Ohio Revised Code 4749 | Private Investigators; Security Services Flashcards

1
Q

Private investigator

A

Any person who engages in the business of private investigation

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2
Q

Business of private investigation

A

The conducting, for hire, in person or through a partner or employees, of any investigation relevant to any crime or wrong done or threatened, or to obtain information on the identity, habits, conduct, movements, whereabouts, affiliations, transactions, reputation, credibility, or character of any person, or to locate and recover lost or stolen property, or to determine the cause of or responsibility for any libel or slander, or any fire, accident, or damage to property, or to secure evidence for use in any legislative, administrative, or judicial investigation or proceeding.

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3
Q

Security guard provider

A

Any person who engages in the business of security services

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4
Q

Business of security services

A

Furnishing, for hire, watchpersons, guards, private patrol officers, or other persons whose primary duties are to protect persons or property

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5
Q

Business of security services

A

Furnishing, for hire, guard dogs, or armored motor vehicle security services, in connection with the protection of persons or property

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6
Q

Class A license

A

A license issued under section 4749.03 of the Revised Code that qualifies the person issued the license to engage in the business of private investigation and the business of security services

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7
Q

Class B license

A

A license issued under section 4749.03 of the Revised Code that qualifies the person issued the license to engage only in the business of private investigation

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8
Q

Class C license

A

A license issued under section 4749.03 of the Revised Code that qualifies the person issued the license to engage only in the business of security services

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9
Q

What is the private investigation and security services commission

A

Consisting of the director of public safety or the director’s designee, who shall be a nonvoting member; the superintendent of the highway patrol or the superintendent’s designee, who shall be a voting member; and twelve members appointed by the governor with the advice and consent of the senate

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10
Q

Private investigation and security services commission regular meetings

A

The commission shall meet not less than four times each year. It also shall meet upon the call of the chairperson, upon the request of five members, or at the request of the director of public safety or the director’s designee

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11
Q

License requirement

A

Depending upon the class of license for which application is made, for a continuous period of at least two years immediately preceding application for a license, has been engaged in investigatory or security services work for a law enforcement or other public agency engaged in investigatory activities, or for a private investigator or security guard provider, or engaged in the practice of law, or has acquired equivalent experience as determined by rule of the director of public safety

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12
Q

License requirement

A

Demonstrates competency as a private investigator or security guard provider by passing an examination devised for this purpose by the director, except that any individually licensed person who qualifies a corporation for licensure shall not be required to be reexamined if the person qualifies the corporation in the same capacity that the person was individually licensed

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13
Q

License requirement

A

Submits evidence of comprehensive general liability insurance coverage, or other equivalent guarantee approved by the director in such form and in principal amounts satisfactory to the director, but not less than one hundred thousand dollars for each person and three hundred thousand dollars for each occurrence for bodily injury liability, and one hundred thousand dollars for property damage liability

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14
Q

License requirement

A

Pays the requisite examination and license fees

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15
Q

License requirement

A

A corporation may be licensed as a private investigator under a class B license, or as a security guard provider under a class C license, or as a private investigator and a security guard provider under a class A license, if an application for licensure is filed by an officer of the corporation and the officer, another officer, or the qualifying agent of the corporation satisfies the requirements of divisions (A)(1) and (F)(1) of this section. Officers and the statutory agent of a corporation shall be determined in accordance with Chapter 1701. of the Revised Code

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16
Q

License requirement

A

At least one partner 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. Partners in a partnership shall be determined as provided for in Chapter 1775. or 1776. of the Revised Code

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17
Q

An application for an individual for a class A, B, or C license shall be completed in the form the director prescribes

A

The application shall state the applicant’s name, birthdate, citizenship, physical description, current residence, residences for the preceding ten years, current employment, employment for the preceding seven years, experience qualifications, the location of each of the applicant’s offices in this state, and any other information that is necessary in order for the director to comply with the requirements of this chapter

18
Q

An application for a corporation for a class A, B, or C license shall be completed in the form the director prescribes

A

The application shall state the name of the officer or qualifying agent filing the application; the state in which the corporation is incorporated and the date of incorporation; the states in which the corporation is authorized to transact business; the name of its qualifying agent; the name of the officer or qualifying agent of the corporation and the birthdate, citizenship, physical description, current residence, residences for the preceding ten years, current employment, employment for the preceding seven years, and experience qualifications of that officer or qualifying agent; and other information that the director requires. A corporation may specify in its application information relative to one or more individuals

19
Q

An application shall be accompanied by all the following

A

One recent full-face photograph of the applicant or, in the case of a corporation, of each officer or qualifying agent specified in the application

20
Q

An application shall be accompanied by all the following

A

References from at least five reputable citizens for the applicant or, in the case of a corporation, for each officer or qualifying agent

21
Q

An application shall be accompanied by all the following

A

An examination fee of twenty-five dollars for the applicant or, in the case of a corporation, for each officer or qualifying agent

22
Q

An application shall be accompanied by all the following

A

Each individual applying for a license and each individual specified by a corporation as an officer or qualifying agent in an application shall submit one complete set of fingerprints directly to the superintendent of the bureau of criminal identification and investigation for the purpose of conducting a criminal records check.

