Ala. Admin. Code r. 741-X-5-.01 - Professional Standards Of Practice
(1) The licensee shall at all times recognize
the primary obligation to protect the health, safety and welfare of the public
in the performance of the licensee's professional duties.
(2) The licensee shall perform services only
in areas of his/her competence. The following acts or commissions, among
others, may be deemed to be incompetence and be cause for denial, suspension or
revocation of a private investigator's license:
(a) Malpractice - includes but is not limited
to recklessness, or excessive errors or omissions in the licensee's
professional practice.
(b)
Disability - includes but is not limited to mental or physical disability or
addiction to alcohol or drugs as to endanger health, safety and interest of the
public by impairing skill and care in providing professional
services.
(3) In
providing services, the licensee shall take into account all applicable laws
and regulations. The licensee shall not knowingly provide services resulting in
the violation of such laws and regulations.
(4) The licensee shall be completely
objective and truthful in all professional reports, statements, or testimony.
He/she shall include all relevant and pertinent information in such reports,
statements, or testimony.
(5) The
licensee, when serving as an expert or technical witness before any court,
commission, or other tribunal, shall express an opinion only when it is founded
upon adequate knowledge of the facts in issue, upon a background of technical
competence in the subject matter, and upon honest conviction of the accuracy
and propriety of his/her testimony.
(6) Conflicts of Interest:
(a) The licensee shall not accept
compensation (financial or otherwise) from more than one party for services on
or relating to the same investigation, set of circumstances, court case, or
issues unless all interested parties consent in writing after full disclosure
by the licensee.
(b) The licensee
shall avoid all known conflicts of interest with his/her employer or client,
and shall promptly inform his/her employer or client of any business
association, interest, or circumstance which could influence his/her judgment
or the quality of his/her services. When such a conflict is unavoidable, the
licensee shall forthwith disclose the circumstances to his/her employer or
client.
(c) The licensee shall take
reasonable steps to ascertain the existence of potential conflicts of interests
among his/her employers and/or clients. A conflict exists when a private
investigator, because of some personal interest, finds it difficult to devote
himself/herself with loyalty and singleness of purpose to the best interest of
his/her client or employer.
(d) No
licensee shall contact or cause to be contacted any individual under
investigation for the purpose of revealing confidential information to that
individual. Any such contact with a subject being investigated, whether
intentional or unintentional, shall be made a part of the investigative file of
such case.
(7)
Misconduct:
(a) The licensee shall not
knowingly associate with, or permit the use of his/her name or firm name in
business venture by any persona or firm which he/she knows, or has reason to
believe, is engaging in business or professional practice of a fraudulent or
dishonest nature.
(b) The licensee
shall not furnish any services in such a manner as to enable unlicensed persons
to evade the licensure requirements of the Alabama Private Investigation
Regulatory Act.
(c) The licensee
shall not represent, identify, or suggest to anyone that they are associated
with any law enforcement agency.
(d) The licensee shall not bill a client for
services or expenses, which have not been provided or incurred. A complete and
comprehensive itemized statement of services and expenses must be provided to
the client upon request.
(e)
Misrepresentation of qualifications and identity. The licensee shall not
falsify or permit misrepresentation of his or her academic or professional
qualifications. He or she shall not misrepresent or exaggerate his or her
degree of responsibility in or for the subject matter of prior assignments.
Brochures or other presentations incident to the solicitation of associates,
joint ventures, or his or her past accomplishments with the intent and purpose
of enhancing his or her qualifications.
(f) A licensee may be deemed by the Board to
be guilty of misconduct in his/her professional practice if:
1. He/she is convicted in a court of
competent jurisdiction of a felony; or misdemeanor, which the Board finds
reflects unfavorably on the licensee's fitness for licensure;
2. His/her license or certificate of
registration to practice private investigations in another jurisdiction is
revoked, suspended or voluntarily surrendered as a result of disciplinary
proceedings.
(8) Confidential Client Information:
(a) A licensee shall not disclose any
confidential client information without the specific consent of the
client.
(b) The rule shall not be
construed to:
1. Affect in any way the
licensee's obligation to comply with a validly issued and enforceable subpoena
or summons.
2. Prohibit review of a
licensee's professional practice by the Alabama Private Investigation
Board.
3. Prohibit a licensee from
utilizing any such relevant information in the defense of a claim asserted
against a licensee.
Notes
Author: The Alabama Private Investigation Board
Statutory Authority: Code of Ala. 1975, ยงยง 34-25B-1 through 34-25B-29.
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