4749 & 4507 Ohio Revised Code - A more in-depth look

Question 1

Members may be reappointed but may not serve more than __ complete consecutive five-year terms.

Answer 1

2

Question 2

When may the governor, after notice and the opportunity for a hearing, remove any appointed member?

Answer 2

For misfeasance, malfeasance, or nonfeasance.

Question 3

How long shall a member continue in office subsequent to the expiration of the member’s term?

Answer 3

Until the member’s successor takes office or until a period of sixty days has elapsed, whichever occurs first.

Question 4

When may the Ohio association of security and investigation services submit names to the governor for consideration of appointment to the commission?

Answer 4

Ninety days before the expiration of a member’s term.

Question 5

Which entity advises the director of public safety on all matters related to the regulation of private investigation and the business of security services?

Answer 5

The commission

Question 6

No member may serve as chairperson more than __ times during a five-year term.

Answer 6

3

Question 7

Who shall approve all vouchers of the commission.

Answer 7

The chairperson or vice-chairperson.

Question 8

Upon a timely request, who may have an item added to the commission’s agenda?

Answer 8

any member of the commission

Question 9

At least __ partner(s) in a partnership shall be licensed as a private investigator, or as a security guard provider, or as a private investigator and a security guard provider.

Answer 9

1

Question 10

An application for a class A, B, or C license shall be completed in the form the director prescribes. In the case of an individual, what information is required?

Answer 10

a) the applicant’s name,
b) birth date,
c) citizenship,
d) physical description,
e) current residence,
f) residences for the preceding ten years,
g) current employment,
h) employment for the preceding seven years,
I) experience qualifications,
j) the location of each of the applicant’s offices in this state,
k) and any other information that is necessary in order for the director to comply with the requirements of the chapter.

Question 11

An application for a class A, B, or C license shall be completed in the form the director prescribes. In the case of a corporation, what information is required?

Answer 11

a) the name of the officer or qualifying agent filing the application;
b) the state in which the corporation is incorporated and the date of incorporation;
c) the states in which the corporation is authorized to transact business;
d) the name of its qualifying agent;
e) the name of the officer or qualifying agent of the corporation who satisfies the requirements
f) birth date,
g) citizenship,
h) physical description,
i) current residence,
j) residences for the preceding ten years,
k) current employment,
l) employment for the preceding seven years,
m) experience qualifications,
n) the location of each of the applicant’s offices in this state,
o) and any other information that is necessary in order for the director to comply with the requirements of the chapter.

Question 12

If an applicant intends to carry a firearm in the course of business or employment, what must the superintendent do?

Answer 12

make a request to the federal bureau of investigation for any information and review the information the bureau provides

Question 13

When may the director refuse to issue a license to an applicant?

Answer 13

a) conviction of
b) or plea of guilty to an offense

Question 14

In considering a renewal of an individual’s license, when shall the director NOT consider any conviction or plea of guilty?

Answer 14

prior to the initial licensing.

Question 15

In considering a renewal of an individual’s license, when MAY the director consider a conviction or plea of guilty?

Answer 15

if it occurred after the individual was initially licensed, or after the most recent license renewal.

Question 16

The director may grant an individual a conditional license that lasts for one year. After the one-year period has expired, What will be the status of the conditional license?

Answer 16

the license is no longer considered conditional, and the individual shall be considered fully licensed.

Question 17

What shall the license and identification card of the licensee indicate?

Answer 17

a) name,
b) the classification of the license,
c) the location of the licensee’s principal place of business in this state, and
d) the expiration date of the license, and,
e) in the case of a corporation, it also shall state the name of each officer or qualifying agent who satisfied the requirements of the division.

Question 18

What evidence must the licensee provide prior to the license being renewed?

Answer 18

evidence of workers’ compensation risk coverage and unemployment compensation insurance coverage, other than for clerical employees and excepting sole proprietors who are exempted therefrom.

Question 19

Each officer or qualifying agent who qualifies a corporation for class A, B, or C licensure must surrender what

Answer 19

Any personal license of a similar nature that the officer or qualifying agent possesses.

Question 20

Can a corporation’s class A, B, or C license be transferred to another corporation?

Answer 20

Yes, for a $25 fee

Question 21

When may the director of public safety revoke, suspend, or refuse to renew, when a renewal form has been submitted?

Answer 21

(1) Violation of any of the provisions of the division
(2) Conviction of a disqualifying offense if the offense occurred within the last three years;
(3) Conviction of a crime involving moral turpitude
(4) Conviction of an offense that occurred after the individual was initially licensed, or after the most recent renewal.
(5) Violation of any rule of the director governing private investigators, the business of private investigation, security guard providers, or the business of security services;
(6) Testifying falsely under oath, or suborning perjury, in any judicial proceeding;
(7) Failure to satisfy the requirements specified
4749.03 of the Revised Code.

Question 22

The director may impose a civil penalty of not more than ____ for each calendar day of a violation of any of the provisions of 4749 ORC.

Answer 22

$100

Question 23

What are licensees and/or employees required to report; including reporting requirements for licenses or employees conducting fraud investigations or physical surveillance?

Answer 23

Licensee’s or employee’s presence and length of stay to the sheriff and police chief of any county or municipal corporation in which the licensee or employee operates.

Question 24

The registration of an investigator or security guard’s annual renewals shall be made pursuant to procedures the director establishes by rule and upon payment of a renewal fee the director determines, not to exceed ____

Answer 24

$35

Question 25

What shall no class A, B, or C licensee, or registered employee of a class A, B, or C licensee be considered?

Answer 25

a law enforcement officer

Question 26

When may the director of public safety investigate?

Answer 26

To determine whether any applicant for a class A, B, or C license, principal officer, or qualifying agent of a corporation satisfies the applicable requirements for licensure or registration.

