703.415 Investigator's license qualifications. An applicant for an investigator's license:
(1) Must be at least 21 years of age;
(2) Must have been actively engaged in investigatory work for a period of not less than one year. Completion of a related course of study at an educational institution certified by the Department of Education within the 18 months prior to application may be substituted for up to six months of the required work experience. This work may have been as an operative for an investigator, a law enforcement agent, an attorney admitted to practice law in any state or an employee in a public agency engaged in investigatory activities, or other equivalent experience as determined by the Oregon Board of Investigators;
(3) Must not have committed any act that constitutes grounds for denial of a license under ORS 703.465 unless the Oregon Board of Investigators concludes that notwithstanding the act or acts, the applicant is fit for the position; and
(4) Must have obtained a passing score on the test of professional investigative ethics administered or approved by the board. [1997 c.870 s.4]
703.420 Operative's registration qualifications. An applicant for an operative's registration:
(1) Must be at least 21 years of age;
(2) Must not have committed any act that constitutes grounds for denial of a registration under ORS 703.465 unless the Oregon Board of Investigators concludes that notwithstanding the act, the applicant is fit for the position; and
(3) Must have obtained a passing score on the test of professional investigative ethics administered or approved by the board. [1997 c.870 s.5; 1999 c.59 s.211]
703.425 Application requirements; fee; investigation of applicant. (1) An application for an investigator's license or operative's registration shall be in writing on a form prescribed by the Oregon Board of Investigators and signed under oath, stating the applicant's:
(a) Name;
(b) Birthdate;
(c) Citizenship;
(d) Physical description;
(e) Current residence;
(f) Residence for the preceding 10 years;
(g) Current employment;
(h) Employment for the preceding 10 years;
(i) Experience qualifications;
(j) Education;
(k) Business address, which may be a post office box; and
(L) Any other information required by the board.
(2) The application shall be accompanied by:
(a) The application fee as prescribed by the board by rule;
(b) Recent photographs of the applicant as prescribed by the board by rule to be used for an identification card and for the files of the board;
(c) Complete sets of the applicant's fingerprints as prescribed by the board by rule;
(d) Three professional references, none of which may be from a person who is related to the applicant by blood or marriage;
(e) Proof of a corporate surety bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or such other security as the board may prescribe by rule in the sum of at least $5,000 or errors and omissions insurance in the sum of at least $5,000. Failure to maintain such security or insurance is grounds for penalties as the board determines or denial of renewal of a license or registration; and
(f) Proof of a passing score on the test of professional investigative ethics administered or approved by the board.
(3) All applicants must disclose any acts or crimes constituting grounds for denial of a license or registration under ORS 703.465 and must notify the board when the applicant is charged with a criminal offense. The board must conduct a special review of any applicant making a disclosure under this subsection.
(4) The board shall request criminal offender information from the Department of State Police in the manner required by ORS 703.427.
(5) Employees of or partners in a firm who are covered by the firm's errors and omissions insurance meet the requirements of subsection (2)(e) of this section as long as the coverage is at least $5,000 per investigator. [1997 c.870 s.6; 1999 c.59 s.212; 1999 c.125 s.1; 1999 c.312 s.1; 1999 c.363 s.1]
703.427 Criminal records check. (1)(a) The Oregon Board of Investigators shall forward two complete sets of an applicant's fingerprints to the Department of State Police and request the department to conduct a statewide criminal records check on the applicant.
(b) Upon the request of the board, the Department of State Police shall furnish to the authorized staff of the board such information on an applicant for an investigator's license or an operative's registration as the Department of State Police may have in its possession from its central bureau of criminal identification, including but not limited to manual or computerized criminal offender information. The Department of State Police shall maintain the fingerprint cards used to conduct the statewide criminal records check in its files.
(2)(a) If the background investigation conducted under subsection (1) of this section does not disclose any activity that would disqualify an applicant from becoming an investigator or operative pursuant to ORS 703.465, the Department of State Police shall conduct nationwide criminal records checks of the applicant through the Federal Bureau of Investigation by use of the applicant's fingerprints and shall report the results to the authorized staff of the board, who must be specifically authorized to receive the information.
(b) The Federal Bureau of Investigation shall either return or destroy the fingerprint cards used to conduct the criminal records check and shall not keep any record of the fingerprints. However, if the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, the department shall cease to send the cards to the federal bureau but shall continue to process the information through other available resources.
(c) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the department shall return the fingerprint cards to the board.
(3) For purposes of requesting and receiving the information and data described in subsections (1) and (2) of this section, the board is a designated agency for purposes of ORS 181.010 to 181.560 and 181.715 to 181.730. [1999 c.125 s.2]
Note: 703.427 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 703 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
703.430 Issuance of license and registration; posting of license; operative supervision requirement; expiration. (1) The Oregon Board of Investigators shall issue an investigator's license if the applicant has satisfied the requirements of ORS 703.415 and 703.425. Upon receiving an investigator's license from the board, an investigator shall, at all times, post this license in a conspicuous place in the principal place of business of the investigator.
(2) The board shall issue an operative's registration if the applicant has satisfied the requirements of ORS 703.420 and 703.425. An operative shall, at all times, perform services under the direct supervision and control of a licensed investigator or an attorney admitted to practice in this state.
(3) Any license or registration issued under this section shall expire two years following the date of issuance or on the assigned renewal date. [1997 c.870 s.7]
703.435 Identification card; obligation to carry; return of card; replacement; fees. (1) When issuing an investigator's license or operative's registration, the Oregon Board of Investigators shall also issue an identification card of a size, design and content as may be determined by the board by rule.
