ND Private Investigator cheat sheet

North Dakota licenses private investigators at the individual level and private investigation agencies at the firm level; an agency must have a designated licensed investigator in responsible charge of its operations.

Individual applicants must be at least 18 years old, of good moral character, and must not have been convicted of a felony or a crime involving dishonesty or moral turpitude that bears on fitness to investigate.

Applications are filed with the Private Investigation and Security Board on Board-prescribed forms, signed under oath, and accompanied by the required fee; incomplete or false applications are grounds for denial.

Fingerprints and a criminal history background check are part of the application process; the Board may also require a photograph and personal identification information.

Experience or training requirements must be documented at the time of application; the Board evaluates qualifying investigative employment, education, or apprenticeship before approving eligibility.

Agency applicants must identify the qualifying licensed investigator, the business name, and the physical business address; a post office box alone is not sufficient as a principal place of business.

A license is not transferable and is issued to the named person or agency; changes in ownership, business name, or the designated responsible investigator require notice and Board action.

A person may not advertise, solicit, or perform private investigation services for compensation before a license is issued; operating while unlicensed is subject to denial, suspension, and penalties.

Applicants must disclose all prior licensure, disciplinary actions, and criminal history truthfully; omissions are treated as material misrepresentations even if the underlying event would not have barred licensure.

Chapter 43-30 is the statutory chapter governing private investigators and private investigation agencies; Title 93 contains the Board's administrative rules that implement the chapter.

The Private Investigation and Security Board administers licensing, investigates complaints, and may deny, suspend, revoke, or condition a license after notice and an opportunity for hearing.

Licensees must carry the identification and license credentials the Board requires and must display or produce them on request while performing regulated services.

Grounds for discipline include fraud or misrepresentation, unauthorized practice, conviction of disqualifying crimes, and failure to cooperate with a Board investigation.

Continuing obligations include keeping the Board informed of address and employment changes and renewing the license before expiration; late renewal may require reinstatement and additional fees.

The Board may issue subpoenas, administer oaths, and compel attendance of witnesses and production of records in connection with any investigation or hearing.

Hearings follow the Board's procedural rules and the state administrative procedure act; a licensee may be represented by counsel and may appeal a final order.

Confidential information obtained in an investigation may be disclosed only as authorized by law or Board rule; unauthorized disclosure is itself a disciplinary violation.

Penalties for unlicensed activity or rule violations can include administrative fines, cease-and-desist orders, and referral for criminal prosecution where the statute provides.