§ 3151. Definitions
As used in this chapter:
(1) "Board" means the state board of private investigative and security services.
(2) "Person" means an individual, partnership, corporation or other business entity.
(3) "Private detective" or "private investigator" means any person who, for a consideration engages in or solicits business or accepts employment to furnish, or agrees to make or makes any investigation to obtain, information with reference to any of the following or provides, or offers to provide, security of persons incident to any of the following:
(A) Any crime or wrong committed or threatened against the laws or government of the United States, any state or territory, or any political subdivision thereof.
(B) The identity, habits, conduct, honesty, loyalty, movements, whereabouts, affiliations, associations, transactions, reputation or character of any living person.
(C) Libels, fires, losses, accidents, or damage or injury to persons or property.
(D) The location, disposition or recovery of lost or stolen property.
(E) Evidence to be used before any court, board, officer or investigative committee.
(F) The identity or apprehension of persons suspected of crimes.
(4) "Security guard" means a person who is engaged for compensation in the business of protecting property or persons through the use of guard dogs, providing armed or unarmed guard service, or armed courier service and performing one or more of the following functions:
(A) Prevention or detection of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property.
(B) Prevention, observation, or detection of any unauthorized activity on private property.
(C) Protection of patrons and persons lawfully authorized to be on the premises of the person, firm, association, or corporation that entered into the contract for security services.
(D) Control, regulation, or direction of the flow or movement of the public, whether by vehicle or otherwise, on the premises of the person that entered into the contract for security services, and only to the extent and for the time directly and specifically required to assure the protection of properties.
(E) Physically responding to any alarm signal device, burglar alarm, television camera, still camera, or a mechanical or electronic device installed or used to prevent or detect burglary, theft, shoplifting, pilferage, losses, or other security measures.
(F) Providing armored car services for the protection of persons or property.
(5) "Qualifying agent" means a licensed private detective or a licensed security guard who shall be the licensed holder for an agency under section 3176 of this title, and who, in the case of a corporation is an officer or an individual in a management capacity, and who in the case of a partnership is a general or unlimited partner. (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 1.)
§ 3151a. Exemptions
(a) The term "private detective" or "private investigator" shall not include:
(1) Law enforcement officers certified under section 2358 of Title 20 while engaged in the performance of their official duties.
(2) Insurance adjusters, insurance appraisers and persons regularly employed as investigators exclusively by one insurance company.
(3) Persons regularly employed as investigators, exclusively by one employer in connection with the affairs of that employer only, provided that the employer is not a private detective agency.
(4) Persons engaged exclusively in the business of furnishing of information as to the business and financial standing, and credit responsibility of persons, provided such information is not obtained through the preparation of investigative consumer reports as defined by the Federal Fair Credit Reporting Act.
(5) Attorneys engaged in the practice of law, and law clerks, paralegals and other laypersons regularly employed exclusively by one attorney or law firm when the attorney or law firm retains complete professional responsibility for the work product of the law clerk, paralegal or other laypersons in his, her or its employ.
(6) Employees of the federal government, the state or of any municipality in the performance of official duties.
(7) News gathering persons.
(8) A person engaged in compiling genealogical information from public records.
(9) Persons providing marketing or demographic information.
(10) Authors researching material for publication.
(b) The term "security guard" shall not include:
(1) Law enforcement officers certified under section 2358 of Title 20 while engaged in the performance of their official duties, including the rendering of security guard services provided such services have been assigned and approved in advance by the officer's employing department and payment for such services is made to the employing department.
(2) Persons who are not armed, who are engaged exclusively in the business of managing property of others, including incidental inspection for the purpose of discovering damage from entry, theft, vandalism or other cause.
(3) Persons regularly employed as security guards exclusively by one employer in connection with the affairs of that employer only, provided that the employer is not a security agency. (Added 1995, No. 144 (Adj. Sess.), § 2.)
§ 3161. State board
The state board of private investigative and security services is created. The board shall consist of five members appointed by the governor: one shall be a provider of private detective services; one shall be a provider of private security services; two shall be members of the public with no financial interest in either service other than as a consumer or potential consumer. The remaining member shall be a provider of private detective services or a provider of private security services, or a provider of both types of services. Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3. (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 3; 2005, No. 27, § 89.)
§ 3162. Powers and duties
The board may:
(1) Adopt rules necessary for the performance of its duties.
(2) Conduct any necessary hearings in connection with the issuance, renewal, denial, suspension or revocation of a license or registration or otherwise related to the disciplining of a licensee , registrant or applicant.