(2) Any person licensed or registered by this state as an investigator or operative shall carry at all times, while engaged in the practice of investigating, the identification card issued under this section.
(3) Identification cards remain the property of this state and must be returned to the board within 15 business days after:
(a) Failure to renew an investigator's license or operative's registration;
(b) Revocation or suspension of a license or registration by the board; or
(c) Termination of employment for a registered operative.
(4) In the event of loss or destruction of an identification card, the cardholder may apply to the board for a replacement of the card, stating the circumstances of the loss or destruction. The cardholder shall provide recent photographs of the cardholder and a card replacement application fee as prescribed by the board by rule. [1997 c.870 s.8; 1999 c.125 s.3; 1999 c.363 s.2]
703.440 Licensing reciprocity. The Oregon Board of Investigators may enter into a reciprocal agreement with the appropriate official of any other state to allow an investigator licensed in the other state to operate in Oregon if the board determines that the requirements for licensure in that state are substantially similar to the requirements under Oregon law. [1997 c.870 s.17]
703.445 Renewal procedure; fee; penalty. (1) Every person holding an investigator's license or operative's registration who desires to continue to practice in this state shall apply for renewal and pay the renewal fee as prescribed by rule of the Oregon Board of Investigators to the board on or before the renewal date of the license or registration. Any person who fails to pay the renewal fee by the renewal date may, within the following 30 days, pay the renewal fee plus a penalty in an amount to be prescribed by board rule, not to exceed twice the amount of the current renewal fee. Any person who fails to pay the renewal fee, with accrued penalties, for a period of 30 days after the renewal date shall forfeit the right to work as an investigator or operative in this state and may be reinstated only upon compliance with the initial application procedures.
(2) Prior to renewing a license or registration, the board may request criminal offender information from the Department of State Police as provided in ORS 703.427. Any act that is grounds for denying an initial application for a license or registration is grounds for refusing to renew a license or registration. [1997 c.870 s.9; 1999 c.125 s.4]
703.450 Rules and requirements of conduct. All licensed investigators and registered operatives shall, at all times, observe the following rules and requirements of conduct:
(1) An investigator or operative shall not knowingly make any false report to an employer or client for whom information was being obtained.
(2) An investigator or operative shall not use a badge in connection with the official activities of the investigator's business.
(3) An investigator or operative shall not attempt to give an impression that the investigator or operative is connected in any way with any law enforcement or other governmental entity by any statement or activity, including using a title, wearing a uniform, using an insignia or using an identification card.
(4) An investigator or operative shall use only the official identification card issued by the Oregon Board of Investigators, or the business card regularly used by the investigator's business, to indicate that the investigator or operative is licensed or registered.
(5) All investigators shall be directly responsible for the professional, ethical and legal conduct of their employees and operatives working under their supervision.
(6) All advertisements by an investigator shall contain the company name, address, telephone number and the investigator's license number.
(7) All identification cards, letterhead or other identifiers must contain:
(a) The individual's name;
(b) The business name;
(c) The mailing address of the place of business;
(d) The business telephone number; and
(e) The license or registration number provided by the board.
(8) An investigator or operative shall notify the board when the investigator or operative is charged with a criminal offense. [1997 c.870 s.10; 1999 c.125 s.5]
703.455 Client rights; reports; records. (1) All investigators and operatives shall inform each client that the client has a right to receive a written contract. The contract shall clearly state the task to be performed and the rate of payment.
(2) All investigators and operatives shall inform each client that the client is entitled to receive either of the following reports concerning services rendered:
(a) An oral report that is timely and adequate when a client does not desire a written report; or
(b) A written report furnished by the investigator or operative to the client within seven days after written request is received from the client.
(3) All investigators and operatives shall maintain accurate accounting records of time and expenses.
(4) All investigators shall keep separate and distinct case files for each client and case. Case files shall include the date activity began, copies of all correspondence and written reports generated and an accurate accounting of all time and expenses incurred by the investigator or operative during the course of that case.
(5) Each investigator shall maintain a record of the term of employment of each employee and operative.
(6) All records and files referred to in this section shall be maintained for not less than seven years. [1997 c.870 s.11]
703.460 Principal location requirement. Investigators and operatives shall maintain a principal location for the conduct of business. This location, as well as any branch office, shall be registered with the Oregon Board of Investigators. Each investigator or operative shall notify the board within 10 days of any change of the business address of the principal location or of any branch office of the business. [1997 c.870 s.12]
703.465 Discipline or issuance refusal; conditions. The Oregon Board of Investigators may refuse to grant or renew a license or registration, may suspend or revoke a license or registration or may reprimand, censure or impose a period of probation for any of the following reasons:
(1) A conviction of a felony or of any offense involving moral turpitude;
(2) A violation of any of the provisions of ORS 703.401 to 703.490, 703.993 and 703.995 or of any rule adopted by the board;
(3) Any unprofessional conduct or unfitness of the investigator or operative;
(4) Any act in the course of the investigator's or operative's business constituting dishonesty or fraud;
(5) The submission of any false information in connection with an application for a license or registration;
(6) Willful failure or refusal to render services to a client; or
(7) Knowing violation of any court order or injunction in the course of business as an investigator or operative. [1997 c.870 s.18]
703.470 Opportunity for hearing; judicial review. (1) If the Oregon Board of Investigators proposes to refuse to issue or renew a license or registration or proposes to suspend or revoke a license or registration or proposes to reprimand, censure or impose a period of probation on an investigator or operative, opportunity for hearing shall be accorded as provided in ORS 183.310 to 183.550.
(2) Judicial review of orders under subsection (1) of this section shall be as provided in ORS 183.310 to 183.550. [1997 c.870 s.19]