Chapter 4501:7-1 Licenses

4501:7-1-01 Definitions.

[Comment: Information regarding the availability and effective date of the materials incorporated by reference in Chapter 4501:7-1 of the Administrative Code can be found in paragraph (H) of this rule.]

(A) "Military" means any of the armed forces of the United States, a reserve component of the armed forces of the United States, the Ohio national guard or the national guard of any other state, the Ohio military reserve, and the Ohio naval militia.

(B) "Identification card" or "I.D. card" means a card issued by the department to an employee of, or a qualifying agent of, a class A, class B, or class C licensee which contains the personal and employer information set forth in sections 4749.03 and 4749.06 of the Revised Code. An identification card shall, when applicable, contain one or more firearm bearer notations as specified in division (A)(3) of section 4749.10 of the Revised Code.

(C) "Investigator" has the same meaning as "private investigator," set forth in division (A) of section 4749.01 of the Revised Code.

(D) "Provider" means any person who engages in the business of private investigation, the business of security services, or both, and has the same meaning as "licensee."

(E) "Qualifying Agent" is the owner, officer or a hired person of the company that fulfills the experience requirements as stated in Chapter 4749. of the Revised Code.

(F) "Veteran" means anyone who is serving or has served under honorable conditions in any component of the armed forces, including the national guard and reserve.

(G) "Working hours" means any hours in an active pay status.

(H) Incorporated materials:

(1) "Employee Registration Application," form "PSU 0015," dated May 2014, may be obtained at http://www.pisgs.ohio.gov/pisgs.stm;

(2) "Employee Registration Renewal," form "PSU 0017," dated May 2014, may be obtained at http://www.pisgs.ohio.gov/pisgs.stm;

(3) "Employee Termination Report," form "PSU 0013," dated April 2014, may be obtained at http://www.pisgs.ohio.gov/pisgs.stm;

(4) "Firearm Bearer Notation Application," form "PSU 0016," dated April 2014, may be obtained at http://www.pisgs.ohio.gov/pisgs.stm;

(5) "Multiple Change Application," form "PSU 0011," dated April 2014, may be obtained at http://www.pisgs.ohio.gov/pisgs.stm;

(6) "Provider Application," form "PSU 0006," dated May 2014, may be obtained athttp://www.pisgs.ohio.gov/pisgs.stm;

(7) "Provider Branch Office Application," form "PSU 0010," dated April 2014, may be obtained at http://www.pisgs.ohio.gov/pisgs.stm;

(8) "Provider License Renewal," form "PSU 0012," dated August 2014, may be obtained at http://www.pisgs.ohio.gov/pisgs.stm;

(9) "Qualifying Agent Application," form "PSU 0007," dated May 2014, may be obtained at http://www.pisgs.ohio.gov/pisgs.stm;

(10) "Qualifying Agent Renewal," form "PSU 0053," dated May 2014, may be obtained at http://www.pisgs.ohio.gov/pisgs.stm;

(11) "Quarterly Report," form "PSU 0014," dated April 2014, may be obtained athttp://www.pisgs.ohio.gov/pisgs.stm;

(12) "WebCheck Instructions," form "PSU 0019," dated October 2, 2013, may be obtained at http://www.pisgs.ohio.gov/pisgs.stm.

Replaces: 4501:5-1-18

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.01, 4749.03, 4749.06, 4749.10
Prior Effective Dates: 08/10/89

4501:7-1-02 Reputation for integrity.

When determining whether an applicant for licensure has a good reputation for integrity pursuant to division (A)(1)(a) of section 4749.03 of the Revised Code, the department of public safety may consider:

(A) If the applicant has been convicted of, or plead guilty to, a misdemeanor within one year of the date of application;

(B) If the applicant has been convicted of, or plead guilty to, a felony within three years of the date of application;

(C) If the applicant has ever operated a business of private investigation, business of security services, or both without being licensed under Chapter 4749. of the Revised Code;

(D) If the applicant has ever operated a business of private investigation, business of security services or both without general liability insurance coverage while licensed under Chapter 4749. of the Revised Code; or

(E) If the applicant has ever violated any provision of Chapter 4749. of the Revised Code or the rules promulgated thereunder or any order of the department.

Replaces: 4501:5-1-02

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.03
Prior Effective Dates: 8/10/89, 10/07/04

4501:7-1-03 Requirement of new license.

(A) A new license is required where there is:

(1) A change in the form of business organization; or

(2) A change to the legal name of the licensee as registered with the Ohio secretary of state; or

(3) A change in the class of a license; or

(4) Failure to renew a current license by the licensee by the first day of March each year.

(B) The department of public safety shall be notified in writing within ten days of any change in the controlling interest of a corporation, any change in officers of a corporation, any change of partners of a partnership, any increase or decrease in the number of partners of a partnership or any change in the legal name of the licensee.

Replaces: 4501:5-1-03

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.03
Prior Effective Dates: 1/1/70, 7/7/78, 8/10/89, 10/7/04

4501:7-1-04 License applications.

[Comment: Information regarding the availability and effective date of the materials incorporated by reference in this rule can be found in paragraph (H) of rule 4501:7-1-01 of the Administrative Code.]

