HP1148
LD 1563		 PUBLIC Law, Chapter 366

Signed on 2011-06-16 00:00:00.0 - First Regular Session - 125th Maine Legislature
 
  
Bill Tracking, Additional Documents Chamber Status

An Act To Regulate the Licensing and Oversight of Professional Investigators

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §12004-G, sub-§29-D  is enacted to read:

29-D.   
Professional Investigators Board of Licensure of Professional Investigators Expenses Only 32 MRSA §8103-A

Sec. 2. 17-A MRSA §1057, sub-§1, ¶A,  as enacted by PL 1989, c. 917, §2, is amended to read:

A. Not being a law enforcement officer or a private professional investigator licensed under Title 32, chapter 89 and actually performing as a private professional investigator, the person possesses any firearm on the premises of a licensed establishment posted to prohibit or restrict the possession of firearms in a manner reasonably likely to come to the attention of patrons, in violation of the posted prohibition or restriction; or

Sec. 3. 17-A MRSA §1057, sub-§5,  as amended by PL 2009, c. 447, §20, is further amended to read:

5.    For purposes of this section, "under the influence of intoxicating liquor or drugs or a combination of liquor and drugs or with an excessive alcohol level" has the same meaning as "under the influence of intoxicants" as defined in Title 29-A, section 2401, subsection 13. "Excessive alcohol level" means an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. Standards, tests and procedures applicable in determining whether a person is under the influence or has an excessive alcohol level within the meaning of this section are those applicable pursuant to Title 29-A, sections 2411 and 2431; except that the suspension of a permit to carry concealed firearms issued pursuant to Title 25, chapter 252, or of the authority of a private professional investigator licensed to carry a concealed firearm pursuant to Title 32, chapter 89, is as provided in those chapters.

Sec. 4. 17-A MRSA §1057, sub-§6, ¶B,  as enacted by PL 1989, c. 917, §2, is amended to read:

B. If the person so convicted is licensed as a private professional investigator, suspend for a period of 5 years that person's right as a private investigator permit to carry a concealed firearm.

Sec. 5. 25 MRSA §2002, sub-§9, ¶D,  as enacted by PL 1997, c. 360, §3, is amended to read:

D. To a private professional investigator licensed under Title 32, chapter 89:

(1) The Chief of the State Police.

Sec. 6. 32 MRSA §8101,  as enacted by PL 1981, c. 126, §2, is amended to read:

§ 8101. Short title

This chapter shall be is known and may be cited as the Private Professional Investigators Act.

Sec. 7. 32 MRSA §8102,  as enacted by PL 1981, c. 126, §2, is amended to read:

§ 8102. Purpose

It is the The purpose of this chapter is to regulate any person, firm, corporation or other legal entity engaging engaged in the business of private investigating investigation.

Sec. 8. 32 MRSA §8103, sub-§1,  as amended by PL 2001, c. 298, §1, is repealed.

Sec. 9. 32 MRSA §8103, sub-§1-A  is enacted to read:

1-A.  Board.   "Board" means the Board of Licensure of Professional Investigators under section 8103-A, as established under Title 5, section 12004-G, subsection 29-D.

Sec. 10. 32 MRSA §8103, sub-§1-B  is enacted to read:

1-B.  Chief.   "Chief" means the Chief of the State Police or the chief's designee.

Sec. 11. 32 MRSA §8103, sub-§1-C  is enacted to read:

1-C.  Computer forensics.   "Computer forensics" means the use of digital forensic science that involves the examination of digital media to identify, preserve, recover and analyze information related to legal matters.

Sec. 12. 32 MRSA §8103, sub-§2,  as enacted by PL 1981, c. 126, §2, is amended to read:

2. Investigative assistant.   "Investigative assistant" means a person who acts as a private professional investigator under the direct supervision of a licensed private professional investigator in accordance with this chapter.

Sec. 13. 32 MRSA §8103, sub-§3,  as enacted by PL 1981, c. 126, §2, is amended to read:

3. Licensee.   "Licensee" means any person licensed under this chapter as a private professional investigator or investigative assistant.

