Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-7 - Responsible and subordinate principals for agency license

Current through June, 2024
(a)
				No license shall be issued to an agency unless the business thereof and the
				agency's employees are under the direct management and control of a principal
				guard or principal detective who has been issued a license.
(b) An agency may have in its employ more
				than one principal; provided that the agency shall designate a responsible
				principal who shall be primarily responsible for the direct management of the
				detective or guard agency business and who shall be:
(1) In a position to secure full compliance
				with the laws governing private detectives or guards, including but not limited
				to chapter
				463, HRS, and this chapter;
(2) Familiar with all contracts the detective
				or guard agency enters into, sees that all contracts provisions are carried
				out, and signs or initials all contracts;
(3) Familiar with all projects or services
				the detective or guard agency undertakes and sees that records are kept on the
				projects or services, including but not limited to the amount of time spent by
				employees and payroll records on each project or service;
(4) Responsible for the acts of employees
				while the employees are acting within the scope and purpose of the detective or
				guard agency's business;
(5)
				Responsible for conducting pre employment and periodic post hire employment
				criminal history record checks of county, state, and federal agencies to insure
				that the detective or guard agency does not employ, or continue to employ, any
				person who has been convicted in any jurisdiction of a crime which reflects
				unfavorably on the fitness of the person to engage in the profession unless
				there has been an order annulling or expunging that convicted person's
				sentence;
(6) Responsible for
				insuring that the detective or guard agency does not employ, or continue to
				employ, any person who is suffering from any psychiatric or psychological
				disorder which is directly related and detrimental to a person's performance in
				the profession;
(7) Responsible for
				the mandatory documentation of and the training of detective and guard
				employees. The principal shall insure that records of the names of employees,
				dates of training, and subject matter be kept on file indefinitely for all
				current employees, and at least two years from the date of separation for all
				former employees. The training shall include but not be limited to the
				following:
(A) For detective employees: case
				investigation and documentation, laws and rules, ethics, privacy issues, review
				of criminal and civil history records, interview techniques, collection and
				handling of evidence, court testimony, use of force options (chapter 703, HRS),
				CPR/first aid, and surveillance techniques and activities.
(B) For guard employees: laws and rules, fire
				procedures, evacuation procedures, arrest and evidence procedures, patrol
				techniques, incident investigation, incident documentation, court testimony,
				screening of individuals entering the premise, and use of force options
				(chapter 703, HRS).
(8)
				Responsible for immediately informing the chief of police of the appropriate
				county of any conviction that would make it illegal under state or federal law
				to possess a firearm and ammunition for those employees who have written
				authorization from the chief of police to use a firearm; and
(9) Fully responsible for the direct
				management and control of the detective or guard agency and the agency's
				employees when detective or guard services are being provided.