Licensing of Private Investigators

October 2, 1998 98-R-1194

FROM: Veronica Rose, Principal Analyst

RE: Licensing of Private Investigators

You asked for background information on private investigators, including the procedures for licensing and revoking an investigator's license.

SUMMARY

Any business providing private detective or investigator services in the state must (1) be licensed by the Department of Public Safety (DPS) either as a private detective (if an individual) or private detective agency (if a corporation, association, or partnership) and (2) register its investigators with the department. The business must also post a $10,000 surety bond with the department.

A license applicant must complete a DPS application under oath with personal, employment, and other information. He must also submit his fingerprints and two recent photographs with the application. DPS must investigate him and determine his eligibility for licensure. He is eligible if he is at least age 25, of good moral character, and has at least (1) five years experience as a police officer or (2) 10 years experience as a full-time private investigator with a licensed private detective, a federal investigative service, a fire or police department, or the Division of Public Defender Services. The commissioner must also be satisfied with his character, competence, and integrity. An applicant is ineligible if he has been convicted of a felony or offense involving moral turpitude, was dishonorably discharged from the military, or is vested with police powers.

The license is valid for one year. The commissioner, after notice and opportunity for a hearing, may revoke or suspend it for violations of the governing statutes; fraud, deceit, or misrepresentation; incompetence or untrustworthiness; or convictions for felony or other crime affecting the licensee's honesty, integrity, or moral fitness. Aggrieved parties may appeal to the Superior Court.

To qualify for registration, an employee must be at least age 18 and have no convictions for a felony, sex offense, or any crime that would call his honesty or integrity into question. Any employee refused a license for any reason except experience or whose license has been revoked or is under suspension is ineligible.

Violations of pertinent laws are punishable by a fine of up to $5,000, imprisonment for up to one year, or both.

LICENSING REQUIREMENTS AND PROCEDURES

The law requires businesses providing private detective or investigator services to be licensed by the public safety commissioner and post a $10,000 surety bond with him. If the named principal violates the laws, the injured party may recover damages by proceeding on the bond against the principal, surety, or both (CGS §§ 29-153 and 29-155a).

An applicant must complete a written DPS application under oath. It must include (1) his full name, age, birth date and place, residences and employment in the past five years, present occupation and his employer's the name and address; (2) the date and place of conviction for any crime; and (3) any other information or documentation DPS requires. The applicant (or each person in a corporation, association, or partnership) must submit with the application two complete sets of fingerprints and two photographs taken in the last six months.

The commissioner must investigate applicants before licensing them. In practice, the investigation includes State Police and FBI background checks and may include, among others, checks on credit, employment history and performance, and, where applicable, business conduct (see attached). To be eligible for licensure, the applicant must be at least age 25 and of good moral character. He must have at least 10 years experience as a state or local police officer or five years experience as a full-time investigator. The latter must be in the employment of (1) a licensed private detective or investigator, (2) a federal government investigative service, (3) a state or organized municipal fire or police department, or (4) the Division of Public Defender Services.

The commissioner may grant a private detective license if he is satisfied that an applicant is competent and a person of integrity and good moral character. He may grant an agency license to an association or partnership if its members or directors or officers satisfy the same criteria set for individual applicants (CGS § 29-155b). If he grants a license based on the applicant's experience as a fire department investigator, the license must restrict the licensee to performing the same type of investigations he performed with the department (CGS § 29-154a). He must issue each licensee (or person in a corporation, association, or partnership) with an identification card that the licensee must carry when conducting business.

The commissioner may not license anyone (1) convicted of a felony or an offense involving moral turpitude, (2) dishonorably discharged from military service, or (3) vested with police powers. And he may not license a corporation if 10% or more of its stock is held by someone who does not meet the character standards for individual applicants (CGS §§ 29-154a, 29-154b, and 29-154c).

LICENSE REVOCATION AND SUSPENSION

The license is valid for one year. (The original fee for an individual license is $600; the renewal fee, $450. The original fee for an agency license is $750; the renewal fee, $600.) The commissioner may, after notice and opportunity for hearing, suspend or revoke it for:

The licensee may appeal the commissioner's decision to the Superior Court (CGS § 29-155a).

EMPLOYEE REGISTRATION

A licensee may employ agents, operators, and assistants he deems necessary to conduct business, provided they are of good moral character and at least age 18. He must apply to register all such new employees with DPS by completing and submitting to DPS an application for the employee similar to the license application and with similar data, including recent fingerprints and photographs of the employees. The commissioner may waive the photograph and fingerprint requirement for any employee who has been employed by a licensee in the six months before submitting the application (CGS § 29-156a).

The commissioner may not approve for employment anyone (1) convicted of a felony, sex offense, or other crime that would call into question his honesty and integrity; (2) refused a license for any reason except minimum experience; (3) whose license was revoked or is under suspension. (But this is subject to CGS § 46a-80, which prohibits state agencies from denying registration for employment because of prior criminal convictions unless certain factors pertaining to the person, crime, and position are first considered.) The commissioner must notify the licensee when he determines the employee suitable for employment. Licensees have five days to notify the commissioner when they terminate a registered employee.

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