Chapter 4501:5-1 Private Investigators

4501:5-1-01 Public notice of proposed rule adoption, amendment or rescission. [Rescinded].

Rescinded eff 11-16-06

4501:5-1-02 [Effective until 1/1/2015] 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 ever been convicted of a misdemeanor;

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

(C) If the applicant has ever operated without general liability insurance coverage while licensed under Chapter 4749. of the Revised Code; or

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

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

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

4501:5-1-02 [Rescinded effective 1/1/2015] Reputation for integrity.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: 4749.02
Rule Amplifies: 4749.03
Prior Effective Dates: 8/10/89, 10/07/04

4501:5-1-03 [Effective until 1/1/2015] Requirement of new license.

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

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

(2) No renewal of 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 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 DBA designation of the licensee. The licensee shall notify the department of public safety within ten days of the designated change.

(C) For purposes of division (G) of section 4749.03 of the Revised Code, "new license" means replacement license.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4749.02

Rule Amplifies: R.C. 4749.03

Prior Effective Dates: Eff 1/1/70, 7/7/78, 8/10/89, 10/7/04

4501:5-1-03 [Rescinded effective 1/1/2015] Requirement of new license.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: 4749.02
Rule Amplifies: 4749.03
Prior Effective Dates: 1/1/70, 7/7/78, 8/10/89, 10/7/04

4501:5-1-04 [Effective until 1/1/2015] Applications.

(A) An application for license shall be on forms and in the manner prescribed by the department of public safety and accompanied by the license fee provided by section 4749.03 of the Revised Code. The license fee may be paid by certified check or money order payable to the treasurer, state of Ohio.

(B) All photographs used on forms of the department of public safety must be photographs taken within thirty days of application, and picturing a reasonable likeness of the applicant.

(C) Fingerprints submitted by an applicant for a class A, B, or C license must be taken on forms provided by the department of public safety.

(D) In the case of a partnership or corporation, only one partner or a principal officer shall be required to qualify as an applicant by way of examination and experience, as provided in section 4749.03 of the Revised Code.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

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

4501:5-1-04 [Rescinded effective 1/1/2015] Applications.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: 4749.02
Rule Amplifies: 4749.03
Prior Effective Dates: 1/1/70, 8/10/89, 11/16/01, 10/7/04

4501:5-1-05 [Effective until 1/1/2015] Insurance.

(A) All applicants shall submit evidence of comprehensive general liability insurance coverage verified by the insurer and certified as to the minimum coverage thereunder.

(1) Prior to cancellation, the licensee must file with the department of public safety evidence of supplemental insurance.

(2) Beginning on March 1, 1989, each policy of insurance must contain a provision requiring the insurer to notify the department of public safety no later than ten days prior to the policy's cancellation and no later than seven days after its lapse.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

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

4501:5-1-05 [Rescinded effective 1/1/2015] Insurance.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: 4749.02
Rule Amplifies: 4749.03
Prior Effective Dates: 1/1/70, 8/10/89, 10/7/04

4501:5-1-06 [Effective until 1/1/2015] Required experience.

(A) "Two years experience" shall be defined as a minimum of four thousand working hours over a period of two calendar years.

(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 one thousand working hours of experience in investigatory work and at least one thousand working hours of experience in security services work.

(C) Equivalent experience such as, but not limited to, specialized education in criminal justice or law enforcement, or service in the military police of 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 division (J) of section 2901.01 , or as a peace officer, as defined in division (B) of section 2935.01 of the Revised Code not obtained within the last two years, may be deemed by the director of public safety to be sufficient to satisfy the two-year requirement.

(D) If specialized education in criminal justice or law enforcement is submitted as equivalent experience, all of the following apply:

(1) The only education which shall be recognized is that of at least two years duration, successful passage of which is evidenced by an associate or baccalaureate degree awarded by an institution registered or approved by the state board of proprietary school registration or by the Ohio board of regents. Education alone may be deemed to satisfy no more than half of the two-year requirement.

(2) Two thousand working hours of experience in investigatory work, when coupled with successful completion of the education described in paragraph (D)(1) of this rule, may satisfy the two-year experience requirement only with respect to an application for a class B license.

(3) Two thousand working hours of experience in security services work, when coupled with successful completion of the education described in paragraph (D)(1) of this rule, may satisfy the two-year experience requirement only with respect to an application for a class C license.

