Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 121 - Bail Enforcement, Private Investigation, and Private Security Businesses › Rule 661-121.4 - Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
Each person who engages in the operation of a bail enforcement,
				private investigation, or private security business in this state shall be
				licensed prior to such activity. Each business requires a separate license. For
				a license to be valid, the business shall have at least one current valid
				licensee who is a director, officer, partner or person who is involved in the
				business in Iowa.
(1)
Application for licenses-generally.
Anyone who wishes to be
			 considered for a bail enforcement, private investigative or private security
			 license should contact the program services bureau as indicated in rule
			 661-121.1 (80A) and
			 request application information.
(2)
Jurisdiction.
Any
			 private investigative, private security, or bail enforcement business shall be
			 licensed in Iowa if it is conducting business in Iowa. The department will
			 consider the following factors when determining jurisdiction:
a. Whether the private investigative, private
			 security, or bail enforcement business has an office or place of business in
			 Iowa, is organized in Iowa, or conducts business in Iowa.
b. Whether services are provided to a client
			 who resides in Iowa, is organized in Iowa, has an office or place of business
			 in Iowa, provided that some of the services are conducted in Iowa.
c. Types of activities that are viewed as
			 demonstrating jurisdiction in Iowa include, but are not limited to, the
			 following:
(1) A private investigation
			 business conducts an investigation that occurs entirely or partially in
			 Iowa.
(2) A private investigation
			 business investigates a criminal, civil, or administrative case that originates
			 or is filed in Iowa.
(3) A private
			 security business conducts security at any location in Iowa.
(4) A bail enforcement business takes into
			 custody, or attempts to take into custody, a defendant in an Iowa criminal
			 case.
(5) A business provides
			 bodyguard service to a person who resides in or regularly does business in
			 Iowa.
(6) A business provides
			 armored car service to a client who resides in or does business in Iowa, if
			 part of the services are conducted in Iowa.
d. Types of activities that are not, by
			 themselves, viewed as demonstrating jurisdiction in Iowa include, but are not
			 limited to, the following:
(1) A
			 non-Iowa-based private investigation business works on a criminal, civil, or
			 administrative case that originates and is filed in another state, but that
			 contains some investigative elements in Iowa.
(2) A non-Iowa-based business provides
			 bodyguard service to a client who does not reside in Iowa and only occasionally
			 does business in Iowa.
(3) A bail
			 enforcement business takes into custody, or attempts to take into custody, a
			 defendant in a criminal case filed in another state.
e. The fact that a business uses the Internet
			 to retrieve public record information from Iowa databases does not, absent
			 other factors, establish jurisdiction in Iowa.