PI LICENSING: California

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NO LICENSE IS REQUIRED
IF you fall into the following:

1. NO LICENSE NEEDED FOR: An unlicensed person who is already employed by a licensed private investigative agency. They may advertise and perform their employee duties as a private investigator under the authority of the agency they work for.
   
   
2. NO LICENSE NEEDED FOR: A person employed exclusively and regularly by any other company or employer, as long as they do not provide contract "security services" for other companies.
   
   
3. NO LICENSE NEEDED FOR: A person engaged solely in the business of securing information about persons or property from public records.
   
   
4. NO LICENSE NEEDED FOR: A person engaged in conducting observations in the public environments of a business establishment by the use of a preestablished questionnaire.
   
   
5. NO LICENSE NEEDED FOR: A person performing the act of serving process by an individual who is registered as a process server pursuant to Section 22350.
   
   
6. NO LICENSE NEEDED FOR: A person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
   
   
7. NO LICENSE NEEDED FOR: A person employed by a secured creditor engaged in the repossession of the creditor's collateral and any lessor engaged in the repossession of leased property in which it claims an interest.
   
   
8. NO LICENSE NEEDED FOR: An employee of any organization or association duly incorporated under the laws of this state which is organized and maintained for the public good and not for private profit.
   
   
9. NO LICENSE NEEDED FOR: An attorney at law in performing his or her duties as an attorney at law.
   
   
10. NO LICENSE NEEDED FOR: An employee of admitted insurers and brokers licensed by the state, performing duties in connection with insurance transacted by them.
    
    
11. NO LICENSE NEEDED FOR: An employee of a public utility company in the course of their duities.
    
    
12. NO LICENSE NEEDED FOR: An officer or employee of the United States of America, or of California or a political subdivision thereof, while the officer or employee is engaged in the performance of his or her official duties, including uniformed peace officers employed part time by a public agency pursuant to a written agreement between a chief of police or sheriff and the public agency, provided the part-time employment does not exceed 50 hours in any calendar month.
    
    
13. NO LICENSE NEEDED FOR: Any bank subject to the jurisdiction of the Commissioner of Financial Institutions of the State of California under Division 1 (commencing with Section 99) of the Financial Code or the Comptroller of Currency of the United States.
    
    
14. NO LICENSE NEEDED FOR: A peace officer of this state or a political subdivision thereof while the peace officer is employed by a private employer to engage in off-duty employment in accordance with Section 1126 of the Government Code. However, nothing herein shall exempt a peace officer who either contracts for his or her services or the services of others as a private investigator or contracts for his or her services as or is employed as an armed private investigator. For purposes of this subdivision, "armed private investigator" means an individual who carries or uses a firearm in the course and scope of that contract or employment.
    
    
15. NO LICENSE NEEDED FOR: A licensed insurance adjuster in performing his or her duties within the scope of his or her license as an insurance adjuster.
    
    
16. NO LICENSE NEEDED FOR: Any savings association subject to the jurisdiction of the Commissioner of Financial Institutions or the Office of Thrift Supervision.

SOURCE:

Quote:

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7522. This chapter does not apply to:
(a) A person employed exclusively and regularly by any employer
who does not provide contract security services for other entities or
persons, in connection with the affairs of such employer only and
where there exists an employer-employee relationship if that person
at no time carries or uses any deadly weapon in the performance of
his or her duties. For purposes of this subdivision, "deadly weapon"
is defined to include any instrument or weapon of the kind commonly
known as a blackjack, slungshot, billy, sandclub, sandbag, metal
knuckles, any dirk, dagger, pistol, revolver, or any other firearm,
any knife having a blade longer than five inches, any razor with an
unguarded blade and any metal pipe or bar used or intended to be used
as a club.
(b) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency, provided the part-time employment does
not exceed 50 hours in any calendar month.
(c) A person engaged exclusively in the business of obtaining and
furnishing information as to the financial rating of persons.
(d) A charitable philanthropic society or association duly
incorporated under the laws of this state which is organized and
maintained for the public good and not for private profit.
(e) An attorney at law in performing his or her duties as an
attorney at law.
(f) Admitted insurers and agents and insurance brokers licensed by
the state, performing duties in connection with insurance transacted
by them.
(g) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of Currency of the United States.
(h) A person engaged solely in the business of securing
information about persons or property from public records.
(i) A peace officer of this state or a political subdivision
thereof while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126 of the
Government Code. However, nothing herein shall exempt a peace
officer who either contracts for his or her services or the services
of others as a private investigator or contracts for his or her
services as or is employed as an armed private investigator. For
purposes of this subdivision, "armed private investigator" means an
individual who carries or uses a firearm in the course and scope of
that contract or employment.
(j) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(k) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(l) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
(m) The act of serving process by an individual who is registered
as a process server pursuant to Section 22350.
(n) (1) A person or business engaged in conducting objective
observations of consumer purchases of products or services in the
public environments of a business establishment by the use of a
preestablished questionnaire, provided that person or business entity
does not engage in any other activity that requires licensure
pursuant to this chapter. The questionnaire may include objective
comments.
(2) If a preestablished questionnaire is used as a basis, but not
the sole basis, for disciplining or discharging an employee, or for
conducting an interview with the employee that might result in the
employee being terminated, the employer shall provide the employee
with a copy of that questionnaire using the same procedures that an
employer is required to follow under Section 2930 of the Labor Code
for providing an employee with a copy of a shopping investigator's
report. This subdivision does not exempt from this chapter a person
or business described in paragraph (1) if a preestablished
questionnaire of that person or business is used as the sole basis
for evaluating an employee's work performance.

