PISB | Title 93: Administrative Rules

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93-01: General Administration
93-02: Private Investigative and Security Services

ARTICLE 93-01: GENERAL ADMINISTRATION

Chapter 93-01-01: Organization of Board

CHAPTER 93-01-01: ORGANIZATION OF BOARD

Section 93-01-01-01: Organization of Private Investigative and Security Board

93-01-01-01. Organization of private investigative and security board. The governor shall appoint a private investigative and security board. The board must consist of not less than five, nor more than eleven members appointed for staggered four-year terms. Appointees to the board must be knowledgeable in private investigative or private security matters. A majority of the members of the board must be actively engaged in the private investigative or security profession. It is the practice of said board that at least one member be representative of the law enforcement community to better facilitate cooperative effectiveness within the industry.

Members of the board may not receive any compensation for their service on the board, but they are entitled to be reimbursed for their expenses incurred in performing their duties in the amounts provided by law for state employees.

History: Effective April 1, 1994.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-03

ARTICLE 93-02: PRIVATE INVESTIGATIVE AND SECURITY SERVICES

Chapter
93-02-01: Private Investigative Services [Repealed]
93-02-01.1: Private Investigative Services
93-02-02: Private Security Services [Repealed]
93-02-02.1: Private Security Services
93-02-03 General Rules

CHAPTER 93-02-01: PRIVATE INVESTIGATIVE SERVICES

[Repealed effective May 1, 2000]

CHAPTER 93-02-01.1: PRIVATE INVESTIGATIVE SERVICES

Section
93-02-01.1-01: Qualifications for individuals providing private investigative services
93-02-01.1-02: Licensing of individuals providing private investigative services
93-02-01.1-03: Licensing of detective agencies
93-02-01.1-04: Registration of employees and independent Contractors of detective agencies
93-02-01.1-05: Armed personnel - possession and use of firearms in the course of providing private investigative services
93-02-01.1-06: Equivalency
93-02-01.1-07: Prohibitions
93-02-01.1-08: Surety requirements
93-02-01.1-09: License - posting
93-02-01.1-10: Issuance of pocket cards
93-02-01.1-11: Change in ownership or other application information
93-02-01.1-12: Examination restrictions

93-02-01.1-01. Qualifications for individuals providing private investigative services. To receive and maintain any license or registration from the board to provide private investigative services, an individual first must:

Be at least eighteen years of age.
Be a high school graduate or hold the equivalent of a high school diploma.
Have not been convicted or adjudged guilty in any jurisdiction of one of the following offenses or its equivalent in another jurisdiction, including juvenile adjudications that the individual has engaged in similar conduct: any felony; any class A or B misdemeanor involving an act of violence or intimidation as defined in North Dakota Century Code chapters 12.1-16 through 12.1-25 and chapter 12.1-31.2, or involving controlled substances as defined in North Dakota Century Code chapter 19-03.1; any offense involving theft as defined in North Dakota Century Code chapter 12.1-23, including shoplifting; or any other offense which must be reported to the North Dakota Bureau of Criminal Investigation under North Dakota Century Code section 12.1-32-15. This subsection will not prohibit the board from issuing a license or registration to an individual if the board determines the offense does not have a direct bearing upon the individual's ability to provide private investigative services to the public and the individual has been sufficiently rehabilitated pursuant to the provisions of North Dakota Century Code section 12.1-33-02.1, or a full pardon has been granted.
Be free of mental condition or defect which would interfere with the individual's ability to provide services in a professional and competent manner.
Have not committed an act which the board determines is indicative of bad moral character and which has a direct bearing on the applicant's ability to serve the public, including but not limited to offenses other than those listed in subsection three of this section.

The requirements in this section are in addition to any other qualifications established in this chapter. Each individual who is required to meet the qualifications of this section has a continuing duty to notify the board of any conviction or adjudication of guilt of an offense described in subsection three of this section within fourteen days of the conviction or adjudication. For individuals who are licensed or registered by the board on the effective date of this section, or who are officers or owners of at least a ten-percent interest in a licensed agency on the effective date of this section, this section applies only to convictions or adjudications of guilt which occur after the effective date of this section.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-05, 43-30-06

93-02-01.1-02. Licensing of individuals providing private investigative services.

