reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-3 - ORGANIZATION AND ADMINISTRATION › Section 741-X-3-.01 - Selection And Composition Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Alabama Private Investigation Board
			 shall be composed of eight members.
(2) Three members appointed by the Governor,
			 two shall be private investigators in this state and one shall be a consumer
			 member who will represent the public at large. The initial terms shall be for
			 three years. Successor members shall be appointed for a term of four years
			 each.
(3) One member appointed by
			 the Lieutenant Governor shall be a private investigator. The initial term shall
			 be for two years. Successor members shall be appointed for a term of four
			 years.
(4) One member appointed by
			 the Speaker of the House of Representatives shall be a private investigator.
			 The initial term shall be for two years. Successor members shall be appointed
			 for a term of four years.
(5) One
			 member appointed by the Attorney General who shall be a private investigator.
			 The initial term shall be for two years. Successor members shall be appointed
			 for a term of four years.
(6) One
			 member appointed by the Alabama State Bar Association shall be a member in good
			 standing. This position shall be for a term of four years.
(7) One member appointed by the Alabama
			 Private Investigators Association shall be a private investigator. This
			 position shall be for a term of four years.
(8) Private investigator members of the Board
			 shall have had five years investigator experience prior to his or her
			 appointment. After August 1, 2018, private investigator members shall have been
			 licensed as an Alabama Licensed Private Investigator for at least five years
			 prior to his or her appointment.
(9) The composition of the Board shall
			 reflect the racial, gender, geographic, urban/rural, and economic diversity of
			 the state.
(10) All members shall
			 serve until their successor is appointed.
(11) Board member Oath of Offices shall be
			 filed with the Secretary of State.
(12) Members of the Board are immune from
			 civil liability and may not be liable for damages when acting in the
			 performance of their duties.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-3 - ORGANIZATION AND ADMINISTRATION › Section 741-X-3-.02 - Terms Of Office

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except for
			 the initial Board appointments, the term of office of all members shall be four
			 years.
(2) No member may be
			 appointed for more than two consecutive full terms.
(3) A vacancy in an unexpired term shall be
			 filled in the manner of the original appointment.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-3 - ORGANIZATION AND ADMINISTRATION › Section 741-X-3-.03 - Officers Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Board shall elect a Chair and Vice Chair each time a new member is appointed to
			 the Board.
(2) The Vice Chair shall
			 fill any vacancy in the office of the Chair.
(3) The duties of the officers shall be as
			 follows:
(a) The Chair shall preside at
			 meetings of the Board, appoint members to serve on committees as may be
			 created, serve as ex-officio member of all committees, and determine the rules
			 of order of Board meetings.
(b) The
			 Vice Chair shall preside in the absence of the Chair and shall assume the
			 duties of the Chair when necessary.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-3 - ORGANIZATION AND ADMINISTRATION › Section 741-X-3-.04 - Duties Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Board shall perform the following functions:
(a) Set licensure fees, including, but not
			 limited to, application, initial, and renewal.
(b) Establish standards of continuing
			 education in accordance with those standards developed and accepted by the
			 profession.
(c) Examine for,
			 approve, deny, suspend, and renew licensure of duly qualified
			 applicants.
(d) Promulgate and
			 publish rules in accordance with the Administrative Procedures Act.
(e) Conduct hearings on charges calling for
			 denial, suspension, revocation, or refusal to renew a license.
(f) Maintain a current roster of
			 licensees.
(g) Maintain a current
			 list of persons whose license have been suspended, revoked, or denied. The list
			 shall include the name, Social Security number, type, date, and cause of
			 action, penalty incurred, and the length of the penalty. The information on the
			 list, except for the Social Security numbers, shall be available for public
			 inspection during normal business hours.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-3 - ORGANIZATION AND ADMINISTRATION › Section 741-X-3-.05 - Meetings Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Board shall comply with the Alabama Open Meetings Act.
(2) A minimum of two regular meetings shall
			 be held each year.
(3) Special
			 meetings may be called by the Chair or by a quorum of the Board.
(4) A majority of the members of the Board
			 shall constitute a quorum for the transaction of business.
(5) A majority of those members on the Board
			 present and voting on any matter shall decide the matter before the Board,
			 except on procedural and evidentiary matters which are provided for in the
			 Administrative Procedures Act.
(6)
			 Board staff shall keep a record of all regular meetings. The minutes shall be
			 transcribed and presented for approval or amendment at the next regular
			 meeting. The minutes or a true copy thereof, approved by the Board, shall be
			 open to public inspection. The minutes shall reflect:
(a) The time and place of each regular
			 meeting of the Board;
(b) Names of
			 the Board members present;
(c)
			 Names of guests present;
(d) Names
			 of staff members present;
(e) Place
			 of meeting notice advertisements;
(f) All official acts of the Board;
(g) When requested by a dissenting Board
			 member, specific reasons shall be recorded; and
(h) A roll call vote may be taken upon the
			 request of a Board member.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-3 - ORGANIZATION AND ADMINISTRATION › Section 741-X-3-.06 - Employment Of Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may employ an executive director, investigators,
				inspectors, attorneys and any other agents and employees and assistants as may
				from time-to-time be necessary to establish and maintain administration and
				enforcement of the Alabama Private Investigation Regulatory Act and rules and
				regulations established by the Board. With the exception of the Executive
				Director, all personnel shall be subject to the provisions of the state Merit
				System Act.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-3 - ORGANIZATION AND ADMINISTRATION › Section 741-X-3-.07 - Use Of Forms

