Section 34-25B-1 – Short Title.
Section 34-25B-1 Short title. This chapter shall be known and may be cited as the “Alabama Private Investigation Regulatory Act.” (Act 2013-306, p. 1021, §1.)
Section 34-25B-10 – Practice of Private Investigation Without a License; Location of Records.
Section 34-25B-10 Practice of private investigation without a license; location of records. (a) Except as otherwise provided in this chapter, it shall be unlawful for any person to act as a private investigator without first obtaining a license from the board. For prosecution purposes, a violation of this chapter is classified as a Class A […]
Section 34-25B-11 – License Application.
Section 34-25B-11 License application. An application and all information on an application for licensure as a private investigator shall be treated as confidential and shall be filed with the board on forms prescribed by the board. The application shall include all of the following information of the applicant: (1) His or her full name. (2) […]
Section 34-25B-12 – Qualifications; Study Guide.
Section 34-25B-12 Qualifications; study guide. (a) Each individual applicant shall meet the following criteria that he or she: (1) Is at least 21 years of age. (2) Has not been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has subsequently declared the […]
Section 34-25B-13 – Application Fees; Issuance of License; Denial of Application.
Section 34-25B-13 Application fees; issuance of license; denial of application. (a) Upon receipt of an application for a license pursuant to this chapter, nonrefundable, nonprorateable application fees shall be submitted to the board by the applicant for the following services: (1) A request that the Alabama Bureau of Investigation compare the fingerprints submitted with the […]
Section 34-25B-14 – Identification Card.
Section 34-25B-14 Identification card. (a) The board shall issue to every private investigator licensee an identification card, which shall be issued in credit card size, be permanently laminated, and contain the following information of the licensee: (1) Name. (2) Photograph. (3) Physical characteristics. (4) Private investigator’s license number. (5) Expiration date of license. (b) The […]
Section 34-25B-15 – Making False Statement to the Board.
Section 34-25B-15 Making false statement to the board. Making a false statement to the board shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000) and assessment of the maximum application fee. (Act 2013-306, p. 1021, §15.)
Section 34-25B-16 – Investigation Into Veracity of Application.
Section 34-25B-16 Investigation into veracity of application. Upon receipt of an application and applicable fees, the board shall conduct an investigation to determine whether the statements made in the application are true. (Act 2013-306, p. 1021, §16.)
Section 34-25B-17 – Expiration and Renewal of License.
Section 34-25B-17 Expiration and renewal of license. (a) All licenses issued or renewed under this chapter shall be valid for a period of two years from the date of issuance. The board shall provide each licensee with a renewal application 60 days prior to the expiration of the license. (b) Each application for renewal shall […]
Section 34-25B-18 – Suspension, Revocation, etc., of License; Penalties.
Section 34-25B-18 Suspension, revocation, etc., of license; penalties. (a) The board may suspend, revoke, or refuse to issue or renew any license issued by it upon finding that the holder or applicant has committed any of the following acts: (1) A violation of this chapter or any rule promulgated pursuant to this chapter. (2) Fraud, […]
Section 34-25B-19 – Sufficiency of License to Practice; Occupational Tax or Business License Fee Authorized.
Section 34-25B-19 Sufficiency of license to practice; occupational tax or business license fee authorized. (a) No licensee or applicant shall be required to obtain any authorization or license from, or pay any other fee or post a bond in, any municipality, county, or other political subdivision of this state to engage in any activity regulated […]
Section 34-25B-2 – Definitions.
Section 34-25B-2 Definitions. As used in this chapter, the following terms shall have the following meanings: (1) FELONY. A criminal offense that is defined and punishable under the laws of this state, or an offense committed outside the State of Alabama, which if committed in this state, would constitute a felony under Alabama law; a […]
Section 34-25B-20 – Reciprocity With Other States.
Section 34-25B-20 Reciprocity with other states. The board may negotiate and enter into reciprocal agreements with the appropriate officials in other states to permit licensed investigators who meet or exceed the qualifications established in this chapter to operate in reciprocal states under mutually acceptable terms. (Act 2013-306, p. 1021, §20.)
Section 34-25B-21 – Copy of Statutes and Rules Provided by Board.
Section 34-25B-21 Copy of statutes and rules provided by board. The board shall provide a copy of this chapter and any rules promulgated under this chapter to the following: (1) Each licensee, upon issuance of an original license, and every two years thereafter upon license renewal. (2) Any other person, upon request, for a reasonable […]
Section 34-25B-22 – Violations.
Section 34-25B-22 Violations. (a) The following acts when committed by an individual licensed as a private investigator in Alabama shall constitute a violation punishable as a Class A misdemeanor: (1) To knowingly make a material misrepresentation as to the ability of the individual to perform the investigation required by a potential client in order to […]
Section 34-25B-23 – Application of Administrative Procedure Act.
Section 34-25B-23 Application of Administrative Procedure Act. The Administrative Procedure Act shall govern all matters and procedures respecting the hearing and judicial overview of any contested case. (Act 2013-306, p. 1021, §23.)
Section 34-25B-24 – Exceptions.
Section 34-25B-24 Exceptions. This chapter does not apply to the following: (1) An employee of any business or entity that is not primarily engaged in the business of private investigation when that employee is performing duties related to his or her employment. (2) An investigation of the internal affairs of a private business entity investigating […]
Section 34-25B-25 – Division of Investigation.
Section 34-25B-25 Division of Investigation. (a) There is created within the board a Division of Investigation that shall be the board’s official investigative agency. (b) Each licensee shall provide to the investigative division staff all records that pertain to the exact nature of the complaint under investigation and upon the issuance of a subpoena. (c) […]
Section 34-25B-26 – Continuing Professional Education.
Section 34-25B-26 Continuing professional education. (a) Each licensee shall complete eight hours of continuing professional education acceptable to the board in each calendar year. (b) The board shall make every effort to ensue at least one seminar per year will be held in each congressional district of the state providing an opportunity to fulfill the […]
Section 34-25B-27 – Certification Required for Trainers.
Section 34-25B-27 Certification required for trainers. (a) Any person offering private investigation training must first be certified by the board. The board shall ensure that the instructors employed by the training provider possess both the experience and academic credentials to ensure that the curriculum and instruction will be beneficial to those seeking to enter the […]