Missouri Code of State Regulations
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE
Division 2234 - Board of Private Investigator and Private Fire Investigator Examiners
Chapter 7 - Code of Conduct
Section 20 CSR 2234-7.010 - Code of Conduct
Universal Citation: 20 MO Code of State Regs 2234-7.010
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule establishes the code of conduct for private investigators and private fire investigators.
(1) Responsibilities to the Profession.
(A) Cooperation with the board.
1. Private investigators and private fire
investigators shall timely and truthfully answer all inquires from the board or
its staff.
2. A timely response is
made without undue delay and in accord with reasonable business practices.
A. A phone call is timely if returned before
the end of the tenth day.
B. A
response to written correspondence is timely if the response arrives at the
board's office by the close of business the tenth day after the date of the
correspondence.
3. An
initial response to a complaint is timely if received in the board's office
before the close of business on the thirtieth day after it is sent to the
private investigator, private fire investigator, private investigator agency,
and/or private fire investigator agency.
4. A response is not timely if any material
matter known, or which would have been known upon reasonable inquiry, is
omitted from the response.
5. A
response is truthful if all of the information provided in the response is
accurate.
A. A response based on information
and belief, made after reasonable inquiry, is truthful.
6. A response setting forth a proper
objection to answering the inquiry shall be deemed timely and truthful so long
as-
A. There is a reasonable, lawful basis
for the objection stated in the response;
B. The response is otherwise timely;
and
C. Information not the subject
of the objection is included in the response.
(B) Protection of the Profession.
1. Private investigators and private fire
investigators who are aware of circumstances, or who become aware of
circumstances, that would lead a reasonable person to believe another private
investigator or private fire investigator has or is violating the profession's
code of conduct, shall promptly inform the board of the circumstances.
A. Private investigators and private fire
investigators may consult with the other private investigators and private fire
investigators regarding the circumstances, and if reasonably satisfied that no
violation has occurred, choose not to notify the board.
B. Private investigators and private fire
investigators need not investigate the conduct of the other private
investigators or private fire investigators in such circumstances. Reporting
the conduct to the board discharges the private investigator's or private fire
investigator's duty under this section.
C. An anonymous complaint to the board does
not comply with the provisions of this section.
D. No action will be taken by the board
against a private investigator or private fire investigator who has made a
report pursuant to the provisions of this section unless malice is shown to be
the motive for an untruthful report.
(C) Aiding Unlicensed Practice.
1. Private investigators and private fire
investigators shall neither permit nor suffer any person with whom they are
associated to practice the profession without being properly
licensed.
2. Private investigators
and private fire investigators shall promptly report to the board any person
who appears to be unlawfully practicing the profession without a license.
A. Private investigators and private fire
investigators may consult with the person who appears to be unlawfully
practicing the profession without a license regarding the circumstances, and if
reasonably satisfied that no violation has occurred, choose not to notify the
board.
B. Private investigators and
private fire investigators need not investigate the conduct of the person who
appears to be unlawfully practicing the profession without a license in such
circumstances. Reporting the conduct to the board discharges the private
investigator's or private fire investigator's duty under this
section.
C. An anonymous complaint
to the board does not comply with the provisions of this section.
D. No action will be taken by the board
against a private investigator or private fire investigator who has made a
report pursuant to the provisions of this section unless malice is shown to be
the motive for an untruthful report.
(D) Responsibility for Subordinates.
1. Private investigators and private fire
investigators are responsible for supervising their subordinates, including
unlicensed individuals in their employ or with whom they have contracted for
services.
2. The private
investigator-in-charge or private fire investigator-in-charge of an agency is
responsible for supervising subordinates, including unlicensed individuals in
the employ of the agency or with whom the agency has contracted for
services.
(E) Posting
Licenses.
1. Private investigators and
private fire investigators shall post their license in a place clearly visible
at every office from which they regularly do business.
(2) Responsibilities to the Public.
(A) Honesty and Best Efforts.
1. Private investigators and private fire
investigators shall, to the extent of their abilities, diligently and honestly
perform the work for which they have been retained.
2. Private investigators and private fire
investigators shall not make any material false statement to a
client.
3. Private investigators
and private fire investigators shall not withhold material information from a
client.
4. Private investigators
and private fire investigators shall do business only under the name with which
they are licensed by the board.
A. Private
investigators and private fire investigators may use pseudonyms when
professionally appropriate; however, any such pseudonym shall be registered
with the board prior to use.