(A) As used in this chapter, "provider" and "licensee" have the same meaning as, and refer to, the holder of a class A, class B, or class C license issued in accordance with this chapter and Chapter 4749. of the Revised Code.

(B) Each applicant for a class A, class B, or class C license shall submit a "Provider Application" to the director of the department of public safety (department) accompanied by the license fee provided for in section 4749.03 of the Revised Code. A "Branch Office Application" shall be submitted for each additional business location accompanied by the branch license fee provided for in section 4749.05 of the Revised Code. The license fee may be paid by check or money order payable to Ohio treasurer of state, or if submitted on-line, may be paid by credit card.

(C) Each "Provider Application" must be accompanied by a "Qualifying Agent Application" and the qualifying agent (QA) examination fee provided for in division (A)(1)(e) of section 4749.03 of the Revised Code. The examination fee may be paid by certified check or money order payable to Ohio treasurer of state, or if submitted on-line, may be paid by credit card. A passport style photograph that measures two by two inches, taken within one year of submission, and bearing a reasonable likeness to the applicant must be submitted with the "Qualifying Agent Application."

(1) The fingerprint impressions submitted under division (C)(1) of section 4749.03 of the Revised Code shall not have been obtained more than thirty days prior to the filing of the application for a license, as outlined on "WebCheck Instructions."

(2) If a qualifying agent intends to carry a firearm in the course of business or employment, the QA shall submit a "Firearm Bearer Notation Application" accompanied by the fee provided for in section 4749.10 of the Revised Code to the department and notify the bureau of criminal investigation (BCI) at the time of fingerprinting. BCI shall make a request to the federal bureau of investigation (FBI) about the applicant and review the information in the manner set forth in division (B)(2) of section 109.572 of the Revised Code. The information provided by the FBI shall be submitted to the director of the department of public safety by direct copy.

(3) If the results of the criminal records check described in division (C)(1) of section 4749.03 of the Revised Code indicate that the applicant may have a criminal record in one or more jurisdictions or in one or more states other than Ohio, the director may make further inquiries and request further information from the applicant in order to complete the investigation of the applicant.

(D) The "Provider Application" and "Qualifying Agent Application" shall include a question that easily identifies the applicant for licensure and applicant for QA as a veteran or as the spouse of a veteran. Applicants currently serving in the military must provide a copy of their military identification card or that of their spouse, or a veteran must provide a copy of their DD214 or that of their spouse along with the application, which will allow the department to verify the identification of the applicant as a veteran or spouse of a veteran. Processing of applications for veterans or their spouses shall, to the extent possible, be expedited and prioritized

(E) When all requirements for application are met, the application for a license shall be approved, and a wall license will be issued along with the approved QA registration card.

Replaces: 4501:5-1-04

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.03
Prior Effective Dates: 1/1/70, 8/10/89, 11/16/01, 10/7/04

4501:7-1-05 Insurance.

(A) All applicants for licensure shall submit evidence of comprehensive general liability insurance coverage, or equivalent guarantee approved by the director. Coverage shall be verified by the insurer and certified as to the minimum amounts specified in section 4749.03 of the Revised Code.

Each insurance acord (policy) must list the "Department of Public Safety Private Investigator Security Guard Services" (department) as the certificate holder, and contain a provision requiring the insurer to notify the department no later than ten days prior to the policy's cancellation and not later than seven days after its lapse.

(B) All license holders must maintain the comprehensive general liability insurance coverage verified by the insurer and certified as to the minimum coverage thereunder.

Replaces: 4501:5-1-05

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.03
Prior Effective Dates: 1/1/70, 8/10/89, 10/7/04

4501:7-1-06 Required experience.

(A) As set forth in section 4749.03 of the Revised Code, "two years experience" shall be defined as a minimum of four thousand working hours over the twenty-four month period immediately preceding the date an application for licensure is received by the department of public safety (department).

(B) Except as provided in paragraphs (C) and (D) of this rule, an applicant for a class B license shall have at least four thousand working hours of experience in investigatory work, an applicant for a class C license shall have at least four thousand working hours of experience in security services work, and an applicant for a class A license shall have at least four thousand working hours of experience consisting of at least one thousand working hours of experience in investigatory work and at least one thousand working hours of experience in security services work, and the remaining hours of working experience in either investigatory or security service work, or both.

(C) Equivalent experience such as, but not limited to, specialized education in criminal justice or law enforcement, or honorable service in the military police or similar military security position in any of the branches of the armed forces of the United States, or significant experience as a law enforcement officer, as defined in division (A)(11) of section 2901.01 of the Revised Code, or as a peace officer as defined in division (B) of section 2935.01 of the Revised Code obtained within the last ten years prior to the date of application, may be deemed by the director of public safety to be sufficient to satisfy the experience requirement.

(D) If specialized education as defined in paragraph (C) of this rule is submitted as equivalent experience, an applicant for a class A license shall also have at least one thousand working hours of experience in investigatory work and at least one thousand working hours in security services work, an applicant for a class B license shall have at least two thousand working hours of experience in investigatory work, and an applicant for a class C license shall have at least two thousand working hours of experience in security services work.

