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CALIFORNIA CODES
BUSINESS AND PROFESSIONS CODE
SECTION 7520-7539
(Excerpts pertaining to Private Invesigators)
7521.
A private investigator within the meaning of this chapter is a person,
other than an insurance adjuster subject to the provisions of Chapter
1 (commencing with Section 14000) of Division 5 of the Insurance
Code, who, for any consideration whatsoever engages in business
or accepts employment to furnish or agrees to furnish any person
to protect persons pursuant to Section 7521.5, or engages in business
or accepts employment to furnish, or agrees to make, or makes, any
investigation for the purpose of obtaining, information with reference
to:
(a) Crime or wrongs done or threatened against the United States
of America or any state or territory of the United States of America.
(b) The identity, habits, conduct, business, occupation, honesty,
integrity, credibility, knowledge, trustworthiness, efficiency,
loyalty, activity, movement, whereabouts, affiliations, associations,
transactions, acts, reputation, or character of any person.
(c) The location, disposition, or recovery of lost or stolen property.
(d) The cause or responsibility for fires, libels, losses, accidents,
or damage or injury to persons or to property.
(e) Securing evidence to be used before any court, board, officer,
or investigating committee.
For the purposes of this section, a private investigator is any
person, firm, company, association, partnership, or corporation
acting for the purpose of investigating, obtaining, and reporting
to any employer, its agent, supervisor, or manager, information
concerning the employer's employees involving questions of integrity,
honesty, breach of rules, or other standards of performance of job
duties.
This section shall not apply to a public utility regulated by the
State Public Utilities Commission, or its employees.
7521.5.
(a) A private investigator may provide services to protect a person,
but not property, which is incidental to an investigation for which
the private investigator has been previously hired to perform.
(b) If the private investigator provides those services, he or she
shall comply with the requirements of Article 4 (commencing with
Section 7540), as those provisions relate to the carrying of firearms
and the receipt of a valid firearms qualification card from the
bureau.
(c) If the private investigator provides those services, he or she
shall comply with the requirements of Sections 7583.39, 7583.40,
and 7583.41, as those provisions relate to the maintenance of an
insurance policy.
(d) If the private investigator provides those services, he or she
shall be subject to the jurisdiction of the disciplinary review
committee, pursuant to Section 7581.2, only with respect to violation
of the law or regulations relating to firearms.
(e) If a person acts for, or on behalf of a private investigator
in providing those services, that person shall be an employee of
the private investigator, as defined by Section 7512.11, and there
shall be an employer-employee relationship, as defined in Section
7512.12, and that person shall comply with the requirements of this
section with the exception of the maintenance of an insurance policy.
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.
7523.
(a) Unless specifically exempted by Section 7522, no person shall
engage in the business of private investigator, as defined in Section
7521, unless that person has applied for and received a license
to engage in that business pursuant to this chapter.
(b) Any person who violates any provision of this chapter or who
conspires with another person to violate any provision of this chapter,
relating to private investigator licensure, or who knowingly engages
a nonexempt unlicensed person is guilty of a misdemeanor punishable
by a fine of five thousand dollars ($5,000) or by imprisonment in
the county jail not to exceed one year, or by both that fine and
imprisonment.
(c) A proceeding to impose the fine specified in subdivision (b)
may be brought in any court of competent jurisdiction in the name
of the people of the State of California by the Attorney General
or by any district attorney or city attorney, or with the consent
of the district attorney, the city prosecutor in any city or city
and county having a full-time city prosecutor for the jurisdiction
in which the violation occurred. If the action is brought by the
district attorney, the penalty collected shall be paid to the treasurer
of the county in which the judgment is entered. If the action is
brought by a city attorney or city prosecutor, one-half of the penalty
collected shall be paid to the treasurer of the city in which the
judgment was entered and one-half to the treasurer of the county
in which the judgment was entered. If the action is brought by the
Attorney General, all of the penalty collected shall be deposited
in the Private Investigator Fund.
