53-9 - Private Investigator Regulation Act
Title 53 > 53-9
Sections (17)
53-9-101 - Title.
This chapter is known as the “Private Investigator Regulation Act.”
53-9-102 - Definitions.
In this chapter, unless otherwise stated: 53-9-102(1) “Adequate records” means records containing, at a minimum, sufficient information to identify the client, the dates of service, the fee for service, the payments for service, the type of service given, and copies of any reports that may have been made. 53-9-102(2) “Advertising” means the submission of bids, contracting or making known by any public notice, publication, or solicitation of business, directly or indirectly, that services regulated under this chapter are available for consideration. 53-9-102(3) “Agency” means a person who holds an agency license pursuant to this chapter, and includes one who employs an individual for wages and salary, and withholds all legally required deductions and contributions, or contracts with a registrant or an apprentice on a part-time or case-by-case basis to conduct an investigation on behalf of the agency. 53-9-102(4) “Applicant” means any person who has submitted a completed application and all required fees. 53-9-102(5) “Apprentice” means a person who holds an apprentice license pursuant to this chapter, has not met the requirements for registration, and works under the direct supervision and guidance of an agency. 53-9-102(6) “Board” means the Bail Bond Recovery and Private Investigator Licensure Board created in Section 53-11-104. 53-9-102(7) “Bureau” means the Bureau of Criminal Identification created in Section 53-10-201. 53-9-102(8) “Commissioner” means the commissioner of the Department of Public Safety. 53-9-102(9) “Conviction” means an adjudication of guilt by a federal, state, or local court resulting from trial or plea, including a plea of no contest, regardless of whether the imposition of sentence was suspended. 53-9-102(10) “Department” means the Department of Public Safety. 53-9-102(11) “Direct supervision” means that the agency or employer:is responsible for, and authorizes, the type and extent of work assigned;reviews and approves all work produced by the apprentice before it goes to the client;closely supervises and provides direction and guidance to the apprentice in the performance of his assigned work; andis immediately available to the apprentice for verbal contact, including by electronic means. 53-9-102(12) “DOD civilian” means the same as that term is defined in Section 53H-11-202. 53-9-102(13) “Emergency action” means a summary suspension of a license pending revocation, suspension, or probation in order to protect the public health, safety, or welfare. 53-9-102(14) “Employee” means an individual who works for an agency or other employer, is listed on the agency’s or employer’s payroll records, and is under the agency’s or employer’s direction and control. An employee is not an independent contractor. 53-9-102(15) “Identification card” means a card issued by the commissioner to a qualified applicant for an agency, registrant, or apprentice license. 53-9-102(16) “Letter of concern” means an advisory letter to notify a licensee that while there is insufficient evidence to support probation, suspension, or revocation of a license, the department informs the licensee of the need to modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the licensee. 53-9-102(17) “Licensee” means a person to whom an agency, registrant, or apprentice license is issued by the department. 53-9-102(18) “Private investigator or private detective” means any person, except collection agencies and credit reporting agencies, who, for consideration, engages in business or accepts employment to conduct any investigation for the purpose of obtaining information with reference to:crime, wrongful acts, or threats against the United States or any state or territory of the United States;the identity, reputation, character, habits, conduct, business occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements, whereabouts, affiliations, associations, or transactions of any person or group of persons;the credibility of witnesses or other persons;the whereabouts of missing persons or owners of abandoned property;the causes and origin of, or responsibility for a fire, libel, slander, a loss, an accident, damage, or an injury to real or personal property;the business of securing evidence to be used before investigating committees or boards of award or arbitration or in the trial of civil or criminal cases and the trial preparation;the prevention, detection, and removal of installed devices for eavesdropping or observation;the business of “skip tracing” persons who have become delinquent in their lawful debts, either when hired by an individual, collection agency, or through the direct purchase of the debt from a financial institution or entity owning the debt or judgment; orserving civil process.”Private investigator or private detective” does not include:any person or employee conducting an investigation on the person’s or employee’s own behalf or on behalf of the employer if the employer is not a private investigator under this chapter;an employee of an attorney licensed to practice law in this state; ora currently licensed certified public accountant or CPA as defined in Section 58-26a-102. 53-9-102(19) “Qualifying party” means the individual meeting the qualifications under this chapter for a private investigator license. 53-9-102(20) “Registrant” means any person who holds a registrant license pursuant to this chapter. The registrant performs private investigative work either as an employee on an employer’s payroll or, on a contract with an agency, part-time, or case-by-case basis, with a minimum amount of direction. 53-9-102(21) “Restructuring” means any change in the legal status of a business. 53-9-102(22) “Unprofessional conduct” means any of the following:engaging or offering to engage by fraud or misrepresentation in any activities regulated by this chapter;aiding or abetting a person who is not licensed pursuant to this chapter in representing that person as a private investigator or registrant in this state;gross negligence in the practice of a private investigator or registrant;failing or refusing to maintain adequate records and investigative findings on a subject of investigation or a client;committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension, or revocation of an agency, registrant, or apprentice license. In all cases, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission of the crime; ormaking a fraudulent or untrue statement to the bureau, board, department, or its investigators, staff, or consultants.