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TO APPLY FOR A LICENSE
Review the following web links:

1. CLICK HERE FOR Private Investigator Act
   
   
2. CLICK HERE FOR California Code of Regulations (CCR)
   
   
3. CLICK HERE FOR Miscellaneous Topics & Licensing Application Package
   
   
4. CLICK HERE FOR Licensing Candidate Bulletin & Instructions
   
   
5. CLICK HERE FOR Bureau's Journal & Bulletins
   
   
6. CLICK HERE FOR Applicants who have been DENIED A STATE LICENSE

Comment:

1. Unlike most states, California does not require employees of a private investigative agency to obtain an independent license of their own. As long as there is an employee-employer relationship, they may perform private investigations for the agency they are working for.
   
   
2. If an unlicensed employee of an agency advertises, they must abide by all of the statutes which includes posting the Agency License Number in all ads, including business cards.
   
   
3. Many experienced private investigators in California choose not to become independently licensed because they have enough work through the above list of sixteen (16) exemptions (also known as unregulated area of private investigations) and wish to avoid the extra cost. Otherwise, if an independent license is applied for, the previous employers can provide the verification of earned hours.
   
   
4. Please note, there are at least sixteen (16) exemptions to being regulated by the Department of Licensing. In other words, if your activity as a private investigator falls into any of the 16 exemptions, there is no requirement for you to pursue licensing, nor are your activities regulated by the Department of Licensing for private investigators.
   
   The statute reads: "No person shall engage in a business regulated by this chapter". Therefore, if your business is NOT "regulated" by the chapter, then you are free to engage in any other lawful unregulated business activity which is not governed by the California Department of Licensing.
   
   
5. If you wish to request personal one-on-one Priority Support, you may request a $99.15 phone support card at the following credit card link:
   
   http://www.privateinvestigator.cc/pr...roducts_id=989
   
   Or, you may order by calling 406-534-0251

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Note: This is not an endorsement for untrained investigators to pursue the exemptions. IPIU's Mission Statement states we encourage training first and work opportunity second.

Quote:

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Originally Posted by George Tench -

Do I assume that, based on what I'm reading in the law and your comments, any Agencies that I would get assignments from would have to hire me as an employee rather than use me as an Independent Contractor?

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Not necessarily.

One of the nation's top private investigators, who lives and works in Southern California, has always been quoted that he rarely needs his private investigator's license to perform 90% of the "work specialities" that his office gets. But to get the assignments as a "private investigator", he needs to advertise as a "licensed" private investigator. But 90% of the work his office performs does not technically (and lawfully) require the license. Therefore, he (and other agencies) can hire either employees or independent contractors for those assignments. The remaining 10% of the cases his office hires for requires the investigator to be an employee.

(The above is quoted from a Legal Affairs article)

Quote:

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Originally posted by Melissa D. Erwin
I see that it says that you don't have to have a state license, but I've spoken to a few pi's in the Ca. area and they are telling me that most places require you to be licensed. Should I look into getting licensed?
Melissa

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California law has over sixteen (16) exemptions that permit private investigations without a state PI license.

Go to Post #1 above and read the details of the law.

The California PI's you spoke too are not telling you that their own waged employees under their agency license covers them as a PI, the same as working for an attorney.

