Arizona Secretary of State - Ken Bennett


 
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TITLE 13. PUBLIC SAFETY

CHAPTER 2. DEPARTMENT OF PUBLIC SAFETY
PRIVATE INVESTIGATORS


Supp. 04-4

(Authority: A.R.S. § 32-2401 et seq.)

ARTICLE 1. GENERAL PROVISIONS

Article 1, consisting of Sections R13-2-101 thru R13-2-105, made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Article 1, consisting of Sections R13-2-01 thru R13-2-12, repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Section

R13-2-01. Repealed

R13-2-02. Repealed

R13-2-03. Repealed

R13-2-04. Repealed

R13-2-05. Repealed

R13-2-06. Repealed

R13-2-07. Repealed

R13-2-08. Repealed

R13-2-09. Repealed

R13-2-10. Repealed

R13-2-11. Repealed

R13-2-12. Repealed

R13-2-101. Definitions

R13-2-102. Application and Processing fees

R13-2-103. Application Forms

R13-2-104. Identification Cards

R13-2-105. Time-frames for Making Licensing and Registration Determinations

ARTICLE 2. AGENCY LICENSES

Article 2, consisting of Sections R13-2-201 thru R13-2-208, made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Section

R13-2-201. Agency License Eligibility

R13-2-202. Submission of Application for an Agency License

R13-2-203. Issuance of Agency License

R13-2-204. Agency License Renewal

R13-2-205. Branch Office Certificate

R13-2-206. Change of Qualifying Party

R13-2-207. Restructure of an Agency

R13-2-208. Business and Employee Names

ARTICLE 3. REGISTRATION CERTIFICATES

Article 3, consisting of Sections R13-2-301 thru R13-2-306, made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Section

R13-2-301. Employee and Associate Registration Certificate Eligibility

R13-2-302. Application for Registration Certificate

R13-2-303. Renewal of Registration Certificate

R13-2-304. Lost or Stolen Registration Certificate or Identification Card

R13-2-305. Change of Address

R13-2-306. Change in Name of Registrant

ARTICLE 4. REGULATION

Article 4, consisting of Sections R13-2-401 thru R13-2-404, made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Section

R13-2-401. Denial of Agency License or Registration Certificate

R13-2-402. Probation of Agency License or Registration Certificate

R13-2-403. Employee and Business Records

R13-2-404. Complaints

ARTICLE 1. GENERAL PROVISIONS

R13-2-01. Repealed

Historical Note

Former rule 1. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-02. Repealed

Historical Note

Former rule 2. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-03. Repealed

Historical Note

Former rule 3. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-04. Repealed

Historical Note

Former rule 4. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-05. Repealed

Historical Note

Former rule 5. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-06. Repealed

Historical Note

Former rule 6. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-07. Repealed

Historical Note

Former rule 7. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-08. Repealed

Historical Note

Former rule 8. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-09. Repealed

Historical Note

Former rule 9. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-10. Repealed

Historical Note

Former rule 10. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-11. Repealed

Historical Note

Former rule 11. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-12. Repealed

Historical Note

Former rule 12. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-101. Definitions

In addition to the definitions in A.R.S. § 32-2401, the following definitions apply to this Chapter:

1. "Branch office certificate" means a document issued by the Department to the qualifying party, authorizing the qualifying party to conduct the business of private investigations in this state at a location other than the principal place of business shown on the agency license.

2. "Classifiable fingerprints" means fingerprint impressions that meet the criteria of the Federal Bureau of Investigations (FBI) as contained in Form FD-258 (5-11-99): U.S. Government Printing Office: 2004-304-373/80029, incorporated by reference, available from the Department and the FBI (Attn: Logistical Support Unit (LSU), CJIS Division, 1000 Custer Hollow Road, Clarksburg, WV 26306). This incorporation contains no future editions or amendments.

3. "Corporation" or "domestic corporation" has the same meaning as in A.R.S. § 10-140.

4. "Delinquent" means an application is submitted after the license expiration date but before the expiration of the 90-day grace period as described in R13-2-204(C).

5. "Foreign corporation" means a corporation for profit that is incorporated under a law other than the law of Arizona.

6. "Limited liability corporation" has the same meaning as corporation.

7. "Partnership" is an association of two or more persons who are co-owners of a business for profit organized in accordance with A.R.S. Title 29, Partnerships.

8. "Probation" means a period during which an agency or individual that has violated A.R.S. Title 32 Chapter 24 is allowed to demonstrate the ability to meet licensure requirements before the Department takes another administrative action, such as suspension or revocation.

