North Dakota Administrative Code
Title 93 - Private Investigative and Security Board
Article 93-02 - Private Investigative And Security Services
Chapter 93-02-01.1 - Private Investigative Services
Section 93-02-01.1-07 - Prohibitions

Universal Citation: ND Admin Code ยง 93-02-01.1-07

Current through Supplement No. 394, October, 2024

1. An individual, while providing private investigative services, may not:

a. Wear, carry, use, display, or possess any identification, badge, uniform, patch, insignia, sign, decal, or other form of identification;

b. Make or utter any statement; or

c. Use, control, possess, or own any motor vehicle of any kind which is marked or identified by any sign, insignia, decal, equipment, device, or contrivance; which could or might reasonably lead the general public to believe or assume that the individual has any police-type powers or that the individual or vehicle is associated in any way with a governmental law enforcement agency or other governmental agency. Examples of prohibited conduct include use of the word "police", the great seal of the state of North Dakota, or the seal of any political subdivision; or use of any type of common or customary military rank.

2. An individual licensed or registered by the board under this chapter, including the holder of an agency license, may not be employed full time or part time in any capacity wherein such individual has any police-type powers or access to any official law enforcement records.

3. An individual licensed or registered by the board under this chapter may not solicit or accept any commission or deputization that in any way involves the authority to use or employ, or the use or employment of, any police-type powers, except that of a special deputy sheriff or special police officer, and then, only in the case of an emergency or disaster and only for the immediate time of the emergency or disaster.

4. As used in this section, positions with police-type powers do not include official volunteer civil defense positions or membership in the national guard, reserve, or regular armed forces ofthe United States, but include positions or membership in the military police, security police, or similar police functions of the regular armed forces of the United States.

5. Expert witnesses, including law enforcement officials, are exempt from being licensed or registered to provide private investigative services when used to review or research information that has been gathered or a field review ofthe scene is conducted, so long as there is not personal contact, such as interviewing witnesses, suspects, or victims or the use of confidential law enforcement information or records.

General Authority: NDCC 43-30-04

Law Implemented: NDCC 12.1-13-04

Disclaimer: These regulations may not be the most recent version. North Dakota 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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