ND Private Investigator flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Minimum age to be licensed
- An individual applying for a North Dakota private investigator license must be at least 18 years old, in addition to meeting character and background requirements.
- Designated responsible investigator
- A licensed private investigation agency must have a licensed investigator designated as responsible for the agency's investigative operations and accountable to the Board.
- Board that issues PI licenses
- The Private Investigation and Security Board administers licensing and discipline for private investigators and private investigation agencies under Chapter 43-30 and Title 93.
- Fingerprint background check
- Applicants submit fingerprints so a criminal history check can be completed; results are reviewed by the Board when deciding whether the applicant is fit for licensure.
- Application signed under oath
- Applications are made on Board forms, sworn to by the applicant, and must be complete and truthful; false statements are grounds for denial or discipline.
- Documenting qualifying experience
- Applicants must show the investigative employment, training, or education the Board requires; unsupported claims of experience do not satisfy the eligibility standard.
- Agency physical business address
- An agency application must identify the business name and a physical principal place of business; a post office box alone does not satisfy the requirement.
- License is not transferable
- A license belongs to the named individual or agency; it cannot be sold or assigned, and ownership or name changes require Board notice and approval.
- Unlicensed practice prohibition
- Advertising, soliciting, or performing private investigation services for compensation before a license is issued violates the licensing statute and can bar future licensure.
- Disclosing prior discipline
- Applicants must report all prior licenses, disciplinary actions, and criminal history; omitting a matter is a misrepresentation even if it would not have barred licensing.
- Renewal and expiration
- Licenses must be renewed before expiration; a late renewal can require reinstatement steps and additional fees, and practicing on an expired license is unlicensed activity.
- Denial of a license
- The Board may refuse to issue a license when the applicant lacks required qualifications, has disqualifying criminal history, or made false statements in the application.
- Good moral character
- Applicants must demonstrate honesty and fitness to investigate; the Board weighs criminal history, dishonesty offenses, and conduct bearing on trustworthiness.
- Change of address notice
- A licensee must notify the Board of changes to the address or employment information on record so official notices and service of process reach the licensee.
- Chapter 43-30 subject matter
- Chapter 43-30 is the North Dakota statute establishing licensing of private investigators and agencies and the authority of the Private Investigation and Security Board.
- Title 93 administrative rules
- Title 93 contains the Board's adopted rules that implement the licensing statute, covering application procedures, standards of conduct, and disciplinary process.
- Grounds for disciplinary action
- Discipline may rest on fraud, misrepresentation, unlicensed practice, disqualifying convictions, or failure to cooperate with a Board investigation, among other statutory grounds.
- Board subpoena power
- The Board may issue subpoenas, administer oaths, and compel witnesses and records during investigations and contested case hearings.
- Notice and hearing requirement
- Before denying, suspending, revoking, or conditioning a license, the Board must give notice and an opportunity for a hearing consistent with administrative procedure law.
- Right to counsel at hearing
- A licensee appearing before the Board in a contested case may be represented by an attorney and may present evidence and cross-examine witnesses.
- Appeal of final Board order
- A party aggrieved by a final Board order may seek judicial review under the state administrative procedure act after exhausting administrative remedies.
- Confidential investigation records
- Information gathered in a Board investigation is confidential and may be disclosed only as authorized by law or Board rule; unauthorized disclosure is a violation.
- Carrying license credentials
- A licensee must carry the identification and license credentials the Board requires and produce them on request while performing regulated investigative services.
- Cease-and-desist authority
- The Board may order a person engaged in unlicensed investigation activity to stop, in addition to imposing administrative penalties or referring the matter for prosecution.
- Administrative fines
- The Board may impose monetary penalties for violations of the chapter or Board rules, separate from or combined with suspension, revocation, or probation.
- Probation and conditions
- The Board may impose probation or practice conditions instead of or in addition to suspension, such as supervision, additional training, or reporting requirements.
- Failure to cooperate
- Refusing to respond to a Board inquiry or produce requested records is itself a disciplinary violation independent of the underlying complaint.
- Continuing education obligation
- Where Board rules require continuing education for renewal, the licensee must document completed hours; missing documentation can delay or block renewal.
- Complaint filing process
- Any person may file a complaint with the Board, which reviews the allegation and may investigate, dismiss, or set the matter for a contested case hearing.
- Practice during suspension
- Performing investigative services while a license is suspended or revoked constitutes unlicensed practice and exposes the person to further penalties.
- Board rulemaking authority
- The Board adopts rules under Title 93 to carry out Chapter 43-30, including forms, fees, conduct standards, and hearing procedures.
- Recordkeeping by licensee
- Licensees must maintain the records and reports the Board requires and make them available on request during an investigation or audit.