(3) Receive and investigate complaints and charges of unprofessional conduct against any holder of a license or registration, or any applicant. The board shall investigate all complaints in which there are reasonable grounds to believe that unprofessional conduct has occurred.
(4) Conduct examinations and pass upon the qualifications of applicants for a license or registration.
(5) Issue subpoenas and administer oaths in connection with any authorized investigation, hearing, or disciplinary proceeding.
(6) Take or cause depositions to be taken as needed in any investigation, hearing or proceeding.
(7) Adopt rules establishing a security guard or private investigator training program, consisting of not fewer than 40 hours of training, as a prerequisite to registration. Full-time employees shall complete the training program prior to being issued a permanent registration. Part-time employees shall complete not fewer than eight hours of training prior to being issued a part-time employee temporary registration which shall be valid for 180 days. The remaining training hours for part-time employees shall be completed within the temporary registration period of 180 days or before the employee has worked 500 hours, whichever occurs first. The part-time employee temporary registration shall expire after 180 days or 500 hours. For the purposes of this section, "part-time employee" means an employee who works no more than 80 hours per month. The board may prioritize training subjects to require that certain subject areas are covered in the initial eight hours of training required for part-time employees.
(8) Adopt rules establishing continuing education requirements and establish or approve continuing education programs to assist a licensee or registrant in meeting these requirements. (Added 1981, No. 98, § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1995, No. 144 (Adj. Sess.), § 4; 2001, No. 151 (Adj. Sess.), § 28, eff. June 27, 2002; 2005, No. 27, § 89a.)
§ 3163. Functioning of licensing board
(a) Annually, the board shall elect a chairperson, a vice chairperson and a secretary.
(b) Meetings may be called by the chairperson and shall be called upon the request of two other members.
(c) Meetings shall be warned and conducted in accordance with chapter 5 of Title 1.
(d) A majority of the members of a board shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.
(e), (f) [Deleted.] (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 5; 2005, No. 27, § 90.)
§§ 3164, 3165. Repealed. 1995, No. 144 (Adj. Sess.), § 18.
§ 3171. Licensing
(a) Licensing standards and procedures shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant's qualifications to practice the occupation. They shall not be designed or implemented for the purpose of limiting the number of persons engaged in the occupation.
(b) If a licensee has a principal place of business for a licensed occupation, a license shall be prominently displayed at that place.
(c) Licenses and registrations may not be transferred. (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 6.)
§ 3172. Licenses
The board shall issue separate licenses to persons applying and qualifying for a private detective agency license, a private security guard agency license or a combination private detective and security guard agency license. (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 7.)
§ 3173. Private detective and private detective agency licenses
(a) No person shall engage in the business of a private detective or operate a private detective agency in this state without first obtaining a license to do so from the board. The board shall not issue a license to a private detective or private detective agency without first obtaining and approving the following:
(1) An application filed in proper form.
(2) An application fee as established pursuant to section 3178a of this title.
(3) Evidence that the applicant has attained the age of majority.
(4) Evidence that the applicant has successfully passed the examination required by section 3175 of this title.
(b) The board may inquire of the Vermont criminal information center for any information on criminal records of the applicant, and the center shall provide such information to the board. The board, through the Vermont criminal information center, may also inquire of the appropriate state criminal record repositories in all states in which it has reason to believe an applicant has resided or been employed, and it may also inquire of the Federal Bureau of Investigation, for any information on criminal records of the applicant. When fingerprinting is required, the applicant shall bear the costs associated with the return and resubmission of illegible fingerprint cards. The board may also make such additional inquiries it deems necessary into the character, integrity and reputation of the applicant.
(c) The board shall require that the person has had appropriate experience in investigative work, for a period of not less than two years, as determined by the board. Such experience may include, but not be limited to, having been regularly employed as a private detective licensed in another state or as an investigator for a private detective licensed in this or another state, or has been a sworn member of a federal, state or municipal law enforcement agency.
(d) An application for a license may be denied upon failure of the applicant to provide information required, upon a finding that the applicant does not meet a high standard as to character, integrity and reputation or for unprofessional conduct defined in section 3181 of this title. (Added 1981, No. 98, § 1; amended 1989, No. 250 (Adj. Sess.), § 67; 1995, No. 144 (Adj. Sess.), § 8; 1999, No. 133 (Adj. Sess.), § 26.)
§ 3173a. Repealed. 1999, No. 52, § 46.