(4) One thousand working hours of experience in investigatory work and one thousand working hours in security services work, when coupled with successful completion of the education described in paragraph (D)(1) of this rule, may satisfy the two-year requirement for a class A license.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

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

4501:5-1-06 [Rescinded effective 1/1/2015] Required experience.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
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

4501:5-1-07 [Effective until 1/1/2015] Examinations.

(A) An applicant must take and pass a written license examination at the time and place appearing on his notice. If the applicant fails to appear for such examinations, except as provided herein, his file shall be closed and a new application together with a new fee shall be required.

(B) If the applicant's failure to appear for the examination to which he is admitted is due to illness, evidenced by a doctor's certificate sent to the department of public safety prior to the date of such examination, he shall be admitted to the next scheduled examination without additional fee. 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.

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

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

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

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

4501:5-1-07 [Rescinded effective 1/1/2015] Examinations.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
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

4501:5-1-08 [Effective until 1/1/2015] License.

(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 in writing of any change of address of such principal place of business, or of any change of the business name or DBA designation under which the business is conducted.

(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 to the department of public safety. If a licensee fails to return the license, 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. Application for such a branch office license shall be made on forms prescribed by the department of public safety. The fee for each such license shall be one hundred dollars and may be paid by certified check or money order made payable to the treasurer, state of Ohio.

(1) Each licensee who maintains one or more branch offices shall, within ten days, notify the department of public safety of any change of address thereof or of any discontinuance of the licensee's business 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, all branch office licenses issued to the licensee shall be returned immediately to the department of public safety.

(C) A licensee shall not have a name so similar to that of another licensee as to be confusing or likely to mislead the public.

(1) A licensee can conduct business under no more than one business name or DBA designation other than the licensee's legal name.

(2) A business name or DBA designation can be used by no more than one licensee.

(3) Identification in its advertising of more than one division of a corporate licensee shall not be considered to be multiple business names or DBA designations for purposes of this rule.

(4) Nothing in this rule shall be construed as inhibiting a licensee's ability to file any trade name, fictitious name or service mark with the Ohio secretary of state.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4749.02

Rule Amplifies: R.C. 4749.03 , R.C. 4749.04 , R.C. 4749.05

Prior Effective Dates: 7/18/76, 7/7/78, 8/10/89, 11/16/01, 10/7/04

4501:5-1-08 [Rescinded effective 1/1/2015] License.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.03 , R.C. 4749.04 , R.C. 4749.05
Prior Effective Dates: 7/18/76, 7/7/78, 8/10/89, 11/16/01, 10/7/04

4501:5-1-09 [Effective until 1/1/2015] Registration of employees.

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

(B) Each licensee shall file an application to register a new investigator or security guard employee with the department of public safety no later than seven business 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. The licensee must submit, on forms provided by the department, verification of the employee's name, date of birth, and social security number as well as one readable set of fingerprints of the employee to be registered.

(C) Within ten business days after the termination of a registrant's employment, the licensee shall notify the department of public safety on forms provided by the department of such termination, and submit the registrant's identification card for cancellation.

(D) For purposes of this rule, "business day" does not include Saturday or Sunday. Filings postmarked on the applicable business day shall be considered to have been timely filed.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

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

4501:5-1-09 [Rescinded effective 1/1/2015] Registration of employees.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
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

4501:5-1-10 [Effective until 1/1/2015] 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, 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 which uses investigator or security guard employees who have not yet received the identification cards issued by the department of public safety, 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 of public safety or any law enforcement authority.

(E) The licensee shall be responsible for the use of the identification card by his employee, and shall return the card to the department of public safety upon termination of the registrant's employment.

(F) Each employee shall be required to return his identification card to the licensee upon the termination of his employment.

(G) All identification cards shall be considered to be, and remain, the property of the state of Ohio, department of public safety, and shall be returned to the licensee employer upon termination of the registrant's employment.

(H) At the end of each quarter, every licensee shall submit to the department of public safety a current list of registered employees.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4749.02

Rule Amplifies: R.C. 4749.06 , R.C. 4749.10

Prior Effective Dates: 1/1/70, 7/7/78, 8/10/89, 10/7/04

4501:5-1-10 [Rescinded effective 1/1/2015] Issuance of I.D. card to registrant.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.06 ,R.C. 4749.10
Prior Effective Dates: 1/1/70, 7/7/78, 8/10/89, 10/7/04

4501:5-1-11 [Effective until 1/1/2015] Records.

