32 §8101. Short title

§8101. Short title This chapter is known and may be cited as the Professional Investigators Act.   [PL 2011, c. 366, §6 (AMD).] SECTION HISTORY PL 1981, c. 126, §2 (NEW). PL 2011, c. 366, §6 (AMD).

32 §8102. Purpose

§8102. Purpose The purpose of this chapter is to regulate any person, firm, corporation or other legal entity engaged in the business of private investigation.   [PL 2011, c. 366, §7 (AMD).] SECTION HISTORY PL 1981, c. 126, §2 (NEW). PL 2011, c. 366, §7 (AMD).

32 §8103-A. Board of Licensure of Professional Investigators

§8103-A. Board of Licensure of Professional Investigators 1.  Establishment.  The Board of Licensure of Professional Investigators, referred to in this chapter as “the board,” is established pursuant to Title 5, section 12004‑G, subsection 29‑D to administer the provisions of this chapter to protect the public by improving the standards relative to the practice of private […]

32 §8103. Definitions

§8103. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1981, c. 126, §2 (NEW).] 1.  Commissioner.  [PL 2011, c. 366, §8 (RP).] 1-A.  Board.  “Board” means the Board of Licensure of Professional Investigators under section 8103‑A, as established under Title 5, section 12004‑G, […]

32 §8104. License requirement; exceptions

§8104. License requirement; exceptions 1.  License.  A person may not act as a professional investigator without first obtaining from the chief a license to be a professional investigator or investigative assistant.   [PL 2011, c. 366, §17 (AMD).] 2.  Exceptions.  This section does not apply to the following:   A. A person employed by or […]

32 §8105. Private investigator’s license qualifications

§8105. Private investigator’s license qualifications (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) A person is qualified to be licensed as a professional investigator who:   [PL 2011, c. 366, §28 (AMD).] 1.  Age.  Is at least 21 years of age;   [PL 2011, c. 366, §29 (AMD).] 2.  Citizenship.  Is a citizen or resident alien of […]

32 §8106. Acquisition of license by persons currently licensed

§8106. Acquisition of license by persons currently licensed A person possessing, under Maine law, a valid private investigator’s license on the effective date of this chapter whose license then expires, by application, compliance with section 8105, subsection 8 and payment of the required fee, is entitled to a professional investigator’s license.   [PL 2011, c. […]

32 §8107. Application for original license

§8107. Application for original license Applications for original licenses must be made to the chief under oath on forms prescribed by the chief demonstrating the qualifications required under this chapter. The application must be accompanied by the fee required under section 8117 and by a certification by each of 3 reputable citizens of the State […]

32 §8108. Applicant with out-of-state license (REPEALED)

§8108. Applicant with out-of-state license (REPEALED) SECTION HISTORY PL 1981, c. 126, §2 (NEW). PL 2011, c. 366, §36 (RP).

32 §8109. Renewal of license

§8109. Renewal of license Each professional investigator’s license is valid for an initial term of 2 years. Unless the license is revoked, the licensee may apply to renew the license every 4 years after the initial term.   [PL 2011, c. 366, §37 (AMD).] SECTION HISTORY PL 1981, c. 126, §2 (NEW). PL 1991, c. […]

32 §8110-A. Employment of investigative assistant

§8110-A. Employment of investigative assistant A professional investigator duly licensed under this chapter whose primary place of business is located in the State may employ an investigative assistant pursuant to section 8110‑B subject to the following:   [PL 2011, c. 366, §41 (AMD).] 1.  Limit on number of investigative assistants.  No more than one investigative […]

32 §8110-B. Sponsorship of investigative assistant

§8110-B. Sponsorship of investigative assistant 1.  Supervision and documentation of investigative assistant’s activities.  The sponsoring professional investigator is responsible for overseeing and documenting the activities of the investigative assistant under the sponsoring professional investigator’s supervision, including:   A. Keeping a record of all 1,200 training hours, including hours worked on specific activities performed by the […]

32 §8110. Investigative assistant’s license

§8110. Investigative assistant’s license 1.  Qualifications.  A person is qualified to be licensed as an investigative assistant who meets the qualifications set forth in section 8105, subsections 1 through 6.   [PL 1981, c. 126, §2 (NEW).] 2.  Application.  An application for an investigative assistant’s license must be made to the chief in accordance with […]

32 §8111. Bonding and insurance requirements

§8111. Bonding and insurance requirements 1.  Bonding requirement.  A person licensed as a professional investigator shall give to the chief a bond in the sum of $10,000 if the licensee is a resident of the State and in the sum of $50,000 if the licensee is not a resident of the State.   A person […]

32 §8112. Ineligibility of public officials

§8112. Ineligibility of public officials No person is eligible for a license under this chapter who derives plenary or special law enforcement powers from the State or any political subdivision thereof.   [PL 1981, c. 126, §2 (NEW).] SECTION HISTORY PL 1981, c. 126, §2 (NEW).

32 §8113-A. Suspension for refusal

§8113-A. Suspension for refusal 1.  Immediate suspension.  If the chief has probable cause to believe that a person licensed pursuant to this chapter is required to submit to chemical testing for the presence of intoxicating liquor or drugs pursuant to Title 17‑A, section 1057 or for conduct that occurs while the licensee is in possession […]

32 §8113. Refusal; suspension; revocation; grounds

§8113. Refusal; suspension; revocation; grounds In accordance with the Maine Administrative Procedure Act, the chief may refuse to issue or renew a license, suspend or revoke the license of any person licensed under this chapter, impose probationary conditions, fines or costs of hearing and investigation or issue a written warning on the following grounds:   […]

32 §8114-A. Complaint investigation; disciplinary actions

§8114-A. Complaint investigation; disciplinary actions 1.  Complaint investigation.  The chief shall investigate a complaint, on the chief’s own motion or upon receipt of a written complaint filed with the chief, regarding noncompliance with or violation of this chapter or of rules adopted by the chief. The chief may adopt rules regarding the receipt and investigation […]

32 §8114. Unlawful acts

§8114. Unlawful acts A person is guilty of improper conduct in private investigation if the person commits any of the acts described in this section. Improper conduct in private investigation is a Class D crime.   [PL 2011, c. 366, §46 (NEW).] 1.  Acting without license; false representation.  A person acts without a license or […]

32 §8115. Identification cards; badges prohibited

§8115. Identification cards; badges prohibited 1.  Issuance of identification cards.  The chief shall design and issue to each person licensed under this chapter an identification card featuring a recent photograph of the licensee.   [PL 2011, c. 366, §48 (NEW).] 2.  Use of badges prohibited.  A person licensed under this chapter may not carry or […]