(d) Any person who: (1) acts as or represents himself or herself
to be a private investigator licensee under this chapter when that
person is not a licensee under this chapter; (2) falsely represents
that he or she is employed by a licensee under this chapter when
that person is not employed by a licensee under this chapter; (3)
carries a badge, identification card, or business card, indicating
that he or she is a licensee under this chapter when that person
is not a licensee under this chapter; (4) uses a letterhead or other
written or electronically generated materials indicating that he
or she is a licensee under this chapter when that person is not
a licensee under this chapter; or (5) advertises that he or she
is a licensee under this chapter when that person is not a licensee,
is guilty of a misdemeanor that is punishable by a fine of ten thousand
dollars ($10,000) or by imprisonment in a county jail for not more
than one year, or by both that fine and imprisonment.
(e) A proceeding to impose the fine specified in subdivision (d)
may be brought in any court of competent jurisdiction in the name
of the people of the State of California by the Attorney General
or by any district attorney or city attorney, or with the consent
of the district attorney, the city prosecutor in any city or city
and county having a full-time city prosecutor for the jurisdiction
in which the violation occurred. If the action is brought by the
district attorney, the penalty collected shall be paid to the treasurer
of the county in which the judgment is entered. If the action is
brought by a city attorney or city prosecutor, one-half of the penalty
collected shall be paid to the treasurer of the city in which the
judgment was entered and one-half to the treasurer of the county
in which the judgment was entered. If the action is brought by the
Attorney General, all of the penalty collected shall be deposited
in the Private Investigator Fund.
(f) Any person who is convicted of a violation of the provisions
of this section shall not be issued a license under this chapter,
within one year following that conviction.
(g) Any person who is convicted of a violation of subdivision (a),
(b), or (d) shall not be issued a license for a period of one year
following a first conviction and shall not be issued a license for
a period of five years following a second or subsequent conviction
of subdivision (a), (b), or (d), or any combination of subdivision
(a), (b), or (d).
(h) The chief shall gather evidence of violations of this chapter
and of any rule or regulation established pursuant to this chapter
by persons engaged in the business of private investigator who fail
to obtain a license and shall gather evidence of violations and
furnish that evidence to prosecuting officers of any county or city
for the purpose of prosecuting all violations occurring within their
jurisdiction.
(i) The prosecuting officer of any county or city shall prosecute
all violations of this chapter occurring within his or her jurisdiction.
7523.5.
(a) The superior court in and for the county wherein any person
has engaged or is about to engage in any act which constitutes a
violation of Section 7523 may, upon a petition filed by the bureau
with the approval of the director, issue an injunction or other
appropriate order restraining this conduct and may impose civil
fines not exceeding ten thousand dollars ($10,000). The proceedings
under this section shall be governed by Chapter 3 (commencing with
Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
except that there shall be no requirement to allege facts necessary
to show or tending to show lack of adequate remedy at law or irreparable
injury.
(b) The superior court for the county in which any person has engaged
in any act which constitutes a violation of Section 7523 may, upon
a petition filed by the bureau with the approval of the director,
order this person to make restitution to persons injured as a result
of the violation.
(c) The court may order a person subject to an injunction or restraining
order, provided for in subdivision (a), or subject to an order requiring
restitution pursuant to subdivision (b), to reimburse the bureau
for expenses incurred by the bureau in its investigation related
to its petition.
(d) A proceeding to impose the fine specified in subdivision (a)
and enjoin the unlicensed operation may be brought in any court
of competent jurisdiction in the name of the people of the State
of California by the Attorney General or by any district attorney
or city attorney, or with the consent of the district attorney,
the city prosecutor in any city or city and county having a full-time
city prosecutor for the jurisdiction in which the violation occurred.