53-9-103 - Commissioner of Public Safety to administer — Bureau to issue licenses — Records — Bonds — Rulemaking.
53-9-103(1) The commissioner shall administer this chapter. 53-9-103(2) The bureau, acting at the direction of the commissioner, shall issue a private investigator license to an applicant whom the board finds meets the qualifications for licensure under this chapter. The bureau shall issue a license to an apprentice applicant who meets the qualifications for licensure under this chapter within five business days of receipt of the application. The bureau shall notify each licensee under this chapter when a licensee’s license is due for renewal in accordance with procedures established by rule. 53-9-103(3) The bureau shall keep records of: all applications for licenses under this chapter; and all bonds and proof of certificates of liability and workers’ compensation insurance required to be filed. The records shall include statements as to whether a license or renewal license has been issued for each application. 53-9-103(4) If a license is revoked, suspended, canceled, or denied or if a licensee is placed on probation, the date of filing the order for revocation, suspension, cancellation, denial, or probation shall be included in the records. 53-9-103(5) The bureau shall maintain:
a list of all licensees whose license has been revoked, suspended, placed on probation, or canceled; and a written record of complaints filed against licensees. 53-9-103(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner may make rules governing the administration of the provisions of this chapter.
53-9-107 - Classification of licenses — License required to act.
53-9-107(1) Every person applying for a license under this chapter shall indicate on the application which of the following licenses the applicant is applying for:
an agency license shall be issued to an applicant who meets the agency requirements of Sections 53-9-108 and 53-9-109; a registrant license shall be issued to an applicant who meets the registrant requirements of Sections 53-9-108 and 53-9-110; or an apprentice license shall be issued to an applicant who meets the apprentice requirements of Sections 53-9-108 and 53-9-110. 53-9-107(2) Unless licensed under this chapter, a person may not:
act or assume to act as, or represent himself to be: a licensee; or a private investigator or private detective as defined in Section 53-9-102 or conduct any investigation as described in the definition of private investigator or private detective; or falsely represent to be employed by or for an independent contractor for an agency. 53-9-107(3) A licensed registrant, as defined in Section 53-9-102, may only work as an employee of, or as an independent contractor for, an agency licensed under this chapter, and may not:
advertise the licensed registrant’s services or conduct investigations for the general public; or employ other private investigators or hire them as independent contractors. 53-9-107(4) A licensed apprentice, as defined in Section 53-9-102, may only work under the direct supervision and guidance of an agency licensed under this chapter, and may not: advertise the licensed apprentice’s services or conduct investigations for the general public; employ other private investigators; or 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 information from these agencies for a legitimate business need and under the direct supervision and guidance of a licensed agency. A registrant or apprentice whose license has been suspended or revoked shall immediately notify the agency which supervises the registrant or apprentice of the action.
53-9-108 - Qualifications for licensure.