9. "Sole proprietor" means the only owner of a business operated for profit.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-102. Application and Processing Fees

A. The application and processing fees are:

1. Original agency license application, $250;

2. Agency license, $400;

3. Application for renewal of an agency license, $250;

4. Agency restructure, $100;

5. Agency delinquent renewal application, $100;

6. Reinstatement of agency license, $250;

7. Associate or employee registration certificate application, $50;

8. Associate or employee registration certificate renewal, $50;

9. Associate or employee registration delinquency, $10;

10. Associate or employee registration reinstatement, $25;

11. Replacement identification card, $10;

12. Additional employer form, $10; and

13. Fingerprint and digital photo fee (optional), $15.

B. In addition to any fees in subsections (A)(1), (A)(3), (A)(7), (A)(8), and (A)(12) the Department shall collect a fee in an amount necessary to cover the cost of noncriminal justice fingerprint processing for criminal history record checks under A.R.S. § 41-1750(J).

C. A person shall pay a fee by cash, cashier's check, certified check, or money order made payable to the Arizona Department of Public Safety. All fees are non-refundable except if A.R.S. § 41-1077 applies.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-103. Application Forms

A. The Department shall provide and an applicant shall use application forms for:

1. Agency license application;

2. Agency license renewal;

3. Employee or associate registration certificate application; and

4. Employee or associate registration renewal application.

B. Application forms may be obtained in person at the Phoenix Licensing Unit office, by mail request to Arizona DPS Licensing Unit, or by telephone. An applicant may duplicate application forms.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-104. Identification Cards

A. The Department shall provide a qualified applicant with an identification card for an:

1. Agency license,

2. Associate registration certificate, or

3. Employee registration certificate.

B. The Department shall include on the identification card the applicant's:

1. Name,

2. Photograph,

3. Physical description,

4. Date of birth,

5. Registration certificate number,

6. Employer's agency name and license number, and

7. Card's expiration date.

C. A licensee or certificate holder shall not assign or transfer an identification card. An identification card is valid only during the effective dates of the license or certificate under which the card has been issued, and for only as long as the card holder is employed by or associated with the agency licensee.

D. A licensee or certificate holder shall not display a badge or shield in conjunction with performing the duties of a private investigator.

E. An employee employed by more than one licensee shall obtain an identification card for each license under which the employee is employed.

F. Upon termination of employment with an agency licensee, the employee shall surrender the employee's identification card to the agency's qualifying party or designee. The agency's qualifying party shall send the identification card to the Department within five business days of the employee surrendering the license. If the employee fails to surrender the card to the qualifying party, the qualifying party shall notify the Department, in writing, within five business days of the employee's termination of employment.

G. If an identification card is lost or stolen, the holder of the card shall notify the Department immediately in writing. The Department shall issue a duplicate identification card upon submission of the required fee.

H. The Department shall not approve a fictitious name for use on an identification card.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-105. Time-frames for Making Licensing and Registration Determinations

A. The Department shall make a determination on the issuance, renewal, reinstatement, or restructure of an agency license, associate or employee registration certificate, or branch office certificate within 15 business days of the submission of an application, as follows:

1. Five days for administrative completeness review, and

2. Ten days for substantive review.

B. The administrative completeness review time-frame, as described in A.R.S. § 41-1072(1) and listed in subsection (A)(1), begins on the date the Department receives an application.

1. If the application is not administratively complete when received, the Department shall send a notice of deficiency to the applicant. The deficiency notice shall state the documents and information needed to complete the application.

2. Within 45 days from the date of the deficiency notice, the applicant shall submit to the Department the missing documents and information. The time-frame for the Department to finish the administrative completeness review is suspended from the date of the deficiency notice until the date the Department receives the missing documents and information.

3. If the applicant fails to provide the missing documents and information within the time provided, the Department shall close the applicant's file, and the Department considers the application suspended. The Department shall not take further action until the required documentation or information and, if applicable, reinstatement fees are received.

C. The substantive review time-frame, as described in A.R.S. § 41-1072(3) and listed in subsection (A)(2), begins on the date the Department determines an application is administratively complete.

1. During the substantive review time-frame, the Department may make one comprehensive written request for additional information. The Department and applicant may mutually agree in writing to allow the Department to submit supplemental requests for additional information.

2. The applicant shall submit to the Department the additional information to complete the application within 45 days from the date of the Department's request. The time-frame for the Department to complete the substantive review of the application is suspended from the date of the request for additional information until the Department receives the additional information.