Current through Register Vol. 42, No. 9, June 28, 2024
Applications shall be made on the prescribed forms approved by
				the Board. Copies of instructions and forms are available from the office of
				the Board.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-3 - ORGANIZATION AND ADMINISTRATION › Section 741-X-3-.08 - Maintenance And Inspection Of Board Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall maintain its records in
			 accordance with the Alabama Open Meetings Act.
(2) Public records maintained by the Board
			 shall be subject to public disclosure pursuant to the Alabama Open Meetings Act
			 and the Alabama Open Records Act.
(3) Upon request to the Executive Director,
			 public records maintained by the Board shall be available for inspection and
			 duplication at the office of the Board during regular business hours. The
			 inspection and duplication of public records shall be under the supervision of
			 the Executive Director or an authorized designee.
(4) Any person wishing to obtain copies of
			 public records shall submit a written request to the office of the Board and
			 will be supplied copies upon payment of the cost of copying, handling and
			 postage.
(5) Public records
			 maintained by the Board that are available for inspection and duplication
			 include, but are not limited to:
(a) Board
			 minutes, except those minutes recorded during an executive session that are
			 prohibited from disclosure by the Alabama Open Meetings Act;
(b) Names and addresses of current
			 licensees;
(c) Names of persons
			 whose licenses have been suspended, revoked, or denied, including the type,
			 date, infraction, the penalty incurred, and length of the penalty;
(d) Rules and regulations of the Board, as
			 promulgated and published in accordance with the Sections
			 41-22-1, et seq., Administrative
			 Procedures Act,
Code of Ala. 1975
;
(e) Other written statements of policy or
			 interpretations formulated, adopted, or used by the Board in the discharge of
			 its duties and functions; and
(f)
			 Final orders, decisions, declaratory rulings, and opinions issued by the
			 Board.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-3 - ORGANIZATION AND ADMINISTRATION › Section 741-X-3-.09 - Rules And Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
All rules and regulations of the Board shall be adopted,
				amended or repealed in accordance with the Sections
				41-22-1 et seq., Administrative
				Procedures Act,
Code of Ala. 1975
.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-3 - ORGANIZATION AND ADMINISTRATION › Section 741-X-3-.10 - Petition For Adoption, Amendment Or Repeal Of A Rule

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any interested person may petition the
			 Board requesting the adoption of a new rule or the amendment or repeal of an
			 existing rule. The petition shall be in writing and shall include:
(a) The name and address of the
			 petitioner;
(b) An exact statement
			 of the proposed additional rule or amendment or identification of the rule to
			 be repealed; and
(c) The pertinent
			 facts, data, opinions or arguments in support of the petitioner's
			 position.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-3 - ORGANIZATION AND ADMINISTRATION › Section 741-X-3-.11 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
Any person substantially affected by a rule may petition the
				Board for a declaratory ruling with respect to the validity of a rule or the
				applicability to any person, property or state of facts of any rule or statute
				enforceable by it or with respect to the meaning and scope of any order of the
				Board.
(1) The petition shall be in writing
				and shall include:
(a) The name and address of
				the petitioner;
(b) A statement of
				facts sufficient to show that the person seeking relief is substantially
				affected by the rule; and
(c) The
				rule, statute or order and the reasons for the questions.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-3 - ORGANIZATION AND ADMINISTRATION › Section 741-X-3-.12 - Board Member Compensation