53-9-108(1) An applicant under this chapter shall be at least:21 years old to apply for an agency license or a registrant license; or18 years old to apply for an apprentice license.An applicant may not have been:convicted of a felony;convicted of an act involving illegally using, carrying, or possessing a dangerous weapon;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;convicted of an act constituting dishonesty or fraud;convicted of an act involving moral turpitude within the past 10 years unless the conviction has been expunged under the provisions of Title 77, Chapter 40a, Expungement of Criminal Records;placed on probation or parole;named in an outstanding arrest warrant; orconvicted of illegally obtaining or disclosing private, controlled, or protected records as provided in Section 63G-2-801.If previously or currently licensed in another state or jurisdiction, the applicant shall be in good standing within that state or jurisdiction. 53-9-108(2) In assessing if an applicant meets the requirements under Subsection (1)(b), the board shall consider mitigating circumstances presented by an applicant. 53-9-108(3) An applicant for an agency license shall have:a minimum of 5,000 hours of investigative experience that consists of actual work performed as a licensed private investigator, an investigator in the private sector, an investigator for the federal government, or an investigator for a state, county, or municipal government; orif the applicant held a registrant license or an apprentice license under this chapter on or before May 1, 2010, a minimum of 2,000 hours of investigative experience that consists of actual work performed as a licensed private investigator, an investigator in the private sector, an investigator for the federal government, or an investigator for a state, county, or municipal government.An applicant for a registrant license shall have a minimum of 2,000 hours of investigative experience that consists of actual investigative work performed as a licensed private investigator, an investigator in the private sector, an investigator for the federal government, an investigator for a state, county, or municipal government, or a process server.At least 1,000 hours of the investigative experience required under this Subsection (3) shall have been performed within 10 years immediately prior to the application.An applicant shall substantiate investigative work experience required under this Subsection (3) by providing:the exact details as to the character and nature of the investigative work on a form prescribed by the bureau and certified by the applicant’s employers; orif the applicant is applying for the reinstatement of an agency license, internal records of the applicant that demonstrate the investigative work experience requirement has previously been met.The applicant shall prove completion of the investigative experience required under this Subsection (3) to the satisfaction of the board and the board may independently verify the certification offered on behalf of the applicant.The board may independently confirm the claimed investigative experience and the verification of the applicant’s employers. 53-9-108(4) An applicant for an apprentice license, lacking the investigative experience required for a registrant license, shall meet all of the qualification standards in Subsection (1), and shall complete an apprentice application. 53-9-108(5) An applicant for an agency or registrant license may receive credit toward the hours of investigative experience required under Subsection (3) as follows:an applicant may receive credit for 2,000 hours of investigative experience if the applicant:has an associate’s degree in criminal justice or police science from an accredited college or university; oris certified as a peace officer; andan applicant may receive credit for 4,000 hours of investigative experience if the applicant has a bachelor’s degree in criminal justice or police science from an accredited college or university. 53-9-108(6) The board shall determine if the applicant may receive credit under Subsection (5) toward the investigative and educational experience requirements under Subsection (3).
53-9-109 - Application for agency license — Liability insurance — Workers’ compensation.
53-9-109(1) Every application for an agency license to engage in the private investigative business shall provide to the bureau:
the full name and business address of the applicant; one passport-size color photograph of the applicant; the name under which the applicant intends to do business; a statement that the applicant intends to engage in the private investigative business; a verified statement of the applicant’s experience and qualifications as provided in Section 53-9-108; and the fee prescribed in Section 53-9-111. 53-9-109(2) Before the issuance or renewal of an agency license, the applicant shall provide to the bureau:
a certificate of liability insurance; and a certificate of workers’ compensation insurance, if applicable. 53-9-109(3) The liability insurance required by this section shall:
protect against liability to third persons; contain a limit of liability in an amount of not less than $500,000; be continuous in form and run concurrently with the license period; and provide for notice to the bureau in the event of cancellation of the liability insurance. 53-9-109(4) The bureau shall cancel a license when it receives notice from the insurer that liability insurance required under Subsection (2) has expired or been canceled. The licensee shall be notified by the bureau when a license has been cancelled under this Subsection (4). The license may be reinstated when the licensee: files proof of liability insurance for the remainder of the license period; and pays the reinstatement fee prescribed in Section 53-9-111.
53-9-110 - Application for registrant or apprentice license.