3. Unless the Department and applicant by mutual written agreement extend the 45-day period, the Department shall close the file of an applicant who fails to submit the additional information within 45 days. An applicant whose file is closed and who wants to be licensed or certified shall apply again under R13-2-202 or R13-2-302.

4. When the substantive review is complete, the Department shall inform the applicant in writing of its decision whether to license or register the applicant.

a. The Department shall deny a license or registration if it determines that the applicant does not meet all substantive criteria required by statute and rule. An applicant who is denied certification may appeal the Department's decision under A.R.S. § 41-1092 et seq.

b. The Department shall grant a license or registration if it determines that the applicant meets all substantive criteria for licensure or certification required by statute and rule.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

ARTICLE 2. AGENCY LICENSES

R13-2-201. Agency License Eligibility

The qualifying party for an agency license shall meet all requirements under A.R.S. § 32-2422. All other partners or corporate officers of the agency shall register as associates and meet the requirements under A.R.S. § 32-2441.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-202. Submission of Application for an Agency License

A. Applications for an agency license may be presented in person at the Arizona Department of Public Safety Licensing office in Phoenix or by mail to Arizona DPS Licensing Unit. A qualifying party submitting an application shall ensure that the application consists of:

1. A complete application form with the information required under A.R.S. § 32-2423 and the qualifying party's notarized signature;

2. Properly completed fingerprint card with classifiable fingerprints of the qualifying party;

3. Fees prescribed in R13-2-102;

4. Legible, notarized copy of a government-issued photo identification document for the qualifying party, such as a state identification card or motor vehicle driver license;

5. Two color photographs of the qualifying party suitable for use in making a identification card, such as passport photos or 1" x 1 1/4" facial photos;

6. Exact details as to the character and nature of the qualifying party's required experience under A.R.S. § 32-2422.

7. If other than a sole proprietorship:

a. Partnership agreement, articles of organization, or articles of incorporation;

b. Applications for associate registration certificates under R13-2-302 completed by all officers, members, managers, and directors of the agency accompanied by classifiable fingerprints and two color photographs suitable for use in making a identification card such as passport photos or 1" x 1 1/4" facial photos;

8. If a foreign corporation, evidence of Arizona Corporation Commission approval to transact business in Arizona;

9. The name under which the agency will do business. The Department shall not issue a license to a corporation or limited liability corporation using a DBA unless registered with the Arizona Secretary of State's Office for approval of the trade name and the agency submits a copy of the registration to the Department.

B. Sole proprietorships and partnerships may, but are not required to, register trade names.

C. If applicable equipment and personnel are available, and if the applicant makes a request, the Department personnel shall take an applicant's photographs and fingerprints upon submission of the application and payment of appropriate fees as listed in R13-2-102.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-203. Issuance of Agency License

A. The Department shall notify an applicant when an agency license is ready for issuance. The applicant has 90 days from the date of notification to:

1. Pay applicable license fees;

2. Provide a complete and accurate two-year surety bond; and

3. For those agencies that will have employees, provide a certificate of worker's compensation insurance.

B. If the applicant does not provide the required information within 90 days, the Department shall deny the application and all fees shall be forfeited.

C. An applicant for an agency license or renewal may request to pick up the license at the Department's office in Phoenix. If no request is made, the Department shall send the license to the mailing address of the applicant.

D. Each agency license shall contain the name and physical address of the licensed business and the number of the license. The issue date on the license is the date the two-year surety bond starts, which is not to be earlier than the date of notification under subsection (A). The license expires two years after issuance.

E. The licensee shall post the license in a conspicuous place in the principal business office.

F. A licensee shall not assign or transfer the license.

G. A licensee shall notify the Department in writing within 15 business days of any change of address of the principal office.

H. If a licensee wishes to surrender the license before the expiration date, the Department shall not refund the license fee or any part of the license fee.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-204. Agency License Renewal

A. A qualifying party may submit a renewal application to the Department up to 60 days before the expiration date on the agency license.

B. The qualifying party shall provide, with the renewal application, the information required under R13-2-202 for the renewal of registration certificates for all associates or employees of the agency.

C. If an agency license is not renewed before the expiration date, the qualifying party and all partners, members, officers, associates and employees shall cease performing investigative activities subject to regulation under A.R.S. Title 32, Chapter 24, until the date the license is renewed. The qualifying party shall ensure that all identification cards with the elapsed agency license number are returned to the Department within five business days of the date the license expires.