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Each member of the Board shall serve without compensation, but shall be
			 reimbursed for travel expenses incurred in attendance at meetings of the Board
			 and any other business of the Board at its discretion. Mileage rates shall be
			 the same as established for state employees.
(2) Board members shall also receive a per
			 diem allowance following the guidelines for state employees.
(3) The reimbursement for expenses shall be
			 paid from funds derived from the Alabama Private Investigation Board.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-3 - ORGANIZATION AND ADMINISTRATION › Section 741-X-3-.13 - Board Of Private Investigation Fund

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A special trust fund is established in
			 the State Treasury known as the Alabama Private Investigation Board Fund. All
			 funds received by the Board shall be deposited into the fund and shall be
			 expended only to implement and administer this act. No monies shall be
			 withdrawn or expended from this fund for any purpose unless the monies have
			 been appropriated by the Legislature and allocated pursuant to Sections
			 34-27B-1, et. Seq.,
Code of Ala. 1975
. Any monies appropriated shall be
			 budgeted and allocated pursuant to the Budget Management Act in accordance with
			 Article 4, (commencing with Section
			 41-4-80)  of Chapter 4 of Title
			 41, and only in the amounts provided by the Legislature in the general
			 appropriations act or other appropriations act. Funds shall be disbursed only
			 upon a written warrant of the State Comptroller upon itemized vouchers approved
			 by the Executive Director.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-4 - LICENSURE › Section 741-X-4-.01 - Qualifications Of Applicants For Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each individual
			 applicant shall meet the following criteria:
(a) Be at least 21 years of age.
(b) Has not been declared by any court of
			 competent jurisdiction incompetent by reason of mental defect or disease
			 (unless a court of competent jurisdiction has subsequently declared the
			 applicant competent).
(c) Has not
			 been convicted of a crime of moral turpitude (with the Board having final
			 determination on the interpretation of moral turpitude).
(d) Has not been convicted of a felony
			 crime.
(e) Has passed an
			 examination by the Board designed to measure knowledge and competence in the
			 investigation field;
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-4 - LICENSURE › Section 741-X-4-.02 - Licensure By Examination

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The applicant for
			 licensure by Examination shall pass an Examination approved by the Board designed
			 to measure knowledge and competence in the investigation field and shall submit:
(a) A completed application
(b) Required fees
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-4 - LICENSURE › Section 741-X-4-.03 - Renewal Of License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Licensure periods: The private investigator
			 license shall be valid for two years. The continuing education earning period is
			 a two-year period of time in which at least sixteen (16) contact hours shall be
			 accrued (eight (8) hours in each calendar year). This is the time period of the
			 current license.
(2) The renewal of
			 license shall be accomplished prior to expiration of the current
			 license.
(3) Failure to renew prior
			 to the expiration date of the current license will result in an additional late
			 fee. Licenses may be renewed up to thirty (30) days after expiration date.
			 Private investigators will not be permitted to work as a private investigator if
			 their license has expired.
(4)
			 Renewal notices may be mailed or transmitted electronically. Notice shall be sent
			 to the applicant's address of record sixty (60) days prior to the renewal
			 date.
(5) To be eligible for renewal,
			 the applicant shall:
(a) Hold a valid, active
			 Alabama license;
(b) Submit a
			 completed and signed renewal application and required fee(s);
(c) Meet continuing education
			 requirements;
(d) Pass a review of
			 criminal history for criminal convictions and civil fraud findings.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-4 - LICENSURE › Section 741-X-4-.04 - Change Of Name Or Address

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The applicant or
			 licensee shall notify the Board of any requested name change. Appropriate legal
			 documents and fees shall be submitted prior to changing the name of the licensee
			 on the license card.
(2) The
			 applicant or licensee shall notify the Board in writing within thirty (30) days
			 of any change in his or her address. The address of record is the address
			 provided by the applicant or licensee.
Previous rule .06 was renumbered .04 per certification filed
				  May 11, 2018; effective June 25, 2018. Rule
741-X-4-.05
Reinstatement Of A Lapsed License
was
Repealed:
Filed May 11, 2018; effective June 25,
				  2018.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through 34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-4 - LICENSURE › Section 741-X-4-.05 - Lost License