Sec. 14. 32 MRSA §8103, sub-§4-A  is enacted to read:

4-A.  Private investigation.   "Private investigation" means for any consideration whatsoever, to agree to obtain, or to in fact obtain information with reference to any of the following:
A.  A crime or other act committed or threatened against the laws or government of the United States, any state or territory or any political subdivision of a state or territory;
B.  The identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation or character of any person;
C.  The cause of or responsibility for libels, fires, losses, accidents or damage or injury to persons or property;
D.  The location, disposition or recovery of lost or stolen property;
E.  Evidence to be used before a court, board, officer or investigative committee, including evidence derived through computer forensics; or
F.  The detection of surreptitiously installed devices designed for eavesdropping or observation, or both, for video and audio devices.

Sec. 15. 32 MRSA §8103, sub-§5,  as enacted by PL 1981, c. 126, §2, is repealed and the following enacted in its place:

5.  Professional investigator.   "Professional investigator" means any person who engages in or solicits business or accepts employment to conduct private investigations.

Sec. 16. 32 MRSA §8103-A  is enacted to read:

§ 8103-A.  Board of Licensure of Professional Investigators

1.  Establishment.   The Board of Licensure of Professional Investigators, referred to in this chapter as "the board," is established pursuant to Title 5, section 12004-G, subsection 29-D to administer the provisions of this chapter to protect the public by improving the standards relative to the practice of private investigation and to protect the public from unqualified practitioners.
2.  Duties.   The board has the following powers and duties:
A.  To provide advice regarding rules proposed by the chief;
B.  At the request of the chief, to review written examinations for professional investigator applicants;
C.  At the request of the chief, to advise the chief on granting, suspending and revoking the licenses of professional investigators;
D.  To establish standards governing the safety and conduct of persons licensed under this chapter;
E.  To recommend investigations regarding alleged violations of the provisions of this chapter and any rules adopted by the chief; and
F.  To provide information to the chief on any matter as the board determines appropriate or necessary.
3.  Members.   The board consists of 7 members who must be residents of the State and are appointed by the Governor as follows:
A.  Two members of the State Police recommended by the chief;
B.  One member recommended by the Attorney General;
C.  Three members of the public, with no more than 2 holding a license under this chapter, to be appointed to reflect a wide diversity of private investigation experience. At least one member must be chosen for the member's expertise in operating a private investigation company in this State and must have a minimum of 5 years of experience as a licensed private investigator; and
D.  One administrator from a local or county law enforcement agency.
4.  Terms; removal.   Terms of the members of the board are for 3 years. The terms are governed by Title 10, section 8009. Members may be removed by the Governor for cause.
5.  Meetings; chair; quorum.   The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. Four members of the board constitute a quorum.

Sec. 17. 32 MRSA §8104, sub-§1,  as enacted by PL 1981, c. 126, §2, is amended to read:

1. License.   No A person may not act as a private professional investigator without first obtaining from the commissioner chief a license to be a private professional investigator or investigative assistant.

Sec. 18. 32 MRSA §8104, sub-§2, ¶A,  as enacted by PL 1981, c. 126, §2, is amended to read:

A. A person employed by or on behalf of the State, Federal Government, any state or any political subdivision thereof, or any public instrumentality or a Canadian province, while in the performance of his the person's official duties;

Sec. 19. 32 MRSA §8104, sub-§2, ¶B,  as enacted by PL 1981, c. 126, §2, is repealed.

Sec. 20. 32 MRSA §8104, sub-§2, ¶E,  as enacted by PL 1981, c. 126, §2, is amended to read:

E. An insurance company , or agent thereof, investigating the personal habits and financial responsibility of applicants for insurance or indemnity bonds;

Sec. 21. 32 MRSA §8104, sub-§2, ¶F,  as enacted by PL 1981, c. 126, §2, is amended to read:

F. An attorney admitted to practice law in the State acting in a professional capacity;

Sec. 22. 32 MRSA §8104, sub-§2, ¶H,  as enacted by PL 1981, c. 126, §2, is amended to read:

H. An insurance adjuster or investigator, or an employee investigating claims for or against his the employee's employer;

Sec. 23. 32 MRSA §8104, sub-§2, ¶I,  as enacted by PL 1981, c. 126, §2, is amended to read:

I. A person engaged in compiling genealogical information or otherwise tracing lineage or ancestry, by primarily using public records and historical information or databases;

Sec. 24. 32 MRSA §8104, sub-§2, ¶J,  as enacted by PL 1981, c. 126, §2, is amended to read:

J. A person possessing a valid private investigator's license granted under any prior existing provision of law of this State, provided that as long as, upon expiration of the license, the person shall be is governed by this section; or