D. The Department shall not renew an agency license if the application is filed more than 90 days after the expiration date. If more than 90 days have elapsed, the qualifying party who wishes to resume investigative work as a licensee shall reapply under R13-2-202.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-205. Branch Office Certificate

A. An agency licensee shall obtain a branch office certificate for any place of business other than the principal place of business by request to the Department in writing.

B. The branch office certificate contains the name, agency license number, license expiration date, and address of the branch office.

C. A branch office certificate expires on the date the agency license expires and is renewed when the agency license is renewed.

D. A licensee shall post a branch office certificate in a conspicuous place in the branch office.

E. An agency shall notify the Department in writing within 15 business days of any address change for the branch office.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-206. Change of Qualifying Party

A. If a qualifying party leaves an agency, the agency shall cease operations.

B. If the agency desires to resume operations, a qualifying party shall submit an application for a new agency license under R13-2-202 and meet the requirements under R13-2-201. The Department shall grant the license if the qualifying party meets the requirements of R13-2-201.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-207. Restructure of an Agency

A. A restructure of an agency occurs when there is a change in business legal status.

B. If the restructure occurs at the time of renewal, the Department shall waive the restructure fee.

C. If the restructure occurs at any time other than time of renewal, the agency shall pay the restructure fee. An application for restructure shall be submitted for the qualifying party and any new associates. Any new associates shall register and meet the requirements under A.R.S. § 32-2441.

D. To change a sole proprietorship to a partnership, the applicant shall provide a partnership agreement with notarized signatures of the partners.

E. To change a corporation to a partnership, the applicant shall provide documentation of the dissolving of the corporation and a partnership agreement with notarized signatures of the partners.

F. To change a sole proprietorship or partnership to a corporation the applicant shall provide the Articles of Incorporation bearing the approval stamp of the Arizona Corporation Commission. If the change is to a foreign corporation, the applicant shall submit documentation of Arizona Corporation Commission approval for the foreign corporation to transact business in Arizona.

G. To change a partnership to a sole proprietorship, the applicant shall provide documentation of the dissolving of the partnership.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-208. Business and Employee Names

A. The Department shall not grant a license to an agency with a name that includes "United States," "U.S.," "Federal," or "State of Arizona," or a name that associates the business with any governmental or law enforcement agency. The Department shall not grant a license to an individual or partnership that has a name with the word "corporation," "corp.," "incorporated," "Inc.," or "L.L.C." unless corporate or limited liability corporation papers have been filed with the Corporation Commission. The Department shall not approve a new business name that is similar to a business name of a currently licensed firm.

B. An agency licensee and the licensee's associates and employees shall do business and present themselves under the name used on the licensee's application and the associate's or employee's identification card.

C. An agency licensee shall do all business under the name and address that is on file with the Department and noted on the license. The licensee shall include its name and license number on all letterhead and business cards, advertising, contracts entered into with clients, and agency correspondence.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

ARTICLE 3. REGISTRATION CERTIFICATES

R13-2-301. Employee and Associate Registration Certificate Eligibility

An applicant for an associate or employee registration shall meet the requirements of A.R.S. § 32-2441.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-302. Application for Registration Certificate

A. Applications for associate and employee registration certificates may be presented in person at the Department's licensing office in Phoenix or by mail to the Phoenix office.

B. The applicant's employer shall verify all information provided by the applicant and verify proof of U.S citizenship or legal resident status with authorization to seek employment by examining either one document from List A of U.S. DOJ Form I-9 or one document from List B and one document from List C. After verification, the employer or the applicant may submit an application.

C. In addition to providing documentation of the requirements of A.R.S. § 32-2442, the employer shall ensure that each application includes:

1. A properly completed application form,

2. Two color photographs suitable for use in making an identification card such as passport photos or 1" x 1 1/4" facial photos, and

3. One properly completed fingerprint card with classifiable fingerprints.

D. If applicable equipment and personnel are available, and if the applicant makes a request, the Department personnel shall take an applicant's photographs and fingerprints upon submission of the application and payment of appropriate fees as listed in R13-2-102.

E. An associate or employee registrant shall conduct business and be identified under the name used on the application and the registration certificate. The Department shall not approve a fictitious name for use on an associate or employer registration certificate.

