74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 382
A-Engrossed
Senate Bill 169
Ordered by the Senate April 2
Including Senate Amendments dated April 2
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Public Safety Standards and
Training)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Delineates responsibilities of Department of Public Safety
Standards and Training and Board on Public Safety Standards and
Training relating to regulation of investigators.
A BILL FOR AN ACT
Relating to investigators; amending ORS 703.415, 703.425,
703.430, 703.435, 703.445, 703.447, 703.450, 703.465, 703.473
and 703.480.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 703.480 is amended to read:
703.480. { + (1) The Board on Public Safety Standards and
Training shall, in collaboration with the Private Security Policy
Committee:
(a) Establish reasonable minimum standards of physical,
emotional, intellectual and moral fitness for investigators.
(b) Prescribe fees relating to the application for and the
issuance, renewal and inactivation of investigators' licenses,
and for the issuance of identification cards. Each fee may not
exceed the cost of administering the program of the Department of
Public Safety Standards and Training for which the fee was
established. The board shall prescribe penalties for late
renewal of licenses.
(c) Adopt a test of investigator competency.
(d) Establish rules of professional conduct to be followed by
investigators.
(e) Adopt rules specifying those crimes and violations for
which a conviction requires the denial, suspension or revocation
of licensure as an investigator.
(2) + } The department { - of Public Safety Standards and
Training - } shall:
{ - (1) Adopt rules necessary for the administration of ORS
703.401 to 703.490, in accordance with ORS 183.325 to
183.410. - }
{ - (2) - } { + (a) + } Investigate alleged violations of
ORS 703.401 to 703.490 and of any rules adopted by the { + board
or + } department. { + Notwithstanding ORS 703.473 (3), + }
when the department conducts an investigation under this
{ - subsection, the department shall destroy - }
{ + paragraph, + } all information about the alleged violation
{ + and the investigation is confidential and is not subject to
disclosure under ORS 192.410 to 192.505 + } if the department
determines that the allegation is false.
{ + (b) Collect fees as prescribed by the board. + }
{ - (3) In collaboration with the Private Security Policy
Committee, prescribe and collect fees for application, licensing,
renewal of licenses, issuance of identification cards and
penalties for late renewal of licenses. Fees established may not
exceed the cost of administering the program of the department
for which the fee was established. - }
{ - (4) In collaboration with the Private Security Policy
Committee, adopt and administer a test of professional
investigator competency. - }
{ - (5) In collaboration with the Private Security Policy
Committee, formulate a code of professional ethics to be followed
by investigators. - }
{ - (6) - } { + (c) + } Establish a website on the Internet
that lists each investigator with the investigator's license
number, business address and business telephone number.
{ - (7) - } { + (d) + } Provide professional development
opportunity information to investigators.
{ + (3) The board shall adopt rules necessary to carry out
the board's duties and powers under ORS 703.401 to 703.490.
(4) The department shall adopt rules necessary to carry out the
department's duties and powers under ORS 703.401 to 703.490.
(5) For efficiency, board and department rules adopted under
this section may be adopted jointly with the approval of the
board and the department. + }
SECTION 2. ORS 703.415 is amended to read:
703.415. In order to obtain a private investigator's license, a
person:
(1) Must be at least 18 years of age;
(2) Must be eligible to work in the United States;
(3) Must not have committed any act that constitutes grounds
for denial of a { + private investigator's + } license
{ - under ORS 703.465 - } ;
(4) Must have obtained a passing score on the test of
{ - professional - } investigator competency { + adopted by
the Board on Public Safety Standards and Training and + }
administered { - or approved - } by the Department of Public
Safety Standards and Training;
(5) Must submit to { - fingerprint - } { + fingerprinting
and + } criminal records checks as prescribed by the
{ - department - } { + board + } by rule;
(6) 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 department 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
(7) Must have at least 1,500 hours of experience in
investigatory work, have completed a related course of study
approved by the department or have a combination of work
experience and education approved by the department.
SECTION 3. ORS 703.425 is amended to read:
703.425. (1) An application for a private investigator's
license or a provisional investigator's license must be in
writing on a form prescribed by the Department of Public Safety
Standards and Training, stating the applicant's:
(a) Legal name;
(b) Birthdate;
(c) Citizenship;
(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 department.
