Current through Register Vol. 46, No. 19, March 20, 2024
The continuing education rules that follow rest upon the
premise that the increasing complexity of the private investigation business
makes it essential that private investigators who have been granted licenses to
practice continue their education; the public interest requires that private
investigators keep themselves continually up to date on developments affecting
their practice; and formal programs of continuing education provide private
investigators the opportunity to continually update themselves on the expanding
body of knowledge required to practice the private investigation profession.
Compliance with the continuing education requirements of the department shall
be as follows:
Each person who is the holder of a license to operate a private
investigative agency is required to comply with the continuing education
requirements as a condition precedent to renewal of the person's
license.
Each person who is the holder of an identification card to
operate as a private investigator is required to comply with the continuing
education requirements as a condition precedent to renewal of the employer's
agency license.
(1)
Cost of
continuing education. All costs of complying with the continuing
education requirements of the department are the responsibility of the licensee
who seeks to operate a private investigative agency in this state.
(2)
Basic requirement. A
licensee seeking to renew the licensee's private investigative agency license
shall, during the two-year period preceding the agency license expiration date,
complete a minimum of 12 hours of acceptable continuing education. Employees of
licensees shall, during the two-year period preceding the agency license
expiration date, complete a minimum of 12 hours of acceptable continuing
education. An employee who has worked for a licensed agency for less than 90
days at the time of the agency license expiration date shall be exempt from the
continuing education requirement of this chapter, provided that during the
preceding two years the employee has not been employed as a private
investigator for a licensed agency or agencies in this state for a combined
total of more than 180 days.
a. Applicants who
are residents of another state, who are licensed to operate a private
investigation agency in their state of residency, and who are actively engaged
in the practice in their state of residence, shall not be required to meet the
basic continuing education requirement if their state of residence requires
similar continuing education to maintain their private investigative agency
license.
b. The commissioner shall
have the authority to make exceptions for reasons of individual hardship
including health (certified by a medical doctor), military service, foreign
residency, or other good cause.
c.
Applicants for new licenses who have held a private investigative agency
license in Iowa within the past two years shall complete a minimum of 12 hours
of acceptable continuing education during the two-year period preceding the
date of application.
(3)
Measurement standards. The following standards will be used to
measure the hours of credit to be given for acceptable continuing education
programs completed by individual licensees:
a.
Credit will be given for whole hours only, with a minimum of 50 minutes
constituting one hour. For example, 100 minutes of continuous instruction would
count for two hours; however, more than 50 minutes but less than 100 minutes of
continuous instruction would count for only one hour.
b. Only class hours or the equivalent, and
not student hours devoted to preparation, may be counted.
c. Service as lecturer or discussion leader
of continuing education programs may be counted to the extent that it
contributes to the applicant's professional competence.
(4)
Programs which qualify.
The overriding consideration in determining whether a specific program
qualifies as acceptable continuing education is that it be a formal program of
learning which contributes directly to the professional competence of an
individual licensed to practice in this state. It will be left to the
individual license holder to determine the course of study to be pursued. Thus,
each licensee may study subjects related to the licensee's particular practice.
a. Continuing education programs will qualify
only if:
(1) An outline of the program is
prepared in advance and preserved.
(2) The program is at least one hour
(50-minute period) in length.
(3)
The program is conducted by a qualified instructor, discussion leader, or
lecturer. A qualified instructor, discussion leader, or lecturer is anyone
whose background, training, education or experience makes it appropriate for
that person to lead a discussion on the subject matter of the particular
program.
(4) A record of attendance
is maintained.
b. The
following programs are deemed to qualify provided all other requirements of
this rule are met:
(1) Professional
development programs of recognized national and state private investigation
organizations.
(2) Technical
sessions at meetings of recognized national private investigation organizations
and their chapters.
(3) University
or college courses.
1. Each semester hour
credit shall equal 10 hours toward the requirement.
2. Each quarter hour credit shall equal 6
hours toward the requirement.
3.
Each classroom hour of noncredit courses will equal 1 qualifying
hour.
(4) Formal
organized in-firm and interfirm educational programs.
