Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 121 - Bail Enforcement, Private Investigation, and Private Security Businesses › Rule 661-121.3 - Persons Exempt

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not apply to the following:
(1) An officer or employee of the United
			 States, or a state, or a political subdivision of the United States or of a
			 state while the officer or employee is engaged in the performance of official
			 duties or an employee of a contractor or subcontractor with a federal agency
			 while performing duties pursuant to a contract with the federal
			 agency.
(2) A peace officer engaged
			 in the private security business or the private investigation business with the
			 knowledge and consent of the chief executive officer of the peace officer's law
			 enforcement agency.
(3) A person
			 employed full- or part-time exclusively by one employer in connection with the
			 affairs of the employer.
(4) An
			 attorney licensed to practice in Iowa, while performing duties as an
			 attorney.
(5) A person engaged
			 exclusively in the business of obtaining and furnishing information regarding
			 the financial rating or standing and credit of persons.
(6) A person exclusively employed in making
			 investigations and adjustments for insurance companies. This exemption does not
			 apply to persons who contract with a third party, such as an attorney or a
			 broker, to conduct investigations on behalf of insurance companies. However,
			 this exemption does apply to independent contractors who contract directly with
			 insurance companies and exclusively conduct insurance investigative
			 work.
(7) A person who is the legal
			 owner of personal property which has been sold under a security agreement, or a
			 conditional sales agreement, or a secured party under the terms of a security
			 interest while the person is performing acts relating to the repossession of
			 the property.
(8) A person engaged
			 in the process of verifying the credentials of physicians and allied health
			 professionals applying for hospital staff privileges.
(9) A person engaged in the business of
			 retrieval and dissemination of public record information.
(10) A person engaged in the business of
			 process service in either a criminal or civil action, where the determination
			 of the whereabouts of the person is only incidental to the service of
			 process.
(11) The business of
			 repossession or recovery of property, including debt collection, where the
			 determination of the whereabouts of the person is only incidental to the
			 repossession or collection.
(12) A
			 person engaged in the business of genealogical research.
(13) A person who sells, installs, maintains,
			 repairs or monitors burglar alarm systems at protected premises or premises to
			 be protected.
(14) Iowa Code
			 sections
			 80A.2,
			 80A.4(1)
"b,
" and 80A.4(3) address
			 the ability of peace officers to operate as private investigators and private
			 security guards. The department interprets these three references, when read in
			 concert, to mean the following:
a. An
			 individual peace officer may conduct private investigation business or private
			 security business with permission of the officer's chief executive, without
			 securing either a state license or identification card.
b. Two or more peace officers may form a
			 partnership to conduct private investigation business or private security
			 business without securing either a state license or identification card. The
			 partnership, association, or business may employ other peace officers to
			 conduct investigation or security functions; however, the chief executive of
			 each partner, association member, owner, or employee must give permission to
			 engage in the business.
c. A
			 partnership owned and operated by peace officers may not employ nonpeace
			 officers to perform investigation or security functions.
d. An agency licensed by the department may
			 not have any peace officers involved in the ownership or management of the
			 agency.
e. An agency licensed by
			 the department may not employ a peace officer to do investigative or security
			 functions.
f. No corporation in the
			 private security or private investigation business is exempt from the license
			 or identification card requirement or limitations on the employment of peace
			 officers.