(E) Equivalent experience such as, but not limited to, management in the business of private investigation, management in the business of security services, or both, may be deemed by the director of public safety to be sufficient to satisfy the experience requirement as defined in paragraph (A) of this rule.

Replaces: 4501:5-1-06

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.03
Prior Effective Dates: 1/1/70, 8/10/89, 12/15/98, 11/16/01, 10/7/04

4501:7-1-07 Examinations.

(A) Under division (C)(3) of section 4749.03 of the Revised Code, the qualifying agent will be notified by e-mail of available exam dates once licensing requirements are met. All exams are held in Columbus, Ohio at 1952 west Broad street. If the qualifying agent fails to appear for an examination, except as provided herein, the application may be denied and a new application together with a new fee shall be required.

(B) If the applicant's failure to appear for the scheduled examination is due to illness, the applicant shall be admitted to the next scheduled examination. No applicant shall be excused from taking the scheduled examination for any other reason than illness, unless in the department's judgment, the applicant would suffer undue hardship thereby. Examination fees are non-refundable.

(C) Upon appearing for the examination, the identity of the applicant shall be verified by producing for inspection a driver's license or other photographic identification acceptable to the department of public safety (department).

(D) The examination devised by the department shall test the applicant on knowledge of Chapter 4749. of the Revised Code, the rules promulgated thereunder, and other aspects of the private investigation and/or security services business.

(E) An applicant will be given up to ninety days and no more than three attempts following the notification of eligibility to pass the examination or the application shall be denied and a new application together with a new fee shall be required.

(F) The department may waive examination and experience verification requirements for a new licensee, partner in a partnership, or a qualifying agent if the applicant previously qualified a business for licensure within six months of the date of application.

Replaces: 4501:5-1-07

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.03
Prior Effective Dates: 1/1/70, 8/10/89, 10/7/04

4501:7-1-08 License.

[Comment: Information regarding the availability and effective date of the materials incorporated by reference in this rule can be found in paragraph (H) of rule 4501:7-1-01 of the Administrative Code.]

(A) The license required to be obtained by each licensee under the provisions of section 4749.03 of the Revised Code shall at all times be posted in a conspicuous place in the principal place of business of the licensee.

(1) Licensees shall, within ten days, notify the department of public safety (department) in writing using the "Multiple Change Application" of any change of address of such principal place of business, or of any change of the business name or trade name designation under which the business is conducted or contact information. A licensee shall not have a name so similar to that of another licensee as to be confusing or likely to mislead the public. A business name or trade name designation can be used by no more than one licensee, except that licensees operating under valid franchise agreements with a lawfully registered franchisor may operate under the same name.

(2) In the event of suspension, revocation or nonrenewal of the license issued under the provisions of section 4749.04 of the Revised Code, or if the business of the licensee under such license is discontinued for any other reason, the licensee shall immediately return the license and the qualifying agent's (QA) identification card to the department. If a licensee fails to return the license or QA identification card, the department may consider such failure as grounds for denial if the licensee later applies for a new license. The department may notify the local law enforcement authorities in whose jurisdiction the former licensee operated of the termination of licensure.

(B) Each licensee who maintains one or more branch offices shall obtain a branch office license pursuant to the provisions of division (A) of section 4749.05 of the Revised Code for each of such branch offices by submitting a "Provider Branch Office Application" accompained by the fee provided for in section 4749.05 of the Revised Code. The fee may be paid by certified check or money order payable to Ohio treasurer of state, or if submitted on-line, may be paid by credit card.

(1) Licensees shall, within 48 hours, notify the department in writing using the "Multiple Change Application" of any change of address at such branch office.

(2) In the event of suspension, revocation or nonrenewal of the license under which the licensee is authorized to conduct the business of private investigation or security services, or if such business is discontinued for any other reason, the licensee shall immediately return all branch office licenses to the department.

(C) All licenses shall expire annually on the first day of March following the date of issuance under the provisions of section 4749.03 of the Revised Code.

(1) On the second day of January of each year, the department will notify the licensee by e-mail that the license will expire on March first, and must be renewed after January second and by midnight of March first if the company wants to remain in business.

(2) Each class A, class B, or class C licensee shall submit a "Provider License Renewal" and "Qualifying Agent Renewal" accompained by the renewal fee provided for in section 4749.03 of the Revised Code or may renew on-line at http://pisgs.ohio.gov/pisgs.stm. The fee may be paid by certified check or money order payable to Ohio treasurer of state, or if submitted on-line, may be paid by credit card. A passport style photograph that measures two by two inches, taken within one year of submission, and bearing a reasonable likeness to the qualifying agent (QA) must be submitted with the "Qualifying Agent Renewal." The QA must continue to meet the qualifications set forth in section 4749.03 of the Revised Code.

(a) The firearm bearer (FAB) notation expires annually on expiration date of the identification card.

(b) A qualifying agent with a FAB notation, must submit a "Firearm Bearer Notation Application" accompanied by the fee provided for in section 4749.10 of the Revised Code.