An individual providing private investigative services must obtain a license from the board to provide those services unless the individual is registered as an employee or independent contractor of an agency which is licensed under this chapter and is providing those services within the scope of the individual's relationship with the agency. An agency is responsible for registering its employees and independent contractors under section 93-02-01.1-04. This section does not apply to individuals who are exempt from the board's jurisdiction under North Dakota Century Code section 43-30-02.
An individual is qualified to be licensed to provide private investigative services if the individual has passed an examination conducted by or under the supervision of the board within the twelve months preceding the date of the individual's application for the license and has provided two thousand hours of private investigative services as a registered employee of a detective agency. The experience requirement in this subsection does not apply to an individual who holds a license on the effective date of this section unless the individual's license lapses and is not renewed within one year pursuant to section 93-02-03-03.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-05, 43-30-06

93-02-01.1-03. Licensing of detective agencies. Any individual or entity hiring another person to perform private investigative services must obtain a detective agency license. An individual who applies for an agency license must be currently licensed in this state to provide private investigative services. An entity which applies for an agency license must have at least one owner, member, or partner who is licensed to provide private investigative services and who will be responsible for all agency personnel providing those services. All non-licensed officers and owners of at least a ten-percent interest in the entity must be listed on the application and meet the qualifications in section 93-02-01.1-01.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-09

93-02-01.1-04. Registration of employees and independent contractors of detective agencies.

For the purposes of this chapter, the terms "employee" and "employment" refer to an employer-employee relationship in which the employee is working for compensation, the employer directly or indirectly controls the employee's conduct, and the employer pays taxes or makes other payments because of the employment.
An individual providing private investigative services as an employee or independent contractor of a detective agency who is not licensed to provide those services must have a registration from the board. The agency is responsible for obtaining registration for all of its employees and independent contractors.
A detective agency may not employ or contract with an unregistered or unlicensed person to provide private investigative services on behalf of the agency. A person employed or contracted by a detective agency who does not provide any private investigative services need not be registered or licensed.
A detective agency is responsible for any activities of its licensed or registered employees and independent contractors and may be subject to administrative action by the board for the activities of its licensed or registered employees and independent contractors.
A registered employee or independent contractor may not provide private investigative services unless the employee or independent contractor is under the supervision of an individual who is licensed to provide private investigative services.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-05, 43-30-16

93-02-01.1-05. Armed personnel - possession and use of firearms in the course of providing private investigative services. It is unlawful for any individual, including agency personnel, to carry a firearm while providing private investigative services unless the individual carrying the firearm:

Is in compliance with all existing state and federal laws governing weapons or firearms, including certification and licensing when necessary;
Has completed the same requirements for firearms training as is required for North Dakota peace officers. However, if the individual fails the written examination or shooting course twice, the individual must wait at least thirty days to retake the failed portion, and if the individual fails the written examination or shooting course a third time, the individual must wait a full year before retaking the written examination or shooting course; and
Has provided at least one thousand hours of private investigative or private security services

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04

93-02-01.1-06. Equivalency. The board may waive part of or all of any training or experience requirements for individuals licensed or registered by the board based upon equivalent training or experience in any combination of the following: private security or private investigation in another state with equal or similar requirements; law enforcement in any jurisdiction with equal or similar requirements; military investigation; proprietary investigation, provided that equal or similar requirements for training as required by this chapter were met; or equivalent training in any educational institution in relevant subject matters.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04

93-02-01.1-07. Prohibitions.