Current through Register Vol. 42, No. 9, June 28, 2024
The licensee shall promptly report, in writing, the loss of a
				license card to the Board.
Previous rule .07 was renumbered .05 per certification filed
				  May 11, 2018; effective June 25, 2018.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through 34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-4 - LICENSURE › Section 741-X-4-.06 - Verification Of Alabama License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Verification of
			 licensure will be available by telephone and on a Board maintained web
			 site.
(2) Upon receipt of a written
			 request, the Board's designee shall provide written verification of Alabama
			 license.
Previous rule .08 was renumbered .06 per certification filed
				  May 11, 2018; effective June 25, 2018.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through 34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-4 - LICENSURE › Section 741-X-4-.07 - Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Fees and fines are not
			 refundable.
(2) Fees are payable by
			 certified check, cashier's check, corporate or business check, money order, or
			 personal check.
(a) Counter checks are not an
			 acceptable method of payment. Personal checks shall be imprinted with the name,
			 address, and account number of the applicant or licensee.
(b) Personal checks by third parties are not
			 acceptable.
(c) Applicants or
			 licensees who submit personal checks returned due to insufficient funds may be
			 prohibited from paying any future fees or fines by personal check.
(d) Statutory charges for returned checks shall
			 be paid by the applicant or licensees within ten business days from receipt of
			 notice to remit full payment pursuant to
Code of Ala.
			 1975
, Section 13A-9-13.01(b)(2) and pay the maximum fee allowed by
Code of Ala. 1975
, Section 8-8-15.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-4 - LICENSURE › Section 741-X-4-.08 - Fingerprinting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An applicant shall furnish the Board with
			 three (3) sets of classifiable fingerprints with his or her application for the
			 purpose of allowing the Board to forward the fingerprints to the Alabama Law
			 Enforcement Agency (ALEA) and Federal Bureau of Investigation (FBI) as required
			 by the Alabama Private Investigation Regulatory Act. An applicant shall be deemed
			 to have furnished the Board with three (3) sets of classifiable fingerprints if
			 he or she causes a private company or agency contracted by the State to
			 electronically transmit the applicant's classifiable prints directly to the ALEA
			 and FBI and to forward a classifiable hard copy of the applicant's fingerprints
			 to the Board on standard ALEA/FBI applicant cards. The Board shall notify every
			 applicant in writing of the name, address and telephone number of any company or
			 agency contracted by the State to provide such a service. All private
			 investigator applicants shall comply with the following requirements regarding
			 the payment for the fingerprinting service:
(a)
			 All sets of classifiable fingerprints required by this rule shall be furnished at
			 the expense of the applicant;
(b) If
			 the applicant chooses to request that the Board process the fingerprint cards,
			 then the applicant shall submit with his or her application three (3) sets of
			 classifiable fingerprints on cards provided by the Board for processing through
			 the ALEA and FBI. The applicant shall pay to the Board all processing fees
			 established by the ALEA and FBI.
(c)
			 If the applicant chooses to use the services of a company or agency that has
			 contracted with the state to provide electronic fingerprinting service, then the
			 applicant shall make the arrangements for the processing of his or her
			 fingerprints with the company or agency directly and shall be responsible for
			 payment of any fees associated with processing of fingerprints to the respective
			 agency.
(d) In the event the State no
			 longer contracts with any company or agency to provide an electronic
			 fingerprinting service, then the applicant shall submit three (3) classifiable
			 ALEA and FBI fingerprint cards with his or her application and shall pay the
			 Board all processing fees established by the ALEA and FBI.
(e) Applicants shall in all cases be
			 responsible for paying application fees as established by the Board regardless of
			 the manner of fingerprinting the applicant chooses.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-4 - LICENSURE › Section 741-X-4-.09 - Exemptions From Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
Nothing in these rules shall be construed as preventing or
				restricting the practice, services, or activities of the following:
(1) An employee of any business or entity that
			 is not primarily engaged in the business of private investigation when that
			 employee is performing duties related to his or her employment.
(2) An investigation of the internal affairs of
			 a private business entity investigating a current or prospective
			 employee.
(3) An employee of any
			 business or entity that is not primarily engaged in the business of private
			 investigation when that employee is working under a contract for his or her
			 services that his or her employer signed with a third party.
(4) Any person or professional, including
			 without limitation an attorney providing legal services, who is not primarily
			 engaged in the business of private investigation, but who in conjunction with his
			 or her business or profession may occasionally perform private investigation
			 services.
(5) Any business or entity
			 that is not primarily engaged in the business of private investigation.
(6) A consumer-reporting agency as defined by
			 the Federal Fair Credit Reporting Act.
(7) Any certified public accountant authorized
			 to engage in the practice of public accountancy in this state or any entity
			 licensed or otherwise permitted to engage in the practice of public accountancy
			 in this state or the affiliated entities thereof.
(8)
(a) An
			 attorney-at-law in good standing and licensed to practice law;
(b) An employee (meeting the definition of
			 employee by the IRS) of a single attorney or single law firm who is acting within
			 the employee's scope of employment of the attorney or law firm; or
(c) A consultant, accident reconstructionist,
			 or forensic scientist when the person is retained by an attorney, insurance
			 company representative, or appointed by a court to serve as an expert witness or
			 to investigate, or to make tests, conduct experiments, draw conclusions, render
			 opinions or make diagnoses, where those services require the use of training or
			 experience in a technical, scientific, or social science field.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-4 - LICENSURE › Section 741-X-4-.10 - Fingerprinting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An applicant shall furnish the Board with
			 three (3) sets of classifiable fingerprints with his or her application for the
			 purpose of allowing the Board to forward the fingerprints to the Alabama Law
			 Enforcement Agency (ALEA) and Federal Bureau of Investigation (FBI) as required
			 by the Alabama Private Investigation Regulatory Act. An applicant shall be
			 deemed to have furnished the Board with three (3) sets of classifiable
			 fingerprints if he or she causes a private company or agency contracted by the
			 State to electronically transmit the applicant's classifiable prints directly
			 to the ALEA and FBI and to forward a classifiable hard copy of the applicant's
			 fingerprints to the Board on standard ALEA/FBI applicant cards. The Board shall
			 notify every applicant in writing of the name, address and telephone number of
			 any company or agency contracted by the State to provide such a service. All
			 private investigator applicants shall comply with the following requirements
			 regarding the payment for the fingerprinting service:
(a) All sets of classifiable fingerprints
			 required by this rule shall be furnished at the expense of the
			 applicant;
(b) If the applicant
			 chooses to request that the Board process the fingerprint cards, then the
			 applicant shall submit with his or her application three (3) sets of
			 classifiable fingerprints on cards provided by the Board for processing through
			 the ALEA and FBI. The applicant shall pay to the Board all processing fees
			 established by the ALEA and FBI.
(c) If the applicant chooses to use the
			 services of a company or agency that has contracted with the state to provide
			 electronic fingerprinting service, then the applicant shall make the
			 arrangements for the processing of his or her fingerprints with the company or
			 agency directly and shall be responsible for payment of any fees associated
			 with processing of fingerprints to the respective agency.
(d) In the event the State no longer
			 contracts with any company or agency to provide an electronic fingerprinting
			 service, then the applicant shall submit three (3) classifiable ALEA and FBI
			 fingerprint cards with his or her application and shall pay the Board all
			 processing fees established by the ALEA and FBI.
(e) Applicants shall in all cases be
			 responsible for paying application fees as established by the Board regardless
			 of the manner of fingerprinting the applicant chooses.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-4 - LICENSURE › Section 741-X-4-.11 - Exemptions From Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
Nothing in these rules shall be construed as preventing or
				restricting the practice, services, or activities of the following:
(1) An employee of any business or entity
				that is not primarily engaged in the business of private investigation when
				that employee is performing duties related to his or her employment.
(2) An investigation of the internal affairs
				of a private business entity investigating a current or prospective
				employee.
(3) An employee of any
				business or entity that is not primarily engaged in the business of private
				investigation when that employee is working under a contract for his or her
				services that his or her employer signed with a third party.
(4) Any person or professional, including
				without limitation an attorney providing legal services, who is not primarily
				engaged in the business of private investigation, but who in conjunction with
				his or her business or profession may occasionally perform private
				investigation services.
(5) Any
				business or entity that is not primarily engaged in the business of private
				investigation.
(6) A
				consumer-reporting agency as defined by the Federal Fair Credit Reporting
				Act.
(7) Any certified public
				accountant authorized to engage in the practice of public accountancy in this
				state or any entity licensed or otherwise permitted to engage in the practice
				of public accountancy in this state or the affiliated entities
				thereof.
(8)
(a) An attorney-at-law in good standing and
				licensed to practice law;
(b) An
				employee of a single attorney or single law firm who is acting within the
				employee's scope of employment of the attorney or law firm; or
(c) A consultant, accident reconstructionist,
				or forensic scientist when the person is retained by an attorney, insurance
				company representative, or appointed by a court to serve as an expert witness
				or to investigate, or to make tests, conduct experiments, draw conclusions,
				render opinions or make diagnoses, where those services require the use of
				training or experience in a technical, scientific, or social science
				field.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-5 - PROFESSIONAL STANDARDS OF PRACTICE › Section 741-X-5-.01 - Professional Standards Of Practice