If the action is brought by the district attorney, the penalty collected
shall be paid to the treasurer of the county in which the judgment
is entered. If the action is brought by a city attorney or city
prosecutor, one-half of the penalty collected shall be paid to the
treasurer of the city in which the judgment was entered and one-half
to the treasurer of the county in which the judgment was entered.
If the action is brought by the Attorney General, all of the penalty
collected shall be deposited in the Private Investigator Fund.
(e) The remedy provided for by this section shall be in addition
to any other remedy provided for in this chapter.
7525.
An application for a license under this chapter shall be on a form
prescribed by the director and accompanied by the application fee
provided by this chapter.
7525.1.
An application shall be verified and shall include:
(a) The full name and business address of the applicant.
(b) The name under which the applicant intends to do business.
(c) A statement as to the general nature of the business in which
the applicant intends to engage.
(d) A verified statement of his or her experience qualifications.
(e) (1) If the applicant is an individual, a qualified manager,
partner of a partnership or officer of a corporation designated
in subdivision (h), one personal identification form provided by
the bureau upon which shall appear a photograph taken within one
year immediately preceding the date of the filing of the application
together with two legible sets of fingerprints, one set of which
shall be forwarded to the Federal Bureau of Investigation for purposes
of a background check, on a form approved by the Department of Justice,
and a personal description of each person, respectively. The identification
form shall include residence addresses and employment history for
the previous five years and be signed under penalty of perjury.
(2) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by applicants,
excluding those submitted into an electronic fingerprint system
using electronic fingerprint technology.
(f) In addition, if the applicant for a license is an individual,
the application shall list all other names known as or used during
the past 10 years and shall state that the applicant is to be personally
and actively in charge of the business for which the license is
sought, or if any other qualified manager is to be actively in charge
of the business, the application shall be subscribed, verified,
and signed by the applicant, under penalty of perjury, and if any
other person is to be actively in charge of the business, the application
shall also be subscribed, verified, and signed by that person under
penalty of perjury.
(g) If the applicants for license are copartners, the application
shall state the true names and addresses of all partners and the
name of the partner to be actively in charge of the business for
which the license is sought; and list all other names known as or
used during the past 10 years, or if a qualified manager other than
a partner is to be actively in charge of the business, then the
application shall be subscribed, verified, and signed by all of
the partners under penalty of perjury, and if any other person is
to be actively in charge of the business, the application shall
also be subscribed, verified, and signed by that person, under penalty
of perjury, under penalty of perjury by all of the partners and
qualified manager, or by all of the partners or the qualified manager.
(h) If the applicant for license is a corporation, the application
shall state the true names, and complete residence addresses of
the chief executive officer, secretary, chief financial officer,
and any other corporate officer who will be active in the business
to be licensed. The application shall also state the name and address
of the designated person to be actively in charge of the business
for which the license is sought. The application shall be subscribed,
verified, and signed by a duly authorized officer of the applicant
and by the qualified manager thereof, under penalty of perjury.
(i) Any other information, evidence, statements, or documents as
may be required by the director.
7526.
Before an application for a license is granted, the applicant for
a license or his or her manager shall meet all of the following:
(a) Be at least 18 years of age.
(b) Not have committed acts or crimes constituting grounds for denial
of a license under Section 480.
(c) Comply with the requirements specified in this chapter for the
particular license for which an application is made.
(d) Comply with other qualifications as the director may fix by
rule.
7527.
The director may require an applicant or his or her manager, to
demonstrate his or her qualifications by a written or oral examination,
or a combination of both.
7527.1.
(a) When creating or updating the licensing examination required
pursuant to Section 7527, the bureau shall consider all of the following:
(1) Including in the examination questions on the subject of laws
relating to privacy and professional ethics.
(2) Supplementing the examination with a separate examination on
the subject of professional ethics.
(b) If the bureau determines pursuant to subdivision (a) that a
separate professional ethics examination is necessary, the bureau
shall require that current licensees take the separate professional
ethics examination if this requirement is appropriate.