No individual, while providing private investigative services, may:
1. Wear, carry, use, display, or possess any identification, badge, uniform, patch, insignia, sign, decal, or other form of identification;
2. Make or utter any statement; or
3. Use, control, possess, or own any motor vehicle of any kind which is marked or identified by any sign, insignia, decal, equipment, device, or contrivance
which could or might reasonably lead the general public to believe or assume that the individual has any police-type powers or that the individual or vehicle is associated in any way with a governmental law enforcement agency or other governmental agency. Examples of prohibited conduct include use of the word "police", the great seal of the state of North Dakota or the seal of any political subdivision; or use of any type of common or customary military rank.
No individual licensed or registered by the board under this chapter, including the holder of an agency license, may be employed full time or part time in any capacity wherein such individual has any police-type powers or access to any official law enforcement records.
No individual licensed or registered by the board under this chapter may solicit or accept any commission or deputization that in any way involves the authority to use or employ, or the use or employment of, any police-type powers, except that of a special deputy sheriff or special police officer, and then, only in the case of an emergency or disaster and only for the immediate time of the emergency or disaster.
As used in this section, positions with police-type powers do not include official volunteer civil defense positions or membership in the national guard, reserve, or regular armed forces of the United States, but include positions or membership in the military police, security police, or similar police functions of the regular armed forces of the United States.
Expert witnesses, including law enforcement officials, are exempt from being licensed or registered to provide private investigative services when used to review or research information that has been gathered or a field review of the scene is conducted, so long as there is no personal contact, such as interviewing witnesses, suspects, victims, or the use of confidential law enforcement information or records.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 12.1-13-04

93-02-01.1-08. Surety requirements.

Before a license to provide private investigative services can be issued to any individual or agency, the applicant must file with the board a certificate of insurance executed by the applicant and by an insurance company in the sum of three hundred thousand dollars of general liability with errors and omissions insurance.
The certificate of insurance must be conditioned on the faithful and honest conduct of the business of the applicant and the applicant's agents, employees, and independent contractors, and for the full protection of any person who deals with the applicant or the applicant's agents, employees and independent contractors. The certificate of insurance must provide that any person injured by the breach of the conditions of the insurance policy may bring an action on that insurance policy in the name of the state of North Dakota for the use of the person so injured to recover legal damages suffered by reason of breach of the conditions; provided, however, that the aggregate liability of the insurance policy, for all damages may, in no event, exceed the sum of the insurance policy. The insurance underwriter may cancel the bond or policy upon giving thirty days' notice in writing to the board and thereafter is relieved of liability for any breach of condition occurring after the effective date of the cancellation.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04

93-02-01.1-09. License - Posting. Each individual or agency which is licensed by the board shall conspicuously display that license at all times in the licensee's place of business. If the licensee has more than one office as a place of business, the licensee shall display a duplicate license at each office. An agency need not display the licenses of all the individual licensees employed or contracted by the agency. If the board revokes, suspends, or disapproves renewal of any license, the board may require the holder of the license to return the license to the board within fourteen days.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-05

93-02-01.1-10. Issuance of pocket cards.

To each individual licensed or registered by the board, the board shall issue a laminated pocket card. The board will not issue a pocket card to an individual performing private investigative services for a detective agency on a contractual basis if that individual is already licensed as a private investigator.
When a registered employee or independent contractor of a detective agency terminates employment or a contract with the agency, that individual shall return the pocket card to the agency immediately after termination. Within seven days after receiving the pocket card of the terminated individual, the agency shall mail or deliver the pocket card to the board for cancellation, along with a letter from the holder of the agency license stating the date the registered individual was terminated and the date the agency received the terminated individual's card.
If the board revokes, suspends, or disapproves the renewal of a license or registration of any individual, the board may require the individual to return the his or her pocket card within fourteen days.
If the board revokes, suspends, or disapproves renewal of a detective agency license, the board may require the agency to return the pocket cards of all its registered employees and independent contractors within fourteen days of the request by the board.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-05

93-02-01.1-11. An agency license is not transferable. A licensed detective agency must notify the board in advance of any change in ownership of the agency and a new license application form must be submitted to the board by the new owner or owners. Payment of license fees is nontransferable. Each agency licensed by the board has a continuing duty to notify the board about any changes in information provided in the license application form within fourteen days of the change.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-05