53-9-110(1) Every application for a registrant or apprentice license shall provide to the bureau:the full name and address of the applicant;one passport-size color photograph of the applicant;the name of the licensed agency for which the applicant will be an employee, apprentice, or contract registrant, if applicable;authorization of the licensed agency or licensed agency’s designee to employ the apprentice or contract with the registrant, if applicable;a verified statement of the applicant’s experience and qualifications as provided in Section 53-9-108; andthe fee required by Section 53-9-111. 53-9-110(2) An application for a registrant or apprentice license or renewal shall include a surety bond in the amount of $10,000. 53-9-110(3) The surety bond required by this section shall:be in effect throughout the entire licensing period; andprovide that the issuer of the surety bond shall notify the bureau if the surety bond is cancelled or expired. 53-9-110(4) The bureau shall cancel a license when the bureau receives notice from the issuer that the surety bond required in Subsection (2) has expired or been cancelled.The bureau shall notify the licensee and the licensee’s sponsoring agent when the bureau cancels a license under Subsection (4)(a).The bureau may reinstate a license when the licensee:files proof of a surety bond for the remainder of the license period; andpays the reinstatement fee required by Section 53-9-111.
53-9-111 - License fees — Renewal, reinstatement of license — Deposit of fees in General Fund.
53-9-111(1) The bureau shall set fees for individual and agency licensure and renewal in accordance with Section 63J-1-504. 53-9-111(2) The bureau may renew a license granted under this chapter upon receipt of:a renewal application on forms as required by the bureau; andthe fees required by Subsection (1).The renewal of a license requires the filing of: all certificates of insurance or proof of surety bond as required by this chapter; andbeginning May 7, 2027, documentation of 16 hours of continuing education.The bureau may not renew a license more than 180 days after expiration.A licensee may not engage in activity subject to this chapter during the period between the date of expiration of the license and the renewal of the license. 53-9-111(3) The bureau shall renew a suspended license if:the period of suspension is complete;the bureau has received a renewal application from the applicant on forms as required by the bureau; andthe applicant has:filed all certificates of insurance or proof of surety bond as required by this chapter; andpaid the fees required by this section for renewal, including a delinquency fee if the bureau does not receive the application within 30 days after the day on which the bureau terminates the suspension.Renewal of the license does not entitle the licensee, while the license remains suspended and until the license is reinstated, to engage in activity regulated by this chapter, or in other activity or conduct in violation of the order or judgment by which the license was suspended. 53-9-111(4) The bureau may not reinstate a revoked license or accept an application for a license from a person whose license has been revoked for at least one year after the date of revocation. 53-9-111(5) The bureau shall deposit fees, except the fingerprint processing fee, collected by the bureau under this section into the General Fund.
53-9-112 - Issuance of license and identification card to applicant — License period — Expiration of application — Transfer of license prohibited.
53-9-112(1) The commissioner shall issue a license to an applicant who complies with the provisions of this chapter. Each license issued under this chapter shall:contain the name and address of the licensee, the license, the license number, and the license’s agency, registrant, or apprentice license designation; andbe issued for a period of two years. 53-9-112(2) On the issuance of a license, an identification card shall:be issued without charge to the licensee; andstate on the identification card’s face: whether the bearer holds an agency, registrant, or apprentice license;the license number;the expiration date; anda current photograph of the licensee. 53-9-112(3) A registrant identification card shall state that the licensee is under the direction of a licensed agency and may not do investigative work independently for the public.An apprentice identification card shall state that the licensee is under the direct supervision of a licensed agency and may not do investigative work independently for the public. 53-9-112(4) Upon request by a person having reasonable cause to verify the validity of the license, the licensee shall immediately identify the agency name and the name and phone number of an agent of the licensed agency for which the licensee is an employee or independent contractor. 53-9-112(5) On notification by the commissioner to an applicant that the license is not complete, or is not ready for issuance pending additional information, the applicant shall complete the application process and provide the additional information within 90 days.Failure to complete the process shall result in the application being cancelled and all fees forfeited.Subsequent application by the same applicant requires the payment of all application and license fees required by Section 53-9-111. 53-9-112(6) A licensee shall notify the commissioner of any change in the name or address of the licensee’s business within 60 days of the change.If there is evidence that the licensee knowingly failed to notify the commissioner, the bureau shall suspend the license.To relieve the suspension, the licensee shall apply for reinstatement and pay the fee required by Section 53-9-111. 53-9-112(7) A license issued under this chapter is not transferable or assignable.
53-9-113 - Grounds for denial of a license — Appeal.
