render services to a client; or]

[(7)] (f) Knowing violation of any court order or injunction in the course of business as an investigator [or operative].

(2) Before the board proposes to suspend or revoke the license of an investigator, the board may attempt to provide the investigator with an opportunity to correct the deficiencies warranting a suspension or revocation by providing the investigator with:

(a) A mentor;

(b) Education; or

(c) Rehabilitation.

SECTION 11. ORS 703.470 is amended to read:

703.470. (1) If the Oregon Board of Investigators proposes to refuse to issue or renew a license [or registration] or proposes to suspend or revoke a license [or registration] or proposes to reprimand[, censure or impose a period of probation on] an investigator [or operative], opportunity for hearing shall be accorded as provided in ORS 183.310 to 183.550.

(2) Judicial review of orders under subsection (1) of this section shall be as provided in ORS 183.310 to 183.550.

SECTION 12. ORS 703.475 is amended to read:

703.475. (1)(a) There is established an Oregon Board of Investigators. The board [shall consist of five] consists of seven members appointed by the Governor [for a term of] as follows:

(A) Three members must be licensed investigators;

(B) One member must be either a licensed investigator or an active law enforcement officer;

(C) Two members must be members of the Oregon State Bar; and

(D) One member must be a representative of the general public.

(b) In making the appointments, the Governor shall:

(A) Consider a list of candidates submitted to the Governor by a statewide organization of licensed investigators.

(B) Ensure statewide geographic representation.

(c) The term of office of a member of the board is four years. The members [shall] serve at the pleasure of the Governor. [All appointments of members of the board are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565.]

[(2) Three of the members of the board shall be investigators licensed under ORS 703.430, one member shall be a representative of the law enforcement community who is not a licensed investigator or registered operative and one member shall be a representative of the general public.]

[(3)] (2) Before entering upon the duties of office, each board member shall subscribe to an oath that the member will faithfully and impartially discharge the duties of office and that the member will support the Constitution of the United States and the Constitution of Oregon. The oath shall be filed with the Secretary of State.

[(4)] (3) Before the expiration of the term of a member, the Governor shall appoint a successor to assume the duties on January 1 next following. In case of a vacancy for any cause, the Governor shall make an appointment to become effective immediately for the unexpired term.

[(5)] (4) Each member of the board is entitled to reimbursement of travel expenses in accordance with ORS 292.495 (2).

SECTION 13. (1) No later than January 1, 2002, the Governor shall appoint seven members to the Oregon Board of Investigators.

(2) The terms of office of the members of the board who are serving on the effective date of this 2001 Act expire on the date that the members appointed under subsection (1) of this section subscribe to the oath required under ORS 703.475 (2).

SECTION 14. ORS 703.480 is amended to read:

703.480. The Oregon Board of Investigators shall:

(1) Organize and elect from its membership a president and vice president of the board. [;]

(2) Adopt and use a common seal. [;]

(3) Adopt rules necessary for the administration of ORS 703.401 to 703.490, [703.993 and 703.995,] in accordance with ORS 183.325 to 183.410. [;]

[(4) Determine the qualifications of investigators and operatives;]

[(5)] (4) Investigate alleged violations of ORS 703.401 to 703.490[, 703.993 and 703.995] and of any rules adopted by the board. When the board conducts an investigation under this subsection, the board shall destroy all information about the alleged violation if the board determines that the allegation is false. [;]

[(6)] (5) Prescribe and collect fees for application, licensing and registration, renewal of licenses and registrations,[and] issuance of identification cards and penalties for late renewal of licenses. Fees established [shall] may not exceed the cost of administering the program of the board for which the fee was established. [;]

[(7)] (6) Adopt and administer [or approve the] a test of professional [investigative ethics] investigator competency. [;]

[(8)] (7) Formulate a code of professional ethics to be followed by investigators. [and operatives;]

[(9) Establish requirements for professional education;]

[(10) Authorize all necessary disbursements to carry out the provisions of ORS 703.401 to 703.490, 703.993 and 703.995, including but not limited to payment for necessary supplies and office equipment, payment for legal and investigative services rendered to the board and such other expenditures as are provided for in ORS 703.401 to 703.490, 703.993 and 703.995;]

[(11) Employ such persons as are necessary for the investigation and prosecution of alleged violations, for the enforcement of this Act and for such other purposes as the board may require. All obligations for salaries and expenses incurred by the board shall be paid from the fees accruing to the board under ORS 703.401 to 703.490, 703.993 and 703.995 and not otherwise;]