93-02-01.1-12. Examination Restrictions. Any applicant for a license to provide private investigative services who fails to pass the first examination required by the board may apply for retesting no sooner than thirty days after notice of failure. Upon failure of a second and subsequent examination, the applicant may apply for retesting again after a one-year waiting period.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-16

CHAPTER 93-02-02.1: PRIVATE SECURITY SERVICES

Section
93-02-02.1-01: Qualifications for individuals providing private security services
93-02-02.1-02: Licensing of individuals providing private security services
93-02-02.1-03: Licensing of private security agencies
93-02-02.1-04: Registration of Employees and Independent Contractors of Private Security Agencies
93-02-02.1-05: Qualifications for apprentice security officers
93-02-02.1-06: Qualifications for security officers
93-02-02.1-07: Qualifications for commissioned security officers
93-02-02.1-08: Armed personnel - possession and use of firearms in the course of providing private security services
93-02-02.1-09: Qualifications for trainers
93-02-02.1-09.1: Qualifications for Armed Instructors
93-02-02.1-10: Equivalency
93-02-02.1-11: Prohibitions
93-02-02.1-12: Surety requirements
93-02-02.1-13: License - posting
93-02-02.1-14: Issuance of pocket cards
93-02-02.1-15: Change in ownership or other application information
93-02-02.1-16: Examination restrictions

93-02-02.1-01. Qualifications for individuals providing private security services. To receive and maintain any license or registration from the board to provide private security services, an individual first must:

Be at least eighteen years of age.
Be a high school graduate or hold the equivalent of a high school diploma.
Have not been convicted or adjudged guilty in any jurisdiction of one of the following offenses or its equivalent in another jurisdiction, including juvenile adjudications that the individual has engaged in similar conduct: any felony; any class A or B misdemeanor involving an act of violence or intimidation as defined in North Dakota Century Code chapters 12.1-16 through 12.1-25 and chapter 12.1-31.2, or involving controlled substances as defined in North Dakota Century Code chapter 19-03.1; any offense involving theft as defined in North Dakota Century Code chapter 12.1-23, including shoplifting; or any other offense that must be reported to the North Dakota bureau of criminal investigation under North Dakota Century Code section 12.1-32-15. This subsection does not prohibit the board from issuing a license or registration to an individual if the board determines the offense does not have a direct bearing upon the individual’s ability to provide private security services to the public and the individual has been sufficiently rehabilitated pursuant to the provisions of North Dakota Century Code section 12.1-33-02.1, or a full pardon has been granted.
Be free of mental condition or defect which would interfere with the individual's ability to provide services in a professional and competent manner.
Have not committed an act that the board determines is indicative of bad moral character and which has a direct bearing on the applicant’s ability to serve the public, including offenses other than those listed in subsection 3.

The requirements in this section are in addition to any other qualifications established in this chapter. Each individual who is required to meet the qualifications of this section has a continuing duty to notify the board of any conviction or adjudication of guilt of an offense described in subsection 3 within fourteen days of the conviction or adjudication. For individuals who are licensed or registered by the board on May 1, 2000, or who are officers or owners of at least a ten percent interest in a licensed agency on May 1, 2000, this section applies only to convictions or adjudications of guilt which occur after May 1, 2000.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-05, 43-30-06

93-02-02.1-02. Licensing of individuals providing private security services.

An individual providing private security services must obtain a license from the board to provide those services unless the individual is registered as an employee or independent contractor of an agency that is licensed under this chapter and is providing those services within the scope of the individual’s relationship with the agency. An agency is responsible for registering its employees and independent contractors under section 93-02-02.2-04. This section does not apply to individuals who are exempt from the board’s jurisdiction under North Dakota Century Code section 43-30-02.
An individual is qualified to be licensed to provide private security services if the individual is currently a commissioned security officer and has passed an examination conducted by or under the supervision of the board within the twelve months preceding the date of the individual’s application for the license.