§ 3174. Security guard and security agency licenses
(a) No person shall engage in the business of security guard or operate a private security agency providing guard services in this state without first obtaining a license to do so from the board. No person shall engage in the business of providing guard dog services or operate a private security agency providing guard dog services without first obtaining a license to do so from the board. The board shall not issue a license without first obtaining and approving the following:
(1) An application filed in proper form.
(2) The application fee.
(3) Evidence that the applicant has attained the age of majority.
(4) Evidence that the applicant has successfully passed the examination required by section 3175 of this title.
(b) The board may inquire of the Vermont criminal information center for any information on criminal records of the applicant, and the center shall provide such information to the board. The board, through the Vermont criminal information center, may also inquire of the appropriate state criminal record repositories in all states in which it has reason to believe an applicant has resided or been employed, and it may also inquire of the Federal Bureau of Investigation, for any information on criminal records of the applicant. When fingerprinting is required, the applicant shall bear the costs associated with the return and resubmission of illegible fingerprint cards. The board may also make such additional inquiries it deems necessary into the character, integrity and reputation of the applicant.
(c) The board shall require that the person has had experience satisfactory to the board in security work, for a period of not less than two years. Such experience may include having been licensed as a security guard in another state or regularly employed as a security guard for a security agency licensed in this or another state, or been a sworn member of a federal, state or municipal law enforcement agency.
(d) An application for a license may be denied upon failure of the applicant to provide information required, upon a finding that the applicant does not meet a high standard as to character, integrity and reputation or for unprofessional conduct defined in section 3181 of this title. (Added 1981, No. 98, § 1; amended 1985, No. 86; amended 1989, No. 250 (Adj. Sess.), §§ 68, 69; 1991, No. 69, § 1, eff. June 21, 1991; 1995, No. 144 (Adj. Sess.), § 9; 1999, No. 133 (Adj. Sess.), § 27.)
§ 3174a. Repealed. 1999, No. 52, § 46.
§ 3175. Examinations
The board shall prepare, or have prepared, and administer, separate examinations for private detectives and private security services. Each examination shall be designed to test the competency of the applicant with respect to the lawful and safe provision of each respective service to the public. (Added 1981, No. 98, § 1.)
§ 3175a. Firearms and guard dog training; instructor licensure
(a) An applicant for a private detective or security guard license to provide armed services shall demonstrate to the board competence in the safe use of firearms in a firearms training program approved by the board and taught by an instructor currently licensed under this section. Firearms training may include evidence of law enforcement or military training in firearms. An applicant for a license to provide guard dog services shall demonstrate to the board competence in the handling of guard dogs in a guard dog training program approved by the board and taught by an instructor currently licensed under this section.
(b) The board shall license instructors of such training courses and shall adopt rules governing the licensure of instructors and the approval of firearms and guard dog training programs.
(c) The board shall not issue a license as a firearms training program instructor without first obtaining and approving the following:
(1) The application filed in the proper form.
(2) The application fee established in subdivision 3178a(5)(A) of this title.
(3) Evidence that the applicant has obtained the age of majority.
(4) A copy of the applicant's training program.
(5) Proof of certification as an instructor from an instructor's course approved by the board.
(6) A federal background check.
(d) The board shall not issue a license as a guard dog training program instructor without first obtaining and approving the following:
(1) The application filed in the proper form.
(2) The application fee established in subdivision 3178a(5)(A) of this title.
(3) Evidence that the applicant has obtained the age of majority.
(4) A copy of the applicant's training program.
(5) Proof of certification as an instructor from an instructor's course approved by the board.
(6) A federal background check.
(e) Instructors licensed under this section are subject to the same renewal requirements as others licensed under this chapter, and prior to renewal are required to show proof of current instructor licensure and pay the renewal fee established in subdivision 3178a(5)(B) of this title.
(f) Hunter safety instructors shall be exempt from the licensure requirements of this section for the purpose of hunter safety instruction. (Added 1999, No. 133 (Adj. Sess.), § 28; amended 2001, No. 151 (Adj. Sess.), § 29, eff. June 27, 2002.)
§ 3176. Employees of agencies
(a) A licensed private detective or a licensed security guard may employ such other persons as he or she deems necessary. However, the license holder shall be the qualifying agent for all in his or her employ and shall be responsible for the conduct of any such employees.
(b) An agency shall register all agency investigative and security employees with the board. Employees shall carry identification in a form satisfactory to the board indicating the licensee by whom the person is employed.
(c) An employee of a licensee shall not function as an armed private investigator, armed guard, armed courier, or handler of guard dogs unless the employee demonstrates to the board competency in a manner deemed appropriate by the board.