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The licensee shall at all times recognize
			 the primary obligation to protect the health, safety and welfare of the public
			 in the performance of the licensee's professional duties.
(2) The licensee shall perform services only
			 in areas of his/her competence. The following acts or commissions, among
			 others, may be deemed to be incompetence and be cause for denial, suspension or
			 revocation of a private investigator's license:
(a) Malpractice - includes but is not limited
			 to recklessness, or excessive errors or omissions in the licensee's
			 professional practice.
(b)
			 Disability - includes but is not limited to mental or physical disability or
			 addiction to alcohol or drugs as to endanger health, safety and interest of the
			 public by impairing skill and care in providing professional
			 services.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-6 - DISCIPLINARY ACTION › Section 741-X-6-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Reprimand: A
			 formal censure by the Board.
(2)
			 Fine: A monetary penalty imposed by the Board.
(3) Probation: The monitored service of
			 private investigation, which permits the private investigator to continue to
			 provide inspection services pursuant to specified conditions as set forth by
			 the Board.
(4) Suspension: The
			 temporary withdrawal of the license by Board action.
(5) Revocation: The withdrawal of the license
			 by Board action.
(6) Voluntary
			 Surrender: The voluntary relinquishment of a license that has the force and
			 effect of revocation.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-6 - DISCIPLINARY ACTION › Section 741-X-6-.02 - Grounds For Denial Of A License