53-9-113(1) The board may deny a license or the renewal of a license if the applicant has:
committed an act that, if committed by a licensee, would be grounds for probation, suspension, or revocation of a license under this chapter; employed or contracted with a person who has been refused a license under this chapter or who has had a license revoked; while not licensed under this chapter, committed, or aided and abetted the commission of, any act for which a license is required by this chapter; or knowingly made a material misstatement in connection with an application for a license or renewal of a license. 53-9-113(2) The board’s denial of a license under this chapter shall: be in writing; describe the basis for the denial; and inform the applicant that if the applicant desires a hearing to contest the denial, the applicant shall submit a request in writing to the board within 30 days after the denial has been sent by certified mail to the applicant. The board shall schedule a hearing on the denial for the next board meeting after the applicant’s request for a hearing has been received by the board. 53-9-113(3) The decision of the board may be appealed to the commissioner, who may:
return the case to the board for reconsideration; modify the board’s decision; or reverse the board’s decision. 53-9-113(4) The commissioner shall promptly issue a final order and send the order by mail to the applicant. 53-9-113(5) Decisions of the commissioner are subject to judicial review pursuant to Section 63G-4-402.
53-9-115 - Business name and address — Posting of license — Advertising — Incapacitation, death of agent.
53-9-115(1) As used in this section, “no agent agency” means a licensed agency that has only one agent and for which the agent is incapacitated or dies. 53-9-115(2) Subject to the provisions of this chapter, a licensee may conduct an investigative business under a name other than the licensee’s by:complying with the requirements of Title 42, Chapter 2, Conducting Business Under Assumed Name; andproviding a copy of the filed certificate to the commissioner.Failure to comply with Subsection (2)(a) shall result in the suspension of the license. 53-9-115(3) Each licensee shall have at least one physical location from which the agency conducts normal business. The address of this location shall be on file with the commissioner at all times and is not a public record in accordance with Subsection 63G-2-301(2)(b)(ii). 53-9-115(4) A licensee shall post the license certificate issued by the commissioner in a conspicuous place in the principal office of the licensee. 53-9-115(5) Subject to the provisions of this chapter, a licensee may solicit business through any accepted form of advertising.Any advertisement shall contain the licensee’s name and license number as the name and license number appear on the license certificate.A licensee may not use false, deceptive, or misleading advertising. 53-9-115(6) The bureau, after receiving notice, shall allow an agent for an agency licensed under this chapter to act as the agent for a no agent agency until the next scheduled or emergency board meeting, where the board shall consider mitigating circumstances for the no agent agency to remain operating permanently or temporarily.If the board allows the no agent agency to operate temporarily, the board shall allow sufficient time for the no agent agency to complete investigations that began before the incapacitation or death of the agent.
53-9-116 - Divulging investigative information — False reports prohibited.
53-9-116(1) Except as otherwise provided by this chapter, a licensee may not divulge or release to anyone other than the licensee’s client or employer the contents of an investigative file acquired in the course of licensed investigative activity. However, the board shall have access to investigative files if the client for whom the information was acquired, or the client’s lawful representative, alleges a violation of this chapter by the licensee or if the prior written consent of the client to divulge or release the information has been obtained. 53-9-116(2) A licensee may not willfully make a false statement or report to a client, employer, the board, or any authorized representative of the department, concerning information acquired in the course of activities regulated by this chapter. 53-9-116(3) The licensee shall submit investigative reports to a client at times and in the manner agreed upon between the licensee and the client. 53-9-116(4) Upon demand by the client, the licensee shall divulge to the client the results of an investigation if payment in full has been tendered for the charges levied. 53-9-116(5) The licensee has full right to withdraw from any case and refund any portion of a retainer for which investigative work has not been completed.
53-9-117 - Authority to investigate complaint — Filing of complaints — Response — Retention of records — Appeal — Penalties collected.