(d) The board may inquire of the Vermont criminal information center for any information on criminal records of all agency employees registering with the board, and the center shall provide such information to the board. The board, through the Vermont criminal information center, may also inquire of the appropriate state criminal record repositories in all states in which it has reason to believe an employee has resided or been employed, and it may also inquire of the Federal Bureau of Investigation for any information on criminal records of the employee. The board may also make such additional inquiries it deems necessary into the character, integrity and reputation of the employee.
(e) As a prerequisite to registration, all investigative and security employees shall take and successfully complete a training program approved by the board.
(f) A licensed agency or other entity conducting a training program approved by the board pursuant to this section shall maintain training records for not less than five years. The retained records shall include, at a minimum, records of the courses taught, subjects covered, and persons who have received instruction. Training records shall be made available to the office of professional regulation upon request. A licensed agency shall maintain its training records at its regular place of business within the state of Vermont. (Added 1981, No. 98, § 1; amended 1989, No 250 (Adj. Sess.), § 70; 1995, No. 144 (Adj. Sess.), § 10; 2001, No. 151 (Adj. Sess.), § 30, eff. June 27, 2002; 2005, No. 148 (Adj. Sess.), § 33; 2007, No. 163 (Adj. Sess.), § 32.)
§ 3176a. Transitory practice
The director of the office of professional regulation, under rules adopted by the board, may grant a transitory permit to practice as a private detective to a person who is not a resident of Vermont and has no established place of business in this state, if that person is legally qualified by license to practice as a private detective in any state or country that regulates such practice. Practice under a transitory permit shall not exceed 30 days in any calendar year. (Added 1995, No. 144 (Adj. Sess.), § 11.)
§ 3176b. Temporary registration for employees of agencies
(a) A 60-day temporary registration may be issued to a person who applies for registration as an employee of a licensed private detective or a licensed security guard under section 3176 of this title. A temporary registration shall authorize a person to work as an unarmed private detective or unarmed security guard while employed by a private detective agency or security guard agency licensed by the board.
(b) Temporary registrations shall expire at the end of the 60-day period or by final action on the application, whichever occurs first. For good cause shown, the board may extend a temporary registration one time for an additional period of 60 days. (Added 1999, No. 52, § 27.)
§ 3176c. Temporary emergency registration
(a) If the board determines that the public health, safety, or welfare so requires, it may grant to an applicant a temporary registration to practice as a security guard. To qualify under this section, an applicant shall have a license in good standing to practice as a security guard in another jurisdiction within the United States that regulates the practice. The person seeking the temporary registration shall document to the board's satisfaction that the applicant will otherwise meet all state and federal requirements necessary to perform the specific security duties arising out of the emergency circumstances warranting temporary licensure.
(b) The board may restrict or condition a temporary registration issued under this section, as it deems appropriate in light of the specific emergency, to a particular facility, industry, geographic area, or scope of duty.
(c) Duration of practice under a temporary registration shall be determined by the board but shall not exceed 60 days unless the person granted a temporary registration has submitted an application for full registration under this chapter, prior to the expiration of the term of the temporary registration, and the board finds the emergency to be ongoing. (Added 2005, No. 148 (Adj. Sess.), § 34.)
§ 3177. Repealed. 1989, No. 250 (Adj. Sess.), § 92.
§ 3178. Renewals
(a) A license or registration issued under this chapter shall be renewed biennially upon payment of the required fee.
(b) If an individual fails to renew in a timely manner, he or she may renew the license within 90 days of the renewal date by satisfying all the requirements for renewal and payment of an additional late renewal penalty. (Added 1981, No. 98, § 1; amended 1989, No. 250 (Adj. Sess.), § 71; 1995, No. 144 (Adj. Sess.), § 12.)
§ 3178a. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application for agency license
(A) Detective agency $250.00
(B) Security agency $250.00
(C) Detective/security agency $300.00
(2) Initial license $ 20.00
(3) Application for employee registration
(A) Unarmed registrants $ 50.00
(B) Armed registrants $100.00
(C) Transitory permits $ 50.00
(4) Biennial renewal
(A) Detective agency $275.00
(B) Security agency $275.00
(C) Detective/security agency $275.00
(D) Unarmed registrants (agency employees) $ 80.00
(E) Armed registrants (agency employees) $100.00
(5) Instructor licensure
(A) Application for licensure $100.00
(B) Biennial renewal $150.00
(Added 1981, No. 98, § 5; amended 1989, No. 250 (Adj. Sess.), § 72; 1991, No. 167 (Adj. Sess.), § 51; 1995, No. 144 (Adj. Sess.), § 13; 2001, No. 143 (Adj. Sess.), § 30, eff. June 21, 2002; No. 151 (Adj. Sess.), § 29a, eff. June 27, 2002.)