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may suspend, revoke, or refuse to issue or renew any
				license issued by it upon finding that the holder or applicant has committed
				any of the following acts:
(1) A violation of
				the Alabama Private Investigation Regulatory Act or any rule promulgated by the
				Board.
(2) Fraud, deceit, or
				misrepresentation regarding an application or license.
(3) Knowingly and willfully making a material
				misstatement in connection with an application for a license or
				renewal.
(4) A conviction by a
				court of competent jurisdiction of a felony.
(5) A conviction by a court of competent
				jurisdiction of a Class A misdemeanor, if the Board finds that the conviction
				reflects unfavorably on the fitness of the person for the license.
(6) The commission of any act which would
				have been cause for refusal to issue the license or registration card had it
				existed and been known to the Board at the time of issuance.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-6 - DISCIPLINARY ACTION › Section 741-X-6-.03 - Grounds For Discipline Of A License Or Denial Of Renewal Or Reinstatement

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may reprimand, fine, probate, suspend, revoke or
				otherwise discipline a private investigator upon proof that the person:
(1) Is guilty of fraud or deceit in procuring
				or attempting to procure a license by:
(a)
				Filing false, forged or altered documents or credentials, including required
				continuing education documentation.
(b) Misrepresenting or falsifying facts in
				applying for original licensure, renewal, reactivation, or reinstatement of
				license.
(c) Having another person
				appear for a licensing or certification examination.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-6 - DISCIPLINARY ACTION › Section 741-X-6-.04 - Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon
			 self-disclosure or receipt of a written complaint alleging that a private
			 investigator has violated a statute or rule by committing one or more of the
			 actions specified as grounds for disciplinary action, an investigative
			 committee shall be formed consisting of one Board Member, one Board Counsel,
			 one Board Investigator, and the Executive Director.
(2) The committee shall review the complaint
			 and other information submitted to determine if further investigation is
			 warranted.
(a) If an investigation is
			 warranted, the investigator shall work under the direction of the Executive
			 Director to conduct further investigation.
(b) At the conclusion of the investigation,
			 the investigator shall submit an investigation report to be reviewed by the
			 investigative committee who has the authority to act on the report as described
			 in Chapter
			 741-X-6-.05.
(c) The investigative committee shall send
			 written notification to the complainant and the private investigator, against
			 whom the complaint was made, of any action it decides to take in response to
			 the investigation report.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-6 - DISCIPLINARY ACTION › Section 741-X-6-.05 - Board Action Following An Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
The Board or its authorized designee shall have the power to
				act on the report of the investigation as follows:
(1) Dismiss complaint.
(2) Commence disciplinary
				proceedings.
(3) Accept voluntary
				surrender of a license.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-6 - DISCIPLINARY ACTION › Section 741-X-6-.06 - Administrative Procedure Act

