Haw. Code R. § 16-97-2 - Definitions

Current through February, 2022

As used in this chapter:

"Board" means the board of private detectives and guards.

"Detective" means a person licensed under chapter 463, HRS, and this chapter and who for any compensation or consideration obtains information and evidence not readily or publicly accessible with reference to any of the following matters, notwithstanding the fact that other functions and services may also be performed by the same person for fee, hire, or reward:

(1) Crime or wrong done or threatened or assumed to have been done or threatened against the government of the United States of America, or any of its states, territories, or possessions;

(2) The identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any person, association, organization, society, or groups of persons, firms, or corporations;

(3) The credibility of witnesses or other persons;

(4) The whereabouts of missing persons;

(5) The location, disposition, or recovery of lost or stolen property;

(6) The causes and origin of, or responsibility for, fires, accidents, damage, injuries, or losses to persons, firms, associations, or corporations, or to real or personal property;

(7) The affiliation, connection, or relation of any person, firm, or corporation with any organization, society, association, or with any official member or representative thereof;

(8) The conduct, honesty, efficiency, loyalty, or activities of employees, agents, contractors, and subcontractors; or

(9) The securing of evidence to be used before any investigating committee, board of award, board of arbitration, or in any civil or criminal trial.

The terms do not include any lawful activity of any board, body, commission, agency, state, territory, or possession of the United States, or any political subdivision thereof, or any officer or employee employed solely, exclusively, and singlely by an attorney or law firm when engaged in the employer's business; or any person, firm, association, or corporation conducting any investigation solely for its own account.

"Firm" means a sole proprietor, corporation, joint venture, limited liability partnership, limited liability corporation, partnership, association, or any other legal business entity.

"Guard" means a uniformed or nonuniformed person who for compensation, reward, or by employment, is responsible for the safekeeping of a client's person and property within contractually prescribed boundaries, and for observation and reporting relative to the safekeeping of that person or property. This includes companies that respond to alarms by sending out employees or assistants to physically safeguard and secure the premise or property. "Guard" includes individuals, persons, corporations, partnerships, or agencies who provide guard services to associations of apartment owners, provided an employer-employee relationship does not exist between the association of apartment owners and the individual guarding the property. Association of apartment owners means all of the apartment owners acting in accordance with the association's bylaws and declaration.

The term does not include a person employed solely by an employer in connection with the affairs of the employer; nor does it include any lawful activity of any board, body, commission, agency, state, territory or possession of the United States, or any political subdivision thereof

"Principal detective" means the licensed private detective designated as the detective agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees, and for insuring compliance with chapter 463, HRS, and this chapter.

"Principal guard" means the licensed guard designated as the guard agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees, and for insuring compliance with chapter 463, HRS, and this chapter.

"Private detective or guard agency" or "agency" means a licensed firm engaged in the private detective, investigation, or guard business.

Notes

Haw. Code R. § 16-97-2
[Eff 3/9/64; am 3/9/72; am and ren § 16-97-2, 7/30/81; am and comp 2/18/86; comp 8/25/88; comp 10/23/00; am and comp 3/14/11] (Auth: HRS § 463-3) (Imp: HRS §§ 463-1, 463-3)

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