Sec. 25. 32 MRSA §8104, sub-§2, ¶K,  as enacted by PL 1981, c. 126, §2, is repealed and the following enacted in its place:

K.  A person employed exclusively and regularly by an employer in connection with the affairs of the employer only, and there exists a bona fide employer-employee relationship in which the employee is reimbursed on an hourly basis;

Sec. 26. 32 MRSA §8104, sub-§2, ¶L  is enacted to read:

L.  A person acting within the scope of the person's professional practice to analyze facts, evidence or other data for the purposes of supplying expert testimony in a legal proceeding; or

Sec. 27. 32 MRSA §8104, sub-§2, ¶M  is enacted to read:

M.  An Internet research company or an individual who is solely engaged in the retrieval of data from an online source or database and who does not question individuals in person, by phone or by electronic means, when those electronic means are used as a tool to gather information for a fee.

Sec. 28. 32 MRSA §8105, first ¶,  as enacted by PL 1981, c. 126, §2, is amended to read:

A person is qualified to be licensed as a private professional investigator who:

Sec. 29. 32 MRSA §8105, sub-§1,  as enacted by PL 1981, c. 126, §2, is amended to read:

1. Age.  Is at least 18 21 years of age;

Sec. 30. 32 MRSA §8105, sub-§4,  as amended by PL 1995, c. 694, Pt. D, §56 and affected by Pt. E, §2 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:

4. Character.   Has demonstrated good moral character and has not been convicted of a crime which that is punishable by a maximum term of imprisonment equal to or exceeding one year, or a crime enumerated in this chapter. The determination of good moral character shall must be made in writing, based upon evidence recorded by a governmental entity. The commissioner chief shall consider matters recorded within the previous 5 years including, but not limited to, the following:
A. Records of incidents of abuse by the applicant of family or household members provided pursuant to Title 19-A, section 4012, subsection 1;
B. Records provided by the Department of Health and Human Services regarding the failure of the applicant to meet child or family support obligations;
C. Records of 3 or more convictions of the applicant for Class D or E crimes;
D. Records of 3 or more civil violations by the applicants applicant; or
E. Records that the applicant has engaged in recklessness or negligence that endangered the safety of others, including the use of weapons or motor vehicles;

Sec. 31. 32 MRSA §8105, sub-§5,  as amended by PL 2009, c. 20, §1, is further amended to read:

5. Application.  Submits an application approved by the chief that contains , at a minimum, includes the following information:
A.  Full The applicant's full name;
B.  Full The applicant's full current residential address and the applicant's residential addresses for during the prior previous 5 years;
C. The applicant's date and place of birth, height, weight and color of eyes;
D. A written statement signed by the applicant granting the chief of police authority to check the criminal records of any law enforcement agency that pertains to any matter involving the applicant. The applicant must agree to submit to having the applicant's fingerprints taken by the issuing authority if it becomes necessary to resolve any question as to the applicant's identity; and
E.  Answers The answers to the following questions:

(1) Are you currently under indictment or information for a crime for which the possible penalty is imprisonment for a period equal to or exceeding one year?

(2) Have you ever been convicted of a crime for which the possible penalty was imprisonment for a period equal to or exceeding one year?

(3) Are you a fugitive from justice?

(4) Are you an unlawful user of or addicted to marijuana or any other drug?

(5) Have you been adjudged mentally defective or been committed to a mental institution within the past 5 years? or

(6) Are you an illegal alien?

By affixing the applicant's signature, the applicant certifies that the information in the application provided by the applicant is true and correct and , that the applicant understands that an affirmative answer to any of the questions in paragraph E is cause for refusal a license to be denied and that any false statement may result in prosecution as provided in section 8114.

Sec. 32. 32 MRSA §8105, sub-§7-A,  as amended by PL 2001, c. 298, §3, is further amended to read:

7-A. Experience.  Meets at least one of the following criteria:
A. Has been employed for consideration for a minimum of 1,700 hours as an successfully completed an investigative assistant possessing a valid license issued by the commissioner. The 1,700 hours must have been completed within 2 years after the date of issuance of the investigative assistant license but may not have been completed in less than one year after the date of issuance of the license sponsorship program pursuant to section 8110-B and has earned a minimum of 60 academic credits of postsecondary education in a related field of study or an equivalent certificate of study for private investigation;
B. Has been employed for a minimum of one year 3 years as a member of an investigative service of the United States or as a sworn member of a branch of the United States Armed Forces or a federal investigative agency. For purposes of this paragraph, "a member of an investigative service of the United States" means a full-time federal investigator or detective of the United States Armed Forces;
B-1.  Has held for a period of not less than 3 years a valid professional investigator's license granted under the laws of another state or territory of the United States if:

(1) The requirements of the state or territory for a professional investigator's license were, at the date of the licensing, substantially equivalent to the requirements of this chapter; and

(2) The other state or territory grants similar reciprocity to license holders in this State;

C. Has been employed for a minimum of one year 3 years as a law enforcement officer of a state or political subdivision of a state and has met the training requirements set forth in Title 25, section 2804-C , or is qualified to receive a waiver from those requirements; or
D. Possesses a minimum of 6 years of preparation consisting of a combination of:

(1) Work experience, including at least 2 years in a nonclerical occupation related to law or the criminal justice system; and

(2) Educational experience, including at least:

(a) Sixty academic credits of post-secondary postsecondary education in a field of study listed in division (b) acquired at an accredited junior college, college or university; or

(b) An associate degree in law enforcement, based on 2 years of post-secondary instruction, conferred by an established acquired at an accredited junior college, college, university or technical college in police administration, security management, investigation, law, criminal justice or computer forensics or other similar course of study acceptable to the chief; and or

(c) An associate degree in any field of study that is acceptable to the chief; and

Sec. 33. 32 MRSA §8105, sub-§8,  as enacted by PL 1981, c. 126, §2, is amended to read:

8. Examination.  Has passed an examination administered by the commissioner chief covering subjects pertaining to private investigation to be prescribed by him the chief, provided that except that a person currently licensed, as described in section 8106, may at no time be required to take any such examination.

Sec. 34. 32 MRSA §8106,  as enacted by PL 1981, c. 126, §2, is amended to read:

§ 8106. Acquisition of license by persons currently licensed

A person possessing, under Maine law, a valid private investigator's license on the effective date of this chapter whose license then expires, shall by application, compliance with section 8105, subsection 8 and payment of the required fee, be is entitled to a private professional investigator's license.

Sec. 35. 32 MRSA §8107,  as enacted by PL 1981, c. 126, §2, is amended to read:

§ 8107. Application for original license

Applications for original licenses shall must be made to the commissioner in writing chief under oath on forms prescribed by him with respect to the requirements of section 8105 the chief demonstrating the qualifications required under this chapter. The application shall must be accompanied by the fee required under section 8117 , and by a certification , by each of 3 reputable citizens of the State , of the following:

1. Residence.  That he the reputable citizen resides in the community in which the applicant resides, has a place of business or proposes to conduct his the applicant's private investigator investigation business;
2. Knowledge of applicant.  That he the reputable citizen has personally known the applicant for at least 3 years;
3. Relation to applicant.  That he the reputable citizen is not related to the applicant by blood or marriage;
4. Character of applicant.  That the applicant is honest and of good moral character; and
5. Truth of statements in application.  That he the reputable citizen has read the application and believes each statement in it to be true.

Sec. 36. 32 MRSA §8108,  as enacted by PL 1981, c. 126, §2, is repealed.

Sec. 37. 32 MRSA §8109,  as amended by PL 2003, c. 620, §1, is further amended to read:

§ 8109. Renewal of license

Each private professional investigator's license is valid for an initial term of 2 years and is, unless . Unless the license is revoked or suspended, renewable the licensee may apply to renew the license every 4 years after the initial term.

Sec. 38. 32 MRSA §8110, sub-§2,  as amended by PL 1983, c. 221, §1, is further amended to read:

2. Application.   Application An application for an investigative assistant's license shall must be made to the commissioner chief in accordance with the requirements of sections section 8105 , subsection 5 and section 8107. The application shall must be accompanied by the fee required under section 8117.

Sec. 39. 32 MRSA §8110, sub-§3,  as amended by PL 2003, c. 620, §2, is further amended to read:

3. Term of license.  The investigative assistant's license is valid for 2 years from the date of issuance and is not renewable. To qualify for a license as a professional investigator, within those 2 years the investigative assistant must complete 1,200 hours of training.

Sec. 40. 32 MRSA §8110, sub-§4  is enacted to read:

4.  Sponsor.   An investigative assistant may engage in the business of private investigating only when sponsored by a professional investigator licensed under this chapter.