(D) Pursuant to sections 4749.03 and 5903.10 of the Revised Code, the holder of an expired license, who was a member of the uniformed services, or the spouse of a member of the uniformed services, shall be granted a renewal of the license at the usual cost and without penalty if either of the following applies:

(1) The license was not renewed because the holder was in active service in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state.

(2) The license was not renewed because the holder's spouse was in active service in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state, and the service resulted in the holder's absence from this state.

A renewal shall not be granted unless the holder or the spouse of the holder, whichever is applicable, has presented satisfactory evidence of the service member's discharge under honorable conditions or release under honorable conditions from active duty or national guard duty within six months after the release or discharge.

Replaces: 4501:5-1-08

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.03 and 4749.05
Prior Effective Dates: 7/18/76, 7/7/78, 8/10/89, 11/16/01, 10/7/04

4501:7-1-09 Registration of employees.

[Comment: Information regarding the availability and effective date of the materials incorporated by reference in this rule can be found in paragraph (H) of rule 4501:7-1-01 of the Administrative Code.]

(A) Each licensee shall register his investigator and security guard employees with the department of public safety (department).

(B) Each licensee shall submit an "Employee Registration Application" to register a new investigator or security guard employee with the department accompanied by the registration fee provided for in section 4749.06 of the Revised Code. The registration fee may be paid by check or money order payable to Ohio treasurer of state, or if submitted on-line, may be paid by credit card. A passport style photograph that measures two by two inches, taken within one year of submission, and bearing a reasonable likeness to the applicant must be submitted with the "Employee Registration Application." The application must be submitted no later than seven calendar days after the employee's name is posted on the licensee's payroll records. The licensee must post any employee's name on the licensee's payroll records before that employee works any assignment for the licensee.

(1) The licensee must submit verification of the employee's name, date of birth, and social security number.

(2) The fingerprint impressions submitted under division (B)(2) of section 4749.06 of the Revised Code shall not have been obtained more than thirty days prior to the filing of the employee's application for registration, as outlined on "WebCheck Instructions."

(a) If an employee intends to carry a firearm in the course of business or employment, the employee shall submit a "Firearm Bearer Notation Application" accompanied by the fee provided for in section 4749.10 of the Revised Code to the department and notify the bureau of criminal investigation (BCI) at the time of fingerprinting. BCI shall make a request to the federal bureau of investigation (FBI) about the employee and review the information in the manner set forth in division (B)(2) of section 109.572 of the Revised Code. The information provided by the FBI shall be submitted to the director of the department of public safety by direct copy.

(b) If the results of the criminal records check described in division (B)(2)(a) of section 4749.06 of the Revised Code indicate that the employee applying for registration may have a criminal record in one or more jurisdictions or in one or more states other than Ohio, the director may make further inquiries and request further information from the applicant in order to complete the investigation of the applicant.

(C) "Employee Registration Application" shall include a question that easily identifies the employee as a veteran or as the spouse of a veteran. Applicants currently serving in the military must provide a copy of their military identification card or that of their spouse, or a veteran must provide a copy of their DD214 or that of their spouse along with the application, which will allow the department to verify the identification of the applicant as a veteran or spouse of a veteran. Once military service is verified on their application, and all other requirements are met, applicants for registration who are currently serving in the military, veterans, or their spouses, will be segregated and processed ahead of non-military affiliated applications.

(D) Within ten calendar days after the termination of a registered investigator or security guard's employment, the licensee shall submit to the department an "Employee Termination Report" with the employee's identification card for cancellation.

(E) Four times a year the licensee shall submit to the department a "Quarterly Report" with a current list of registered employees.

Replaces: 4501:5-1-09, 4501:5-10 in part

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.06
Prior Effective Dates: 1/1/70, 8/10/89, 10/7/04

4501:7-1-10 Issuance of I.D. card to registrant.

(A) It shall be the duty of every licensee licensed under the provisions of Chapter 4749 of the Revised Code to furnish each of his investigator and security guard employees with an identification card furnished by the department of public safety (department), and maintain a record thereof.

(B) The licensee shall inform all of his investigator and security guard employees on the first day of employment of all the registration and firearms training provisions of Chapter 4749. of the Revised Code as that chapter applies to such employees and shall ensure that all such employees are properly registered in accordance with sections 4749.06 and 4749.10 of the Revised Code.

(C) Each licensee that uses investigator or security guard employees who have not yet received the identification cards issued by the department, shall obtain a written waiver from each client pursuant to division (C) of section 4749.06 of the Revised Code. Under no circumstances shall an employee carry firearms while engaged in the licensee's business unless the licensee has submitted that employee's registration application and firearms certificate of qualification to the department and has received a firearm bearer notation on the identification card.

(D) Each employee shall produce his identification card upon the request of an authorized representative of the department or any law enforcement authority.

(E) All identification cards shall be considered, and remain, the property of the department. The licensee shall be responsible for the use of the identification card by his employee, and shall return the card to the department upon the termination of the employee.

Replaces: 4501:5-1-10, in part

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.06, 4749.10
Prior Effective Dates: 1/1/70, 7/7/78, 8/10/89, 10/7/04

4501:7-1-11 Records.