53-9-117(1) The bureau or board may initiate an investigation of any person advertising services or engaged in performing services that require a license under this chapter and shall investigate if a licensee is engaged in activities that do not comply with or are prohibited by this chapter. 53-9-117(2) The bureau shall enforce the provisions of this chapter without regard to the place or location in which a violation may have occurred, and on the complaint of any person, may investigate any alleged violation of this chapter or the business and business methods of any licensee or applicant for licensure under this chapter. 53-9-117(3) A person shall file a complaint against any licensee with the bureau in writing on forms approved by the bureau.Upon receipt of a complaint, or at the request of the board, the bureau shall assign the complaint to an investigator within the bureau.The bureau shall provide a copy of the complaint to the licensee, who shall answer the complaint in writing within 15 working days after the date on which the bureau sends the complaint to the licensee by certified mail. 53-9-117(4) In any investigation undertaken by the bureau, each licensee on request shall provide records and truthfully respond to questions concerning activities regulated under this chapter.The licensee shall maintain the records for five years at: the principal place of business of the licensee; or another location the board approves for a person whose license has been terminated, canceled, or revoked.On request by the bureau, the licensee shall:during normal business hours or other time acceptable to the parties, make the licensee’s records available immediately to the bureau unless the bureau grants an extension; andprovide copies of any business records the bureau requests. 53-9-117(5) Upon completion of the investigation, the bureau shall report the bureau’s findings of fact to the board and shall make a recommendation as to whether disciplinary action is warranted under Section 53-9-118, including whether emergency action should be taken under Subsection (8). 53-9-117(6) If the bureau recommends disciplinary action, the bureau shall send a notice of a recommendation required by Subsection (5) to the licensee by certified mail.The notice shall include the date and time of the meeting where the board will consider the bureau’s recommendation.The board shall give the licensee an opportunity at the meeting to present testimony and evidence in response to the bureau’s recommendation. 53-9-117(7) If the board finds, based on the investigation or hearing, that a violation of Section 53-9-118 has occurred, the board shall send notice of the board’s decision to: the licensee at the licensee’s most recent address in the bureau’s files by certified mail, return receipt requested; andthe licensee’s sponsoring agent if the licensee is an apprentice or a registrant. 53-9-117(8) Based on information the board receives from the investigation or during a hearing, the board may:dismiss the complaint if the board finds the complaint is without merit;take emergency action;issue a letter of concern, if applicable;impose a civil penalty not to exceed $500;place the license on suspension for a period of not more than 12 months;revoke the license; andplace all records, evidence findings, and conclusion, and any other information pertinent to the investigation, in a confidential and protected records section of the licensee’s file maintained at the bureau. 53-9-117(9) A letter of concern issued for a violation of Section 53-9-118 is a document that is retained by the bureau and may be used in future disciplinary actions against a licensee. 53-9-117(10) Appeal of the board’s decision shall be made in writing to the commissioner within 15 days from the date the board mails the board’s decision to the licensee.The commissioner shall review the board’s finding and may affirm, return to the board for reconsideration, reverse, adopt, modify, supplement, amend, or reject the recommendation of the board. 53-9-117(11) The commissioner shall issue a final written order within 30 days outlining the decision on appeal.The final order is final agency action for purposes of judicial review under Section 63G-4-402. 53-9-117(12) If the board finds, based on the bureau’s investigation, that the public health, safety, or welfare requires emergency action, the board may order a summary suspension of a license pending proceedings for revocation or other action.If the board issues a summary suspension order, the board shall issue to the licensee a written notice of the order and indicate the licensee’s right to request a formal hearing before the board. The board shall mail notice to the licensee by certified mail, return receipt requested.A licensee shall request a formal hearing in writing and mail the request to the bureau within 30 working days of the date the board mailed the summary suspension order to the licensee. 53-9-117(13) All penalties collected under this section shall be deposited into the General Fund.
53-9-118 - Grounds for disciplinary action.