23
Q

Licenses expire

A

Licenses expire on the first day of March following the date of initial issue, and on the first day of March of each year thereafter

24
Q

The director of public safety may revoke, suspend, or refuse to renew

A

Conviction of a disqualifying offense, a crime involving moral turpitude, an offense that occurred after the individual was initially licensed and Testifying falsely under oath, or suborning perjury, in any judicial proceeding

25
Q

Notice of change of address - report of presence to local law enforcement

A

Each class A, B, or C licensee shall report the location of branch offices to the department of public safety, and to the sheriff of the county and the police chief of any municipal corporation in which the office is located, and shall post a branch office license conspicuously in that office

26
Q

Registration of employees

A

Each class A, B, or C licensee shall register the licensee’s investigator or security guard employees, with the department of public safety, which shall maintain a record of each licensee and registered employee and make it available, upon request, to any law enforcement agency. The class A, B, or C licensee shall file an application to register a new employee no sooner than three days nor later than seven calendar days after the date on which the employee is hired

27
Q

Registration of employees

A

Each employee’s registration application shall be accompanied by one recent photograph of the employee, the employee’s physical description, and the registration fee the director determines, not to exceed forty dollars

28
Q

Class A, B, or C licensee, or a registered employee of a class A, B, or C licensee, intends to carry a firearm, as defined in the course of engaging in the business or employment

A

Complete a firearms basic training program that includes twenty hours of handgun training and five hours of training in the use of other firearms, if any other firearm is to be used, or equivalency training, if authorized, or shall be a former peace officer who previously had successfully completed a firearms training course, shall receive a certificate of satisfactory completion of that program or written evidence of approval of the equivalency training, shall file an application for registration, shall receive a firearm-bearer notation on the licensee’s or registered employee’s identification card, and shall annually requalify on a firearms range

29
Q

Distinguished from law enforcement officer

A

No class A, B, or C licensee, or registered employee of a class A, B, or C licensee shall be considered, because of licensure or registration under this chapter, a law enforcement officer for any purpose

30
Q

No class A, B, or C licensee and no registered employee of a class A, B, or C licensee shall carry a firearm in the course of engaging in the business of private investigation, the business of security services, or both businesses, unless

A

The licensee or employee either has successfully completed a basic firearm training program at a training school approved by the Ohio peace officer training commission, which program includes twenty hours of training in handgun use and, if any firearm other than a handgun is to be used, five hours of training in the use of other firearms, and has received a certificate of satisfactory completion of that program from the executive director of the commission; the licensee or employee has, within three years satisfactorily completed firearms training that has been approved by the commission as being equivalent to such a program and has received written evidence of approval of that training from the executive director of the commission; or the licensee or employee is a former peace officer, as defined in section 109.71 of the Revised Code, who previously had successfully completed a firearms training course at a training school approved by the Ohio peace officer training commission and has received a certificate or other evidence of satisfactory completion of that course from the executive director of the commission.

31
Q

No class A, B, or C licensee and no registered employee of a class A, B, or C licensee shall carry a firearm in the course of engaging in the business of private investigation, the business of security services, or both businesses, unless

A

The licensee or employee receives a notation on the licensee’s or employee’s identification card that the licensee or employee is a firearm-bearer and carries the identification card whenever the licensee or employee carries a firearm in the course of engaging in the business of private investigation, the business of security services, or both businesses

32
Q

No class A, B, or C licensee and no registered employee of a class A, B, or C licensee shall carry a firearm in the course of engaging in the business of private investigation, the business of security services, or both businesses, unless

A

At any time within the immediately preceding twelve-month period, the licensee or employee has requalified in firearms use on a firearms training range at a firearms requalification program certified by the Ohio peace officer training commission or on a firearms training range under the supervision of an instructor certified by the commission and has received a certificate of satisfactory requalification from the certified program or certified instructor, provided that this division does not apply to any licensee or employee prior to the expiration of eighteen months after the licensee’s or employee’s completion of the program

33
Q

Nonresident licenses

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, shall be licensed, but the director of public safety may waive the examination requirement of that section and issue a license to a nonresident

34
Q

Prohibited acts

A

No person shall engage in the business of private investigation, the business of security services, or both businesses in this state unless the person is licensed

35
Q

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

A

Knowingly make a false report with respect to any matter with which the licensee or registered employee is employed

36
Q

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

A

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

37
Q

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

A

Knowingly accept employment which includes obtaining information intended for illegal purposes

38
Q

Prohibited acts penalty

A

Guilty of a misdemeanor of the first degree

39
Q

Prohibited acts penalty with 1=> previous conviction of engaging as PI without a License

A

Felony of the fifth degree

40
Q

Prohibited acts penalty with 2=> previous conviction of engaging as PI without a License

A

Shall be fined ten thousand dollars and also may be imprisoned not more than one year