F. If an applicant is employed by more than one agency, the applicant shall submit an application with the words "Additional Employer" written across the top of the application, submit the fee under R13-2-102, and meet the requirements of this Section. If the applicant has submitted a fingerprint card to the Department within less than 365 days, no fingerprint card is required for the Additional Employer application. If the applicant has not submitted a fingerprint card within less than 365 days, the applicant shall submit a new fingerprint card with the application. A licensee or registrant shall provide a new fingerprint card at least every two years.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-303. Renewal of Registration Certificate

A. An associate or employee registration certificate expires on the date specified on the registration certificate. The agency licensee shall submit an associate or employee registration renewal application to the Department licensing unit up to 60 days before the expiration date.

B. The Department shall not renew a certificate unless the application is complete and contains the information required under R13-2-302.

C. When applicable equipment and personnel are available, the applicant's photographs and fingerprints may be taken at the Department of Public Safety upon submission of the application and payment of appropriate fees.

D. The Department shall not renew an associate or employee registration unless it is part of an agency license renewal application.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-304. Lost or Stolen Registration Certificate or Identification Card

If a registration certificate or identification card is lost or stolen, the registrant shall notify the Department immediately and request a new registration certificate or identification card, provide a 1" x 1 1/4" inch photo for the identification card photos and pay the fee under R13-2-102 for a replacement card.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-305. Change of Address

A registrant who changes address shall notify the Department in writing within 30 days of the change of address.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-306. Change in Name of Registrant

A registrant whose name has changed shall notify the Department in writing within 30 days of the name change and may request a new identification card. If the registrant comes to the Department in person, the registrant shall present to the Department a government-issued photo identification card with the new name or court documents recording the name change and the fees under R13-2-102. If the registrant sends a request by mail, the registrant shall mail to the Department certified, notarized copies of any court documents with a 1" x 1 1/4" inch photo for the identification card photo and the applicable fee under R13-2-102.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

ARTICLE 4. REGULATION

R13-2-401. Denial of Agency License or Registration Certificate

A. The Department shall deny an applicant for an agency license or registration certificate if the Department determines that the applicant does not meet the requirements of A.R.S. §§ 32-2422 or 32-2441, or there are grounds for denial under A.R.S. § 32-2459. The Department shall notify the applicant of the reason for the denial by mail to the address listed on file at the Department. The Department shall include in the notification a statement advising the applicant that if the applicant contests denial, the applicant may do so by requesting a hearing in writing within 30 days of receiving the notification letter.

B. When the Department receives a request for a hearing:

1. The applicant will be notified of the date and the time of the hearing;

2. The Department shall set the date for hearing at least 30 days after the date of the notification letter;

3. The applicant may request an informal settlement conference under A.R.S. § 41-1092.06 by submitting the request in writing within 20 days of the scheduled hearing date;

4. The hearing will be held before the Private Investigator and Security Guard Hearing Board;

5. If the applicant does not appear at the hearing, the hearing may be held in the applicant's absence, and the applicant shall be notified by certified mail of the hearing findings; and

6. The hearing board shall prepare recommendations for the Director. The Director may adopt the recommendations in their entirety, modify them, or may decide the case upon the record.

C. A denied applicant may reapply no earlier than six months from the date of denial.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-402. Probation of Agency License or Registration Certificate

Upon recommendation of the Private Investigator and Security Guard Hearing Board, the Director may fix a period and terms of probation to protect the public health and safety and to rehabilitate or educate the licensee or registrant. A licensee may continue to operate and a registrant may continue to perform the duties of a private investigator during the period of probation, subject to the terms established by the Director.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-403. Employee and Business Records

Each licensee shall maintain, at the licensee's principal place of business, a file or record of the name, physical address, title, employment date, and date of termination of each partner, director, business associate, officer, manager, member, and employee for at least five years from the date of termination. The licensee shall make these files and records available for inspection by any peace officer, licensing personnel of the Department's licensing section, or other designated representative of the Department. The licensee shall submit copies of these records and any information pertaining to the records to the Department's licensing section upon request of the Department.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

R13-2-404. Complaints

A. A person may make a written complaint against an entity or person regulated under this Chapter by filing the complaint with the Department. If the complaint involves an alleged violation of Arizona Revised Statutes, the Department shall investigate to ascertain whether a violation of the statute has occurred. The Department may forward a copy of the complaint to the entity or person against whom the complaint has been lodged and request the person to respond to the complaint as part of the investigation.

B. At the conclusion of the investigation, the Department shall forward a copy of the complaint, upon request, to the entity or person against whom the complaint has been lodged.

C. When an investigation is concluded, the Director may take an action listed in A.R.S. § 32-2457.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).


Scott Cancelosi
Director
Public Services Division

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Editor
Arizona Administrative Code