(2) The application must be accompanied by:
(a) The application fee as prescribed by the
{ - department - } { + Board on Public Safety Standards and
Training + } by rule;
(b) Recent photographs of the applicant as prescribed by the
{ - department - } { + board + } by rule to be used for an
identification card and for the files of the department;
(c) Complete sets of the applicant's fingerprints as prescribed
by the { - department - } { + board + } by rule;
(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 department 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
(f) Proof of a passing score on the test of
{ - professional - } investigator competency { + adopted by the
board and + }administered { - or approved - } by the
department.
(3) All applicants must disclose any acts { - or crimes - }
constituting grounds for denial of { - a - } { + an
investigator's + } license
{ - under ORS 703.465 - } and must notify the department
{ - when - } { + if + } the applicant is charged with a
criminal offense. The department shall conduct a special review
of any applicant making a disclosure under this subsection.
(4) The Department of Public Safety Standards and Training
shall forward a complete set of an applicant's fingerprints to
the Department of State Police and shall request that the
Department of State Police conduct criminal records checks as
provided in ORS 181.534. Notwithstanding ORS 181.534 (5) and (6),
the Department of State Police shall maintain in its files the
fingerprint cards used to conduct the state criminal records
check.
(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 4. ORS 703.430 is amended to read:
703.430. (1) The Department of Public Safety Standards and
Training shall issue:
(a) A private investigator's license if the applicant has
satisfied the requirements of ORS 703.415 and 703.425 and is in
compliance with the rules of the { + Board on Public Safety
Standards and Training and the + } department.
(b) A provisional investigator's license if the applicant has
satisfied the requirements of ORS 703.415 (1) to (6) and 703.425
and is in compliance with the rules of the { + board and + }
department. A person who has a provisional investigator's license
may not employ or supervise other investigators.
(2) The department may issue:
(a) A temporary investigator's license to a person licensed as
an investigator by another jurisdiction. The { - department - }
{ + board + } shall adopt rules to carry out this paragraph
including, but not limited to, rules establishing requirements,
procedures and fees for issuing a temporary investigator's
license and the scope and duration of the license.
(b) An interim investigator's license to a person who:
(A) Has applied for a private investigator's license or a
provisional investigator's license and whose application has not
been granted or denied;
(B) Works only for a private investigator licensed under this
section, an attorney or another employer who has requested that
the person be issued an interim investigator's license;
(C) Has never been convicted of, pleaded guilty or no contest
to or forfeited security for a crime; and
(D) Meets all requirements established by the
{ - department - } { + board + } by rule including, but not
limited to, rules establishing requirements, procedures and fees
for issuing an interim investigator's license and the scope and
duration of the license.
(3) A license issued under subsection (1) of this section
expires two years following the date of issuance or on the
assigned renewal date.
SECTION 5. ORS 703.435 is amended to read:
703.435. (1) When issuing a license under ORS 703.430, the
Department of Public Safety Standards and Training shall also
issue an identification card of a size, design and content as may
be determined by the department by rule.
(2) An investigator shall carry at all times, while engaged in
the practice of investigating, the identification card issued
under this section.
(3) In the event of loss or destruction of a license issued
under ORS 703.430 or an identification card issued under this
section, the investigator may apply to the department for a
replacement. The application must state the circumstances of the
loss or destruction. The investigator shall provide recent
photographs of the investigator and a replacement application fee
as prescribed by the { - department - } { + Board on Public
Safety Standards and Training + } by rule.
SECTION 6. ORS 703.445 is amended to read:
703.445. (1) An investigator who desires to continue to
practice in this state must apply for renewal and pay the renewal
fee as prescribed by rule of the { - Department of - } { +
Board on + } Public Safety Standards and Training to the
Department { + of Public Safety Standards and Training + } on or
before the renewal date of the license. 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 { - department - } { + board + } rule, not to
exceed twice the amount of the renewal fee. Any person who fails
to pay the renewal fee, with accrued penalties, for a period of
30 days after the renewal date forfeits the right to work as an
investigator in this state and may be reinstated only upon
compliance with the initial application procedures.
(2) Prior to renewing a license, the Department of Public
Safety Standards and Training may request that the Department of
State Police conduct criminal records checks as provided in ORS
181.534. Any act that is grounds for denying an initial
application for a license is grounds for refusing to renew a
license.