History: Effective May 1, 2000; amended effective May 1, 2005.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-05, 43-30-06

93-02-02.1-03. Licensing of private security agencies. Any individual or entity hiring another person to perform private security services must obtain a private security agency license. An individual who applies for a private security agency license must be currently licensed in this state to provide private security services. An entity that applies for a private security agency license must have at least one owner, member, or partner who is licensed to provide private security services and who will be responsible for all agency personnel providing those services. All nonlicensed officers and owners of at least a ten percent interest in the entity must be listed on the application and meet the qualifications in section 93-02-02.1-01.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04

93-02-02.1-04. Registration of employees and independent contractors of private security agencies..

For the purposes of this chapter, the terms "employee" and "employment" refer to an employer-employee relationship in which the employee is working for compensation, the employer directly or indirectly controls the employee's conduct, and the employer pays taxes or makes other payments because of the employment.
An individual providing private security services as an employee or independent contractor of a private security agency who is not licensed to provide those services must have a registration from the board as an apprentice security officer, security officer, or commissioned security officer. The agency is responsible for obtaining registration for all of its employees and independent contractors.
A private security agency may not employ or contract with an unregistered or unlicensed person to provide private security services on behalf of the agency. A person employed or contracted by a private security agency who does not provide any private security services need not be registered or licensed.
A private security agency is responsible for any activities of its licensed or registered employees and independent contractors and may be subject to administrative action by the board for the activities of its licensed or registered employees and independent contractors.
A registered employee or independent contractor may not provide private security services unless the employee or independent contractor is under the supervision of an individual who is licensed to provide private security services.

History: Effective May 1, 2000; amended effective May 1, 2005.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-05, 43-30-16

93-02-02.1-05. Qualifications for apprentice security officers. To qualify for registration as an apprentice private security officer, an individual:

Must complete, within thirty days after being registered with the board, a minimum of twelve hours of classroom instruction relating to the provision of private security services or twelve hours of field training. The field training must be supervised either by a security officer who has a minimum of two thousand hours of active service in that grade or equivalent combination of training and experience as defined in section 93-02-02.1-10 or by a commissioned security officer. The training must be at a ratio of no more than four trainees to one officer.
Until the apprentice private security officer has fulfilled the requirements in this section, the apprentice may only provide private security services under the direct, onsite supervision of a security officer or commissioned security officer employed by the private security agency.
A registration under this section will not be issued after the expiration of a temporary registration issued under North Dakota Century Code section 43-30-05.1 unless the apprentice security officer provides sufficient proof to the board of the completion of the instruction and field training requirements in this section.

History: Effective May 1, 2000; amended effective July 1, 2010.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04

93-02-02.1-06. Qualifications for security officers. To qualify for registration as a security officer, an individual must provide a minimum of one thousand hours of private security service as a registered apprentice security officer and complete an additional thirty-two hours of classroom instruction as required by the board.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04

93-02-02.1-07. Qualifications for commissioned security officers. To qualify for registration as a commissioned security officer, an individual must provide three thousand hours of private security service as a registered security officer, in addition to at least one thousand hours as an apprentice security officer, and complete an additional eighty hours of classroom instruction as required by the board.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04

93-02-02.1-08. Armed personnel - Possession and use of firearms in the course of providing private security services. It is unlawful for any individual, including agency personnel, to carry a firearm while providing private security services unless the individual carrying the firearm:

Is in compliance with all existing state and federal laws governing weapons or firearms, including certification and licensing when necessary;
Has completed the same requirements for firearms training as is required for North Dakota peace officers. However, if the individual fails the written examination or shooting course twice, the individual must wait at least thirty days to retake the failed portion, and if the individual fails the written examination or shooting course a third time, the individual must wait a full year before retaking the written examination or shooting course; and
Achieved at least the rank of security officer as defined in section 93-02-02.1-06 and been issued an armed private security certificate.