Each licensee shall keep a true and correct record in the English language of all of the business transactions in his offic relevant to enforcement of Chapter 4749. of the Revised Code. Such records shall be available at all reasonable hours for inspection by the department of public safety.

Replaces: 4501:5-1-11

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02, 4749.11
Rule Amplifies: R.C. 4749.11
Prior Effective Dates: 1/1/70, 7/7/78, 8/10/89, 10/7/04

4501:7-1-12 Uniforms.

(A) Registered employees of licensees are not required to wear uniforms. Any uniforms worn by such employees, except as provided in paragraph (D) of this rule, shall be readily distinguishable from the uniforms worn by law enforcement authorities. Identifying patches shall be required on all uniforms. A licensee's patch shall be distinct and shall be visible at all times. The name of the licensee's business shall be clearly displayed on the patches; initials shall be allowed with prior written approval of the department of public safety. Where blazer-type jackets are used, the identifying patch may be worn on either the left breast pocket or on the left sleeve near the shoulder seam.

(B) Registered employees of licensees are not required to wear badges. Any badges used by such employees, except as provided in paragraph (D) of this rule, shall be furnished by the licensee. All badges used shall be numbered for identification, shall include the name of the licensee's business, and shall be clearly marked at all times. The licensee shall keep an up-to-date record showing to whom each badge has been issued. Badges shall be distinct from those of the local or state law enforcement authorities.

(C) Employees of one licensee shall not wear the uniform of another licensee even if a contract or subcontract relationship exists between the two licensees.

(D) Peace officers, as defined in division (B) of section 2935.01 of the Revised Code, with the written consent of the department with which the officer is commissioned, may wear the uniform and badge of the department, within the jurisdiction to which the peace officer is commissioned.

Replaces: 4501-5-1-12

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02, 4749.08
Rule Amplifies: RC. 4749.08
Prior Effective Dates: 12/1/90, 3/18/93, 5/7/93. 9/10/96, 4/24/00, 10/7/04

4501:7-1-13 Publication and vehicle marking restrictions.

(A) No licensee may publish or cause to be published in any format, whether print or electronic, any advertisement, letterhead, circular, statement or phrase of any sort which suggests that the licensee is an official law enforcement or investigative agency or any other agency or instrumentality of the state of Ohio or any of its political subdivisions. This paragraph shall not be waived by the department of public safety.

(B) Any vehicle used by a licensee that is marked in any manner by the use of painted signs, decals, or other means shall not be of a design so similar to those of the local or state law enforcement authorities as to create confusion.

(1) No vehicle used by a licensee shall be marked with any words or phrase that can be construed as a law enforcement or governmental agency such as, but not limited to:

(a) Homeland security;

(b) Highway patrol;

(c) Bureau of investigation;

(d) Police;

(e) Private police;

(f) Sheriff;

(g) The word "patrol" used in conjunction with "Ohio"or "State";

(h) SWAT;

(i) Cop;

(j) Public safety;

(k) Peace Officer;

(l) Constable;

(m) Law enforcement;

(n) Trooper;

(o) Deputy; or

(p) Agent.

(2) The provision of paragraph (B)(1) of this rule may be waived in writing by the director of department of public safety.

Replaces: 4501:5-1-16

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02, 4749.08
Rule Amplifies: R.C. 4749.08
Prior Effective Dates: 1/1/70, 8/10/89, 10/7/04

4501:7-1-14 Advertisement identification.

(A) All advertisements and/or other promotional material shall carry the legal name or trade name designation and the address under which the licensee is licensed to do business. If a licensee chooses to adopt an abbreviated name for advertising purposes, prior written approval shall be obtained from the department of public safety.

(B) If, in its advertising, a corporate licensee identifies one or more of its divisions by name, such names shall not be considered multiple business names or trade names. A corporate licensee shall notify the department of public safety of its designation of a division by name before use of the division name in its advertising.

(C) A licensee shall not use the name of any employee or associate in the heading of any advertisement or other promotional material. If the name of an employee or associate is used in the body of an advertisement or other promotional material, the name shall be in smaller letters and less prominent type size than that used in printing the name of the licensee's business.

Replaces: 4501:5-1-17

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02, 4749.08
Rule Amplifies: R.C. 4749.08
Prior Effective Dates: 12/31/75, 8/10/89, 10/7/04

4501:7-1-15 Notice of renewals.

(A) The department of public safety (department) shall provide notice to each individual or company holding a license issued pursuant to Chapter 4749. of the Revised Code of the expiration of the registrations of its employees. The notices shall be in writing and shall be provided at a minimum of sixty days prior to the expiration of the registrations.

(B) It is the responsibility of each licensee and individual holding a registration identification card to renew licenses or registrations in accordance with Chapter 4749. of the Revised Code and rule 4501:7-1-16 of the Administrative Code even if the licensee or individual holding a registration identification card fails to receive a renewal notice from the private investigator security guard section due to a change of address, incorrect address, loss of mail by the United States postal service, or any other reason. Failure to receive or obtain a license renewal application shall not relieve the licensee or individual holding a registration identification card from compliance with the requirements of Chapter 4749. of the Revised Code and rule 4501:7-1-16 of the Administrative Code.

