2006 Utah Code - 53-9-108 — Qualifications for licensure.

     53-9-108.   Qualifications for licensure.
     (1) (a) An applicant for an agency license under this chapter shall be at least 21 years of age, a citizen or legal resident of the United States, and of good moral character.
     (b) An applicant may not have been:
     (i) convicted of a felony;
     (ii) convicted of an act involving illegally using, carrying, or possessing a dangerous weapon;
     (iii) convicted of an act of personal violence or force on any person or convicted of threatening to commit an act of personal violence or force against another person;
     (iv) convicted of an act constituting dishonesty or fraud;
     (v) convicted of an act involving moral turpitude;
     (vi) placed on probation or parole;
     (vii) named in an outstanding arrest warrant; or
     (viii) convicted of illegally obtaining or disclosing private, controlled, or protected records as provided in Section 63-2-801.
     (c) In assessing good moral character under Subsection (1)(b), the board shall consider mitigating circumstances presented by an applicant regarding information under Subsections (1)(b)(vi) and (viii).
     (d) If previously or currently licensed in another state or jurisdiction, the applicant shall be in good standing within that state or jurisdiction.
     (e) An applicant shall have completed a minimum of two years, or 2,000 hours, of investigative experience that consists of actual work performed as a private investigator for a private agency, the federal government, or a state, county, or municipal government.
     (f) (i) An applicant for an agency license shall substantiate investigative work experience claimed as years of qualifying experience and provide the exact details as to the character and nature of the experience on a form prescribed by the department and certified by the applicant's employers.
     (ii) If the applicant is unable to supply written certification from an employer in whole or in part, the applicant may offer written certification from persons other than an employer covering the same subject matter for consideration by the board.
     (iii) The applicant shall prove completion of the required experience to the satisfaction of the board and the board may independently verify the certification offered on behalf of the applicant.
     (2) (a) (i) An applicant for a registrant license shall meet all qualification standards of this section, except Subsection (1)(d).
     (ii) An applicant shall have a minimum of one year, or 1,000 hours, of investigative experience that consists of actual work performed as a private investigator for a private agency, the federal government, a state, county, or municipal government.
     (b) A licensed registrant shall only work as an employee of, or an independent contractor with, licensed agencies as provided in Subsection 53-9-102(19), and may not:
     (i) advertise his services or conduct investigations for the general public; or
     (ii) employ other private investigators or hire them as independent contractors.
     (3) (a) An applicant for an apprentice license, lacking the experience required for a registrant license, shall meet all of the qualification standards in Subsection (1), except Subsection (1)(d) and complete an apprentice application.

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     (b) (i) An apprentice shall work under the direct supervision and guidance of a licensed agency, full-time for one year, or 1,000 hours, prior to eligibility for a registrant license.
     (ii) A licensed apprentice shall only work under the direction of a licensed agency as provided in Subsection 53-9-102(5), and may not:
     (A) advertise his services or conduct investigations for the general public;
     (B) employ other private investigators; or
     (C) obtain information from the Utah State Tax Commission Motor Vehicle Division or Driver License Division within the Department of Public Safety, except the apprentice may utilize such information for a legitimate business need under the direct supervision of a licensed agency.
     (4) (a) An applicant for an agency, registrant, or apprentice license may be eligible for a license without meeting all or part of the investigative work experience required by this section if the applicant:
     (i) has a criminal justice degree from an accredited college or university;
     (ii) is certified by Peace Officer Standards and Training; or
     (iii) can substantiate other similar law enforcement or investigative training in the areas set forth in Subsection 53-9-102(17).
     (b) The board shall determine whether or not training may replace the work experience requirement and to what extent.

Amended by Chapter 332, 2004 General Session