PISGS Laws & Rules

Question 1

Private investigator means any person who engages in the business of ____________.

Answer 1

Private Investigation

Question 2

Security Guard Provider means any person who engages in the business of ________.

Answer 2

Security Services

Question 3

Business of security services means either of the following:

Answer 3

1. Furnishing, for hire, watchpersons, guards, private patrol officers, or other persons whose primary duties are to protect persons or property; 2. Furnishing for hire, guard dogs, or armored motor vehicle security services, in connection with the protection of persons or property.

Question 4

Class A license means a license issued under section 4749.03 of the revised code that qualifies the person issued the license to engage in the business of _________ and the business of _________.

Answer 4

Private Investigation, Security Services

Question 5

Class B license means 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 _________.

Answer 5

Private Investigation

Question 6

Class C license means a license under section 4749.03 of the revised code that qualifies the person issued the license to engage only in the business of _________.

Answer 6

Security Services

Question 7

“Private Investigator” “business of private investigation,” “security guard provider,” and “business of security services” do not include:

Answer 7

1. Public officers and employees whose official duties require them to engage in investigatory activities; 2. Attorneys at Law or any experts hired by an attorney at law for consultation or litigation purposes; 3. A consumer reporting agency, as defined in the “Fair Credit Reporting Act,” 84 Stat. 1128, 15 U.S.C.A. 1681a, as amended, provided that the consumer reporting agency is in compliance with the requirements of that act and that the agency’s activities are confined to any of the following: A. The issuance of consumer credit reports; B. The conducting of limited background investigations that pertain only to a client’s prospective tenant and that are engaged in with the prior written consent of the prospective tenant; C. The business of pre-employment background investigations. As used in division (H)(3)(c) of this section, “business of pre-employment background investigations” means, and is limited to, furnishing for hire, in person or through a partner or employees, the conducting of limited background investigations, in-person interviews, telephone interviews, or written inquiries that pertain only to a client’s prospective employee and the employee’s employment and that are engaged in with the prior written consent of the prospective employee.

Question 8

How often does the Commission meet?

Answer 8

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.

At the first regular meeting of each year, which shall be called by the chairperson, the members shall elect a chairperson and a vice-chairperson by a majority vote, and also shall establish its meeting schedule for the remainder of the year. The chairperson and vice-chairperson shall serve until their successors are elected. No member may serve as chairperson more than three times during a five-year term. The chairperson shall preside over the commission’s meetings, shall set the meeting agenda, and shall serve as the commission’s chief spokesperson and liaison to the department of public safety. The chairperson or vice-chairperson shall approve all vouchers of the commission. Subject to the commission’s approval, the chairperson may appoint committees to assist the commission. Committee members may be members of the commission. The vice-chairperson shall exercise the duties of the chairperson when the chairperson is not available.

A quorum of seven appointed members is necessary for a meeting to convene or continue. All actions of the commission shall be by a majority of the members present. Members may not participate or vote by proxy. In accordance with Chapter 121. of the Revised Code, at least fourteen days before a regular meeting and twenty-four hours before a special meeting, the chairperson shall notify all members of the commission in writing of the agenda. Upon a timely request, any member of the commission may have an item added to the commission’s agenda.

Question 9

Who makes up the commission board?

Answer 9

There is hereby created the Ohio private investigation and security services commission, 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, as follows:

Three members shall be owners or operators of a business that maintains a class A license and shall have at least five years’ experience in this state in the business of private investigation or security services.

One member shall be an owner or operator of a business that maintains a class B license and shall have at least five years’ experience in this state in the business of private investigation or security services.

One member shall be an owner or operator of a business that maintains a class C license and shall have at least five years’ experience in this state in the business of private investigation or security services.

Two members shall be owners or operators of a business that maintains a class A, B, or C license and shall have at least five years’ experience in this state in the business of private investigation or security services.

One member shall be an incumbent chief of police.

One member shall be an active law enforcement officer, not above the rank of lieutenant.

One member shall be an incumbent sheriff.

Two members shall be representatives of the general public who have never had a direct employment relationship with any class A, B, or C licensee

Question 10

Does the commission have liability?

Answer 10

No, unless made under fraud or bad faith.

Question 11

Who funds the commission?

Answer 11

PISGS

Question 12

What are examples of a disqualifying offense?

Answer 12

Disqualifying offense” means a conviction or plea of guilty to a felony offense that has a direct bearing on an individual’s fitness or ability to perform the duties or responsibilities related to the provision of private investigator services, security guard services, or both.

