Professional Conduct and the Complaint/Disciplinary Process
Standards of conduct
Licensees must act honestly and avoid misleading clients, courts, and the Department. They must not impersonate law enforcement, wear a badge or uniform implying police authority, make false statements to obtain information, or disclose confidential client information without consent or legal compulsion. A conflict of interest must be disclosed and, if it compromises the work, the licensee must withdraw. Advertising must be truthful and must not promise results.
Complaint and discipline process
Any person may file a complaint with the Department. The Department screens it, may investigate, and may issue a notice of violation or refer the matter to the Board. Contested cases proceed under the Montana Administrative Procedure Act, with notice, an opportunity to respond, and a hearing. The Board may dismiss, reprimand, impose probation, suspend, revoke, deny renewal, impose administrative penalties, and assess costs. A licensee must respond to Department inquiries; ignoring a complaint is itself a violation.
Worked example
A private investigator is accused of telling a witness he is with the sheriff's office to obtain a statement. Even if the statement is true, the misrepresentation is a conduct violation. The proper approach is to identify himself as a licensed private investigator, state the client, and explain the purpose. If the witness declines, he must stop; he cannot threaten arrest or detention.
Traps
Believing only clients can complain; assuming a complaint is confidential from the licensee; treating a Department request as optional; contacting the complainant directly to resolve the matter after a complaint is filed; assuming a criminal acquittal ends the licensing case, when the standards and burden differ.