Sec. 41. 32 MRSA §8110-A,  as enacted by PL 1985, c. 207, §1, is amended to read:

§ 8110-A. Employment of investigative assistant

A private professional investigator duly licensed under this chapter whose primary place of business is located in the State may employ an investigative assistants provided that assistant pursuant to section 8110-B subject to the following:

1. Limit on number of investigative assistants.   No more than 3 one investigative assistants are assistant is employed at one time; and
2. Investigative assistant to be licensed.   Each The investigative assistant is duly licensed under this chapter.

Sec. 42. 32 MRSA §8110-B  is enacted to read:

§ 8110-B.  Sponsorship of investigative assistant

1.  Supervision and documentation of investigative assistant's activities.   The sponsoring professional investigator is responsible for overseeing and documenting the activities of the investigative assistant under the sponsoring professional investigator's supervision, including:
A.  Keeping a record of all 1,200 training hours, including hours worked on specific activities performed by the investigative assistant; and
B.  Providing specific training in areas determined by the chief by rule.
2.  Distribute materials.   The holder of an investigative assistant's license may not obtain or distribute any materials, such as a business card, letterhead, invoice or brochure, in any name other than that of the sponsoring professional investigator.
3.  Termination of investigative assistant.   A duly licensed professional investigator who terminates the sponsorship of a licensed investigative assistant must notify the chief of the termination immediately. The notification must be in writing and contain the cause of the termination. The chief shall immediately notify the investigative assistant that the investigative assistant must cease all licensed activity.

Sec. 43. 32 MRSA §8111,  as enacted by PL 1981, c. 126, §2, is amended to read:

§ 8111. Bonding and insurance requirements

1. Bonding requirement.  A person licensed as a private professional investigator shall give to the commissioner chief a bond in the sum of $10,000 if he the licensee is a resident of the State and in the sum of $50,000 if he the licensee is not a resident of the State.

A person licensed as an investigative assistant shall give to the commission chief a bond in the sum of $20,000.

2. Form of a bond.  Each bond shall must:
A. Be in a form prescribed by the commissioner chief;
B. Be executed by the licensee as principal and by a surety company authorized to do business in this State as surety; and
C. Be conditioned upon the honest conduct of the business of the licensee and the right of any person, including the officer of any aggrieved labor union or association, whether or not incorporated, injured by the intentional, knowing, reckless or negligent act of the licensee to bring, in his the licensee's own name, an action on the bond.
3.  Insurance requirement.   A person licensed as a professional investigator shall provide to the chief proof of insurance naming the licensee as the insured issued by an insurer authorized to do business in the State in the amount of a minimum of $10,000 in property damages, $100,000 for injury or death of a person and $200,000 for injuries to or deaths of more than one person arising out of the operation of the licensed activity. Proof of insurance must be submitted to the chief annually.

Sec. 44. 32 MRSA §8113,  as amended by PL 2011, c. 161, §§1 to 3, is further amended to read:

§ 8113. Refusal; suspension; revocation; grounds

The commissioner In accordance with the Maine Administrative Procedure Act, the chief may , after notice of an opportunity for hearing in conformance with the provisions of the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, refuse to issue or renew a license . The District Court may , suspend or revoke the license of any person licensed under this chapter . The following are grounds for an action to refuse to issue, suspend, revoke or refuse to renew the license of a person licensed under this chapter , impose probationary conditions, fines or costs of hearing and investigation or issue a written warning on the following grounds:

1. Fraud or deceit.   The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued;
2. Conviction of certain crimes.   Conviction of a crime which that involves dishonesty or false statement or which that relates directly to the practice for which the licensee is licensed or which that is enumerated in this chapter , or conviction of any crime for which incarceration for one year or more may be imposed;
3. Violation of chapter or rule.   Any violation of this chapter or any rule adopted by the commissioner chief;
4. Aiding or abetting unlicensed practice of private investigation.   Aiding or abetting the practice of private investigation by a person not duly licensed under this chapter and who represents himself to be others that the person is duly licensed;
5. Failure to maintain bond and insurance.   Failure to maintain a bond and insurance as required by section 8111;
6. Incompetence.   Incompetence in the practice for which he the person is licensed. A licensee shall be deemed is considered incompetent in the practice if the licensee has:
A. Engaged in conduct which that evidences a lack of ability or fitness to discharge the duty owed by the licensee to a client or the general public; or
B. Engaged in conduct which that evidences a lack of knowledge , or an inability to apply principles or skills to carry out the practice for which he the person is licensed;
7. Employment of prohibited person.  Employment, in connection with a private investigation business, in any capacity, of any person who has been convicted of a crime punishable by imprisonment for one year or more or any former licensee whose license has been revoked;
8. Representations that licensee is sworn peace officer.  Representation by the licensee that suggests, or that would reasonably cause another person to believe, that the licensee is a sworn peace officer of this State, any political subdivision of this State, any other state or of the Federal Government; or
9. Unpermitted contact with a child.  Contact or communication with a child who has not attained 14 years of age regarding a private investigation if that contact or communication includes conduct with the intent to harass, torment, intimidate or threaten a child.
10.  Misstatement.   Intentionally or knowingly making a material misstatement in filing an application for a license or renewal of a license;
11.  Violation of standards of acceptable professional conduct.   A violation of the standards of acceptable professional conduct adopted by rule by the chief; or
12.  Cause for refusal.   Committing an act that would have been cause for the refusal to issue a license had the act occurred and been known to the chief at the time of issuance of a license.