7527.5.
Payment of the application fee prescribed by this chapter entitles
an applicant or his or her manager to one examination without further
charge. If the person fails to pass the examination, he or she shall
not be eligible for any subsequent examination except upon payment
of the reexamination fee prescribed by this chapter for each subsequent
examination.
7528.
The chief shall issue a license, the form and content of which shall
be determined by the chief in accordance with Section 164. In addition,
the chief shall issue a "Certificate of Licensure" to any licensee,
upon request and upon the payment of a fee of fifty dollars ($50).
7528.5.
The license shall at all times be posted in a conspicuous place
in the principal place of business of the licensee.
7529. Upon the issuance of a license, a pocket card of the size,
design, and content as may be determined by the director shall be
issued by the bureau to each licensee, if an individual, or if the
licensee is a person other than an individual, to its manager and
to each of its officers and partners. The pocket card is evidence
that the licensee is licensed pursuant to this chapter. The card
shall contain the signature of the licensee, signature of the chief,
and a photograph of the licensee, or bearer of the card, if the
licensee is other than an individual. The card shall clearly state
that the person is licensed as a private investigator or is the
manager or officer of the licensee. The pocket card is to be composed
of a durable material and may incorporate technologically advanced
security features. The bureau may charge a fee sufficient to reimburse
the department's costs for furnishing the pocket card. The fee charged
may not exceed the actual direct costs for system development, maintenance,
and processing necessary to provide this service, and may not exceed
sixteen dollars ($16). When a person to whom a card is issued terminates
his or her position, office, or association with the licensee, the
card shall be surrendered to the licensee and within five days thereafter
shall be mailed or delivered by the licensee to the bureau for cancellation.
Every person, while engaged in any activity for which licensure
is required, shall display his or her valid pocket card as provided
by regulation.
7530.
A license issued under this chapter is not assignable.
7531.
A licensee shall at all times be legally responsible for the good
conduct in the business of each of his or her employees or agents,
including his or her manager.
7531.5.
Each licensee shall maintain a record containing information relative
to his or her employees as may be prescribed by the director.
7532.
No licensee shall conduct a business under a fictitious or other
business name unless and until he or she has obtained the written
authorization of the bureau to do so. The bureau shall not authorize
the use of a fictitious or other business name which is so similar
to that of a public officer or agency or of that used by another
licensee that the public may be confused or misled thereby. The
authorization shall require, as a condition precedent to the use
of any fictitious name, that the licensee comply with Chapter 5
(commencing with Section 17900) of Part 3 of Division 7. A licensee
desiring to conduct his or her business under more than one fictitious
business name shall obtain the authorization of the bureau in the
manner prescribed in this section for the use of each name. The
licensee shall pay a fee of twenty-five dollars ($25) for each authorization
to use an additional fictitious business name and for each change
in the use of a fictitious business name. If the original license
is issued in a nonfictitious name and authorization is requested
to have the license reissued in a fictitious business name the licensee
shall pay a fee of twenty-five dollars ($25) for the authorization.
7533.
Each licensee shall file with the bureau the complete address of
his or her principal place of business including the name and number
of the street, or, if the street where the business is located is
not numbered, the number of the post office box. The director may
require the filing of other information for the purpose of identifying
the principal place of business.
7533.5.
(a) A licensee shall notify the bureau within 30 days of any change
in its corporate officers or of any addition of a new partner.
(b) Applications, on forms prescribed by the director, shall be
submitted by all new officers and partners. The director may suspend
or revoke a license issued under this chapter if the director determines
that the new officer or partner of a licensee has committed any
of the acts constituting grounds to deny an application for a license
or to take disciplinary action against a licensee pursuant to Section
7538 or 7538.5, respectively.
7534.