History: Effective May 1, 2000; amended effective May 1, 2005.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04

93-02-02.1-09. Qualifications for trainers. Classroom instruction required of apprentice security officers, security officers, or commissioned security officers must be conducted by trainers certified by the board. To be certified as a trainer, an individual must meet at least one of the following requirements:

Two thousand hours of active service as a security officer;
Equivalent combination of training and experience as defined in section 93-02-02.1-10;
One-year of experience as an instructor in a relevant discipline at an educational institution or educational agency;
A degree from any educational institution in a nonrelevant discipline plus at least a minor in a relevant discipline; or
Certification from an accredited vocational education provider.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04

93-02-02.1-09.1. Qualifications for armed instructors. Written and practical instruction and testing must be conducted by a board-certified instructor. To be certified as an armed instructor, an individual must meet at least one of the following requirements:

Is a certified weapons instructor by the North Dakota Peace Officer Standards and Training board.
Is a certified weapons instructor by the National Rifle Association.
Has completed twenty-four months of apprenticeship training under a board-certified weapons instructor. During the twenty-four-month apprenticeship period, the candidate must be at least a security officer and hold an armed certificate. After completion of the apprenticeship, the instructor must submit a notice to the board showing that the candidate has successfully completed the candidate’s apprenticeship and the instructor is requesting certification for the candidate.

History: Effective May 1, 2005
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04

93-02-02.1-10. Equivalency. The board may waive part of or all of any training or experience requirements for individuals licensed or registered by the board based upon equivalent training or experience in any combination of the following: private security or private investigation in another state with equal or similar requirements; law enforcement in any jurisdiction with equal or similar requirements; military security; proprietary security, provided that equal or similar requirements for training as required by this chapter were met; or equivalent training in any educational institution in relevant subject matters.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04

93-02-02.1-11. Prohibitions.

An individual, while providing private security services, may not:
1. Wear, carry, use, display, or possess any identification, badge, uniform, patch, insignia, sign, decal, or other form of identification;
2. Make or utter any statement; or
3. Use, control, possess, or own any motor vehicle of any kind which is marked or identified by any sign, insignia, decal, equipment, device, or contrivance;
which could or might reasonably lead the general public to believe or assume that the individual has any police-type powers or that the individual or vehicle is associated in any way with a governmental law enforcement agency or other governmental agency. Examples of prohibited conduct include use of the word "police", the great seal of the state of North Dakota, or the seal of any political subdivision; or use of any type of common or customary military rank.
An individual licensed by the board under this chapter, including the holder of an agency license, may not be employed full time or part time in any capacity wherein such individual has any police-type powers or access to any official law enforcement records.
An individual licensed by the board under this chapter may not solicit or accept any commission or deputization that in any way involves the authority to use or employ, or the use or employment of, any police-type powers, except that of a special deputy sheriff or special police officer, and then, only in the case of an emergency or disaster and only for the immediate time of the emergency or disaster.
As used in this section, positions with police-type powers do not include official volunteer civil defense positions or membership in the national guard, reserve, or regular armed forces of the United States, but include positions or membership in the military police, security police, or similar police functions of the regular armed forces of the United States.
If a uniform is worn, for identification purposes, the name of the agency that the individual is employed by must be prominently displayed on the uniform.

History: Effective May 1, 2000;amended effective July 1, 2010.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 12.1-13-04

93-02-02.1-12. Surety requirements.

Before a license to provide private security services can be issued to any individual or agency, the applicant must file with the board a certificate of insurance executed by the applicant and by an insurance company in the sum of three hundred thousand dollars of general liability with errors and omissions insurance.
The certificate of insurance must be conditioned on the faithful and honest conduct of the business of the applicant and the applicant’s agents, employees, and independent contractors, and for the full protection of any person who deals with the applicant or the applicant’s agents, employees, and independent contractors. The certificate of insurance must provide that any person injured by the breach of the conditions of the insurance policy may bring an action on that insurance policy in the name of the state of North Dakota for the use of the person so injured to recover legal damages suffered by reason of breach of the conditions; provided, however, that the aggregate liability of the insurance policy for all damages may, in no event, exceed the sum of the insurance policy. The insurance underwriter may cancel the policy upon giving thirty days’ notice in writing to the board and thereafter is relieved of liability for any breach of condition occurring after the effective date of the cancellation.