The chief may reconsider, modify or reverse probation, suspension or other disciplinary action.

Sec. 45. 32 MRSA §8113-A,  as amended by PL 1995, c. 65, Pt. A, §132 and affected by §153 and Pt. C, §15, is further amended to read:

§ 8113-A. Suspension for refusal

1. Immediate suspension.   If the commissioner chief has probable cause to believe that a person licensed pursuant to this chapter is required to submit to chemical testing for the presence of intoxicating liquor or drugs pursuant to Title 17-A, section 1057 or for conduct that occurs while the licensee is in possession of a loaded firearm and the licensee refuses to submit to the required testing, the commissioner chief shall immediately suspend the licensee's right to carry a concealed firearm.
2. Report to chief.   The A law enforcement officer who has probable cause to require chemical testing of a licensee shall promptly notify the commissioner chief of the a licensee's refusal and provide the commissioner chief with a report of the facts and circumstances of the requirement to submit to chemical testing and of the licensee's refusal.
3. Suspension in effect during pendency.   The A suspension remains in effect until the entry of judgment if charges are filed of violating Title 17-A, section 1057 or of operating a motor vehicle, snowmobile, ATV or watercraft under the influence of intoxicating liquor or drugs, unless it is determined by the court in which the criminal charge or civil violation is pending, or by the Secretary of State if a hearing is held pursuant to Title 29-A, section 2483, that the law enforcement officer did not have probable cause to require the licensee to submit to chemical testing.

Sec. 46. 32 MRSA §8114,  as corrected by RR 2003, c. 2, §98, is amended to read:

§ 8114. Unlawful acts

A person is guilty of improper conduct in private investigation if the person commits any of the acts described in this section. Improper conduct in private investigation is a Class D crime.

1. Acting without license; false representation.   It is a Class D crime for any person knowingly to commit any of the following A person acts without a license or commits false representation if that person intentionally or knowingly:
A.  Subject to Except as provided in section 8104, to act acts as a private professional investigator without a valid license;
B.  To falsely represent Falsely represents that he the person is the holder of a valid license;
C.  To falsely represent Falsely represents that any person in his the person's employ is a private professional investigator or investigative assistant; or
D.  To make Makes any false statements or material omission in any application filed with the commissioner chief.
2. Representation as peace officer; employment of certain convicted persons; failure to surrender license.   It is a Class D crime for a A licensed private professional investigator or investigative assistant knowingly to commit any of the following acts commits misrepresentation as a peace officer, employment of a certain convicted person or failing to surrender if that professional investigator or investigative assistant intentionally or knowingly:
A.  To make Makes any representation, including, but not limited to, presentation of a badge, that suggests, or that would reasonably cause another person to believe, that the licensed private professional investigator or investigative assistant is a sworn peace officer of this State, any political subdivision thereof of this State, or any other state or of the Federal Government;
B.  To employ Employs, in connection with a private investigator investigation business, in any capacity, any a former licensee whose license has been revoked or a person who has been convicted of a felony or any former licensee whose license has been revoked; or :

(1) A crime in this State that is punishable by imprisonment for a term exceeding one year or more;

(2) A crime under the laws of the United States that is punishable by imprisonment for a term exceeding one year;

(3) A crime under the laws of another state that, in accordance with the laws of that jurisdiction, is punishable by a term of imprisonment exceeding one year. This subparagraph does not include a crime under the laws of another state that is classified by the laws of that state as a misdemeanor and is punishable by a term of imprisonment of 2 years or less; or