The following private email copy was sent to me to post in this topic in an effort for clarifying the California statutes and exemptions:

You Wrote:

How can I use the PI Union License when the law says "No licensee, or officer, partner, qualified manager, or employee of a licensee shall use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card."

http://www.ipiu.org/images/maleFemCred1012.jpg
Answer:

Your IPIU photo ID is not a state issued license. It is a PI Union License. Read the backside of the IPIU photo ID card. Further, in California, no trainee needs to have a separate license card issued by the state. Trainees can be hired by licensed agencies and issued the agency business cards with the agency license number on the business card.

You wrote:

This suggests to me that even in the interest of seeking employment with an already licensed firm/individual, it will be illegal for me to use my IPIU identification card in any capacity (in California that is) Am I correct?

Answer:

No.
The IPIU card is predominately a PI Union License card and you are permitted to represent your affiliation with IPIU in any lawful manner. The front side of the card says "Private Investigator Member of the International Private Investigators Union". It also says "PI Union License". Again, read the backside.

Further, licensed private investigators who are union members also carry the IPIU card, but have their license number inserted on the backside of the card, along with any concealed weapons license number.

You wrote:

But the law also says "No licensee shall permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner whatever conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.

Answer:

This only applies to a "licensee" that is regulated by the state within the state's jurisdiction of controlling advertising as a "private investigator" to the general public. It does NOT pertain to any unregulated private investigators or their activity that falls within the sixteen (16) exemptions to the state law and the licensing board.

See this licensing topic:
http://www.ipiu.org/forums/showthrea...&threadid=3679

You wrote:

"This suggests to me that even if I do gain employment with an already licensed firm/individual, I will not be able to solicit business using my own name (i.e, business cards etc...) It also suggests to me that I will be subject to disciplinary actions under this law should I conduct business under my own name. Am I correct?

Answer:

No.
If you are hired by a licensed agency, they can issue your business cards under their agency name and license number to solicit for clients.

However, if you wish to operate under your own business within the unregulated sixteen (16) exemptions of the state law, you may also use your own printed business cards to solicit as long as your business cards fall within the approved 16 exemptions stated by the statutes. If you need more clarification on your own business cards, you will need to post your questions in the Union Members Only forum titled "Obtaining Your License". There are also sample business cards too.

You wrote:

"... what real (benefits) will I obtain through my membership with IPIU that will assist in my persuasion of a firm to hire me or allow me to conduct business under my own name?

Answer:

1) IPIU grants Level 4 Access to it's members to acquire on the job paid training through a variety of local, regional, and national firms that need operatives;

2) After sufficient on the job assignments have been acquired and posted, then members may request IPIU to arrange for local and regional interviews with firms needing private investigators with experience, such as the experience gained through the Level 4 forums.

3) Union members who wish to establish their own licensed private investigative agency immediately, may do so through the member's only forum titled "Obtaining Your Private Investigator License or Agency License". Members are instructed how to obtain their agency license with no prior experience.

4) And for those who wish to become Lifetime Members of IPIU, they can obtain free help in acquiring a licensed private investigator to SPONSOR them instead of waiting the three years to gain experience. Pre-approval with your sponsor takes approximately 5 weeks.

To see one example: CLICK HERE

Quote:

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Originally posted by Thomas Fedoreshenko
After checking around with the local PI companies I found out that you can not get licensed here as a PI until you have 6000 hours of work experience.

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Most "licensed" private investigators in California do not like unregulated private investigators. See the many EXEMPTIONS that are listed in the 1st topic of this thread!

And some private investigators will cry the weaping tears when another wannabe asks them if there is any work. They may feel you are coming in on their turf as a competitor. :)

So disregard the naysayers and read the law (posted above). You do not need 3 years experience to work as a PI in California, except if you want to advertise.

Trainees can work for any licensed PI without a Trainee License.

Greetings-

With many years of PI experience in CA, combined with my having been hired by the State of CA for the re-write of the licensing test, I would be glad to assist members with licensing and/or test questions.

Also, can assist in the review of your past work (can be long ago and in other states!) to see if it qualifies you for the test & license.

John

Quote:

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Originally posted by John Grogan
Greetings-

With many years of PI experience in CA, combined with my having been hired by the State of CA for the re-write of the licensing test, I would be glad to assist members with licensing and/or test questions.

Also, can assist in the review of your past work (can be long ago and in other states!) to see if it qualifies you for the test & license.