[(12)] (8) Meet for the transaction of business at the call of the president. A majority of the members constitutes a quorum for the transaction of business. [and a majority vote of those present shall be a decision of the entire board. The board’s proceedings shall be open to public inspection in all matters affecting public interest;]

[(13)] (9) Keep an accurate record of all proceedings and activities of the board [and of all of its meetings, of all investigations of licensees and registrants, and of all examinations held for applicants for licenses or registrations, with the names and addresses of all persons taking examinations and their scores]. All records shall be kept in the office of the board. All of the records of the board shall be public. However, investigator [or operative] client files obtained by the board are exempt from disclosure under ORS 192.410 to 192.505 unless the public interest requires disclosure in the particular instance.[;]

[(14) Keep an accurate inventory of all property of the board, and of this state that is in the possession of the board, with receipts issued from prior possessors;]

[(15) Keep a register of investigators and operatives, which shall contain the names and addresses of all persons to whom licenses or registrations have been issued, together with the date of the issuance and the place of business for each investigator or operative, and all renewals, revocations and suspensions for each investigator or operative; and]

[(16) Impose civil penalties in accordance with ORS 703.995.]

(10) Provide an accounting of board funds to every investigator at the end of each odd-numbered fiscal year.

(11) Establish a website on the Internet that lists each investigator with the investigator’s license number, business address and telephone number.

(12) Provide professional development opportunity information to investigators.

SECTION 15. ORS 703.485 is amended to read:

703.485. (1) The Oregon Board of Investigators may appoint an [administrator] executive director, whose salary shall be provided by law or fixed by the Governor.

(2) The [administrator] executive director shall keep all records of the board and discharge such other duties as the board from time to time prescribes.

(3) The [administrator shall appoint all subordinate officers and employees of the board, prescribe their functions and fix their compensation, in accordance with applicable laws relating to state personnel] executive director may hire employees and contract for specific services for specific projects.

SECTION 16. ORS 703.993 is amended to read:

703.993. (1) A person commits a Class A misdemeanor if the person knowingly falsifies the fingerprints, photographs or other data pertinent to an application for a license[, registration] or identification card under the provisions of ORS 703.425, 703.430 or 703.435.

(2) A person commits a Class B misdemeanor if the person knowingly practices as an investigator [or operative] without a license [or registration] as required by ORS 703.405.

(3) An investigator who fails to carry the identification card as required by ORS 703.435 commits a Class A violation.

SECTION 17. ORS 703.995 is amended to read:

703.995. (1) In addition to any other penalty provided by law, a person who violates any provision of ORS 703.401 to 703.490[, 703.993 and 703.995] or any rule adopted thereunder is subject to payment of a civil penalty in an amount of not more than [$1,000] $500 for each offense.

[(2) A licensed investigator or registered operative who fails to carry the identification card as required by ORS 703.435 commits a Class A violation.]

[(3)] (2) Civil penalties under this section shall be imposed as provided in ORS 183.090.

[(4)] (3) Judicial review of civil penalties imposed under this section shall be as provided under ORS 183.480, except that the court may reduce the amount of the penalty.

SECTION 18. ORS 703.490 is amended to read:

703.490. (1) There is created an Oregon Board of Investigators Account in the General Fund of the State Treasury. All moneys received by the Oregon Board of Investigators under ORS 703.401 to 703.490, 703.993 and 703.995 shall be paid into the General Fund in the State Treasury and credited to the account. All moneys in the account are continuously appropriated to the Oregon Board of Investigators to be used only for the expenses of administration and enforcement of ORS 703.401 to 703.490, 703.993 and 703.995.

(2) All fines and civil penalties collected or received for violations under ORS [181.871,] 703.401 to 703.490, 703.993 and 703.995 shall be paid to the General Fund.

SECTION 19. Sections 20 and 21 of this 2001 Act are added to and made a part of ORS 703.401 to 703.490.

SECTION 20. (1)(a) Except as otherwise provided in paragraph (b) of this subsection, an investigator must complete at least 32 hours of continuing education every two years.

(b) An investigator who has an investigator license with a provisional endorsement must complete at least 40 hours of continuing education every two years.

(2) An investigator may carry no more than 15 hours of continuing education from one licensing period to the next.

(3) When an investigator applies for renewal of a license under ORS 703.445, the investigator must provide proof of having completed the required continuing education.