§ 3178b. Reinstatement
A person whose license or registration has lapsed or been terminated for more than 90 days shall only be reinstated upon filing a new application and meeting all requirements for initial issuance of the license or registration. (Added 1995, No. 144 (Adj. Sess.), § 14.)
§ 3179. Penalties
(a) A person who engages in the practice or business of a private detective or security guard without being licensed under to this chapter shall be subject to the penalties provided in subsection 127(c) of Title 3.
(b) Any person who is or has been an employee of a licensee and any licensee who divulges to anyone other than to his employer or as his employer shall direct, except before an authorized tribunal, any information acquired by him during such employment in respect to any of the work to which he has been assigned by such employer, and any such employee who wilfully makes a false report to his employer in respect to any such work, shall be guilty of a misdemeanor and subject to a fine of not more than $500.00. (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 15; 2007, No. 29, § 40.)
§ 3180. Repealed. 1989, No. 250 (Adj. Sess.), § 92.
§ 3181. Unprofessional conduct
(a) Unprofessional conduct is the conduct prohibited by this section, or by section 129a of Title 3, whether or not taken by a license registrant or applicant.
(b) Unprofessional conduct means any of the following:
(1) Conviction of a crime of moral turpitude.
(2) Failing to make available, upon request of a person using the licensee's services, copies of documents in the possession or under the control of the licensee, when those documents have been prepared for and purchased by the user of services.
(3) Conduct which evidences moral unfitness to practice the occupation.
(4) Allowing any person to practice under a license who is not a partner or employee.
(5) Violating a confidential relationship with a client, or disclosing any confidential client information except
(A) with the client's permission,
(B) in response to a subpoena or court order,
(C) when necessary to establish or collect a fee from the client, or
(D) when the information is necessary to prevent a crime that the client intends to commit.
(6) Accepting any assignment which would be a conflict of interest because of confidential information obtained during employment for another client.
(7) Accepting an assignment that would require the violation of any municipal, state or federal law or client confidence.
(8) Using any badge, seal, card or other device to misrepresent oneself as a police officer, sheriff or other law enforcement officer.
(9) Knowingly submitting a false or misleading report or failing to disclose a material fact to a client.
(10) Falsifying or failing to provide required compulsory minimum training in firearms or guard dog handling as required by this chapter.
(11) Failing to complete in a timely manner the registration of an employee.
(12) Allowing an employee to carry firearms or handle guard dogs prior to being issued a permanent registration card.
(13) Allowing an employee to work without carrying the required evidence of temporary or permanent registration.
(14) Allowing an employee to use or be accompanied by an untrained guard dog while rendering professional services.
(15) Failing to provide information requested by the board.
(16) Failing to return the temporary or permanent registration of an employee.
(17) Failing to notify the board of a change in ownership, partners, officers or qualifying agent.
(18) Providing incomplete, false or misleading information on an application.
(19) Any of the following except when reasonably undertaken in an emergency situation in order to protect life, health or property:
(A) practicing or offering to practice beyond the scope permitted by law;
(B) accepting and performing occupational responsibilities which the licensee knows or has reason to know that he or she is not competent to perform; or
(C) performing occupational services which have not been authorized by the consumer or his or her legal representative.
(20) For armed and guard dog certified licensees, brandishing, exhibiting, displaying or otherwise misusing a firearm or guard dog in a careless, angry or threatening manner unnecessary for the course of the licensee's duties.
(c) After hearing, the board may take disciplinary action against a licensee, registrant or applicant found guilty of unprofessional conduct. Discipline by the board against an applicant, licensee or registrant for unprofessional conduct may include denial of an application, revocation or suspension of a license or registration, imposed supervision, reprimand, warning, or the required completion of a course of action. (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 16; 1997, No. 145 (Adj. Sess.), § 51; 2001, No. 151 (Adj. Sess.), § 31, eff. June 27, 2002.)
§ 3182. Repealed. 1989, No. 250 (Adj. Sess.), § 92.
§ 3183. Remedies
A party aggrieved by a final decision of the board may appeal as provided in section 130 of Title 3. (Added 1981, No. 98, § 1; amended 1983, No. 230 (Adj. Sess.), § 17(7); 1989, No. 250 (Adj. Sess.), § 72a.)