Replaces: 4501:5-1-19

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02, 4749.06
Rule Amplifies: R.C. 4749.06
Prior Effective Dates: 9/22/2005

4501:7-1-16 Renewal of registrations.

[Comment: Information regarding the availability and effective date of the materials incorporated by reference in this rule can be found in paragraph (H) of rule 4501:7-1-01 of the Administrative Code.]

(A) Each registration identification card issued to a private investigator or security guard employee pursuant to section 4749.06 of the Revised Code and rule 4501:7-1-10 of the Administrative Code shall include the date of issuance. Registrations expire annually on the anniversary date of initial issuance.

(B) The department of public safety shall renew a registration issued pursuant to section 4749.06 of the Revised Code if the person holding a valid identification card renews such registration in accordance with this rule on form "Employee Registration Renewal" or renews on-line at http://pisgs.ohio.gov/pisgs.stm. A passport style photograph that measures two by two inches, taken within one year of submission, and bearing a reasonable likeness to the applicant must be submitted with the "Employee Registration Renewal." The person holding a valid identification card must continue to meet the qualifications set forth in section 4749.06 of the Revised Code and continue to meet the following renewal requirements:

(1) Certifies that he/she has not been convicted of, or pled guilty to, a disqualifying offense as defined in rule 4501:7-1-19 of the Administrative Code during the previous registration year;

(2) Pays the annual renewal fee as set forth in rule 4501:7-1-17 of the Administrative Code. The fee may be paid by certified check or money order payable to Ohio treasurer of state or if submitted on-line, may be paid by credit card.

If an individual fails to meet the renewal requirements, the registration is expired without the taking of any action by the department. Registrants desiring to register again will be required to make new application to the department in accordance with section 4749.06 of the Revised Code.

(3) The holder of an expired registration issued pursuant to section 4749.06 of the Revised Code, who was a member of the uniformed services, or the spouse of a member of the uniformed services, shall be granted a renewal of the registration at the usual cost and without penalty if either of the following applies:

(a) The registration was not renewed because of the holder's active service in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state.

(b) The registration was not renewed because the holder's spouse served in active service in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state, and the service resulted in the holder's absence from this state.

Pursuant to division (B) of section 5903.10 of the Revised Code, a renewal shall not be granted under paragraph (B)(3)(a) or (B)(3)(b) of this rule unless the holder or the spouse of the holder, whichever is applicable, has presented satisfactory evidence of the service member's discharge under honorable conditions or release under honorable conditions from active duty or national guard duty within six months after the release or discharge.

(C) The firearm bearer (FAB) notation expires annually on expiration date of the identification card. A private investigator or security guard with a FAB notation, must submit a "Firearm Bearer Notation Application" accompanied by the fee provided for in section 4749.10 of the Revised Code.

Replaces: 4501:5-1-20

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02, 4749.06
Rule Amplifies: R.C. 4749.06
Prior Effective Dates: 9/22/05

4501:7-1-17 Fees.

(A) The fees for applications for examination, issuance of licenses or registration cards, replacement or duplicate licenses or registration cards, transfer of licenses, and annual renewal of licenses and registrations are as follows:

(1) Twenty-five dollars for application for examination for an individual applicant and, in the case of a corporation, each officer or qualifying agent specified in the application as satisfying the requirements of divisions (A)(1) to (F)(1) of section 4749.03 of the Revised Code pursuant to division (B)(3) of section 4749.03 of the Revised Code;

(2) Five dollars for each application to license or renew a company pursuant to section 4749.03 of the Revised Code for the fee charged by the bureau of criminal identification to enroll the applicant in the retained applicant fingerprint database pursuant to rules adopted under division (F) of section 109.5721 of the Revised Code;

(3) Three hundred seventy-five dollars for the issuance of each license pursuant to division (B)(3) of section 4749.03 of the Revised Code;

(4) One hundred dollars for the issuance of each branch license pursuant to division (A) of section 4749.05 of the Revised Code;

(5) Two hundred seventy-five dollars for the annual renewal of each license pursuant to division (D) of section 4749.03 of the Revised Code;

(6) Twenty-five dollars for a duplicate of a lost, spoliated, or destroyed license pursuant to division (E) of section 4749.03 of the Revised Code;

(7) Forty dollars for the issuance of each registration identification card pursuant to division (B) of section 4749.06 of the Revised Code;

(8) Twenty-five dollars for the annual renewal of each registration identification card pursuant to division (F) of section 4749.06 of the Revised Code;

(9) Fifteen dollars for the issuance of firearm bearer notation on the qualifying agent and employee registration identification card pursuant to division (A) of section 4749.10 of the Revised Code;

(10) Twenty-five dollars to transfer a private investigator or security guard provider license from one corporation to another corporation or from a sole proprietor to a corporation or to transfer a corporation license to a sole proprietor, pursuant to division (F) of section 4749.03 of the Revised Code;

(11) Five dollars for a duplicate of a lost, spoliated, or destroyed registration identification card pursuant to section 4749.06 of the Revised Code.

(B) Each fee described in paragraph (A) of this rule is a nonrefundable fee payable to the department of public safety except that the three hundred seventy-five dollar initial license fee described in paragraph (A)(3) of this rule shall be refunded if the license application is denied.