Every advertisement by a licensee soliciting or advertising business
shall contain his or her business name, business address or telephone
number, and license number as they appear in the records of the
bureau. For the purposes of this section, "advertisement" shall
include any business card, stationery, brochure, flyer, circular,
newsletter, fax form, printed or published paid advertisement in
any media form, or telephone book listing. Every advertisement by
a licensee soliciting or advertising their business shall contain
his or her business name, business address or telephone number,
and license number, as they appear in the records of the bureau.
7535.
A licensee shall not advertise or conduct business from any location
other than that shown on the records of the bureau as his or her
principal place of business unless he or she has received a branch
office certificate for the location after compliance with the provisions
of this chapter and any additional requirements necessary for the
protection of the public as the director may by regulation prescribe.
A licensee shall notify the bureau in writing within 30 days after
closing or changing the location of a branch office.
7536.
(a) The business of each licensee shall be operated under the active
direction, control, charge, or management, in this state, of the
licensee, if he or she is qualified, or the person who is qualified
to act as the licensee's manager, if the licensee is not qualified.
(b) No person shall act as a qualified manager of a licensee until
he or she has complied with each of the following:
(1) Demonstrated his or her qualifications by a written or oral
examination, or a combination of both, if required by the director.
(2) Made a satisfactory showing to the director that he or she has
the qualifications prescribed in Section 7526 and that none of the
facts stated in Section 7538 or 7538.5 exist as to him or her.
(c) A person shall not act as a qualified manager of more than five
licensees. The person acting as a qualified manager shall share
equally with the licensee the responsibility and any liability for
the conduct of the business of the licensee and the actions of the
employees and other personnel of the licensee. This section shall
not apply to any licensee that notifies the bureau in writing that
he or she is not conducting any business, but requests to maintain
a current license status with the bureau. Whenever the licensee
resumes conducting business, the licensee shall so inform the bureau
in writing within 30 days.
(d) Any person acting as a qualified manager of a licensee shall
be the holder of a qualification certificate issued by the bureau.
The certificate, together with the current renewal certificate,
shall be predominantly displayed below the private investigator's
license.
7537.
(a) In case of the death of a person licensed as an individual,
a member of the immediate family of the deceased licensee shall
be entitled to continue the business under the same license for
120 days following the death of the licensee, provided that written
application for permission is made to the bureau within 30 days
following the death of the licensee. At the end of the 120-day period,
the license shall be automatically canceled. If no request is received
within the 30-day period, the license shall be automatically canceled
at the end of that period.
(b) If the manager, who has qualified as provided in Section 7536,
ceases for any reason whatsoever to be connected with the licensee
to whom the license is issued, the licensee shall notify the bureau
in writing 30 days from this cessation. If the notice of cessation
is filed timely, the license shall remain in force for a period
of 90 days after cessation or for an additional period, not to exceed
one year, as approved by the director, pending the qualification
of another manager as provided in this chapter. After the 90-day
period or additional period, as approved by the director, the license
shall be automatically suspended, unless the bureau receives written
notification that the license is under the active charge of a qualified
manager. If the licensee fails to notify the bureau within the 30-day
period, his or her license shall be automatically suspended and
may be reinstated only upon the filing of an application for reinstatement,
payment of the reinstatement fee, and the qualification of a manager
as provided in this chapter.
(c) In the case of the death or disassociation of a partner of an
entity licensed as a partnership, the licensee shall notify the
bureau, in writing, within 30 days from the death or disassociation
of the individual. If notice is given, the license shall remain
in force for 90 days following the death or disassociation. At the
end of this period the license shall be automatically canceled.
If the licensee fails to notify the bureau within the 30-day period,
the license shall be automatically canceled.
(d) A license extended under this section is subject to all other
provisions of this chapter.
7538.
After a hearing the director may deny a license unless the applicant
makes a showing satisfactory to the director that the applicant,
if an individual, has not, or if the applicant is a person other
than an individual, that its manager and each of its officers have
not:
(a) Committed any act, which, if committed by a licensee, would
be a ground for the suspension or revocation of a license under
this chapter.
