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Thread: PI LICENSING: Kentucky (Revised 2008)

  1. #1
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    PI LICENSING: Kentucky (Revised 2008)


    NO LICENSE NEEDED,
    IF WORKING FOR THE FOLLOWING:
    :

    Exemptions:
    (Source: 329A.070 Scope of KRS 329A.010 to 329A.090. The provisions of KRS 329A.010 to 329A.090 do not apply to:
    1. An officer or employee of the United States, this state, another state, or any political subdivision thereof, performing his or her official duties within the course and
      scope of his or her employment;

    2. A public accountant, certified public accountant, or the bona fide employee of either, performing duties within the scope of public accountancy;

    3. A person engaged exclusively in the business of obtaining and furnishing information regarding the financial rating or standing and credit of persons;

    4. An attorney-at-law, or an attorney's bona fide employee, performing duties within the scope of the practice of law or authorized agent with duties limited to document and record retrieval or witness interviews;

    5. An insurance company, licensed insurance agent, or staff or independent adjuster if authorized to do business in Kentucky, performing investigative duties limited to matters strictly pertaining to an insurance transaction;

    6. A person engaged in compiling genealogical information, or otherwise tracing lineage or ancestry, by primarily utilizing public records and historical information or databases;

    7. A private business employee conducting investigations relating to the company entity by which he or she is employed;

    8. An individual obtaining information or conducting investigations on his or her own behalf;

    9. An employee of a private investigator or a private investigating firm who works under the direction of the private investigator or the private investigating firm for less than two hundred forty (240) hours per year. The board shall promulgate administrative regulations to establish a method of verification of the number of hours worked;

    10. A professional engineer, a professional land surveyor, or a professional engineer's or professional land surveyor's bona fide employee, performing duties within the scope of practice of engineering or land surveying; or

    11. A secured creditor, or person acting on behalf of a secured creditor, engaged in the repossession of the creditor's collateral pursuant to KRS 355.9-609.

    Effective: June 20, 2005
    History: Amended 2005 Ky. Acts ch. 81, sec. 1, effective June 20, 2005. -- Amended
    2004 Ky. Acts ch. 38, sec. 1, effective July 13, 2004; and 186, sec. 5, effective April 21, 2004. -- Created 2002 Ky. Acts ch. 269, sec. 13, effective July 15, 2002.
    TO OBTAIN A LICENSE TO SOLICIT FOR YOUR OWN CLIENTS:
    Each applicant for an individual license or owner, partner, or qualifying agent for a company license shall:
    1. Be at least twenty-one (21) years of age;

    2. Be a citizen of the United States or a resident alien;

    3. Have a high school education or its equivalent;

    4. Not receive a license until the earlier of:


      1. The expiration of ten (10) years from the applicant's release from a sentence imposed by any state or territory of the United States or the federal government for the commission of a felony, including a sentence of confinement or time served on probation, parole, or other form of conditional release or discharge; or

      2. The date the applicant received a restoration of the applicant's civil rights;


    5. Not have been convicted of a misdemeanor involving moral turpitude or for which dishonesty is a necessary element within the previous five (5) years;

    6. Not have been dishonorably discharged from any branch of the Armed Forces of the United States;

    7. Not have had his or her certification as a peace officer revoked in this or another state;

    8. Not have been declared by any court of competent jurisdiction to be incompetent by reason of mental defect or disease unless a court of competent jurisdiction has since declared the applicant to be competent;

    9. Not have been voluntarily or involuntarily committed to a facility or outpatient program for the abuse of a controlled substance or been convicted of a misdemeanor violation of KRS Chapter 218A or similar laws of any other state relating to controlled substances within the three (3) year period immediately preceding the date on which the application is submitted;

    10. Not chronically and habitually use alcoholic beverages as evidenced by:
      1. The applicant having two (2) or more convictions for violating KRS 189A.010 within the three (3) year period immediately preceding the date on which the application is submitted; or

      2. The applicant having been committed as an alcoholic pursuant to KRS Chapter 222, or similar laws of any other state, within the three (3) year period immediately preceding the date on which the application is submitted;


    11. Not chronically and habitually use alcoholic beverages or drugs to the extent that his or her normal faculties are impaired;

    12. Be of good moral character;

    13. Pass an examination administered by the board in accordance with KRS 329A.025(2)(c); and

    14. Submit proof of coverage which meets the following requirements:
      1. Is written by an insurance company which is lawfully engaged to provide insurance coverage in Kentucky;

      2. Provides for a combined single-limit policy in the amount of at least two hundred fifty thousand dollars ($250,000); and

      3. Insures for liability all of the applicant's employees while acting in the course of their employment.


    Private investigators who limit their practice exclusively to working under the supervision and as employees of an attorney who is licensed to practice law in this state are exempted from the requirement of this paragraph.