Question 27

The director may investigate, on the director’s own initiative.

Answer 27

a) To determine whether the person is, has been or will be in violation of section 4749.13 of the Revised Code.
b) If a verified written complaint is filed indicating that a person has violated, or is or will be violating, section
4749.13
c) The complaint is supported by evidence

Question 28

The director may investigate, on the director’s own initiative, the actions or proposed actions of a person who is not licensed or registered under this chapter. The director shall investigate such a person under which conditions?

Answer 28

a) Persons appear to be acting as a class A, B, or C licensee, or employee of a class A, B, or C licensee.
b) A verified written complaint is filed indicating that a person was, is, or will be acting as a class A, B, or C licensee or employee of a class A, B, or C licensee but is not licensed or registered as such
c) the complaint is supported by evidence that is submitted with it; and
d) The director determines that a prima-facie case exists that the person was, is, or will be acting in an alleged manner.

Question 29

When shall the director issue a cease and desist order?

Answer 29

When the director determines that the person has engaged, or is or will be engaging, in activities requiring licensure or registration.

Question 30

Nonresident licenses

Answer 30

a) A person who is a resident of another state; is licensed as a private investigator, security guard provider, or as a private investigator and a security guard provider in another state; and wishes to engage in the business of private investigation, the business of security services, or both businesses in this state.
b) The director of public safety may waive the EXAMINATION REQUIREMENT and the FEE and issue a license to a nonresident.

Question 31

No class A, B, or C licensee, or registered employee of a class A, B, or C licensee shall:

Answer 31

(1) Knowingly violate any provision of this chapter or any rule of the director of public safety adopted for the administration of this chapter;
(2) Knowingly make a false report with respect to any matter with which the licensee or registered employee is employed;
(3) Divulge any information acquired from or for a client to persons other than the client or the client’s authorized agent without express authorization to do so or unless required by law;
(4) Knowingly accept employment which includes obtaining information intended for illegal purposes.
*HINT: VFDI

Question 32

No person shall knowingly:

Answer 32

a) Authorize or permit another person to violate any provision of this chapter or any rule of the director adopted for the administration of this chapter.

Question 33

No person who is not licensed as a class A, B, or C licensee shall advertise the following:

Answer 33

That the person is or otherwise hold self out as a class A, B, or C licensee.

Question 34

When determining whether an applicant for licensure has a good reputation for integrity, the department of public safety may consider:

Answer 34

(A) If the applicant has been convicted
of, or plead guilty to, a misdemeanor within one (1) year of the date of
application;
(B) If the applicant has been convicted
of, or plead guilty to, a felony within three (3) years ofthe date of
application;
(C) If the applicant has ever operated a
business of private investigation, business of security services, or both
without being licensed under Chapter 4749. of the Revised Code;
(D) If the applicant has ever operated a
business of private investigation, business of security services or both without general liability insurance coverage while licensed under Chapter 4749.
of the Revised Code; or
(E) If the applicant has ever violated
any provision of Chapter 4749. of the Revised Code or the rules promulgated
thereunder or any order of the department, or any laws or regulations of another state or jurisdiction in the regulation of private investigation or security services.
(F) If the applicant for licensure has
defaulted on a settlement agreement, adjudication order, or cease and desist
order with the department.

Question 35

Requirement of new license. A new license is required where there is:

Answer 35

(1) A change in the CLASS of a license;
or
(2) FAILURE to renew a current license by
the licensee by the first day of March each year.
(B) The department of public safety shall
be notified in writing within TEN (10) DAYS of any change in the controlling interest of a corporation, (FORM) any change in officers of a corporation, any change
of partners of a partnership, any increase or decrease in the number of partners of a partnership or any change in the LEGAL NAME of the licensee.
HINT: FNCF, 10 days

Question 36

Required experience. Define the required working hours:

Answer 36

a) Class B license shall have at least 4000 working hours of experience in investigatory work,
b) Class C license shall have at least 4000 working hours of experience in security services work
c) Class A license shall have at least 4000 working hours of experience consisting of at least 1000 working hours of experience in investigatory work and at least 1000 working hours of experience in security services work, and the remaining 2000 hours of working experience in either investigatory or security
service work, or both.
d) An applicant must have completed the hours required 24 months immediately preceding the date of application.

Question 37

Equivalent experience such as, but not limited to:

Answer 37

a) Specialized EDUCATION in criminal justice or law enforcement, or
b) Honorable service in the MILITARY police or similar military security position in any of the branches of the armed forces of the United States, or
c) Significant experience as a LAW ENFORCEMENT officer, or as a peace officer obtained within the last ten years prior to the date of application, may be deemed by the director of public safety to be sufficient to satisfy the experience requirement.

Question 38

If specialized education is submitted as equivalent experience, define the required hours:

Answer 38

a) Class A license shall also have at least 1000 working hours of experience in investigatory work and at least 1000 working hours in security services
work.
b) Class B license shall have at least 2000 working hours of experience in investigatory work.
c) Class C license shall have at least 2000 working hours of experience in security services work.
*HINT: 1) A/1000/1000 inv/sec
2) B/2000 inv
3) C/2000 sec

Question 39

Equivalent experience may be defined as, but not limited to the following?

Answer 39

a) Management in the business of private investigation.
b) Management in the business of security services, or both.
c) Deemed by the director of public safety to be sufficient to satisfy the experience requirements

Question 40

When may the department waive examinations and experience requirements for a new licensee, partner in a partnership, or a qualifying agent?

Answer 40

a) if the applicant previously qualified a business for licensure within six months of the date of application.

Question 41

When may a business name or tradename be used by no more than one licensee?

Answer 41

Licensees operating under valid franchise agreements with a lawfully registered franchisor may operate under the same name.