(b) Committed any act constituting dishonesty or fraud.
(c) Committed any act or crime constituting grounds for denial of
licensure under Section 480, including illegally using, carrying,
or possessing a deadly weapon.
(d) Been refused a license under this chapter or had a license revoked.
(e) Been an officer, partner, or manager of any person who has been
refused a license under this chapter or whose license has been revoked.
(f) While unlicensed committed, or aided and abetted the commission
of, any act for which a license is required by this chapter.
(g) Knowingly made any false statement in his or her application.
7538.5.
The director may refuse to issue any license provided for in this
chapter to any person:
(a) Who has had any license revoked, or whose license is under suspension,
or has failed to renew his or her license while it was under suspension.
(b) If any member of any partnership, or any officer or director
of any corporation, or any officer or person acting in a managerial
capacity of any firm or association has had any license issued to
him or her revoked, or whose license is under suspension, or who
has failed to renew his or her license while it was under suspension.
(c) If any member of the partnership, or any officer or director
of the corporation, or any officer or person acting in a managerial
capacity of the firm or association, was either a member of any
partnership, or an officer or director of any corporation, or an
officer or person acting in a managerial capacity of any firm or
association, whose license has been revoked, or whose license is
under suspension, or who failed to renew a license while it was
under suspension, and while acting as such member, officer, director,
or person acting in a managerial capacity participated in any of
the prohibited acts for which any such license was revoked or suspended.
7539.
(a) Any licensee or officer, director, partner, or manager of a
licensee may divulge to any law enforcement officer or district
attorney, or his or her representative, any information he or she
may acquire as to any criminal offense, but he or she shall not
divulge to any other person, except as he or she may be required
by law so to do, any information acquired by him or her except at
the direction of the employer or client for whom the information
was obtained.
(b) No licensee or officer, director, partner, manager, or employee
of a licensee shall knowingly make any false report to his or her
employer or client for whom information was being obtained.
(c) No written report shall be submitted to a client except by the
licensee, qualifying manager, or a person authorized by one or either
of them, and the person submitting the report shall exercise diligence
in ascertaining whether or not the facts and information in the
report are true and correct.
(d) No licensee, or officer, director, partner, manager, or employee
of a licensee shall use a badge in connection with the official
activities of the licensee's business.
(e) No licensee, or officer, director, partner, manager, or employee
of a licensee, shall use a title, or wear a uniform, or use an insignia,
or use an identification card, or make any statement with the intent
to give an impression that he or she is connected in any way with
the federal government, a state government, or any political subdivision
of a state government.
(f) 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.
(g) No licensee, or officer, director, partner, manager, or employee
of a licensee, shall enter any private building or portion thereof,
except premises commonly accessible to the public, without the consent
of the owner or of the person in legal possession thereof.
(h) 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.
(i) No licensee, officer, director, partner, manager, or employee
of a licensee shall knowingly and directly solicit employment from
any person who has directly sustained bodily injury or from that
person's spouse or other family member to obtain authorization on
behalf of the injured person as an investigator to investigate the
accident or act which resulted in injury or death to that person
or damage to the property of that person. Nothing in this subdivision
shall prohibit the soliciting of employment from that injured person'
s attorney, insurance company, self-insured administrator, insurance
adjuster, employer, or any other person having an indirect interest
in the investigation of the injury. This subdivision shall not apply
to any business agent or attorney employed by a labor organization.
No licensee, officer, director, partner, or manager of a licensee
shall pay or compensate any of his or her employees or agents on
the basis of a bonus, bounty, or quota system whereby a premium
is placed on the number of employer or client rule violations or
infractions purportedly discovered as a result of any investigation
made by a licensee.
(j) No licensee shall use a fictitious business name in connection
with the official activities of the licensee's business, except
as provided by the bureau.
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