Aggravated burglary as set forth in section 2911.11 of the Revised Code;

Breaking and entering as set forth in section 2911.13 of the Revised Code;

Burglary as set forth in section 2911.12 of the Revised Code;

Deception to secure writing as set forth in section 2913.43 of the Revised Code;

Endangering children as set forth in section 2919.22 of the Revised Code;

Forgery as set forth in section 2913.31 of the Revised Code;

Identity fraud as set forth in section 2913.49 of the Revised Code;

Misuse of a credit card as set forth in section 2913.21 of the Revised Code;

Misuse of the law enforcement automated database system (LEADS) as set forth in section 2913.04 of the Revised Code;

Passing bad checks as set forth in section 2913.11 of the Revised Code;

Receiving stolen property as set forth in section 2913.51 of the Revised Code;

Safecracking as set forth in section 2911.31 of the Revised Code;

Theft as set forth in section 2913.02 of the Revised Code;

Voyeurism as set forth in section 2907.08 of the Revised Code;

Wiretapping as set forth in section 2933.52 of the Revised Code;

An attempt or conspiracy to commit or complicity in committing any of the offenses listed in paragraphs (B)(1) to (B)(15) of this rule, if the attempt, conspiracy, or complicity is a felony;

A violation of any former law of this state, any existing or former law of another state, existing or former law applicable in a military court or an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any of the offenses listed in paragraphs (B)(1) to (B)(15) of this rule.

Question 13

Who elects Chairperson and Vice-Chairperson?

Answer 13

members shall elect a chairperson and a vice-chairperson by a majority vote, and also shall establish its meeting schedule for the remainder of the year. The chairperson and vice-chairperson shall serve until their successors are elected. No member may serve as chairperson more than three times during a five-year term.

Question 14

Are commission members reimbursed for expenses incurred while performing official duties?

Answer 14

) Each member of the commission shall receive the member’s necessary expenses incurred in the performance of official duties, including travel, hotel, and other necessary expenses. Members of any special committee, which may be appointed by the commission to assist it, who are not members of the commission also may receive necessary expenses.

Question 15

When do Company licenses expire?

Answer 15

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.

Question 16

When is a new license is required?

Answer 16

1. A change in the form of business organization; or
2. A change to the legal name of the licensee as registered with the Ohio secretary of state; or
3. A change in the class of a license; or
4. Failure to renew a current license by the licensee by the first day of March each year.
5. The department of public safety shall be notified in writing within ten days of any change in the controlling interest of a corporation, 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.

Question 17

What is a conditional license?

Answer 17

A license that is good for one year if an applicant has a criminal past that doesn’t disqualify him/her from applying.

(A) In accordance with division (I)(4) of section 4740.06 of the Revised Code, in lieu of denying the application or renewal, the appropriate specialty section may instead in its discretion issue a conditional license. The conditional license may impose certain obligations upon the individual in order to obtain or maintain the license. If the conditions are not met, or if the individual otherwise violates Chapter 4740. of the Revised Code or the rules enacted thereunder, the appropriate specialty section may revoke the conditional license.

(B) The conditional license shall last for one year and shall then expire, after which point the conditions imposed upon the license shall no longer be in effect and the individual shall be deemed fully-licensed. The individual shall still be obligated to comply with the requirements for every non-conditional licensee, including all renewal requirements.

Question 18

How to obtain a duplicate copy of the company license?

Answer 18

Pay fee up to $25 for lost, destroyed, etc.

Question 19

Can a Qualifying Agent represent more than one company?

Answer 19

Yes, as long as he is active in both?

Question 20

What are the requirements to obtain a license to operate?

Answer 20

1. Has a good reputation for integrity, has not been convicted of a disqualifying offense as defined in section 4776.10 of the Revised Code within the last three years or any crime of moral turpitude as that term is defined in section 4776.10 of the Revised Code, and has not been adjudicated incompetent for the purpose of holding the license, as provided in section 5122.301 of the Revised Code, without having been restored to legal capacity for that purpose.
2. 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.
3. 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.
4. 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.
5. Pays the requisite examination and license fees.

Question 21

Do pre-employment background investigators or consumer reporting agencies need a Private Investigation license?

Answer 21

No

Question 22

Whats a crime of moral turpitude?

Answer 22

1. A violation of section 2903.01 or 2903.02 of the Revised Code;
2. A sexually oriented offense as defined in section 2950.01 of the Revised Code;
3. An offense that is an offense of violence as defined in section 2901.01 of the Revised Code, if the offense is a felony of the first or second degree;
4. Complicity in committing an offense described in division (A)(1) of this section;
5. An attempt or conspiracy to commit or complicity in committing any offense described in division (A)(1), (2), (3), or (4) of this section if the attempt, conspiracy, or complicity is a felony of the first or second degree;
6. A violation of any former law of this state, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in division (A)(1), (2), (3), (4), or (5) of this section.

(B) “Direct nexus” means that the nature of the offense for which the individual was convicted or to which the individual pleaded guilty has a direct bearing on the fitness or ability of the individual to perform one or more of the duties or responsibilities necessarily related to a particular occupation, profession, or trade.

(C) “Disqualifying offense” means an offense that is a felony and that has a direct nexus to an individual’s proposed or current field of licensure, certification, or employment.

Question 23

Can a company or person be fined for working without a license?

Answer 23

Yes, Up to one hundred dollars per day.

Question 24

Can a company license be transferred to another corporation?

Answer 24

Yes, upon written notification with a $25 fee provided that the Qualifying Agent is the same.

Question 25

How long does the Chairperson and Vice-Chairperson Serve?

Answer 25

No more than 3 years of a 5-year term.

Question 26

What happens if the Qualifying agent quits?