Each licensee shall keep a true and correct record in the English language of all of the business transactions in his office 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.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4749.02

Rule Amplifies: R.C. 4749.11

Prior Effective Dates: 1/1/70, 7/7/78, 8/10/89, 10/7/04

4501:5-1-11 [Rescinded effective 1/1/2015] Records.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02 , R.C. 4749.11
Rule Amplifies: R.C. 4749.11
Prior Effective Dates: 1/1/70, 7/7/78, 8/10/89, 10/7/04

4501:5-1-12 [Effective until 1/1/2015] 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 patches 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.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4749.02

Rule Amplifies: R.C. 4749.08

Prior Effective Dates: 12/1/90, 3/18/93, (Emer.), 5/7/93, 9/10/96, 4/24/00, 10/7/04

4501:5-1-12 [Rescinded effective 1/1/2015] Uniforms.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02 , R.C. 4749.08
Rule Amplifies: R.C. 4749.08
Prior Effective Dates: 12/1/90, 3/18/93, (Emer.), 5/7/93, 9/10/96, 4/24/00, 10/7/04

4501:5-1-13 [Effective until 1/1/2015] Confidential Information.

Any licensee or registered employee may divulge to any law enforcement officer or prosecuting attorney, or his representative, any information he may acquire as to any criminal offense, but he shall not divulge to any other person, except as he may be required by law so to do, any information acquired by him except at the direction of the employer or client for whom the information was obtained. No licensee, or registered employee of a licensee, shall knowingly make any false report to his employer or client for whom information was being obtained.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4749.02

Rule Amplifies: R.C. 4749.13

Prior Effective Dates: 1/1/70, 8/10/89

4501:5-1-13 [Rescinded effective 1/1/2015] Confidential information.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.02 , 4749.13
Prior Effective Dates: 1/1/70, 8/10/89

4501:5-1-14 [Effective until 1/1/2015] Conflict of interest.

(A) A licensee shall not represent more than one party in an investigation case unless the licensee fully discloses such relationship to the parties involved, and the parties give written consent thereto.

(B) Subject to rule 4501:5-1-13 of the Administrative Code, information obtained in all cases shall be confidential, and for the use of the client only.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4749.02

Rule Amplifies: R.C. 4749.13

Prior Effective Dates: 1/1/70, 7/7/78, 8/10/89, 10/7/04

4501:5-1-14 [Rescinded effective 1/1/2015] Conflict of interest.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.13
Prior Effective Dates: 1/1/70, 7/7/78, 8/10/89, 10/7/04

4501:5-1-15 [Effective until 1/1/2015] Contracts.

(A) The licensee shall make available to all clients a contract which is binding on both parties thereto. The client's part of the contract shall contain a request indicating the type of service to be performed by the licensee for the client and a statement that the client has a legal right to the information or services requested in the contract.

(B) The licensee's part of the contract shall outline the charges and agreements on the licensee's part, setting forth what the licensee agrees to do for the client. A copy of the contract shall be furnished to the client.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4749.02

Rule Amplifies: R.C. 4749.13

Prior Effective Dates: 1/1/70, 8/10/89

4501:5-1-15 [Rescinded effective 1/1/2015] Contracts.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.02
Prior Effective Dates: 1/1/70, 8/10/89

4501:5-1-16 [Effective until 1/1/2015] Publication and vehicle marking restrictions.

(A) No licensee may publish or cause to be published 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 the words "police" or "sheriff," nor shall the word "patrol" be used in conjunction with "Ohio" or "State."

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

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4749.02

Rule Amplifies: R.C. 4749.08

Prior Effective Dates: 1/1/70, 8/10/89, 10/7/04

4501:5-1-16 [Rescinded effective 1/1/2015] Publication and vehicle marking restrictions.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
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

4501:5-1-17 [Effective until 1/1/2015] Advertisement identification.

(A) All advertisements and/or other promotional material shall carry the legal name or DBA 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 DBA designations for purposes of paragraph (C)(1) of rule 4501:5-1-08 of the Administrative Code. 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.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4749.02

Rule Amplifies: R.C. 4749.08

Prior Effective Dates: 12/31/75, 8/10/89, 10/7/04

4501:5-1-17 [Rescinded effective 1/1/2015] Advertisement identification.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
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

4501:5-1-18 [Effective until 1/1/2015] Registered Employee.

