Each person who engages in the operation of a bail enforcement,
private investigation, or private security business in this state shall be
licensed prior to such activity. Each business requires a separate license. For
a license to be valid, the business shall have at least one current valid
licensee who is a director, officer, partner or person who is involved in the
business in Iowa.
(1)
Application for licenses-generally. Anyone who wishes to be
considered for a bail enforcement, private investigative or private security
license should contact the program services bureau as indicated in rule
661-121.1 (80A) and request
application information.
(2)
Jurisdiction. Any private investigative, private security, or
bail enforcement business shall be licensed in Iowa if it is conducting
business in Iowa. The
department will consider the following factors when
determining jurisdiction:
a. Whether the
private investigative, private security, or bail enforcement business has an
office or place of business in Iowa, is organized in Iowa, or conducts business
in Iowa.
b. Whether services are
provided to a client who resides in Iowa, is organized in Iowa, has an office
or place of business in Iowa, provided that some of the services are conducted
in Iowa.
c. Types of activities
that are viewed as demonstrating jurisdiction in Iowa include, but are not
limited to, the following:
(1) A private
investigation business conducts an investigation that occurs entirely or
partially in Iowa.
(2) A private
investigation business investigates a criminal, civil, or administrative case
that originates or is filed in Iowa.
(3) A private security business conducts
security at any location in Iowa.
(4) A bail enforcement business takes into
custody, or attempts to take into custody, a defendant in an Iowa criminal
case.
(5) A business provides
bodyguard service to a person who resides in or regularly does business in
Iowa.
(6) A business provides
armored car service to a client who resides in or does business in Iowa, if
part of the services are conducted in Iowa.
d. Types of activities that are not, by
themselves, viewed as demonstrating jurisdiction in Iowa include, but are not
limited to, the following:
(1) A
non-Iowa-based private investigation business works on a criminal, civil, or
administrative case that originates and is filed in another state, but that
contains some investigative elements in Iowa.
(2) A non-Iowa-based business provides
bodyguard service to a client who does not reside in Iowa and only occasionally
does business in Iowa.
(3) A bail
enforcement business takes into custody, or attempts to take into custody, a
defendant in a criminal case filed in another state.
e. The fact that a business uses the Internet
to retrieve public record information from Iowa databases does not, absent
other factors, establish jurisdiction in Iowa.
(3)
Forms. An
applicant for
a license or identification card shall execute forms provided by the
department. These forms must be submitted to the
commissioner and will not be
processed unless complete. The forms used in the administration of this chapter
are as follows:
a. Application for Bail
Enforcement Agency License, Private Investigative Agency License and/or Private
Security Agency License, Form #PD1.
b. Identification Card Application for:
Private Investigator/Private Security Guard/Bail Enforcement Agent, Form
#PD2.
c. Application for License
Renewal, Form #PD3.
d. FBI
Fingerprint Card, Form #FD-258.
e.
Limited Liability Company, Form #PD5.
f.License Surety Bond, Form #PD6.
g. Corporate Information, Form
#PD7.
h. Identification Card, Form
#PD8.
(4)
Application requirements. An
applicant for a license as a bail
enforcement agency,
private investigative agency or
private security agency
must submit the following to complete the application process:
a. A completed Application for Bail
Enforcement Agency License,
Private Investigative Agency License and/or
Private
Security Agency License (Form #PD1) for each individual.
With respect to an applicant who is a corporation, Form #PD1
must be completed by each officer or director who is actively involved in the
licensed business in Iowa.
With respect to an applicant who is a partnership or
association, Form #PD1 must be completed by each partner or association
member.
b. Two completed
Fingerprint Cards (Form #FD-258) and the associated processing fees for each
individual identified in paragraph"a " of this
subrule.
c. A completed surety bond
form (Form #PD6) issued by a surety company authorized to do business in this
state.
d. If the applicant is a
corporation, a completed Corporate Information form (Form #PD7).
e. Two 1" x 1" color photographs of the head
and shoulders of each individual identified in paragraph"a "
of this subrule, taken not more than one year prior to application.
f.A fee of $100 for each agency license
requested, plus $10 for each application form for an employee identification
card (Form #PD2) requested pursuant to this subrule.
g. Proof of financial
responsibility.
h. Pictures,
photocopies or physical descriptions of all uniforms, hats, badges, and
insignia to be used by the private security agency.
(5)
Abandonment of
applications. If an applicant for an agency license fails to complete
the application within six months after it has been filed, the application
shall be deemed abandoned. Any application submitted subsequent to the
abandonment of a former application shall be treated as a new application, and
must be filed in accordance with subrule 121.4(4).
(6)
Proof of financial
responsibility. Proof of financial responsibility shall be given by
filing a certificate of insurance from a licensed insurance company
demonstrating coverage for general liability, completed operations and personal
injury. Personal injury insurance shall include coverage for the following
groups of offenses:
a. False arrest,
detention, or imprisonment, or malicious prosecution.
b. Libel, slander, defamation or violation of
rights of privacy.
c. Wrongful
entry or eviction or other invasion of rights of private occupancy.
The certificate shall provide that the insurance shall not be
modified or canceled unless 30 days' prior notice is given to the department.
Licensees shall have no more than 30 days following any specified expiration
dates to comply with insurance requirements. The license shall be automatically
revoked if the licensee has not complied with the certificate of insurance
requirement within the 30 days.
EXCEPTION: Current licensees who have provided proof of
financial responsibility by filing an irrevocable letter of credit as of May
1,2003, shall be allowed to continue using that means of providing proof of
financial responsibility as long as their license remains continuously valid or
until such proof is replaced by liability insurance. Licensees who provide
proof of financial responsibility pursuant to this exception shall continue to
meet the applicable requirements established in subrule 121.4(5) prior to May
1, 2003.
(7)
Mandatory examinee. Rescinded IAB 5/25/05, effective
5/1/05.
(8)
Application for
examination. Rescinded IAB 5/25/05, effective 5/1/05.
(9)
Time and place of
examination. Rescinded IAB 5/25/05, effective 5/1/05.
(10)
Reexaminations.
Rescinded IAB 5/25/05, effective 5/1/05.