(3) An investigator may request the Department of Public Safety
Standards and Training to place the investigator on inactive
status at any time during the licensing period. Upon payment of
the inactive license fee as prescribed by rule of the
{ - department - } { + board + }, the department shall place
the investigator on inactive status. An investigator on inactive
status may not work as an investigator.
SECTION 7. ORS 703.447 is amended to read:
703.447. (1)(a) An investigator issued a private investigator's
license must complete at least 32 hours of continuing education
every two years.
(b) An investigator issued a provisional investigator's license
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 { - Department of - } { +
Board on + } Public Safety Standards and Training by rule.
SECTION 8. ORS 703.450 is amended to read:
703.450. A licensed investigator:
(1) May not knowingly make any false report to an employer or
client.
(2) May not commit fraud or deceit toward a client or employer.
(3) May not knowingly violate a court order or injunction in
the course of business as an investigator.
(4) May not commit an act that reflects adversely on the
investigator's honesty, integrity, trustworthiness or fitness to
engage in business as an investigator.
(5) May not act unprofessionally while acting as an
investigator.
(6) May not use unlicensed persons to conduct investigative
activities.
(7) Is responsible for the professional, ethical and legal
conduct of the investigator's employees or other persons working
under the investigator's supervision.
(8) 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.
(9) Shall inform each client that the client is entitled to
receive both of the following reports concerning services
rendered:
(a) An oral report that is timely and adequate; and
(b) A written report furnished by the investigator within seven
days after written request is received from the client.
(10) Shall keep separate and distinct case files for each
client and case. Case files must include all written agreements
with the client, the date investigative activities began, copies
of all correspondence and written reports generated and an
accurate accounting of all time spent, activities conducted and
expenses incurred by the investigator during the course of the
case.
(11) Shall maintain a record of the term of employment of each
employee or contractor.
(12) Shall maintain all records and files referred to in this
section for not less than seven years.
(13) Shall maintain required security or insurance.
(14) Shall post the license of the investigator in a
conspicuous place in the investigator's principal place of
business.
(15) Unless performing services for a law enforcement or other
governmental agency, may not attempt to give an impression that
the investigator is connected in any way with a law enforcement
or other governmental agency by any statement or activity,
including using a title, wearing a uniform, using a badge or
insignia or using an identification card or by any failure to
make a statement or act.
(16) Shall maintain the confidentiality of each client as
required by rules of professional conduct established by the
{ - Department of - } { + Board on + } Public Safety
Standards and Training.
(17) May not submit false information to the Department { + of
Public Safety Standards and Training + }.
(18) May not impede a compliance investigation.
(19) Shall return to the department the license and
identification card issued by the department to the investigator
no later than 15 days after the expiration or revocation of the
license.
SECTION 9. ORS 703.465 is amended to read:
703.465. (1) The Department of Public Safety Standards and
Training may refuse to grant or renew a license, may suspend or
revoke a license or may reprimand an investigator for any
violation of ORS 703.405, 703.450 or 703.460 or of any rule
adopted by the { + Board on Public Safety Standards and Training
or the + } department.
(2) In determining whether to issue a denial, suspension,
revocation or reprimand, the department shall consider the facts
of the case as they relate to the person's fitness to practice as
an investigator.
(3) As part of the disciplinary process, the department may
provide an investigator with an opportunity to correct the
deficiencies by allowing the investigator to complete a course of
rehabilitation approved by the department.
(4) When the department denies or revokes a license, the
applicant or licensee may not reapply for a license until three
years have elapsed from the issuance of the final order of denial
or revocation. A person who reapplies after a denial or
revocation must prove by a preponderance of the evidence that the
grounds for the denial or revocation no longer exist.
SECTION 10. ORS 703.473 is amended to read:
703.473. (1) An investigator's home address, home telephone
number, personal electronic mail address, Social Security number,
photograph and other personal identifying information are
confidential and not subject to disclosure under ORS 192.410 to
192.505 unless written consent to disclose is given by the
investigator.
(2) Except as provided by rules established by the
{ - Department of - } { + Board on + } Public Safety
Standards and Training, investigator client files obtained by the
Department { + of Public Safety Standards and Training + } are
confidential and not subject to disclosure under ORS 192.410 to
192.505.
(3) Information obtained by the department as part of an
investigation of a licensee or applicant, including complaints
concerning the licensee or applicant, is confidential and not
subject to disclosure under ORS 192.410 to 192.505 until the
department dismisses the case or issues a proposed order.
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