John

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Thank you, John, for your very generous offer. And welcome to the Private Investigators Forums.

There is a New Forum in your honor, and a New Topic I'd like you to see.

Click here:
http://www.ipiu.org/forums/showthrea...&threadid=8659

And the new forum is here:
http://www.ipiu.org/forums/forumdisp...s=&forumid=215

Feel free to post any new subject in the new forum, or anywhere else where appropriate.

Sara

QUESTION:

So there is really no way that a couple of aspiring (non licensed) PIs can start their own business in California?

ANSWER:

There are many investigative businesses that can be set up in CA without needing a license! I met with the attorney for CA's PI licensing bureau, to interview him for a PI publication-- in big part about this very subject!

Paraphrasing him, he said, "In California, anyone can say they are a Private Investigator. We don't own those words or title. We can only restrict certain DUTIES to needing a license. They cannot say 'STATE-LICENSED' PI without obtaining a state license though.

"Many things are allowed to be done without a state PI license because of B&P 7522H (use of public records, which is the main part of any locate case or background check).

"Also, process serving, collections, and polygraphs all can be done without a PI license. This bothers many CA 'state licensed PIs, but it is the law".

A PI license doesn't make you a good investigator.

Many of the best PIs are NOT licensed!

A license is good if you plan to do surveillance and witness statements. You may actually qualify to take the test (of which I was hired by the State of CA for the last re-write).

Glad to assist.

Quote:

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Originally Posted by Viki Hostek

Are these schools absolutely necessary?

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Not for a state PI License.

A state PI License looks at your 3 year experience, and the exam is based on experience.

In the meantime, you do not need experience to "own a PI Agency". IPIU Members can request IPIU to help assign you a licensed PI to get your agency a license.

Quote:

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Originally Posted by Michele R. Schibi

This has all been very infomative. I haven't sent out any of my resumes yet but am a little discouraged in reading some of the emails regarding finding employment. I have a lot of confidence in my abilities to be a top notch PI but I am going to have to convince an employer of that & if previous law enforcement persons are having troubles getting hired that makes me a little nervous. Having a license isnt my priority but it is a goal of mine to someday be licensed with my own business. Thanks for all the helpful information here.

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Michelle, IPIU has it's own program to get you licensed quicker than waht is read here. Go to the following link when you are ready to get a license:

http://www.ipiu.org/forums/forumdisplay.php?f=17

Quote:

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Originally Posted by Bob Bennett

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Thanks for the note Jerome. I did indeed read ALL the posts in this section. I have already read the California Private Investigator Act and the Business & Professions Code on the state website. And I still get conflicting opinions from established PI's. The info on the first page of this thread is general in scope and not very sepcific. I have a PI with 30 years in the business yelling at me (via email...if that's possible) telling me that I cannot do ANY investigative work without a license. So I guess I am kinda thick and need specification.

Thanks!

Bob

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Don't you get it, Bob? Those other "established PI's" don't want you invading their turf. They don't want you working and taking away from potential clients. They have more time on their hands because no one hires them. They spend all of their time emailing you with their blatant anger. Would you hire someone like that?

Besides, they were probably BANNED from IPIU membership years ago because they violated their Code of Ethics (which includes never citing false laws to anyone).

Save yourself the time and don't bother emailing IPIU. The quote you read was posted by IPIU's attorney! If you want to call someone, call the licensing board and only speak to a manager (not the receptionist). Laws do change from time to time, but I doubt that this law has changed. Otherwise, California would have to start charging nearly $200 per employee of every PI Agency to get their ID. And California is already in a mess from the billions of mis-spent revenues. (California also threw out the entire licensing department for Collection Agencies a few years ago!

If you want to send IPIU anything, send them the full emails from the "established PIs" that you have. They can check their integrity out for you for free. The email address is legal.affaris@ipiu.org .

David

Mr. Copeland is this why people are giveing backlash on becomeing a PI.

Quote:

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Originally Posted by Charles Cimaglia

I would like to ask anyone that might know...
I currently live in S. California and have less than 1000 hours left before going for my license. I'm moving to Colorado in June and I would like to know if the hours I work in Colorado count towards my hours, or do I have to work for a national company that has a California license? I'm finally getting close, and I don't want all this time to go to waste. Any thoughts?
Thank you!
-Charlie-

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There is a procedure to develop and certify earned hours in Colorado that can be accepted by the California Licensing Board. But the set up and process takes approximately 6-8 weeks. To inquire, go to the Colorado PI Office Forum and review all of the topics there to get a full understanding how the foundation is set up.