Replaces: 4501:7-1-21

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.03, 4749.031, 4749.06, 4749.10
Prior Effective Dates: 09/22/05, 1/2/12

4501:7-1-18 Retained applicant fingerprint database enrollment.

(A) Each individual, including a partner in a partnership, an officer, or a qualifying agent who submits an application to license a company or who submits an application to renew a license pursuant to section 4749.03 of the Revised Code, shall be enrolled in the retained applicant fingerprint database maintained by the bureau of criminal identification and investigation under section 109.5721 of the Revised Code.

(1) Each individual, including a partner in a partnership, an officer, or a qualifying agent who submits an annual renewal application pursuant to section 4749.03 of the Revised Code, and who does not currently have electronic fingerprints on file with the superintendent of the bureau of criminal identification and investigation, shall submit a set of electronic fingerprints directly to the superintendent in the method prescribed in division (C)(2) of section 109.572 of the Revised Code.

(2) The results of the criminal records check shall be sent via direct copy to the director of public safety, private investigator security guard services.

(3) If the results of the criminal records check satisfy the requirements of division (A)(1)(a) of section 4749.03 of the Revised Code, and the license is approved or renewed, the applicant shall be enrolled in the retained applicant fingerprint database. Once enrolled in the retained applicant fingerprint database, the licensee need not submit fingerprints on future renewal dates unless otherwise required under Chapter 4749. of the Revised Code.

(4) If the results of the applicant's criminal records check indicate that the applicant does not have electronic fingerprints on file with the superintendent of the bureau of criminal identification and investigation, then the applicant shall be granted a sixty day extension from the date that the department of public safety notifies the applicant of the records check results. Within this sixty day extension period, the applicant must submit a set of electronic fingerprints to the superintendent in the method prescribed in division (C)(2) of section 109.572 of the Revised Code and the director of public safety must receive results that satisfy the requirements of division (B)(3) of section 4749.06 of the Revised Code.

(5) Failure to provide a fingerprint submission in accordance with this paragraph shall result in a denial of the individual's application for license or application for renewal.

(B) Each employee who is registered or renewed by a class A, B, or C licensee pursuant to section 4749.06 of the Revised Code shall be enrolled in the retained applicant fingerprint database maintained by the bureau of criminal identification and investigation under section 109.5721 of the Revised Code.

(1) Each employee who is registered by a class A, B, or C licensee pursuant to section 4749.06 of the Revised Code shall be automatically enrolled in the retained applicant fingerprint database.

(2) For each employee who is renewed by a class A, B, or C licensee pursuant to section 4749.06 of the Revised Code, and who does not currently have electronic fingerprints on file with the superintendent of the bureau of criminal identification and investigation, the licensee shall submit a set of electronic fingerprints directly to the superintendent in the method prescribed in division (C)(2) of section 109.572 of the Revised Code.

(3) The results of the employee's criminal records check shall be sent via direct copy to the director of public safety, private investigator security guard services.

(4) If the results of the employee's criminal records check satisfy the requirements of division (B)(3) of section 4749.06 of the Revised Code, and the registration is approved or renewed, the employee shall be enrolled in the retained applicant fingerprint database. Once an employee is enrolled in the retained applicant fingerprint database, the employee need not submit fingerprints on future renewal dates unless otherwise required under Chapter 4749. of the Revised Code.

(5) If the results of the employee's criminal records check indicate that the employee does not have electronic fingerprints on file with the superintendent of the bureau of criminal identification and investigation, then the licensee shall be granted a sixty day extension from the date that the department of public safety notifies the licensee of the records check results. Within this sixty day extension period, the licensee must submit a set of the employee's electronic fingerprints to the superintendent in the method prescribed in division (C)(2) of section 109.572 of the Revised Code and the director of public safety must receive results that satisfy the requirements of division (B)(3) of section 4749.06 of the Revised Code.

(6) Failure to provide an employee's fingerprint submission in accordance with this paragraph shall result in a denial of the employee's registration or renewal.

Replaces: 4501:5-1-22

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.03, 4749.031, 4749.06
Prior Effective Dates: 01/02/12

4501:7-1-19 Disqualifying offenses.

(A) "Disqualifying offense" means a conviction or plea of guilty to a felony offense that has a direct bearing on an individual's fitness or ability to perform the duties or responsibilities related to the provision of private investigator services, security guard services, or both.

