No person, firm, or corporation shall operate a private detective business
without first obtaining a license.
In order to be eligible for a license, an applicant must:
A. Be a citizen of the United States or a resident alien;
B. Not have been convicted in any jurisdiction of a felony;
C. Not have had any previous private investigator license
or registration revoked or application for such license or registration denied
by the appropriate authority of any local licensing authority;
D. Not have been declared by any court of competent jurisdiction
incompetent by reason of mental defect or disease unless said court has subsequently
determined that his or her competency has been restored;
E. Not suffer from habitual drunkenness or from narcotics
addiction or dependence;
F. Be of good moral character;
G. Have such experience as has been gained through:
(1) At least five years' experience as an investigator or
as a police officer with a state, county or municipal police department or
with an investigative agency of the United States of America or of any state,
county or municipality; or
(2) Receipt of a degree in criminal justice from an accredited
college or university; or
(3) Employment by a private detective as an investigator
for at least five years; or
(4) Substantially equivalent training or experience.
After an examination of the application and such further inquiry and
investigation as is deemed proper and necessary as to the good character,
competency and integrity of the applicant and the persons named in the application,
the local licensing authority shall as soon as practicable issue a license
in a form prescribed by it to the applicant or notify the applicant of a denial
of the license application. Persons shall file their applications with the
local licensing authority where his/her principal place of business is located.
The local licensing authority shall deny the application for, or renewal
of, license if it finds that the applicant:
A. Has violated any provisions of this chapter or rules
and regulations promulgated hereunder; or
B. In the case of the applicant, commits any act which would disqualify him under §
257-10 below or where such applicant has failed to meet the qualifications of this chapter; or
C. Practices fraud, deceit or misrepresentation; or
D. Makes a material misstatement in the application for
or renewal of a license; or
E. Demonstrates incompetence or untrustworthiness in actions
affecting the conduct of the business required to be licensed under this chapter.
The local licensing authority in approving or denying an application
for a license or renewal thereof shall be as follows:
A. If the application is approved, the local licensing authority
shall issue a license in the form as provided in this chapter;
B. If the application is denied, the local licensing authority
shall notify the applicant or licensee in writing of same and shall state
the reasons for his action;
C. Within 15 days from the receipt of notice the applicant
or licensee may request a hearing in writing;
D. If a request for a hearing is timely received, the local
licensing authority shall set a date for hearing and notify the parties of
the time and place thereof;
E. All hearings shall be held in accordance with the provisions
of Chapter 42-35 of the General Laws.
The licensee shall notify the local licensing authority in writing within
five days of any material change in the information previously furnished or
required to be furnished to the local licensing authority or any occurrence
which could reasonably be expected to affect the licensee's privilege to a
license under this chapter.
Any licensee or private detective shall deliver to the local licensing
authority or its designee a bond with a surety company authorized to do business
in the state of Rhode Island conditioned for the benefit of any person injured
by willful, malicious or wrongful act of the licensee which in the case of
an individual shall be $5,000.
It is unlawful for any person to knowingly commit any of the following:
A. Provide any service required to be licensed under this
chapter without possessing a valid license;
B. Employ any individual to perform the duties of an unarmed
employee or armed employee who has not first complied with all provisions
of this chapter and the regulations in all respects;
C. Falsely represent that a person is the holder of a valid
license;
D. Possess a license or identification card issued to another
person.
Any licensee shall, on notice from the local licensing authority, discontinue
any advertising or the use of any advertisement, seal or card which, in the
opinion of the local licensing authority, may tend to mislead the public.
Failure to comply with any such order of the local licensing authority shall
be cause for revocation of the license.
All felonies which are discovered by persons licensed and registered
under this chapter shall be reported immediately to the Rhode Island State
Police, private investigative unit, or to the local police department where
the crime occurred.
Penalties for violations of this chapter shall be as provided in R.I.G.L.
§ 5-5-21.