Chapter 125 Oregon Laws 1999

Session Law

AN ACT

HB 2110

Relating to Oregon Board of Investigators; creating new provisions; and amending ORS 703.425, 703.435, 703.445 and 703.450.

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

SECTION 1. ORS 703.425 is amended to read:

703.425. (1) An application for an investigator's license or operative's registration shall 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 be accompanied by:

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

(b) Two copies of a recent photograph of the applicant, measuring two inches by three inches, one to be mounted on an identification card and one to be retained by 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 or irrevocable letter of credit issued by a commercial bank as defined in ORS 706.005 or such other security as the board may prescribe by rule in the sum of $5,000. Failure to maintain a bond or letter of credit shall be grounds for revocation or denial of renewal of a license or registration; and

(f) Proof of a passing score on the test of professional investigative ethics 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 [forward a copy of the application to the Department of State Police Bureau of Criminal Identification and shall request that the bureau make an investigation of the applicant to determine whether the applicant has committed any acts or crimes constituting grounds for denial of a license or registration under ORS 703.465] request criminal offender information from the Department of State Police in the manner required by section 2 of this 1999 Act.

SECTION 2. (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 3. 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) In order to renew an unexpired identification card, the cardholder shall, on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the board and pay the renewal fee.]

[(4)] (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;

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

[(5)] (4) In the event of loss or destruction of an identification card, the cardholder may apply to the board for a replacement of the card, stating the circumstances of the loss or destruction. The application shall be accompanied by a recent photograph of the cardholder, measuring two inches by three inches, and a card replacement application fee as prescribed by the board by rule.

SECTION 4. ORS 703.445 is amended to read:

703.445. (1) Every person holding an investigator's license or operative's registration who desires to continue to practice in this state shall 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 section 2 of this 1999 Act. 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.

SECTION 5. ORS 703.450 is amended to read:

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

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

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

(3) An investigator or operative shall not attempt to give an impression that the investigator or operative is connected in any way with any law enforcement 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) All investigators shall be directly responsible for the professional, ethical and legal conduct of their employees and operatives working under their 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;

(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.

Approved by the Governor April 26, 1999

Filed in the office of Secretary of State April 26, 1999

Effective date October 23, 1999

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