History: Effective May 1, 2000; amended effective May 1, 2005.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04

93-02-02.1-13. License - Posting. Each individual who, or private security agency that, is licensed by the board shall conspicuously display that license at all times in the licensee’s place of business. If the licensee has more than one office as a place of business, the licensee shall display a duplicate license at each office. An agency need not display the licenses of all the individual licensees employed or contracted by the agency. If the board revokes, suspends, or disapproves renewal of any license, the board may require the holder of the license to return the license to the board within fourteen days.

History: Effective May 1, 2000; amended effective May 1, 2005.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-05

93-02-02.1-14. Issuance of pocket cards.

To each individual licensed or registered by the board, the board shall issue a laminated pocket card.
When a registered employee or independent contractor of a private security agency terminates employment or a contract with the agency, that individual shall return the pocket card to the agency immediately after termination. Within seven days after receiving the pocket card of the terminated individual, the agency shall mail or deliver the pocket card to the board for cancellation, with a letter from the holder of the agency license stating the date the registered individual was terminated and the date the agency received the terminated individual’s card.
If the board revokes, suspends, or disapproves the renewal of a license or registration of any individual, the board may require the individual to return the individual’s pocket card within fourteen days.
If the board revokes, suspends, or disapproves renewal of a private security agency license, the board may require the agency to return the pocket cards of all its registered employees and independent contractors within fourteen days of the request by the board.

History: Effective May 1, 2000; amended effective May 1, 2005.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-05

93-02-02.1-15. Change in ownership or other application information. A private security agency license is not transferable. A licensed agency must notify the board in advance of any change in ownership of the agency and a new license application form must be submitted to the board by the new owner or owners. Payment of license fees is nontransferable. Each agency licensed by the board has a continuing duty to notify the board about any changes in information provided in the license application form within fourteen days of the change.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-05

93-02-02.1-16. Examination Restrictions. Any applicant for a license to provide private security services who fails to pass the first examination required by the board may apply for retesting no sooner than thirty days after notice of failure. Upon failure of a second and subsequent examination, the applicant may apply for retesting again after a one-year waiting period.

History: Effective May 1, 2000
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-16

CHAPTER 93-02-03: GENERAL RULES

Section
93-02-03-01: Powers of Private Investigative and Security Board [Repealed]
93-02-03-02 License fees - Proration - Refunds - Dual Licensure
93-02-03-03 Renewal of Licenses and Registrations
93-02-03-04 Grandfather Clause [Repealed]
93-02-03-05 Suspension, Revocation, or Refusal to Renew License
93-02-03-05.1 Code of Ethics
93-02-03-06 Fees - Amount - Late Fees

93-02-03-01. Powers of private investigative and security board. Repealed effective May 1, 2000.

93-02-03-02. License fees - Proration - Refunds - Dual Licensure. License fees for providing private investigative services and private security services may be prorated on a quarterly basis for each period the license is in effect. However, license renewals will not be issued on a prorated basis, and no refunds may be made on license fees paid. Any agency providing both private investigative services and private security services shall meet all of the requirements for licensing as a private security agency and a detective agency.

History: Effective March 19 1990; amended effective May 1, 2000.
General Authority: NDCC 43-30-04
Law Implemented:NDCC 43-30-11

93-02-03-03. Renewal of licenses and registrations.

Licenses and registrations issued by the board expire on September thirtieth of each year.
Every individual or agency who previously held a license or registration issued by the board and whose license or registration has expired may have the same restored immediately upon payment of all lapsed renewal fees and any applicable late fees; provided, however, that not more than thirty days has elapsed since the date of expiration, and provided that the individual or agency has not provided private investigative or private security services during the time in which the license or registration was expired.
This section does not relieve any person from criminal prosecution for engaging in practice or providing services without a license as required by North Dakota Century Code chapter 43-30. Once a license or registration has lapsed, the individual or agency who held the license or registration may not provide private investigative or private security services until the license or registration is renewed or until a new license or registration is issued.
Any individual or agency who fails to renew a lapsed license or registration and who fails to pay all lapsed renewal fees and late fees within the time required by this section must reapply for a new license or registration and meet all the requirements for licensing or registration, including a state and nationwide criminal history record check.