(4) As used in this section, “continuing education” means any educational endeavor that reasonably could be considered beneficial to the work of the investigator. Continuing education may be obtained:

(a) Through participation in conferences or educational courses offered by trade schools or colleges, whether as an attendee or a presenter;

(b) Through independent studies;

(c) By publishing articles related to the field of investigation; and

(d) As otherwise provided by the board by rule.

SECTION 21. An investigator’s home address, home telephone number, personal electronic mail address, social security number, photograph and other personal identifying information is confidential and not subject to disclosure under ORS 192.410 to 192.505 unless written consent to disclose is given by the investigator.

SECTION 22. ORS 181.871 is amended to read:

181.871. ORS 181.870 to 181.889 and 181.991 do not apply to:

(1)(a) A person certified by the Department of Public Safety Standards and Training as a police officer or a parole and probation officer;

(b) A law enforcement officer of the United States;

(c) An officer or employee of this state, Oregon Health Sciences University established by ORS 353.020 or the United States; or

(d) A person appointed or commissioned by the Governor to perform law enforcement or security services.

(2) An attorney admitted to practice law in this state.

(3) An insurance adjuster licensed in this state and performing duties authorized by the license.

(4) A person who monitors fire alarm systems and other alarm systems that are not designed to detect unauthorized intrusions.

(5) A person while protecting the person’s property.

(6) A person who repairs and installs intrusion alarms.

(7) A person acting as an investigator [or operative] as defined in ORS 703.401.

(8) A person performing crowd management or guest services including, but not limited to, a person described as a ticket taker, usher or parking attendant, who is not armed, does not wear a uniform or clothing described in ORS 181.870 (14)(a) or (b) and is not hired for the purpose of taking enforcement action as described in ORS 181.870 (14)(d).

(9) A person who performs security services at a facility regulated by the United States Nuclear Regulatory Commission and the facility is operated by the person’s employer.

SECTION 23. ORS 432.121 is amended to read:

432.121. (1) To protect the integrity of vital records and vital reports, to ensure their proper use and to ensure the efficient and proper administration of the system of vital statistics, it shall be unlawful for any person to permit inspection of, or to disclose information from vital records or vital reports in the custody of the State Registrar of the Center for Health Statistics, county registrar or local registrar or to copy or issue a copy of all or part of any such record or report unless authorized by this chapter and by rules adopted pursuant thereto or by order of a court of competent jurisdiction. Rules adopted under this section shall provide for adequate standards of security and confidentiality of vital records and vital reports.

(2) The State Registrar of the Center for Health Statistics shall authorize the inspection, disclosure and copying of the information referred to in subsection (1) of this section as follows:

(a) To the subject of the record; spouse, child, parent, sibling or legal guardian of the subject of the record; an authorized representative of the subject of the record, spouse, child, parent, sibling or legal guardian of the subject of the record; and, in the case of death, marriage or divorce records, to other next of kin.

(b) When a person demonstrates that a death, marriage or divorce record is needed for the determination or protection of a personal or property right.

(c) When 100 years have elapsed after the date of birth or 50 years have elapsed after the date of death, marriage or divorce.

(d) When the person requesting the information demonstrates that the person intends to use the information solely for research purposes. In order to receive the information, the person must submit a written request to the state registrar requesting a research agreement. The state registrar shall issue a research agreement if the person demonstrates that the information will be used only for research and will be held confidential. The research agreement shall prohibit the release by the person of any information other than that authorized by the agreement that might identify any person or institution.

(e) To the federal agency responsible for national vital statistics, upon request. The copies or data may be used solely for the conduct of official duties. Before furnishing the records, reports or data, the state registrar shall enter into an agreement with the federal agency indicating the statistical or research purposes for which the records, reports or data may be used. The agreement shall also set forth the support to be provided by the federal agency for the collection, processing and transmission of the records, reports or data. Upon written request of the federal agency, the state registrar may approve, in writing, additional statistical or research uses of the records, reports or data supplied under the agreement.

(f) To federal, state and local governmental agencies, upon request. The copies or data may be used solely for the conduct of official duties of the requesting governmental agency.

(g) To offices of vital statistics outside this state when such records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. Before furnishing the records, reports or data, the state registrar shall enter into an agreement with the office of vital statistics. The agreement shall specify the statistical and administrative purposes for which the records, reports or data may be used and the agreement shall further provide instructions for the proper retention and disposition of the copies. Copies received by the Center for Health Statistics from offices of vital statistics in other states shall be handled in the same manner as prescribed in this section.