B.
Private investigators and private fire investigators shall not use a fictitious
business name unless it has been registered with the secretary of state
pursuant to Chapter 417, RSMo, and a copy of the registration has been
delivered to the board.
(B) Business Records.
1. Private investigators and private fire
investigators shall maintain complete and accurate records of the professional
services that they render unless prohibited by written contract, court order,
or state or federal statute. A copy of the aforementioned document shall be
placed in the file in the place of the original documents. Section
324.1136,
RSMo, requires that private investigators and private fire investigators
maintain records for seven (7) years. The board will deem records containing
the following information satisfactory, unless such records are plainly
insufficient in the circumstances:
A. Any
final report prepared by the private investigator or private fire
investigator;
B. Field notes,
interim reports, correspondence, or other records prepared during an
assignment;
C. Any video or audio
recordings made during the course of an assignment;
D. Correspondence to and from the client,
including billing records;
E.
Accounting records related to an assignment, including vouchers or receipts for
expenses billed to the client; and
F. Copy shall be maintained in lieu of such
documents as prescribed in paragraph
20 CSR 2234-7.010(2)(B)
1.
2. Records shall be preserved in such a way
that they are reasonably safe from intentional or accidental destruction and
degradation.
3. Records of a
particular matter need not be stored in a single form or at a single place. All
of the components of a record of a particular matter shall be readily
accessible, however, for the seven- (7-) year period.
A. "Readily accessible" means in a form such
that they can be produced within ten (10) days of demand, under ordinary
business conditions.
4.
Records may be retained for more than seven (7) years, pursuant to agreement
with a client or at the private investigator's or private fire investigator's
pleasure.
5. Private investigators
and private fire investigators who destroy records shall ensure that it is
impossible to reconstruct such records.
(C) Financial Integrity.
1. Private investigators and private fire
investigators shall maintain truthful records of the financial affairs of their
business.
2. Private investigators
and private fire investigators shall not accept anything of pecuniary value,
tangible or intangible, without offering a written receipt containing the
following information to the person offering the valuable thing:
A. The private investigator's or private fire
investigator's name, license number, and address of record; and
B. A reasonable description of the thing of
pecuniary value.
3.
Private investigators and private fire investigators shall safeguard property
of value that comes into their possession, regardless of whether it belongs to
a client or a third person.
A. Private
investigators and private fire investigators shall give written notification to
any person whose valuable property has come into their possession, whose name
and address are known or reasonably discoverable;
(I) Such notice may be postponed for sound
investigative reasons; however, such reasons shall be memorialized in the
records of the matter.
B. A private investigator or private fire
investigator shall turn over the valuable property of another person to the
person upon demand, unless there is legal justification to withhold the
property.
(I) A private investigator or
private fire investigator who lawfully withholds property pending payment of a
debt or the reasonable costs of obtaining and protecting the property shall not
be deemed to have violated this section.
(II) A private investigator or private fire
investigator may withhold valuable property if there is reasonable doubt as to
the owner or who is entitled to possession.
(III) A private investigator and private fire
investigator may withhold valuable property for which the owner or person
entitled to possession is not willing to provide a written receipt.
C. A private investigator or
private fire investigator shall strictly abide by the unclaimed property law of
Missouri, or other state that has jurisdiction over the property.
(D) Insurance.
1. Private investigators and private fire
investigators shall maintain insurance of the same type and quantity required
to obtain a license in full force and effect during the license
period.
2. Private investigators
and private fire investigators may, at their will and pleasure, change
insurance providers; however, they shall not have a gap in coverage.
3. Private investigators and private fire
investigators who were not required to have workers' compensation insurance at
the time that they were licensed shall obtain such insurance if they
subsequently become subject to the workers' compensation law, and maintain such
insurance in full force and effect during the license period.
(E) Compliance with the Law.
1. Private investigators and private fire
investigators shall obey all criminal laws- federal, state, and local.
A. "Criminal laws" include the penal
ordinances and regulations of political subdivisions of a state or the agencies
of the federal government.
2. Private investigators and private fire
investigators shall conform their conduct to the expectations of an ordered
society:
A. Private investigators and private
fire investigators shall not commit intentional torts.
B. Private investigators and private fire
investigators shall not cause injury to others through negligence or reckless
behavior.
3. The burden
of proving justification or excuse for any violation of this section shall be
upon the private investigators or private fire investigators.
*Original authority: 324.1138, RSMo 2007, amended 2011 .
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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