Current through Register Vol. 63, No. 9, September 1, 2024
(1) All applicants for licensure must meet
all minimum standards for licensure as described in OAR 259-061-0040.
(2) Applications for new licensure
as an investigator must include:
(a) A
completed Form PI-1 (Application for Licensure);
(b) Fingerprints submitted to the Department
on a standard applicant fingerprint card or through a Department approved
vendor of electronic fingerprint capture services. The Department will supply
pre-printed FBI fingerprint cards. If a fingerprint card is rejected twice by
the Federal Bureau of Investigation (FBI), the applicant may be charged a fee
for a third submittal of a fingerprint card.
(c) Proof of a corporate surety bond, an
irrevocable letter of credit issued by an Oregon commercial bank as defined in
ORS 706.008, or errors and omission
insurance in the amount of at least $5,000;
(A) Bonds and letters of credit must have the
applicant's name listed as the principal.
(B) Proof of surety bonds must be submitted
on a Department-approved form and will not be valid for the purposes of
licensure unless filed with the Department within 60 days of the signature on
the bond.
(C) An irrevocable
letter of credit submitted to the Department is subject to approval by the
Department prior to the issuance of a license.
(D) Errors and Omission insurance must have
the applicant's name listed on the Certificate of Liability or include a letter
from the employing agency or insurance company confirming the applicant is
covered as an employee.
(d) Two identical, passport-quality
photographs for identification;
(A)
Photographs must be in color with a solid-colored background and must be a
cropped head shot. The applicant's face must be clearly visible and free from
shadows or other obstacles. Photocopies will not be accepted.
(B) The applicant's head in the photograph
must be no be more than 1" wide and 1.25" high.
(C) Photographs must have been taken not more
than six months prior to filing of the application for licensure.
(D) Photographs may be submitted to the
Department digitally in the format prescribed on the Form PI-1.
(e) A completed Form PI-27
(Investigator Professional Code of Ethics) affirming moral fitness and
professional standards; and
(f)
Three professional letters of reference, none of which may be from a person who
is related to the applicant by blood or marriage.
(g) Proof of a passing score on the Private
Investigator Proficiency Exam administered by the Department.
(h) Non-refundable application fees as
prescribed by OAR 259-061-0010.
(3) Applications for renewing licensure as an
investigator must include:
(a) A Form PI-21
(Investigator Renewal Application) completed in its entirety;
(b) A completed Form PI-6 (Continuing
Education Summary.)
(c) Two
identical, passport-quality photographs for identification in accordance with
subsection (2)(d) of this rule.
(d) A completed Form PI-27 (Investigator
Professional Code of Ethics) affirming moral fitness and professional
standards; and
(e) Proof of a
corporate surety bond, an irrevocable letter of credit issued by an Oregon
commercial bank as defined in ORS
706.008, or errors and omission
insurance in the amount of at least $5,000 in accordance with this rule; and
(f) Non-refundable renewal
application fees as prescribed by OAR 259-061-0010.
(4) Timelines.
(a) A completed application packet must be
mailed to the Department and postmarked prior to the applicant performing any
investigatory work.
(b) Renewal
application documents must be received by the Department within 90 days prior
to the expiration date of the licensure to allow for processing of the forms
and criminal history check.
(c) A
late submission fee will be assessed as prescribed by OAR 259-061-0010 if
reapplying after the license expiration date of the licensure.
(d) Applicants renewing their licensure more
than 30 days after the expiration date of the original license must submit the
following:
(A) A new application packet in
accordance with subsection (2) of this rule; and
(B) A Form PI-6.
(5) Applicants for licensure who
were previously licensed in Oregon must provide proof of completion of
continuing education requirements or a written explanation detailing why
continuing education requirements were not met and a written plan detailing how
the continuing education will be made up, including a time line. The
Department, at its discretion, may accept the plan in place of completed
continuing education.
(6)
Submission of any false information in connection with an application,
supporting documentation or attachments for a license or registration may be
grounds for discipline, criminal penalty, or civil penalty.
(7) The Department may administratively
terminate the application process, upon written notification to the applicant,
for any of the following reasons:
(a) The
Department has reason to believe that the applicant has committed an act that
constitutes ground for denial of a license as described in OAR 259-061-0040.
The termination of an application due to criminal conviction disqualification
is subject to the contested case procedures set forth in 259-061-0300;
(b) The application or any
required documentation is incomplete or the Department is unable to
satisfactorily verify application information due to non-response or
non-compliance of the application;
(c) The fingerprint cards of an applicant
have been rejected and returned by the Oregon State Police or Federal Bureau of
Investigation;
(8) The
Department may administratively terminate the application process after
exhausting the following efforts:
(a) A
letter will be mailed by the Department to the applicant at the last known
mailing address identifying the deficiencies in the application process. The
applicant will have 21 calendar days from the date of the mailing to notify the
Department that the deficiencies are corrected. The Department may extend the
time for compliance upon good cause shown by the applicant.
(b) If the Department is unable to determine
a current address for the application, or if the applicant does not respond and
correct the deficiencies within 21 calendar days, or such additional time
authorized by the Department, the Department will list the applicant's status
as "administratively terminated." The Department will notify the applicant at
the last known address that the Department has administratively terminated the
application process.
(c) Once the
application process has been administratively terminated, the applicant must
reapply by submitting a new completed application packet with all deficiencies
corrected, including new fees and proof of valid training.
(9) Any exception to the
application process found in this rule must be approved by the
Department.
Stat. Auth.: ORS
703.480
Stats. Implemented: ORS
703.401,
703.405,
703.415,
703.425,
703.430,
703.435,
703.445,
703.447,
703.450,
703.460,
703.465,
703.470,
703.473,
703.480,
703.993 &
703.995