Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-2 - Definitions

Current through June, 2024
As used in this chapter:
"Board" means the board of private detectives and
				  guards.
"Detective" means a person licensed under chapter
				  463, HRS, and this chapter and who
				  for any compensation or consideration obtains information and evidence not
				  readily or publicly accessible with reference to any of the following matters,
				  notwithstanding the fact that other functions and services may also be
				  performed by the same person for fee, hire, or reward:
(1) Crime or wrong done or threatened or assumed to have been
				  done or threatened against the government of the United States of America, or
				  any of its states, territories, or possessions;
(2) The identity, habits, conduct, movements, whereabouts,
				  affiliations, associations, transactions, reputation, or character of any
				  person, association, organization, society, or groups of persons, firms, or
				  corporations;
(3) The credibility of witnesses or other persons;
(4) The whereabouts of missing persons;
(5) The location, disposition, or recovery of lost or stolen
				  property;
(6) The causes and origin of, or responsibility for, fires,
				  accidents, damage, injuries, or losses to persons, firms, associations, or
				  corporations, or to real or personal property;
(7) The affiliation, connection, or relation of any person,
				  firm, or corporation with any organization, society, association, or with any
				  official member or representative thereof;
(8) The conduct, honesty, efficiency, loyalty, or activities
				  of employees, agents, contractors, and subcontractors; or
(9) The securing of evidence to be used before any
				  investigating committee, board of award, board of arbitration, or in any civil
				  or criminal trial.
The terms do not include any lawful activity of any board,
				  body, commission, agency, state, territory, or possession of the United States,
				  or any political subdivision thereof, or any officer or employee employed
				  solely, exclusively, and singlely by an attorney or law firm when engaged in
				  the employer's business; or any person, firm, association, or corporation
				  conducting any investigation solely for its own account.
"Firm" means a sole proprietor, corporation, joint venture,
				  limited liability partnership, limited liability corporation, partnership,
				  association, or any other legal business entity.
"Guard" means a uniformed or nonuniformed person who for
				  compensation, reward, or by employment, is responsible for the safekeeping of a
				  client's person and property within contractually prescribed boundaries, and
				  for observation and reporting relative to the safekeeping of that person or
				  property. This includes companies that respond to alarms by sending out
				  employees or assistants to physically safeguard and secure the premise or
				  property. "Guard" includes individuals, persons, corporations, partnerships, or
				  agencies who provide guard services to associations of apartment owners,
				  provided an employer-employee relationship does not exist between the
				  association of apartment owners and the individual guarding the property.
				  Association of apartment owners means all of the apartment owners acting in
				  accordance with the association's bylaws and declaration.
The term does not include a person employed solely by an
				  employer in connection with the affairs of the employer; nor does it include
				  any lawful activity of any board, body, commission, agency, state, territory or
				  possession of the United States, or any political subdivision thereof
"Principal detective" means the licensed private detective
				  designated as the detective agency's primary licensee who is fully responsible
				  for the direct management and control of the agency and the agency's employees,
				  and for insuring compliance with chapter
				  463, HRS, and this chapter.
"Principal guard" means the licensed guard designated as the
				  guard agency's primary licensee who is fully responsible for the direct
				  management and control of the agency and the agency's employees, and for
				  insuring compliance with chapter
				  463, HRS, and this chapter.
"Private detective or guard agency" or "agency" means a
				  licensed firm engaged in the private detective, investigation, or guard
				  business.