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Thread: PI LICENSING: Montana

  1. #1
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    PI LICENSING: Montana

    UPDATE 10-16-06:
    The following state links are now available:

    Exemptions

    Definitions

    License qualifications



    PREVIOUS STATUTES:

    NO LICENSE NEEDED, IF WORKING FOR THE FOLLOWING::

    37-60-105. Exemptions:
    1. An internal investigator or auditor, while making an investigation incidental to the business of the company by which he is singularly and regularly employed.
    2. Any one person employed singly and exclusively by any one employer in connection with the affairs of such employer only and where there exists an employer-employee relationship and the employee is unarmed, does not wear a uniform, and is guarding inside a structure which at the time is not open to the public;
    3. A person who is employed singly and exclusively by a retail merchant; performing at least some of his work for the retail merchant as a private security guard; and who has received training as a private security guard from the employer or at the employer's direction;
    4. An officer or employee of the United States of America or of this state or a political subdivision thereof while such officer or employee is engaged in the performance of his official duties;
    5. A person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons or as to the personal habits and financial responsibility of applicants for insurance, indemnity bonds, or commercial credit;
    6. An attorney at law in performing his duties as an attorney at law;
    7. A legal assistant, intern, or paralegal employed by one or more entities, law offices, governmental agencies, or lawyers; or a law student who is serving a legal internship;
    8. A collection agency or finance company licensed to do business under the laws of this state, or an employee thereof while acting within the scope of his employment, while making an investigation incidental to the business of the agency or company, including an investigation of the location of a debtor or his property where the contract with an assignor creditor is for the collection of claims owed or due or asserted to be owed or due or the equivalent thereof;
    9. A special agent employed by railroad companies, provided the railroad company notifies the board that such agents are operating in the state;
    10. Insurers and insurance producers and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them;
    11. An insurance adjuster, as defined by 37-60-101(10);



    TO OBTAIN A LICENSE TO SOLICIT FOR YOUR OWN CLIENTS:

    93-02-01.1-01. Qualifications for individuals providing private investigative services.

    To receive and maintain any license or registration from the board to provide private investigative services, an individual first must:
    1. 37-60-303. License qualifications.
    2. Except as otherwise specified in this section, an applicant for licensure under this chapter shall submit evidence under oath that the applicant:

      (a) is at least 18 years of age;

      (b) is a citizen of the United States;

      (c) has not been convicted in any jurisdiction of any felony or any crime involving moral turpitude or illegal use or possession of a dangerous weapon, for which a full pardon or similar relief has not been granted;

      (d) has not been judicially declared incompetent by reason of any mental defect or disease or, if so declared, has been fully restored;

      (e) is not suffering from habitual drunkenness or from narcotics addiction or dependence;

      (f) is of good moral character; and

      (g) has complied with other experience qualifications as may be set by the rules of the board.
    3. In addition to meeting the qualifications in subsection (1), an applicant for licensure as a private security guard shall:

      (a) complete the training requirements of a private security guard training program certified by the board and provide, on a form prescribed by the board, written notice of satisfactory completion of the training; and

      (b) fulfill other requirements as the board may by rule prescribe.
    4. In addition to meeting the qualifications in subsection (1), each applicant for a license to act as a private investigator shall submit evidence under oath that the applicant:

      (a) is at least 21 years of age;

      (b) has at least a high school education or its equivalent;

      (c) has not been dishonorably discharged from any branch of the United States military service;

      (d) for a period of not less than 3 years:
      (i) has been lawfully engaged in the private investigative business;
      (ii) has been lawfully employed as a private investigator or been the holder of a certificate of authority to conduct a private investigative business; or
      (iii) has been an investigator, detective, special agent, or peace officer of a city, county, or state government or of the United States government; and

      (e) has fulfilled any other requirements as the board may by rule prescribe.
    5. Up to one-half of the experience required by subsection (3)(d) may be met by a combination of education and training as accepted by the board. All college credits must be from an accredited college or university and be verified by transcript.
    6. Applicants who will wear or carry firearms in performance of their duties shall submit written notice of satisfactory completion of a firearms training program certified by or satisfactory to the board, as it may by rule prescribe.
    7. A corporation applying for a license under this section must be incorporated under the laws of this state or be duly qualified to do business within this state.
    8. The board shall require an applicant to demonstrate by written examination such additional qualifications as the board may by rule require.


    MAIN WEB SITE:
    http://mt.gov/dli/bsd/license/bsd_bo...board_page.asp

    Montana Code Annotated 2019:
    https://leg.mt.gov/bills/mca/title_0...0010-0050.html

    For an online application, go to:
    http://mt.gov/dli/bsd/license/bsd_bo...pi_license.asp

  2. #2
    I'm not sure if I'm reading this right. Would I be correct in thinking that I can work as an investigator in Montana as long as I am working under the license of an agency?

  3. #3
    Join Date
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    Originally posted by Leisl D Olson
    I'm not sure if I'm reading this right. Would I be correct in thinking that I can work as an investigator in Montana as long as I am working under the license of an agency?
    You can always work as a private investigator under a licensed private investigative agency in Montana, and depending on the statutes they may wish to help you qualify in any additional requirements, such as fingerprinting, etc.

    But the above statutes show eleven (11) exemptions where you can perform as a private investigator withour a PI License.
    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.

  4. #4
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    I was curious about what the online application looked like and tried the link http://www.discoveringmontana.com/dl...pi_license.htm
    This sent me to a mt.gov page with "Sorry - Page Not Found Sorry we could not find your page."

  5. #5
    Donna Reagan's Avatar
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  6. #6
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    Thank you so very much. Have a great day.

  7. #7
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    Re: PI LICENSING: Montana

    Would the typo in section 5 (referencing 3 (d) when they meant 4 (d)) cause a problem in submitting education for part of the experience? Have they fixed that?

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