(4) A crime under the laws of another state that, in accordance with the laws of that jurisdiction, does not come within subparagraph (3) but is elementally substantially similar to a crime in this State that is punishable by a term of imprisonment for one year or more; or

C.  To fail Fails or refuse refuses to surrender his the professional investigator's license to the commissioner chief following revocation or suspension.
3. Employing unlicensed individual.   It is a Class D crime for a A licensed private professional investigator commits improper employment conduct if the professional investigator intentionally or knowingly to employ or engage employs or engages any other person to act as a private professional investigator unless the person so employed or engaged is licensed as a private professional investigator or investigative assistant.
4.  Failure of investigative assistant to return equipment.   It is a Class D crime for a licensed investigative assistant knowingly to fail to return immediately on demand, or within 7 days of termination of his employment any item of equipment issued to him by his employer.
5. Other unlawful acts.   It is a Class D crime for a A person licensed under this chapter or any person employed by him the person commits improper investigative conduct if that person intentionally or knowingly to commit any of the following acts:
A.  To incite Incites, encourage encourages or aid aids any person who has become a party to any strike to commit any unlawful act against any person or property;
B.  To incite Incites, stir stirs up, create creates or aid aids in the inciting of discontent or dissatisfaction among the employees of any person with the intention of having them strike;
C.  To interfere Interferes with or prevent prevents lawful and peaceful picketing during strikes;
D.  To interfere Interferes with, restrain restrains or coerce coerces employees in the exercise of their right to form, join or assist any labor organization of their own choosing;
E.  To interfere Interferes with or hinder hinders lawful or peaceful collective bargaining between employers and employees;
F.  To pay, offer Pays or offers to give any money, gratuity, consideration or other thing of value, directly or indirectly, to any person for any verbal or written report of the lawful activities of employees in the exercise of their right to organize, form or assist any labor organization and to bargain collectively through representatives of their own choosing;
G.  To advertise Advertises for, recruit recruits, furnish furnishes or replace replaces or offer offers to furnish or replace for hire or reward, within or outside the State, any skilled or unskilled help or labor, armed guards, other than armed guards employed for the protection of payrolls, property or premises, for service upon property which that is being operated in anticipation of or during the course of a strike;
H.  To furnish Furnishes armed guards upon the highways for persons involved in labor disputes;
I.  To furnish Furnishes or offer offers to furnish to employers or their agents any arms, munitions, tear gas implements or any other weapons;
J.  To send Sends letters of or literature to employers offering to eliminate labor unions; or
K.  To advise Advises any person of the membership of an individual in a labor organization for the purpose of preventing that individual from obtaining or retaining employment.

Sec. 47. 32 MRSA §8114-A  is enacted to read:

§ 8114-A.  Complaint investigation; disciplinary actions

1.  Complaint investigation.   The chief shall investigate a complaint, on the chief's own motion or upon receipt of a written complaint filed with the chief, regarding noncompliance with or violation of this chapter or of rules adopted by the chief. The chief may adopt rules regarding the receipt and investigation of complaints. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

The chief shall notify the licensee of the content of the complaint filed against the licensee as soon as possible, but not less than 60 days after receipt of the information. The licensee shall respond within 30 days. If the chief determines that a violation took place but was not of a serious nature, the chief may issue a written warning to the licensee. A copy of the warning and licensee's response to the complaint must be placed in the licensee's permanent file.

The licensee may, within 30 days of receipt of a warning, file a request for a hearing. Upon receipt of the request, the chief shall set aside the written warning and set the matter for hearing in accordance with the provisions of the Maine Administrative Procedure Act.

2.  Hearing.   If an investigation under subsection 1 reveals evidence supporting the complaint, the chief shall set the matter for hearing in accordance with the provisions of the Maine Administrative Procedure Act before suspending or revoking a license or imposing probationary or supervisory conditions or a fine.
3.  Aggrieved by disciplinary action.   A licensee aggrieved by a disciplinary action of the chief may bring an appeal in accordance with the Maine Administrative Procedure Act.
4.  Voluntary compliance.   At any time during the investigative or hearing process under this section, the chief may accept an assurance of voluntary compliance from the licensee if the assurance effectively deals with the complaint.

