53-9-102 - Definitions. - Utah Statutes

UTAH STATUTES AND CODES

53-9-102 - Definitions.

53-9-102. Definitions.
In this chapter, unless otherwise stated:
(1) "Adequate records" means records containing, at a minimum, sufficient informationto identify the client, the dates of service, the fee for service, the payments for service, the type ofservice given, and copies of any reports that may have been made.
(2) "Advertising" means the submission of bids, contracting or making known by anypublic notice, publication, or solicitation of business, directly or indirectly, that services regulatedunder this chapter are available for consideration.
(3) "Agency" means a person who holds an agency license pursuant to this chapter, andincludes one who employs an individual for wages and salary, and withholds all legally requireddeductions and contributions, or contracts with a registrant or an apprentice on a part-time orcase-by-case basis to conduct an investigation on behalf of the agency.
(4) "Applicant" means any person who has submitted a completed application and allrequired fees.
(5) "Apprentice" means a person who holds an apprentice license pursuant to thischapter, has not met the requirements for registration, and works under the direct supervision andguidance of an agency.
(6) "Board" means the Private Investigator Hearing and Licensure Board created inSection 53-9-104.
(7) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
(8) "Commissioner" means the commissioner of the Department of Public Safety.
(9) "Conviction" means an adjudication of guilt by a federal, state, or local courtresulting from trial or plea, including a plea of no contest, regardless of whether the imposition ofsentence was suspended.
(10) "Department" means the Department of Public Safety.
(11) "Direct supervision" means that the agency or employer:
(a) is responsible for, and authorizes, the type and extent of work assigned;
(b) reviews and approves all work produced by the apprentice before it goes to the client;
(c) closely supervises and provides direction and guidance to the apprentice in theperformance of his assigned work; and
(d) is immediately available to the apprentice for verbal contact, including by electronicmeans.
(12) "Emergency action" means a summary suspension of a license pending revocation,suspension, or probation in order to protect the public health, safety, or welfare.
(13) "Employee" means an individual who works for an agency or other employer, islisted on the agency's or employer's payroll records, and is under the agency's or employer'sdirection and control. An employee is not an independent contractor.
(14) "Identification card" means a card issued by the commissioner to a qualifiedapplicant for an agency, registrant, or apprentice license.
(15) "Letter of concern" means an advisory letter to notify a licensee that while there isinsufficient evidence to support probation, suspension, or revocation of a license, the departmentinforms the licensee of the need to modify or eliminate certain practices and that continuation ofthe activities that led to the information being submitted to the department may result in furtherdisciplinary action against the licensee.
(16) "Licensee" means a person to whom an agency, registrant, or apprentice license is

issued by the department.
(17) (a) "Private investigator or private detective" means any person, except collectionagencies and credit reporting agencies, who, for consideration, engages in business or acceptsemployment to conduct any investigation for the purpose of obtaining information with referenceto:
(i) crime, wrongful acts, or threats against the United States or any state or territory of theUnited States;
(ii) the identity, reputation, character, habits, conduct, business occupation, honesty,integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements,whereabouts, affiliations, associations, or transactions of any person or group of persons;
(iii) the credibility of witnesses or other persons;
(iv) the whereabouts of missing persons or owners of abandoned property;
(v) the causes and origin of, or responsibility for a fire, libel, slander, a loss, an accident,damage, or an injury to real or personal property;
(vi) the business of securing evidence to be used before investigating committees orboards of award or arbitration or in the trial of civil or criminal cases and the trial preparation;
(vii) the prevention, detection, and removal of installed devices for eavesdropping orobservation;
(viii) the business of "skip tracing" persons who have become delinquent in their lawfuldebts, either when hired by an individual, collection agency, or through the direct purchase of thedebt from a financial institution or entity owning the debt or judgment; or
(ix) serving civil process.
(b) "Private investigator or private detective" does not include:
(i) any person or employee conducting an investigation on the person's or employee'sown behalf or on behalf of the employer if the employer is not a private investigator under thischapter; or
(ii) an employee of an attorney licensed to practice law in this state.
(18) "Qualifying party" means the individual meeting the qualifications under thischapter for a private investigator license.
(19) "Registrant" means any person who holds a registrant license pursuant to thischapter. The registrant performs private investigative work either as an employee on anemployer's payroll or, on a contract with an agency, part-time, or case-by-case basis, with aminimum amount of direction.
(20) "Restructuring" means any change in the legal status of a business.
(21) "Unprofessional conduct" means any of the following:
(a) engaging or offering to engage by fraud or misrepresentation in any activitiesregulated by this chapter;
(b) aiding or abetting a person who is not licensed pursuant to this chapter inrepresenting that person as a private investigator or registrant in this state;
(c) gross negligence in the practice of a private investigator or registrant;
(d) failing or refusing to maintain adequate records and investigative findings on asubject of investigation or a client;
(e) committing a felony or a misdemeanor involving any crime that is grounds for denial,suspension, or revocation of an agency, registrant, or apprentice license. In all cases, convictionby a court of competent jurisdiction or a plea of no contest is conclusive evidence of the