    Source Link



    Reduced licensing fees for Sole Owner versus Company Owner:

    Therefore, the statutory language in KRS 329A.040(4) prohibits the Board from requiring that a sole proprietorship obtain a private investigator company license. The Board may issue such a license if the company requests licensure, but the Board does not have the authority to mandate it.

    Click here full site


    Home Page of Kentucky PI Licensing Board: Click here

    According to the 201 KAR 41:070 (11) Continuing Professional Education requirements of 6 hours per year (12 hours per renewal every two-years) will go into effect on the June 30, 2008 renewal cycle.



    LICENSE FEES (Sole Owner)
    • $300 for the first two (2) years, or an average of $150 per year.
    • $250 for each two (2) year renewal, or an average of $125 per year.




    Reciprocal Agreements for out-of-state PI's:
    • An active Private Investigator license in Tennessee for two (2) consecutive years and reside in Tennessee, will not be required to provide background checks or take the Kentucky exam.
    • VA, WV, IL, OH and MO are also likely to be recognized in the same manner of Tennessee.
    Legal Affairs comments are not intended to be and should absolutely not be taken as legal advice. If you should require legal, tax, or financial advice, you must first enter into a written agreement with only a licensed professional for legal, tax, or financial services, signed by both you and the licensed professional, and paid a retainer in good funds. Legal Affairs is not, nor intends to be, nor solicits to be your licensed professional. Members accessing comments by Legal Affairs are required to be bound by their Terms of Use Agreement regarding Legal Affairs.

  2. #2
    David Wagner - is offline Lifetime Professional Management Member

    Certified SPI

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    International Private Investigators Union (IPIU)
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    Re: License in Kentucky

    I have a Colorado Corporation, can IPIU help me get an agency started in Kentucky were I live.
    David
    badge#11543

  3. #3
    Join Date
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    Re: License in Kentucky

    Quote Originally Posted by David Wagner View Post
    I have a Colorado Corporation, can IPIU help me get an agency started in Kentucky were I live.
    David
    badge#11543
    Answer #1:
    Yes. If you have a Colorado corporation, then please author a New Topic (Thread) in the Corporation Owners Forum (which you should have access to). Go to the Main Forum Page, then go in to the forum titled Colorado Office, and then enter the Corporation Owners Forum. If you get lost, please post a request in your official Introduction Topic (which is your home to getting directions)

    Answer #2:
    Because the Kentucky PI State License does not require anything except a $300 payment for 2-years, plus passing a test - you do not need a sponsor for your PI Agency unless you do not want to take the test personally.

    Let us know which direction want to go.

    Answer #3:
    In either event, you may wish to have IPIU obtain a Kentucky Corporation License extension from your Colorado Corporation. This is separate from the Kentucky PI License application.

    To order, go here:http://www.privateinvestigators.cc/p...roducts_id=113

    Or, you can order over the phone at 800-548-1526.

  4. #4
    Join Date
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    Re: PI LICENSING: Kentucky (Revised 2008)

    To Everyone:

    This is the new topic for Kentucky Licensing!

    Many changes and clarifications have been made to better understand how easy and affordable a Kentucky PI License is (without any prior experience necessary!)

    Quote Originally Posted by Valerie Thompson View Post
    If I read the information correctly, as of January 2003 a license is definitely required, and there are qualifications.
    Yes, Valerie. But this new link will provide you with easier clarification on how easy it is now.

    Quote Originally Posted by Leanna Brosan View Post
    I know this has been several months, but I can answer this question...if you work for a private investigator or firm, you can only work 240 hours a year without getting your own license. That means you cannot bill more than that in one year. If you do, you must have a license.
    Yes and No.
    Review this new licensing topic above and you will note there are many exemptions to having a PI License that allows unlicensed private investigators to perform assignments beyond the 240 hours per year.

    Quote Originally Posted by Leanna Brosan View Post
    In KY the PI license is relatively easy, just apply, take a test, and presto, they mail you the license. The test isn't so bad, but you will need to study the statues of the Commonwealth.
    Absolutely correct! And they now give you the free e-book which has all of the material and answers in it for the examination.

    Quote Originally Posted by Leanna Brosan View Post
    It will cost approximately $500, all said and done. This will not include a concealed weapon license (if you wish to have it as an option).
    The 2008 fees include a reduced allowance for sole owners. The start-up fees are now $135, and the 2-year license the first time is $300 which averages $150 a year. Afterward, the renewals drop to an average of $125 per year.

