32 §8105. Private investigator's license qualifications - Maine Statutes

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 89: PRIVATE INVESTIGATORS

§8105. Private investigator's license qualifications

A person is qualified to be licensed as a private investigator who: [1981, c. 126, §2 (NEW).]

1. Age. Is at least 18 years of age;

[ 1981, c. 126, §2 (NEW) .]

2. Citizenship. Is a citizen or resident alien of the United States;

[ 1981, c. 126, §2 (NEW) .]

3. Graduation. Is a graduate of an accredited high school or has been granted high school equivalency status by the State;

[ 1981, c. 126, §2 (NEW) .]

4. Character. Has demonstrated good moral character and has not been convicted of a crime which is punishable by a maximum term of imprisonment equal to or exceeding one year, or a crime enumerated in this chapter. The determination of good moral character shall be made in writing, based upon evidence recorded by a governmental entity. The commissioner shall consider matters recorded within the previous 5 years including, but not limited to, the following:

A. Records of incidents of abuse by the applicant of family or household members provided pursuant to Title 19-A, section 4012, subsection 1; [1995, c. 694, Pt. D, §56 (AMD); 1995, c. 694, Pt. E, §2 (AFF).]

B. Records provided by the Department of Health and Human Services regarding the failure of the applicant to meet child or family support obligations; [1981, c. 126, §2 (NEW); 2003, c. 689, Pt. B, §6 (REV).]

C. Records of 3 or more convictions of the applicant for Class D or E crimes; [1981, c. 126, §2 (NEW).]

D. Records of 3 or more civil violations by the applicants; or [1981, c. 126, §2 (NEW).]

E. Records that the applicant has engaged in recklessness or negligence that endangered the safety of others, including the use of weapons or motor vehicles; [1981, c. 126, §2 (NEW).]

[ 1995, c. 694, Pt. D, §56 (AMD); 1995, c. 694, Pt. E, §2 (AFF); 2003, c. 689, Pt. B, §6 (REV) .]

5. Application. Submits an application that contains the following:

A. Full name; [1981, c. 126, §2 (NEW).]

B. Full current address and addresses for the prior 5 years; [1981, c. 126, §2 (NEW).]

C. The date and place of birth, height, weight and color of eyes; [1981, c. 126, §2 (NEW).]

D. A statement granting the chief of police authority to check the criminal records of any law enforcement agency. The applicant must agree to submit to having fingerprints taken by the issuing authority if it becomes necessary to resolve any question as to the applicant's identity; and [2009, c. 20, §1 (AMD).]

E. Answers to the following questions:

(1) Are you currently under indictment or information for a crime for which the possible penalty is imprisonment for a period equal to or exceeding one year?

(2) Have you ever been convicted of a crime for which the possible penalty was imprisonment for a period equal to or exceeding one year?

(3) Are you a fugitive from justice?

(4) Are you an unlawful user of or addicted to marijuana or any other drug?

(5) Have you been adjudged mentally defective or been committed to a mental institution within the past 5 years? or

(6) Are you an illegal alien? [2001, c. 298, §2 (AMD).]

By affixing the applicant's signature, the applicant certifies that the information in the application provided by the applicant is true and correct and that the applicant understands that an affirmative answer to any of the questions in paragraph E is cause for refusal and any false statement may result in prosecution as provided in section 8114.

[ 2009, c. 20, §1 (AMD) .]

6. Military discharge. Has not been dishonorably discharged from military service;

[ 1981, c. 126, §2 (NEW) .]

7. Employment.

[ 1985, c. 141, §1 (RP) .]

7-A. Experience. Meets at least one of the following criteria:

A. Has been employed for consideration for a minimum of 1,700 hours as an investigative assistant possessing a valid license issued by the commissioner. The 1,700 hours must have been completed within 2 years after the date of issuance of the investigative assistant license but may not have been completed in less than one year after the date of issuance of the license; [2001, c. 298, §3 (AMD).]

B. Has been employed for a minimum of one year as a member of an investigative service of the United States; [1985, c. 141, §2 (NEW).]

C. Has been employed for a minimum of one year as a law enforcement officer of a state or political subdivision of a state and has met the training requirements set forth in Title 25, section 2804-C, or is qualified to receive a waiver from those requirements; or [RR 1991, c. 2, §118 (COR).]

D. Possesses a minimum of 6 years of preparation consisting of a combination of:

(1) Work experience, including at least 2 years in a nonclerical occupation related to law or the criminal justice system; and

(2) Educational experience, including at least:

(a) Sixty academic credits of post-secondary education acquired at an accredited junior college, college or university; or

(b) An associate degree in law enforcement, based on 2 years of post-secondary instruction, conferred by an established technical college; and [1989, c. 443, §90 (AMD).]

[ 2001, c. 298, §3 (AMD) .]

8. Examination. Has passed an examination administered by the commissioner covering subjects pertaining to private investigation to be prescribed by him, provided that a person currently licensed, as described in section 8106, may at no time be required to take any such examination.

[ 1981, c. 126, §2 (NEW) .]

SECTION HISTORY

1981, c. 126, §2 (NEW). 1985, c. 141, §§1,2 (AMD). 1987, c. 602, §2 (AMD). 1989, c. 443, §90 (AMD). RR 1991, c. 2, §118 (COR). 1995, c. 694, §D56 (AMD). 1995, c. 694, §E2 (AFF). 2001, c. 298, §§2,3 (AMD). 2003, c. 689, §B6 (REV). 2009, c. 20, §1 (AMD).