Quote:

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Originally Posted by George Dakkak

the code says a private invistegator can be a corporation . If you have a corporation certificate from colorado already getting a " license " will be redundant .

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Currently George, you have a PI Agency Corporation License in Colorado, which means you can advertise anywhere nationwide. If you get a case that requires you to perform a un-regulated case in California, you can do that. If the case requires a regulated portion of the case in California to be done by a California Licensed PI, then IPIU can introduce you to licensed PI's you can lawfully sub-contract that portion at wholesale rates, while still earning the full rate from your client.

Same unregulated cases:
Background checks
Missing persons
Location services
Criminal & Civil records.

Sample of regulated cases:
Surveillance

Also, you can UPGRADE your current annual Professional Membership to a LIFETIME MEMBERSHIP, which can include IPIU's free service locate a sponsor for you to become a California Licensed PI (which takes about 4-6 weeks).

For details, go here:
http://www.privateinvestigator.cc/pr...roducts_id=998

Or, call the office at 406-534-0251 or 800-548-1526.

(Payments are also available)

Sincerely,

Patricia

Quote:

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Originally Posted by George Dakkak

there is no such thing as a regulated assignment

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Yes and no. It depends largely on whether you are advertising to the general public that you are available for hire in certain areas of services.

George, I am a licensed private investigator in California, and I can most certainly say that if you (as a special investigator, case examiner, intelligence officer, etc) are "advertising" to the public that you are available for surveillance cases (where you sit in a car outside someone's home), you best have a "professional license" to perform the ad. Otherwise, you are free to perform surveillance without a professional license as long as you fall into one of the sixteen (16) exemptions listed in Post #1 of this topic.

Patricia's reply here:
http://www.ipiu.org/forums/showthrea...516#post508516

Legal Affair's statues here:
http://www.ipiu.org/forums/showthrea...ING-California

Also see:
http://www.ipiu.org/forums/showthrea...Case-Examiners

By the way, there are some other resources available for you, but I see your membership expired last month. Let me know when you renew and I will post the confidential links.

Michael

This is the only "dead" link I found:

http://candidate.psiexams.com/common...lletinurl=.pdf

Quote:

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Originally Posted by Allixander Majerus

Well appearently they had made it a requirement to get a permit or license. To be allowed to conduct business here in california when I found this I was shocked to see it because of it saying otherwise then the first page here.

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Thank you for your private email. I have compared the link you sent me with the link we used in Post #1, and the statutes are the same.

Please look at Item #4 in the following link:
http://www.ipiu.org/forums/showthrea...3755#post23755

In the above link, we stated the licensing board does not regulate any business the board is not authorized to regulate. Therefore, all 16 exemptions in Post #1 cannot be ruled of regulated or enforced by the licensing board.

I was wondering what are the qualification requirement to apply for PI license. The info on IP Bureau site is conflicting: they say person is qualified to apply for business lic. if she/he has certain hours of INVESTIGATIVE WORK experience, then the law says that one cannot perform investigative work without license. How we suppose to understand that? The other question is, if one wants to apply for license just to have lic. and work with for PI agency, NOT operate PI business per se as a qualified manager. Very vague information, does anybody knows the correct answer?

thanks.

Quote:

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Originally Posted by Sona Senanian

I was wondering what are the qualification requirement to apply for PI license. The info on IP Bureau site is conflicting: they say person is qualified to apply for business lic. if she/he has certain hours of INVESTIGATIVE WORK experience, then the law says that one cannot perform investigative work without license. How we suppose to understand that? The other question is, if one wants to apply for license just to have lic. and work with for PI agency, NOT operate PI business per se as a qualified manager. Very vague information, does anybody knows the correct answer?

thanks.

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See the following link:
http://www.ipiu.org/forums/showthrea...776#post531776

Ok. To start off, I noticed that most people just breezed through a lot of already answered questions. I would like to thank everyone in this forum for all of the information. It has all definitely been extremely helpful. One thing I learned is that it is not the license I am eager to go after but the experience. In the past I have talked to a couple local PI's and they gave me the same run around. I actually called one of them out and I will tell you this. Just avoid local PI's and stick to IPIU for any information that you may have because the local PI's either know about IPIU and are not welcome here or are just super jerks. :) Thank you again everyone!

-Ralph