(5) Programs in other recognized
organizations (accounting, industrial, legal and others).
(6) Other organized educational programs on
technical and other related subjects.
c. The following general subject matters are
acceptable as long as they contribute to the professional competence of the
individual investigator.
(1) Accounting and
auditing.
(2) Management.
(3) Computer science.
(4) Communications arts.
(5) Law.
(6) Functional fields of the business,
including but not limited to the following:
1.
Accident investigation.
2.
Background investigation.
3.
Business taxes.
4. Criminal
investigation.
5. Court
testimony.
6. Employee
theft.
7. Process
service.
8. Personnel
law.
9. Product liability.
10. Public records
availability/access.
11. Report
writing.
12. Substance abuse in the
workplace.
13. Surveillance
techniques.
14. Wage and hour
law.
15. Workers' compensation law.
Areas other than those listed above may be acceptable if the
licensee can demonstrate that they contribute to the licensee's professional
competence. The responsibility for substantiating that a particular program is
acceptable and meets the requirements rests solely upon the licensee.
d. Formal
correspondence and formal individual study programs contributing directly to
the professional competence of an individual which require registration and
provide evidence of satisfactory completion will be considered for credit. The
amount of credit to be allowed for correspondence and formal individual study
programs is to be recommended by the program sponsor and shall not exceed 50
percent of the continuing education requirement.
e. Practical training, also known as field
training or on-the-job training, qualifies if it meets the criteria of
paragraphs"a " through"c " of this subrule,
is accompanied by classroom training in the same topic area, and counts for no
more time than the classroom training.
f. The right is specifically reserved to the
commissioner to approve or disapprove credit for continuing education claimed
under these rules.
(5)
Controls and reporting.
a.
Applicants for license renewal must provide a signed statement, on forms
provided by the department, setting forth the continuing education in which the
licensee and the licensee's employees have participated in such manner and at
such times as prescribed by the commissioner. This information may include:
(1) School, firm or organization conducting
the course.
(2) Location of
course.
(3) Title of course and
description of content.
(4)
Principal instructor.
(5) Dates
attended.
(6) Hours
claimed.
b. The
commissioner may require sponsors of courses to furnish attendance lists or any
other information the commissioner deems essential for administration of these
continuing education rules.
c. The
commissioner will verify on a test basis information submitted by licensees. If
an application for license renewal is not approved, the applicant will be so
notified and may be granted a period of time by the commissioner in which to
correct the deficiencies noted.
d.
Primary responsibility for documenting the requirements rests with the licensee
and evidence to support fulfillment of those requirements must be retained for
a period of three years subsequent to submission of the report claiming the
credit. Satisfaction of the requirements, including retention of attendance
records and written course outlines, may be accomplished as follows:
(1) For courses taken for scholastic credit
in accredited universities and colleges or high school districts, evidence of
satisfactory completion of the course will be sufficient. For noncredit courses
taken, a statement of the hours of attendance, signed by the instructor, must
be obtained by the permit holder.
(2) For correspondence and formal independent
study courses, written evidence of completion must be obtained by the
licensee.
(3) In all other
instances, the licensee must maintain a record of the information listed in
subrule 121.22(4) and a copy of the course outline prepared by the course
sponsor.
(6)
Compliance.
a.
Renewals. If a licensee fails to comply with continuing education
requirements prior to the expiration of the license, the department may grant a
temporary 30-day license. If the licensee does not complete the continuing
education requirements within the 30-day period, the license renewal shall be
denied. If the former licensee then wishes to continue the private
investigation business, all of the requirements for an initial application must
be met. This includes continuing education requirements if the new application
is submitted within two years of the date on which the last license became
invalid.
b.
New
applications for previously licensed persons. If an applicant for a
private investigative agency license has been licensed in Iowa within the past
two years, continuing education requirements must be met. Failure to comply
shall result in the denial of the license until such time as the requirements
are met.
c.
Employees. If any employee of a licensee fails to comply with
continuing education requirements, the employee's identification card shall be
revoked and the licensee shall surrender the identification card to the
department. An employee may reapply for an identification card as if it were an
initial application when continuing education requirements have been
met.