    (The concealed weapon permit is usually something that the majority of licensed PI's nationwide have little use for. But if Kentucky CW Permits are easier to obtain, then why not get one now rather than risk the regulations will change later)

    Quote Originally Posted by Matthew Wayne Simmons View Post
    I have just checked on the laws for Kentucky and the fees. The fees are somewhat high does anyone have any idea how I might be able to obtain assistance with these fees. Possibly by becoming an intern or what ever may work.
    As you have seen above, the fees are broken down into two-payments the first year: $135 to start the application going, including criminal background check, and test examination. The second payment will be for the two-year license ($300) which averages $150 a year. Renewals then drop to an average of $125/year).

    Or, you can work for a licensed PI Agency without a PI License for 240 hours. Out of your paycheck for 240 hours (which is a few thousand dollars), you can then start your own licensing application!

    Quote Originally Posted by Herman Polen Sr View Post
    I'm a Licensed P.I. in Indiana in New Albany right on the river. I do some investigations in Kentucky when need be. I do only what I have to do and leave. I wonder about border states being reciprocal for short term cases, or as long as you don't seek business in Kentucky, my business is from Hoosiers here in Indiana, but my investigations lead me there.....
    Your reciprocal license cost is only an average of $125 per year, with no fingerprints, exam, or other items usually charged. One case a year would pay for your out-of-state license.

    Quote Originally Posted by Robert M Flores View Post
    I have sought to get information on the 6 Hour training and the testing.
    Good news! The new Continuing Education requirement will not start until later this year.

    Quote Originally Posted by Robert M Flores View Post
    As for starting up a business with the titles that do not explicitly state Private investigating, there are mentions of a definition of Private investigators, its job description that, in my opinion, closes this loop hole. (It would require a legal mind to unravel all its implications).
    Our legal staff has already posted an easier-to-read understanding of the exemptions to licensing. (See above)

    Quote Originally Posted by Robert M Flores View Post
    . . . and the lic requires an enormous bonding. (unless all my reading has failed me).
    It is NOT a cash bond. All that is required is for you to obtain a reasonable Insurance Liability Policy in case you are at fault during a licensed regulated case. Much like a car insurance policy for $250,000 coverage, you only pay a nominal monthly insurance payment.

    Quote Originally Posted by Robert M Flores View Post
    The cost of the test and licensing is said to be around $500 . . .
    No longer $500 for sole owners. You can make two payments, one for $135 (covers application, testing, and Criminal Background check). The remaining payment will be for a two (2) year license for $300 (which averages $150 per year). Renewals then drop lower.

    Quote Originally Posted by Robert M Flores View Post
    State licensing should be based on Certification and passing the test. The test should not cost anymore than any other professional test.
    The test is now included with the first payment of $135, which includes the Application Fee, Test, and Criminal Background Check & fingerprint validation.
    Quote Originally Posted by Robert M Flores View Post
    . . . will IPIU as a union, represent or support members in such states that suppress individuals fair rights to pursue careers in this chosen profession?

    I ask this because from what I see with the KY statutes, there is no way I can start up legally in the PI industry in Kentucky unless I am employed by a PI agency lic in Kentucky, and can only work 240 hours a week under their lic.

    I request that the legal dept of IPIU review this statute to ensure we are reading it correctly and have a good understanding on what it takes to be a PI in Kentucky.
    Your union did just what you asked. And the results in this new topic will now show you how to:
    • Perform as a company or sole owner any of the many exempted unregulated assignments without the need for a state PI License.

    • Go to work for a licensed Agency for the first 240 hours without the need to pay any license fees; and the use your earnings to obtain your own license for the two payments I mentioned above.


    Quote Originally Posted by Robert M Flores View Post
    Will my IPIU credentials (when obtained), be legally valid as a means of identification and justifications for working under these circumstances?
    Your IPIU Union License is not a state license. But it is honored by many agencies and companies as a means to monitoring you for potential unlawful activities while performing your work during unregulated assignments.

    Quote Originally Posted by Michael Harris View Post
    I am moving to the Cincinnati area and had thought of living in KY. I was thrilled when I saw the NO license posting. I then checked the site and read the law - I am disappointed, but I will persevere.
    Michael, you need not wait any longer. Although there is a licensing requirement for Kentucky, this new topic now shows that you do NOT NEED ANY PRIOR EXPERIENCE. You make your two payments, study the free PI Examination E-Book for the test, do your fingerprints and photos, and go to work! (Provided, of course, you meet the "basic" requirements of age, etc)

    Quote Originally Posted by Tonya Smothers View Post
    I'm trying to read the forums and clearly understand what is being said, but some of them are confusing. Can someone shed some light? I really need to understand.
    Sorry for the delay. This new topic answers your questions with more clarity.


    Cynthia Ford
    Administrator - IPIU
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