Answer 26

If a corporation is for any reason no longer associated with an individual who qualified it for licensure under this chapter, an officer of the corporation shall notify the director of that fact by certified mail, return receipt requested, within ten days after the association terminates. If the notification is so given, the individual was the only individual that qualified the corporation for licensure, and the corporation submits the name of another officer or qualifying agent to qualify the corporation for the license within thirty days after the association terminates, the corporation may continue to operate in the business of private investigation, the business of security services, or both businesses in this state under that license for ninety days after the association terminates. If the officer or qualifying agent whose name is submitted satisfies the requirements of divisions (A)(1) and (F)(1) of this section, the director shall issue a new license to the corporation within that ninety-day period.

Question 27

How much does a replacement identification card cost?

Answer 27

$5

Question 28

How will the company know when to renew a license?

Answer 28

Reminders are sent out on the 2nd day of January.

Question 29

Report of presence to local law enforcement…

Answer 29

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. Application for a branch office license shall be made on a form prescribed by the director of public safety, and a license shall be issued upon receipt of the form and payment of a fee fixed by the director, not exceeding one hundred dollars. If a licensee moves an office, the licensee shall notify, in writing, the department of public safety and any affected sheriff and chief of police within forty-eight hours of the change. This division does not apply to a licensed private investigator who is engaging in the business of private investigation as a registered employee of a licensed private investigator.

Question 30

How to submit a change of address for a branch location?

Answer 30

Submit the Multiple Change Application within 48 Hours.

Question 31

When does the Qualifying Agents Registration expire?

Answer 31

Same day as the company license… On March 1st

Question 32

When is a new company license required?

Answer 32

1. A change in the form of business organization.
2. A Change to the legal name of the licensee.
3. A Change in the class of license.
4. Failure to renew a current license by March 1st.

Question 33

What to put on the back of the passport photo?

Answer 33

Registrants name. Affix with glue or clear tape only.

Question 34

How long do I have to submit an Employee Termination Report?

Answer 34

10 calendar days from separation. Must accompany the employee’s identification card.

Question 35

Are employees required to wear uniforms?

Answer 35

No

Question 36

Can an employee carry a firearm while the application is pending if the client has signed the waiver?

Answer 36

No

Question 37

Can an employee wear another licensee’s uniform?

Answer 37

No, not even if a contract or subcontract exists.

Question 38

Are Registered employees required to wear badges?

Answer 38

Registered employees of licensees are not required to wear badges. Any badges used by such employees, except as provided in paragraph (D) of this rule, shall be furnished by the licensee. All badges used shall be numbered for identification, shall include the name of the licensee’s business, and shall be clearly marked at all times. The licensee shall keep an up-to-date record showing to whom each badge has been issued. Badges shall be distinct from those of the local or state law enforcement authorities.

Question 39

Are Registered employees required to wear uniforms?

Answer 39

Registered employees of licensees are not required to wear uniforms. Any uniforms worn by such employees, except as provided in paragraph (D) of this rule, shall be readily distinguishable from the uniforms worn by law enforcement authorities. Identifying patches shall be required on all uniforms. A licensee’s patch shall be distinct and shall be visible at all times. The name of the licensee’s business shall be clearly displayed on the patches; initials shall be allowed with prior written approval of the department of public safety. Where blazer-type jackets are used, the identifying patch may be worn on either the left breast pocket or on the left sleeve near the shoulder seam.

Question 40

No patrol vehicle used by a licensee shall be marked with any words or phrase that can be construed as law enforcement or governmental agency such as, but not limited to:

Answer 40

1. Homeland security
2. Highway patrol
3. Bureau of investigation
4. Police
5. Private police
6. Sheriff
7. The word “patrol” used in conjunction with “Ohio”or “State”
8. SWAT
9. Cop
10. Public safety
11. Peace Officer
12. Constable
13. Law enforcement
14. Trooper
15. Deputy
16. Agent

The provision of paragraph (B)(1) of this rule may be waived in writing by the director of department of public safety.

Question 41

Company advertisements must-have?

Answer 41

legal name or trade name designation and the address under which the licensee is licensed to do business.

Question 42

Does a new FAB application have to be submitted each year?

Answer 42

Yes, there is not a renewal form for this. The same $15 fee applies.

Question 43

What is the Qualifying Agents Renewal Rap Back Fee?

Answer 43

$5

Question 44

What is the Qualifying Agents Initial fee + Rap Back Fee?

Answer 44

$25 + $5 Rap Back = $30

Question 45

What is the Registrants (New Hire) initial fee?

Answer 45

$40

Question 46

What is the Registrants Renewal fee?

Answer 46

$25

Question 47

Will the department notify individuals of an upcoming identification card expiration?

Answer 47

The department of public safety (department) shall provide notice to each individual or company holding a license issued pursuant to Chapter 4749. of the Revised Code of the expiration of the registrations of its employees. The notices shall be in writing and shall be provided at a minimum of sixty days prior to the expiration of the registrations.

Question 48

What is a Quarterly Report?

Answer 48

A report that is submitted to the department with a current list of registered employees 4 times a year.

Question 49

Who are cashiers checks and money orders made out to?

Answer 49

Ohio treasurer of state