Legal Affairs
10-29-2001, 10:50 AM
NO LICENSE IS REQUIRED IF you fall into the following:
§463-13 Exemptions.
This chapter does not apply to any person, firm, company, partnership, or corporation or any bureau or agency whose business is exclusively the furnishing of information as to the business and financial standing and credit responsibility of persons, firms, or corporations;
This chapter does not apply to any person, firm, company, partnership, or corporation or any bureau or agency whose business is exclusively the furnishing of information as to personal habits and financial responsibility, of applicants for insurance;
This chapter does not apply to any person, firm, company, partnership, or corporation or any bureau or agency whose business is exclusively the furnishing of information indemnity bonds;
This chapter does not apply to any person, firm, company, partnership, or corporation or any bureau or agency whose business is exclusively the furnishing of information commercial credit;
This chapter does not apply to any person employed exclusively and regularly by one employer in connection with the affairs of such employer only and where there exists an employer-employee relationship;
This chapter does not appy to an attorney at law in performing the attorney's duties as such attorney at law.
[L 1961, c 77, pt of §1; Supp, §165A-13; HRS §463-13; gen ch 1985]
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OTHERWISE:
§463-6 Private detectives and detective agencies; qualifications for license. (a) The board may grant a private detective license to any suitable individual, or a detective agency license to any suitable firm, joint venture, sole proprietorship that hires resident employees, corporation, partnership, or association making written application therefor. The applicant, if an individual, or the principal detective of a firm, joint venture, sole proprietorship that hires resident employees, corporation, partnership, or association, shall:
(1) Be not less than eighteen years of age;
(2) Have had a high school education or its equivalent;
(3) Have had experience reasonably equivalent to at least four years of full-time investigational work;
(4) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession; and
(5) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the applicant to engage in the profession, unless the conviction has been annulled or expunged by court order.
(b) A detective agency may employ as many agents, operatives, and assistants in an investigative capacity and as necessary for the conduct of business; provided that the principal detective shall be held responsible for the acts of those employees while they are acting within the scope and purpose of the detective agency's business. The principal detective shall be responsible for the direct management and control of those employees. These employees shall not be required to have private detective licenses, and shall:
(1) Have had an eighth grade education or its equivalent;
(2) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;
(3) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the employee to engage in the profession, unless the conviction has been annulled or expunged by court order; and
(4) Be registered with the board upon employment with the agency.
The employer, with the written authorization of the employee, may conduct a criminal history records check of all new employees directly through the Hawaii criminal justice data center upon certification to the board that the signature on the authorization is authentic and that the employee is employed in an investigative capacity.
§463-13 Exemptions.
This chapter does not apply to any person, firm, company, partnership, or corporation or any bureau or agency whose business is exclusively the furnishing of information as to the business and financial standing and credit responsibility of persons, firms, or corporations;
This chapter does not apply to any person, firm, company, partnership, or corporation or any bureau or agency whose business is exclusively the furnishing of information as to personal habits and financial responsibility, of applicants for insurance;
This chapter does not apply to any person, firm, company, partnership, or corporation or any bureau or agency whose business is exclusively the furnishing of information indemnity bonds;
This chapter does not apply to any person, firm, company, partnership, or corporation or any bureau or agency whose business is exclusively the furnishing of information commercial credit;
This chapter does not apply to any person employed exclusively and regularly by one employer in connection with the affairs of such employer only and where there exists an employer-employee relationship;
This chapter does not appy to an attorney at law in performing the attorney's duties as such attorney at law.
[L 1961, c 77, pt of §1; Supp, §165A-13; HRS §463-13; gen ch 1985]
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OTHERWISE:
§463-6 Private detectives and detective agencies; qualifications for license. (a) The board may grant a private detective license to any suitable individual, or a detective agency license to any suitable firm, joint venture, sole proprietorship that hires resident employees, corporation, partnership, or association making written application therefor. The applicant, if an individual, or the principal detective of a firm, joint venture, sole proprietorship that hires resident employees, corporation, partnership, or association, shall:
(1) Be not less than eighteen years of age;
(2) Have had a high school education or its equivalent;
(3) Have had experience reasonably equivalent to at least four years of full-time investigational work;
(4) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession; and
(5) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the applicant to engage in the profession, unless the conviction has been annulled or expunged by court order.
(b) A detective agency may employ as many agents, operatives, and assistants in an investigative capacity and as necessary for the conduct of business; provided that the principal detective shall be held responsible for the acts of those employees while they are acting within the scope and purpose of the detective agency's business. The principal detective shall be responsible for the direct management and control of those employees. These employees shall not be required to have private detective licenses, and shall:
(1) Have had an eighth grade education or its equivalent;
(2) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;
(3) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the employee to engage in the profession, unless the conviction has been annulled or expunged by court order; and
(4) Be registered with the board upon employment with the agency.
The employer, with the written authorization of the employee, may conduct a criminal history records check of all new employees directly through the Hawaii criminal justice data center upon certification to the board that the signature on the authorization is authentic and that the employee is employed in an investigative capacity.