For purposes of division (A) of section 4749.10 of the Revised Code, "registered employee" means any security guard employee registered by a licensee pursuant to division (A) of section 4749.06 of the Revised Code, and any security guard employee who should have been so registered.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4749.02

Rule Amplifies: R.C. 4749.10

Prior Effective Dates: 8/10/89

4501:5-1-18 [Rescinded effective 1/1/2015] Registered employee.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.06
Rule Amplifies: R.C. 4749.06
Prior Effective Dates: 8/10/89

4501:5-1-19 [Effective until 1/1/2015] Notice of renewals.

(A) The private investigator security guard section of the department of public safety 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) On or before the last day of each month, the private investigator security guard section of the department of public safety shall provide notice, in writing, to each individual or company holding a license issued pursuant to Chapter 4749. of the Revised Code of those employees who have not renewed their registration identification card as provided in rule 4501:5-1-20 of the Administrative Code. This notice may be combined with the notice required by paragraph (A) of this rule.

(C) 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 Chapter 4501:5-1 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 Chapter 4501:5-1 of the Administrative Code.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4749.02 , 4749.06

Rule Amplifies: R.C. 4749.06

Prior Effective Dates: 9/22/2005

4501:5-1-19 [Rescinded effective 1/1/2015] Notice of renewals.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02 , 4749.06
Rule Amplifies: R.C. 4749.06
Prior Effective Dates: 9/22/05

4501:5-1-20 [Effective until 1/1/2015] Renewal of registrations.

(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 4501:5-1-10 of the Administrative Code shall include the date of issuance. Registrations expire annually on the anniversary date of initial issuance.

(B) The private investigator/security guard section of 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 and on the form prescribed by the director, demonstrating that the registrant continues to meet the qualifications set forth in section 4749.06 of the Revised Code and if the registrant meets the following renewal requirements:

(1) Certifies that he/she has not been convicted of a felony during the previous registration year;

(2) Pays the annual renewal fee as set forth in rule 4501:5-1-21 of the Administrative Code. 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.

(C) If the department denies the renewal request of a registrant under Chapter 4749. of the Revised Code, the department shall notify the person in writing and such notification shall state that the person may request an adjudication hearing pursuant to section 119.07 of the Revised Code.

R.C. 119.032 review dates: 07/01/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4749.02 , R.C. 4749.06

Rule Amplifies: R.C. 4749.06

Prior Effective Dates: 9/22/05

4501:5-1-20 [Rescinded effective 1/1/2015] Renewal of registrations.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02 , 4749.06
Rule Amplifies: R.C. 4749.06
Prior Effective Dates: 9/22/05

4501:5-1-21 [Effective until 1/1/2015] 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) and (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 a company or renew a license pursuant to section 4749.03 of the Revised Code for the fee charged by the bureau of criminal identification and investigation 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) Two hundred seventy-five dollars for the annual renewal of each license pursuant to division (D) of section 4749.03 of the Revised Code;

(5) 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;

(6) One hundred dollars for the issuance of each branch office license pursuant to section 4749.05 of the Revised Code;

(7) One hundred dollars for the annual renewal of each branch office license pursuant to division (D) of section 4749.03 of the Revised Code;

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

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

(10) In addition to the fee required for the issuance of each registration identification card or annual renewal of a registration identification card, fifteen dollars for the issuance of each registration identification card with the notation that the bearer is certified to carry a firearm in the course of engaging in the business of private investigation, the business of security services, or both businesses pursuant to section 4749.10 of the Revised Code;

(11) 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 4749.06 of the Revised Code;

(12) 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, with the exception of the license fees prescribed by section 4749.03 of the Revised Code.

Effective: 01/02/2012
R.C. 119.032 review dates: 07/01/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.03 , R.C. 4749.031 , R.C. 4749.06 , R.C. 4749.10
Prior Effective Dates: 9/22/05

4501:5-1-21 [Rescinded effective 1/1/2015] Fees.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
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, 01/02/2012

4501:5-1-22 [Effective until 1/1/2015] 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 109.57 of the Revised Code.

(1) Each individual, including a partner in a partnership, an officer, or a qualifying agent who submits an application to license a company pursuant to section 4749.03 of the Revised Code shall be automatically enrolled in the retained applicant fingerprint database.

(2) 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.

(3) The results of the 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 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.

(5) 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.

(6) 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 109.57 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.

Effective: 01/02/2012
R.C. 119.032 review dates: 07/01/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4749.02
Rule Amplifies: R.C. 4749.03 , R.C. 4749.031 , R.C. 4749.06

4501:5-1-22 [Rescinded effective 1/1/2015] Retained applicant fingerprint database enrollment.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 08/21/2014
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