Current through Register Vol. 42, No. 9, June 28, 2024
The Board hereby adopts by reference as its rules Sections
				41-22-1 et seq., Alabama
				Administrative Procedures Act,
Code of Ala. 1975
, as
				amended, governing contested cases, appeals, and related
				proceedings.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-6 - DISCIPLINARY ACTION › Section 741-X-6-.07 - Final Disposition Of Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At least thirty days prior to the
			 administrative hearing, a notice of hearing and a copy of the charges shall be
			 served on the applicant or private investigator personally or by registered or
			 certified mail to the last known address shown on records of the Board.
(2) The Board's complaint may be
			 amended prior to the hearing but no amendment shall be permitted which is not
			 germane to the charge or charges or which materially alters the sufficiency of
			 the complaint.
(3) A motion for
			 withdrawal of the complaint may be filed with the Board's designee. The
			 circumstances surrounding the attempt to withdraw the complaint may be
			 explained by the person who is attempting to withdraw the complaint and the
			 explanation shall be considered. No complaint that is well founded will be
			 dismissed solely upon the motion of the original complainant.
(4) Pleadings relating to disciplinary
			 proceedings pending before the Board shall be filed with the Board's designee.
			 Pleadings shall be deemed filed upon actual receipt.
(5) Requests for subpoenas shall be filed
			 with the Board at least ten days prior to the hearing along with the
			 appropriate subpoena-processing fee. Any expense for service by a sheriff,
			 process server or other entity shall be the responsibility of the party
			 requesting the subpoena. Any expenses incurred relative to subpoenas requested
			 by a respondent, either for witnesses or related to production of documents are
			 the responsibility of the party who requested the issuance of said
			 subpoena.
(6) The hearing shall be
			 conducted by the Board or by a hearing officer appointed by the Board. All
			 testimony shall be under oath and shall be transcribed by a court reporter
			 scheduled by the Board. Telephonic or other real-time electronic testimony is
			 admissible at the discretion of the hearing officer.
(7) A continuance may be granted by the Board
			 or its designee upon the filing of a written motion and affidavit detailing the
			 reasons for the continuance. No motion for continuance shall be granted unless
			 filed at least five days prior to the hearing. This provision may be waived
			 upon showing of an emergency.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-6 - DISCIPLINARY ACTION › Section 741-X-6-.08 - Informal Disposition Of Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Complaints or controversies may be
			 considered and resolved by the Board or Board designee through alternative
			 dispute resolution, informal conferences, meetings, or other informal means.
			 Such informal measures shall be held without prejudice to the right of the
			 Board thereafter to institute formal proceedings based upon the same or related
			 material if circumstances so warrant.
(2) Informal dispositions may be made of any
			 contested case by stipulation, agreed settlement, consent order or default or
			 by another method agreed upon by the parties in writing and as approved by the
			 Board.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-6 - DISCIPLINARY ACTION › Section 741-X-6-.09 - Decisions Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Based
			 upon the evidence presented at the administrative hearing or pursuant to
			 informal disposition the Board action may be one or more of the following:
(a) Dismiss the complaint.
(b) Reprimand the respondent.
(c) Probate the respondent's
			 license.
(d) Suspend the
			 respondent's license. A suspended license is subject to expiration during the
			 suspension period.
(e) Revoke the
			 respondent's license.
(f) Deny
			 approval of the application.
(g)
			 Deny renewal or reinstatement of a license.
(h) Impose other sanctions or
			 restrictions.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-6 - DISCIPLINARY ACTION › Section 741-X-6-.10 - Application Following Denial Of Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Application for a license following
			 denial of licensure shall:
(a) Include
			 evidence of rehabilitation, or elimination or resolution of the conditions for
			 denial.
(b) Be made according to
			 Chapter 741-X-6.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-6 - DISCIPLINARY ACTION › Section 741-X-6-.11 - Reinstatement Of A Revoked License

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Application for reinstatement:
(a) May be
			 made twelve months after the effective date of revocation unless otherwise
			 specified in Order or Agreement.
(b) Shall be made according to forms and
			 guidelines provided by the Board.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-7 - EDUCATION › Section 741-X-7-.01 - Education