Sec. 48. 32 MRSA §8115,  as enacted by PL 1981, c. 126, §2, is repealed and the following enacted in its place:

§ 8115.  Identification cards; badges prohibited

1.  Issuance of identification cards.   The chief shall design and issue to each person licensed under this chapter an identification card featuring a recent photograph of the licensee.
2.  Use of badges prohibited.   A person licensed under this chapter may not carry or present a badge that suggests, or that would reasonably cause another person to believe, that the licensed professional investigator or investigative assistant is a sworn peace officer of this State, any political subdivision of this State, any other state or the Federal Government.

Sec. 49. 32 MRSA §8116,  as enacted by PL 1981, c. 126, §2, is amended to read:

§ 8116. Powers of the chief

1. Subpoenas.   In any investigation conducted by the commissioner chief under this chapter, the commissioner chief may issue subpoenas to compel the attendance of witnesses and the production of evidence relevant to any fact in issue.
2. Contempt.   If a witness refuses to obey a subpoena or to give any evidence relevent relevant to proper inquiry by the commissioner chief, the Attorney General may petition the Superior Court in the county where the refusal occurred to find the witness in contempt. The Attorney General shall cause to be served on that witness an order requiring him the witness to appear before the Superior Court to show cause why he the witness should not be adjudged in contempt. The court shall, in a summary manner, hear the evidence and, if it is such as to warrant him the witness in doing so, punish that witness in the same manner and to the same extent as for contempt committed before the Superior Court or with reference to the process of the Superior Court.
3. Rules.   The commissioner shall chief with the advice of the board may adopt all rules necessary to administer this chapter , including, but not limited to, fixing application and license fees rules regarding standards of acceptable professional conduct and establishing a training requirement requirements for and sponsorship of investigative assistants. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 50. 32 MRSA §8117,  as amended by PL 2003, c. 620, §4, is further amended to read:

§ 8117. Fees

1. Amount.   The fee for an original biennial license is $400 $500, of which $50 must be submitted with the application and $350 $450 must be submitted upon issuance of the license. The fee for a 4-year renewal is $400 $500, which is refundable upon denial of renewal. The fee for an investigative assistant's license is $600, of which $200 must be submitted with the application and $400 must be submitted upon issuance of the license.
2. Expiration.   If a previously issued license has expired and not been renewed within a period of 60 days, the application shall must be considered the original application and the same fees and all requirements of an original application shall apply.
3. Expenses.   The fees required under this chapter shall must be applied to the expense of administering this chapter.

Sec. 51. 32 MRSA §8120-A,  as enacted by PL 1997, c. 360, §5, is amended to read:

§ 8120-A. Firearms

A private professional investigator licensed under this chapter may carry a firearm while performing the duties of a private professional investigator only after being issued a concealed weapons permit by the Chief of the State Police under chief pursuant to Title 25, chapter 252 and passing the written firearms examination prescribed by the commissioner chief.

Sec. 52. 32 MRSA §8121,  as enacted by PL 2003, c. 620, §5, is amended to read:

§ 8121. Confidentiality when under contract to law enforcement agency

A private professional investigator or investigative assistant who enters into a written contract with a law enforcement agency in this State to provide investigative services or consultation to the law enforcement agency is subject to the same provisions of law regarding confidentiality as are employees of the law enforcement agency with which the private professional investigator or investigative assistant is under contract.

Sec. 53. 32 MRSA §8122  is enacted to read:

§ 8122.  Proof of valid professional investigator's license

A person or company soliciting work or employment as a professional investigator shall provide proof to any client that the professional investigator holds a valid professional investigator's license before entering into any agreement or contract to conduct investigations.

Sec. 54. 32 MRSA §8123  is enacted to read:

§ 8123.  Violation

Except when a criminal penalty is otherwise provided, a person who violates this chapter or a rule adopted pursuant to this chapter commits a civil violation for which a fine of not less than $1,000 may be adjudged.

Sec. 55. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 32, section 8103-A, subsection 4, in appointing members to the Department of Professional and Financial Regulation, Board of Licensure of Professional Investigators, the Governor shall appoint one member of the Maine State Police for a one-year term and one member from the Maine State Police for a 2-year term and the first public member for a one-year term and the 2nd public member for a 2-year term. All other members are appointed for 3-year terms.

Sec. 56. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 32, chapter 89, in the chapter headnote, the words "private investigators" are amended to read "professional investigators" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Effective 90 days following adjournment of the 125th Legislature, First Regular Session, unless otherwise indicated.

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