(h) To an investigator licensed[, or operative registered,] under ORS 703.430, upon request.

(3) The state registrar, upon request of a family member or legal representative, shall issue a certified copy or other copy of a death certificate containing the cause of death information as provided in subsection (2) of this section or as follows:

(a) When a person has demonstrated through documented evidence a need for the cause of death to establish a legal right or claim.

(b) When the request for the copy is made by or on behalf of an organization that provides benefits to the decedent’s survivors or beneficiaries.

(4) Nothing in this section prohibits the release of information or data that would not identify any person or institution named in a vital record or a vital report.

(5) Nothing in this section shall prohibit a health care provider from disclosing information contained in the provider’s records as otherwise allowed by law.

(6) Nothing in this section shall be construed to permit disclosure of information contained in the “Information for Medical and Health Use Only” section of the birth certificate, fetal death report or the “Information for Statistical Purposes Only” section of the certificate of marriage or certificate of divorce, unless specifically authorized by the state registrar for statistical or research purposes. The data shall not be subject to subpoena or court order and shall not be admissible before any court, tribunal or judicial body.

(7) All forms and procedures used in the issuance of certified copies of vital records and vital reports shall be uniform and provided by or approved by the state registrar. All certified copies issued shall have security features that safeguard the document against alteration, counterfeiting, duplication or simulation without ready detection.

(8) Each copy issued shall show the date of filing. Copies issued from records marked “Amended” shall be similarly marked and shall show the effective date of the amendment. Copies issued from records marked “Delayed” shall be similarly marked and shall include the date of filing and a description of the evidence used to establish the delayed certificate.

(9) Any copy issued of a certificate of foreign birth shall indicate this fact and show the actual place of birth and the fact that the certificate is not proof of United States citizenship for an adoptive child.

(10) Appeals from decisions of the state registrar to refuse to disclose information or to permit inspection or copying of records as prescribed by this section and rules adopted pursuant thereto shall be made under ORS 183.480 to 183.484.

(11) The state registrar shall adopt rules to implement this section in accordance with the applicable sections of ORS 183.310 to 183.550.

(12) Indexes of deaths, marriages or divorces that list names, dates of events, county of events or certificate numbers may be disclosed.

SECTION 24. ORS 703.455 is amended to read:

703.455. (1) All investigators [and operatives] shall inform each client that the client has a right to receive a written contract. The contract shall clearly state the task to be performed and the rate of payment.

(2) All investigators [and operatives] shall inform each client that the client is entitled to receive either of the following reports concerning services rendered:

(a) An oral report that is timely and adequate when a client does not desire a written report; or

(b) A written report furnished by the investigator [or operative] to the client within seven days after written request is received from the client.

(3) All investigators [and operatives] shall maintain accurate accounting records of time and expenses.

(4) All investigators shall keep separate and distinct case files for each client and case. Case files shall include the date activity began, copies of all correspondence and written reports generated and an accurate accounting of all time and expenses incurred by the investigator [or operative] during the course of that case.

(5) Each investigator shall maintain a record of the term of employment of each employee [and operative].

(6) All records and files referred to in this section shall be maintained for not less than seven years.

SECTION 25. ORS 703.460 is amended to read:

703.460. Investigators [and operatives] shall maintain a principal location for the conduct of business. This location, as well as any branch office, shall be registered with the Oregon Board of Investigators. Each investigator [or operative] shall notify the board within 10 days of any change of the business address of the principal location or of any branch office of the business.

SECTION 26. A person’s unexpired operative’s registration issued before the effective date of this 2001 Act is deemed to be an investigator’s license with a provisional endorsement for purposes of ORS 703.401 to 703.490, 703.993 and 703.995. Prior to the expiration date of the person’s registration, the person may apply for renewal as provided in ORS 703.445. If the person meets the requirements for renewal, the board shall issue the person an investigator’s license with a provisional endorsement or, if the person meets the requirements of ORS 703.415 (1)(g), an investigator’s license without such an endorsement.

SECTION 27. ORS 703.420 is repealed.

SECTION 28. This 2001 Act takes effect on the 91st day after the date on which the regular session of the Seventy-first Legislative Assembly adjourns sine die.

Approved by the Governor July 27, 2001

Filed in the office of Secretary of State July 27, 2001

Effective date October 6, 2001

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