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each licensee shall complete eight (8)
			 hours of continuing professional education acceptable to the Board in each
			 calendar year. A private investigator shall be individually accountable for
			 continued competence to provide private investigation services and shall
			 maintain documentation to support all continuing education necessary for
			 renewal.
(2) The Board may
			 prescribe a continuing education program for reentry into practice.
(3) Units of measure for continuing education
			 shall be:
(a) 1 contact hour = 50
			 minutes
(b) 0.5 contact hour = 25
			 minutes
(c) 15 contact hours = 1
			 academic semester credit hour
(d)
			 10 contact hours = 1 academic quarter credit hour
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-7 - EDUCATION › Section 741-X-7-.02 - Continuing Education

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board or
			 another organization recognized by the Board may approve providers of
			 continuing education.
(2) The
			 Alabama Private Investigators Association continuing education activities,
			 which pertain to private investigation, shall be considered prior approved,
			 providing they meet all other requirements for contact hours.
(3) The continuing education program must be
			 a formal program of learning which contributes directly to the professional
			 competence of the licensee.
(4) The
			 following additional methods may be utilized for obtaining continuing education
			 hours:
(a) By taking and passing (with a grade
			 of C or better) a college or university course which comprises part of the
			 professional requirements for a formal education in a criminal justice
			 education program, or any course that shall enhance a private investigator's
			 professional growth and development.
(b) Membership in professional organizations,
			 holding office in, or participating on Boards or committees pertaining to
			 Private Investigation may be counted up to two (2) hours for each renewal
			 period.
By completing a self-study course, such as a course offered on
				the internet, which has been approved by the Alabama Private Investigators
				Association or the Board for a specific number of continuing education
				hours.
(c) Preparation and
			 presentation of a lecture approved for continuing education hours under these
			 rules shall be eligible for two (2) contact hours for each contact hour of
			 presentation for the first presentation. Subsequent presentations of the same
			 lecture will not be awarded additional contact hours.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-7 - EDUCATION › Section 741-X-7-.03 - Standards For Continuing Education

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Qualifications of Certified Trainers -
			 Any person offering private investigation training must first be certified by
			 the Board. In order to qualify as a Certified Trainer or instructor, or both,
			 the trainer shall meet the following criteria:
(a) Is at least 21years of age.
(b) Has had at least three years' experience
			 satisfactory to the Board with an investigative company or proprietary entity
			 or with any federal, United States Military, state, county, or municipal law
			 enforcement agency and relating to the block of instruction.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-7 - EDUCATION › Section 741-X-7-.04 - Certified Training Program

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each
			 certified trainer shall provide each student a syllabus/outline prior to their
			 enrollment in a training program. This syllabus/outline shall include:
(a) the number and type of course(s) to be
			 taught in the training program;
(b)
			 The amount of time to be devoted to each course;
(c) The title and author of each textbook to
			 be utilized by the certified or assistant trainer(s) in their instruction. If
			 students are required to purchase texts for a program or course, information as
			 to where such text(s) may be purchased and the approximate price thereof should
			 also be included;
(d) The name of
			 each Certified Trainer responsible for the administration of the training
			 program and the name of each Certified or Assistant Trainer to be utilized in
			 the implementation of the program;
(e) All fees to be charged to enroll in and
			 complete the training program;
(f)
			 The maximum number of students to be enrolled in the program at any one
			 time.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-7 - EDUCATION › Section 741-X-7-.05 - Reporting Requirements And Audit

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A private investigator shall:
(a) Provide a signed statement of
			 affirmation, under penalty, of the degree of compliance with continuing
			 education requirements for license renewal including but not limited to
			 compliance with:
1. Earning the required
			 number of contact hours of Board-approved or Board-recognized continuing
			 education activities;
2. The
			 designated earning period;
3.
			 Content and acceptable activities, and
4. Any other requirements in these
			 rules.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Appendix I - FEE SCHEDULE

Current through Register Vol. 42, No. 9, June 28, 2024
Application Fee
$100
License Fee
$300
Renewal Fee
$300
Late Renewal Fee (Penalty)
$200
Certified Trainer Fee
$500
Assistant Trainer Fee
$250
Mailing Label Fee
$100
Law/Rule & Regulation Book (for
						  non-licensees)
$ 50
Authors:
The Alabama Private Investigation
				Board
Statutory Authority:
Code of Ala.
				1975
, §§
									34-25B-1 through
				34-25B-29.