(B) For purposes of sections 4749.03 and 4749.04 of the Revised Code, the following offenses are disqualifying offenses:

(1) Aggravated burglary as set forth in section 2911.11 of the Revised Code;

(2) Breaking and entering as set forth in section 2911.13 of the Revised Code;

(3) Burglary as set forth in section 2911.12 of the Revised Code;

(4) Deception to secure writing as set forth in section 2913.43 of the Revised Code;

(5) Endangering children as set forth in section 2919.22 of the Revised Code;

(6) Forgery as set forth in section 2913.31 of the Revised Code;

(7) Identity fraud as set forth in section 2913.49 of the Revised Code;

(8) Misuse of a credit card as set forth in section 2913.21 of the Revised Code;

(9) Misuse of the law enforcement automated database system (LEADS) as set forth in section 2913.04 of the Revised Code;

(10) Passing bad checks as set forth in section 2913.11 of the Revised Code;

(11) Receiving stolen property as set forth in section 2913.51 of the Revised Code;

(12) Safecracking as set forth in section 2911.31 of the Revised Code;

(13) Theft as set forth in section 2913.02 of the Revised Code;

(14) Voyeurism as set forth in section 2907.08 of the Revised Code;

(15) Wiretapping as set forth in section 2933.52 of the Revised Code;

(16) An attempt or conspiracy to commit or complicity in committing any of the offenses listed in paragraphs (B)(1) to (B)(15) of this rule, if the attempt, conspiracy, or complicity is a felony;

(17) A violation of any former law of this state, any existing or former law of another state, existing or former law applicable in a military court or an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any of the offenses listed in paragraphs (B)(1) to (B)(15) of this rule.

(C) For purposes of division (B)(3) of section 4749.06 of the Revised Code, "disqualifying offense" means a felony conviction or plea of guilty to any of the offenses listed in paragraphs (B)(1) to (B)(17) of this rule and a conviction or plea of guilty to a crime of moral turpitude, as that term is defined in section 4776.10 of the Revised Code.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02, 5502.011
Rule Amplifies: R.C. 4749.03, 4749.06

4501:7-1-20 Notice of meeting.

(A) For the purpose of this rule "the commission" means the Ohio private investigation and security services commission (OPISSC).

(B) The department of public safety (department) shall post notice of all regularly scheduled meetings of the commission and any of its committees, subcommittees, and workgroups, on the department's website, which may be accessed at http://pisgs.ohio.gov/pissc.stm at least fourteen days prior to each regularly scheduled meeting. Such notice shall include the time and place of the meeting and may include the tentative agenda for the meeting. Nothing in this section shall be construed as prohibiting any member of the commission from requesting that an item be added to the agenda in writing once it is posted to the website.

(C) The department shall provide at least twenty-four hour advance notice of the time, place, and purpose of special meetings of the commission and any of its committees, subcommittees and workgroups to any media outlet that has submitted written request for such notice to the department. Notice shall also be posted to the department's website as stated in paragraph (B) of this rule as soon as possible after the meeting is scheduled. In the event that an emergency meeting is scheduled and twenty-four hour notice is not possible, the department shall notify those media outlets who have requested notice in accordance with this paragraph, as soon as is reasonably possible after such meeting is scheduled. The notice requested by representatives of news organizations pursuant to this rule may be general or specific in nature.

(D) Any person may obtain advance notice of any meeting of the commission, its committees, subcommittees and workgroups. Requests for notice of meetings may be submitted to the department in written form, or may be made in person during regular business hours. Written request for notice of meetings may be general in nature or may be specific to meetings where a particular type of business will be considered. Such requests shall be mailed to "Private Investigator Security Guard Services, 1952 West Broad Street, Columbus, Ohio 43223," and shall include the name of the person submitting the request, any organization with which the person is affiliated, mailing address, electronic mail address, if applicable, telephone number, and whether notice is sought for all or specified types of meetings. Requests for notices in a hard copy format shall include one of the following:

(1) Fifteen self-addressed envelopes with appropriate postage affixed;

(2) A reasonable postage fee as determined annually by the commission; or

(3) A valid email address to which notice may be sent.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02, 121.22
Rule Amplifies: R.C. 4749.021

4501:7-1-21 Process for veteran applications.

Comment: Information regarding the availability and effective dates of the materials incorporated by reference in this rule can be found in paragraph (H) of rule 4501:7-1-01 of the Administrative Code.

(A) The department shall track and monitor "Provider Applications," "Qualifying Agent Applications," "Employee Registration Applications," "Provider License Renewals," "Qualifying Agent Renewals," and "Employee Registration Renewals," that have been received from veterans, as defined in paragraph (F) of rule 4501:7-1-01 of the Administrative Code, and/or spouses of veterans.

(B) The department shall prioritize and expedite a completed "Provider Application,"

"Qualifying Agent Application," "Employee Registration Application," "Provider License Renewal," "Qualifying Agent Renewal," and "Employee Registration Renewal," for veterans and spouses of veterans within four business days of receipt. An application shall be considered complete only when all requirements as set forth in rules 4501:7-1-04, 4501:7-1-08, 4501:7-1-09, and 4501:7-1-16 of the Administrative Code, as applicable, are met and the documentation as required in paragraph (C) of this rule has been provided to the department.

(C) Satisfactory evidence that the applicant or applicant's spouse is a veteran or member of the armed forces includes the applicant's official military identification card, official DD-214 separation document, or other official military documentation approved by the director of the department. A marriage certificate may be required, in addition to evidence of status as a veteran, if the applicant is the spouse of a veteran.

(D) In order to expedite the processing of applications and renewals, especially for individuals facing imminent deployment, the department shall accept necessary information in support of the applications by electronic and other appropriate means.

Effective: 1/12/2015
Five Year Review (FYR) Dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02, 5903.04
Rule Amplifies: R.C. 4749.03, 4749.06