The board may suspend or revoke a licensee’s license or deny an application for a license if a person: 53-9-118(1) engages in fraud or willful misrepresentation in applying for an original license or renewal of an existing license; 53-9-118(2) uses any letterhead, advertising, or other printed matter in any manner representing that the licensee is an instrumentality of the federal government, a state, or any political subdivision of a state; 53-9-118(3) uses a name different from that under which the licensee is currently licensed for any advertising, solicitation, or contract to secure business unless the name is an authorized fictitious name; 53-9-118(4) impersonates, permits, or aids and abets an employee or independent contractor to impersonate a peace officer or employee of the United States, any state, or a political subdivision of a state; 53-9-118(5) knowingly violates, advises, encourages, or assists in the violation of any statute, court order, or injunction in the course of a business regulated under this chapter; 53-9-118(6) falsifies fingerprints or photographs while operating under this chapter; 53-9-118(7) is convicted of a felony; 53-9-118(8) is convicted of any act involving illegally using, carrying, or possessing a dangerous weapon; 53-9-118(9) is convicted of any act involving moral turpitude; 53-9-118(10) is convicted of any act of personal violence or force against any person or conviction of threatening to commit any act of personal violence or force against any person; 53-9-118(11) solicits business for an attorney in return for compensation; 53-9-118(12) is convicted of any act constituting dishonesty or fraud; 53-9-118(13) is placed on probation, parole, or named in an outstanding arrest warrant; 53-9-118(14) commits or permits any employee or independent contractor to commit any act during the period when the license is expired or suspended; 53-9-118(15) willfully neglects to render to a client services or a report as agreed between the parties and for which the client paid or tendered compensation in accordance with the agreement of the parties unless the licensee chooses to withdraw from the case and returns the funds for work not yet completed; 53-9-118(16) engages in the unauthorized release of information acquired on behalf of a client by a licensee, or the client’s employee or contract agent, as a result of activities regulated under this chapter; 53-9-118(17) fails to cooperate with, misrepresents to, or refuses access to business or investigative records requested by the board or an authorized representative of the bureau engaged in an official investigation in accordance with this chapter; 53-9-118(18) employs or contracts with any unlicensed or improperly licensed person or agency to conduct activities regulated under this chapter if the licensure status was known or could have been ascertained by reasonable inquiry; 53-9-118(19) permits, authorizes, aids, or in any way assists an employee to conduct services as described in this chapter on an independent contractor basis and not under the authority of the licensed agency; 53-9-118(20) fails to maintain in full force and effect liability or workers’ compensation insurance, or a surety bond, if applicable; 53-9-118(21) conducts private investigation services regulated by this chapter on a revoked or suspended license; 53-9-118(22) accepts employment, contracts, or in any way engages in employment that has an adverse impact on investigations being conducted on behalf of clients; 53-9-118(23) advertises in a false, deceptive, or misleading manner; 53-9-118(24) refuses to display the identification card issued by the bureau to any person having reasonable cause to verify the validity of the license; 53-9-118(25) commits any act of unprofessional conduct; 53-9-118(26) is convicted of any act of illegally obtaining or disseminating private, controlled, or protected records under Section 63G-2-801; 53-9-118(27) fails to notify the bureau of a change of name or address within 60 days of the change; or 53-9-118(28) engages in any other conduct prohibited by this chapter.
53-9-119 - Violation — Penalty.
Any person who violates any provision of this chapter is guilty of a class A misdemeanor.
53-9-121 - Limited-use license.
53-9-121(1) As used in this section:
“Legislative body” means: the Legislature; the Utah House of Representatives; the Utah Senate; a special investigative committee; or a staff office of the Legislature. “Special investigative committee” is as defined in Subsection 36-12-9(1). 53-9-121(2) Notwithstanding any provision of this chapter, a person is qualified to receive a limited-use license if the person:
is licensed, in good standing, by another state, district, or territory of the United States to provide the services of a private investigator or private detective; and is retained by a legislative body to provide the services of a private investigator or private detective for: a special investigative committee; or a purpose relating to impeachment. 53-9-121(3) A person holding a limited-use license may only provide the services described in Subsection (2)(b). 53-9-121(4) The bureau shall issue a limited-use license to a person within five days after the day on which the bureau receives notice from a legislative body that:
the person meets the qualifications described in Subsection (2)(a); and the legislative body has retained the person to provide the services described in Subsection (2)(b). 53-9-121(5) The bureau may not:
impose a qualification for the receipt of a limited-use license other than the qualifications described in Subsection (2)(a); or charge a fee to issue a limited-use license. 53-9-121(6) A limited-use license expires when the person to whom it is issued is no longer retained by a legislative body to provide a service described in Subsection (2)(b).
53-9-122 - Exemptions from licensure.
Except as otherwise provided by statute or rule, the following individuals may engage in the practice of an occupation or profession regulated by this chapter, subject to the stated circumstances and limitations, without being licensed under this title: 53-9-122(1) an individual licensed under the laws of this state, other than under this chapter, to practice or engage in an occupation or profession, while engaged in the lawful, professional, and competent practice of that occupation or profession; 53-9-122(2) an individual serving in the armed forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs, or any other federal agency while engaged in activities regulated under this title as a part of employment with that federal agency if the individual holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and 53-9-122(3) the spouse of an individual serving in the armed forces of the United States or the spouse of a DOD civilian while the individual or DOD civilian is stationed within this state, if:the spouse holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; andthe license is current and the spouse is in good standing in the state or jurisdiction of licensure.