SECTION 11. PRIVATE INVESTIGATION COMPANIES AND INDIVIDUALS Flashcards
Rule 11.0. Credentialed Private Investigator (CPI)
An applicant for a CPI credential
must work under the supervision of a qualified manager of a Class A company and pass an
examination administered by the ASP.
Rule 11.1. PI Course of Instruction
all applicants for a Class A or D license must
complete the following training requirements if they do not meet the experience of a manager as
outlined in A.C.A. § 17-40-306:
(a) Fifteen (15) hours of basic doctrines of private security (orientation) including history,
ethics, organization and functions of private security;
(b) Fifteen (15) hours of purposes of security;
(c) Twenty-five (25) hours of criminal law;
(d) Twenty-five (25) hours of civil law;
(e) Five (5) hours of legal powers and limitations;
(f) Forty (40) hours of security functions including report writing, patrol, interviewing
and interrogation, investigations, surveillance, evidence, public relations, and safety;
(g) Five (5) hours of A.C.A. § 17-39-101, et seq. and A.C.A. § 14-40-101, et seq.;
(h) Sixty (60) hours of security supervision management including administrative
responsibilities, investigative responsibilities, managerial responsibilities, and business
communications;
(i) Ten (10) hours of emergencies and disaster control; and
(j) Ten (10) hours of self defense (armed and unarmed).
Rule 11.2. Private Investigator Examination (a)
an applicant for a Private Investigator or
a Private Investigations Company license under this Section must demonstrate his or her
qualifications by successfully completing an examination.
(a) The examination shall consist of a minimum of one hundred (100) questions covering
the following:
(i) The subjects described in Rule 11.1, above;
(ii) These Rules;
(iii) Field note taking and report writing; and
(iv) The Arkansas Criminal Code.
Rule 11.2. Private Investigator Examination (b)
(b) The applicant must take the examination in person. If the applicant is a partnership or
corporation, the manager and any branch manager must take the examination.
Rule 11.2. Private Investigator Examination (c)
(c) Scoring seventy percent (70%) or above on the examination constitutes successful
completion.
Rule 11.2. Private Investigator Examination (d)
(d) If an applicant fails to successfully complete the required examination he or she:
(i) Must wait five 5 working days to be eligible to retake the test; and
(ii) Pay a re-examination fee of $50.00 if the test is administered by the Division.
Rule 11.2. Private Investigator Examination (e)
(e) Failure to successfully complete the examination after two (2) attempts shall result in
cancellation of the pending application. Upon cancellation, the applicant must re-apply as
a new applicant and is subject to pay the required application fees.
Rule 11.2. Private Investigator Examination (f)
(f) Applicants who have 5 years of consecutive experience in law enforcement and are
either currently employed in law enforcement or retired or former law enforcement
within the last 5 years are exempt from examination requirements.
Rule 11.3. Reports
Private investigators must submit written reports to any and all
clients upon request. Written reports shall include, but not be limited to, the investigative report
detailing all relevant information obtained during the investigation.
Rule 11.4. Badge or Shield
No licensee, officer, director, partner, or employee of an
investigations company shall wear, carry, accept, or show any badge or shield.
Rule 11.5. Confidential information
No licensee, officer, director, partner, or
employee of an investigations company shall reveal or attempt to reveal confidential information
to the subject of the investigation. Any contact with the subject of the investigation, whether
intentional or unintentional, shall be made a part of the investigative file of such case.
Rule 11.6. Invoices
All licensees or credential holders shall furnish to the client upon
request a complete, comprehensive, itemized statement for services. The statement shall include,
but not be limited to, a complete description of the services rendered, hours worked, expenses
incurred, and if a Class A company, the number of registrant private investigators used and hours
each worked.
Rule 11.7. Individual prohibition
No Class D licensee shall express or imply in any
communication, whether written, oral, or otherwise, including advertisements, that the licensee is
operating as anything other than an individual. This section specifically precludes use of the
term(s) “Associates,” “Association,” “Consultants,” or similar terms connoting an association,
partnership, affiliation, or alliance with any other individual, company, or entity.
Any licensee or credential holder who accepts employment from
an individual to perform any function listed in A.C.A. § 17-40-102(27) must execute a contract
with the client. The contract must be written or audibly recorded. It shall state the purpose of the
investigation or employment, the fee to be charged, how the fee is computed, and how the fee is
to be paid. If a retainer is required, the contract shall state the amount of the retainer and what
services will be covered. The contract is to be signed by the investigator and the client or contain
an audible recorded oral acknowledgment of understanding by both parties of the contract. Any additional services added by either party shall be in writing or audible recording, added to the
contract, and acknowledged by both parties.
A.C.A. § 17-40-102(27)
(27) “Private investigator” means a person who engages in the business or accepts employment to obtain or furnish information with reference to:
(A) A crime or wrong done or threatened against the United States or any state or territory of the United States; (B) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person; (C) The location, disposition, or recovery of lost or stolen property; (D) The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to property; or (E) The securing of evidence to be used before a court, board, officer, or investigating committee;