History: Effective March 1, 1990; amended effective May 1, 2000; May 1, 2005; July 1, 2007; July 1, 2010.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-11

93-02-03-04. Grandfather clause. Repealed effective May 1, 2000.

93-02-03-05. Suspension, revocation, or refusal to renew license. In addition to the causes for suspension, revocation, or refusal to renew a license listed in North Dakota Century Code section 43-30-12, the board may either refuse to renew, suspend, revoke, or place on probationary status any licensee, or issue a letter of reprimand for any of the following causes:

Failure or refusal to furnish information required by statute, rule, or request of the board.
Making or causing to be made any false entry or written statement of fact in an application for license or registration, in reports, or in other written information to be filed with the board.
Fraud in the taking of examination for licensing.
Carrying a weapon in violation of any statute or rule specifically regulating the carrying of weapons by private investigators or private security personnel, or in violation of any state and federal laws.
Providing private investigative or private security services under a lapsed license or registration.
Violation of any of the rules in this article.
Insufficient supervision of registered employees by the employing agency, by the licensee who is responsible for agency personnel under section 93-02-01.1-03 or 93-02-02.1-03, or by any other licensee who is responsible for supervising the employee's work under section 93-02-01.1-04 or 93-02-02.1-04.
Unprofessional conduct, which includes:
1. Engaging in criminal activity;
2. Providing incompetent services; and
3. Violating the code of ethics.

History: Effective March 1, 1990; amended effective May 1, 1998; May 1, 2000, July 1, 2007.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-12

93-02-03-05.1. Code of ethics. This code of ethics applies to every person licensed or registered by the board. All licensees and registered employees shall:

Respect the constitutional and legal rights of all people to liberty, equality, and justice;
Protect clients' property rights and promptly return all clients' property that was entrusted to them;
Safeguard the lives and property of those served and protect all persons against deception, intimidation, oppression, violence, and disorder;
Conduct operations professionally with honesty, sincerity, integrity, fidelity, morality, and good conscience and deal justly and impartially in each situation with each individual;
Preserve forever clients’ confidence under any and all circumstances consistent with law, however, any physical evidence concerning crimes or planning for crimes must be reported to appropriate law enforcement or other authorities;
Protect clients' trade secrets or intellectual property rights;
Explain to the client’s full satisfaction all applicable fees and charges and to render accurate, factual, and timely reports;
Counsel clients against any illegal or unethical course of action;
Avoid conflicts of interest between the licensee, registered employees, or their immediate family members and clients and avoid conflicts of interest between clients;
Avoid providing or recommending excessive services and avoid abusive billing practices, especially when a client may be emotionally distraught or unsophisticated; and
Refrain from excessive or grandiose advertising claims.

History: Effective July 1, 2007.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-12

93-02-03-06. Fees - Amount - Late Fees. In addition to the statutory fees, the board charges the following fees:

An individual must pay a fee of one hundred dollars to take the examination to become licensed to provide investigative or private security services.
An individual must pay a fee of one hundred thirty dollars to receive an initial license or renew the individual’s license to provide private investigative or private security services. In addition, a late fee of fifty dollars must be paid for each month the renewal is late, up to a maximum cumulative late fee of one hundred dollars for a late renewal.
An individual or entity must pay a fee of one hundred dollars to apply for a license to operate a private security or detective agency.
An individual or entity must pay a fee of two hundred fifty dollars to receive an initial license or renew a license to operate a private security or detective agency.
An individual must pay a fee of twenty dollars to receive a private security training certificate.
An individual must pay an annual fee of twenty dollars to receive an armed private security certificate. Armed private security certificates expire on September thirtieth of each year.
An individual or entity must pay a fee of ten dollars to obtain a duplicate license.
An individual must pay a fee of twenty-five dollars to obtain an initial registration to provide private investigative or private security services. An individual must pay twenty-five dollars for renewing registration to provide private investigative or private security services. A late fee of ten dollars must also be paid for each month the renewal is late.

History: Effective May 1, 2000; amended effective May 1, 2005; July 1, 2010.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-16

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