DEPARTMENT OF REGULATORY AGENCIES
OFFICE OF PRIVATE INVESTIGATOR VOLUNTARY LICENSURE
4 CCR 746-1
RULES AND REGULATIONS
Table of Contents
CHAPTER 1 – APPLICATION FOR VOLUNTARY LICENSURE ....................................................................1
CHAPTER 2 – EXPERIENCE AND EDUCATION REQUIREMENTS ..............................................................2
2.1
VERIFIABLE APPLICABLE EXPERIENCE ........................................................................................... 2
2.2
VERIFIABLE APPLICABLE EXPERIENCE AND EDUCATION REQUIREMENTS.................................... 2
2.3
MILITARY SERVICE ......................................................................................................................... 3
CHAPTER 3 – REPORTING REQUIREMENTS ..........................................................................................3
3.1
REPORTING CRIMINAL CONVICTIONS, JUDGMENTS AND ADMINISTRATIVE PROCEEDINGS ....... 3
CHAPTER 4 – CONTINUING DUTY TO REPORT INFORMATION ..............................................................5
CHAPTER 5 – REINSTATEMENT OF EXPIRED LICENSE ............................................................................5
CHAPTER 6 – DECLARATORY ORDERS..................................................................................................5
CHAPTER 7 – FINE SCHEDULE ..............................................................................................................8
DEPARTMENT OF REGULATORY AGENCIES
OFFICE OF PRIVATE INVESTIGATOR VOLUNTARY LICENSURE
4 CCR 746-1
RULES AND REGULATIONS
BASIS
These rules are promulgated and adopted by the Director of the Division of Registrations
pursuant to §12-58.5-106, C.R.S.
PURPOSE
These rules are adopted to implement the Director’s authority to license persons as private
investigators and to set forth the requirements for being so licensed.
CHAPTER 1 – APPLICATION FOR VOLUNTARY LICENSURE
1.1
An applicant for registration must:
A.
Submit a completed application for licensure on forms and in the manner prescribed by
the Director;
B.
Submit with the application all fees established by the Director pursuant to §12-58.5105(1), C.R.S.;
C.
Sign an attestation that the information in the application is true and correct to the best
of the applicant's knowledge and belief;
D.
Undergo a fingerprint-based criminal history background check completed in
accordance with procedures set forth by the Director;
E.
Sign an attestation that the applicant has knowledge and understanding of the statutes
and rules affecting the ethics and activities of Licensed Private Investigators in this state
as required by Section 12-58.5-105 C.R.S.;
F.
Submit an affidavit of verifiable experience or education and experience as described in
Chapter 2; and
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G.
Provide a current email address for the licensee or a letter explaining why the licensee
cannot provide an email address; and
H.
A signed attestation that any business entity registered, by the applicant, with the
Secretary of State is in good standing.
1.2
An application is deemed received on the date that it is date-stamped as received by the
Division of Registration (“application receipt date”). An application for a license
submitted without all required fees and documentation will be considered incomplete.
Incomplete applications will be retained for one (1) year from the application receipt
date, after which applicants shall be required to begin the application process again
including payment of the application fee. The Director will not consider or review an
incomplete application.
CHAPTER 2 – EXPERIENCE AND EDUCATION REQUIREMENTS
2.1
VERIFIABLE APPLICABLE EXPERIENCE
A.
An applicant may be issued a license as a private investigator when the applicant has
obtained 4,000 hours of experience in investigative work in areas described in §12-58.5103(5), including experience gained while employed in the positions described in §§ 1258.5-103(6)(b)(IV), and 12-58.5-103(6)(b)(VII), C.R.S. not more than 5 years prior to the
application receipt date. The 4,000 hours of experience may include not more 400
hours of training specifically related to investigative work.
B.
Experience gained while engaged in the activities or positions described in §12-2-58.5103(6)(b), C.R.S. shall not qualify as applicable experience for licensure except as
described in 2.1.A above.
C.
Hours of qualifying experience and training and the precise nature of that experience
and training shall be substantiated in a manner prescribed by the Director and shall be
subject to independent verification.
2.2
VERIFIABLE APPLICABLE EXPERIENCE AND EDUCATION REQUIREMENTS
A.
An applicant may be issued a license as a private investigator when the applicant has
obtained, at a minimum, an associate degree from an accredited college or university
and 2,000 hours of experience in investigative work as described in Rule 2.1.
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B.
An applicant shall provide the name and address of the accredited college or university
along with the date the degree was obtained on the application. The applicant may be
required to provide additional information regarding the degree, including an official
transcript or grade card, in a manner prescribed by the Director.
C.
A college or university will be considered to be an "accredited college or university"
under 2.2.A. above if the college or university is deemed accredited by a nationally
recognized accrediting agency.
2.3
MILITARY SERVICE
Education, training, or service gained in military service as outlined in §24-34-102(8.5),
C.R.S. may be accepted and applied towards receiving a license, if it is determined by
the Director to be substantially equivalent to the qualifications otherwise applicable at
the time of receipt of the application. It is the applicant’s responsibility to provide timely
and complete evidence for review and consideration. Satisfactory evidence of such
education, training, or service will be assessed on a case by case basis.
CHAPTER 3 – REPORTING REQUIREMENTS
3.1
REPORTING CRIMINAL CONVICTIONS, JUDGMENTS AND ADMINISTRATIVE
PROCEEDINGS
A Licensee shall notify the Director, in a manner prescribed by the Director, within 30 days of
any of the following events:
A.
The conviction of the licensee under the laws of any state, territory, or insular
possession of the United States and the District of Columbia, or of the United States or
any foreign jurisdiction, of a felony or of any offense, the underlying factual basis of
which has been found by the court to involve unlawful sexual behavior, domestic
violence, or stalking, or of violation of a protection order. For the purposes of these
rules a guilty verdict, a plea of guilty, including a deferred judgment and sentence, or a
plea of nolo contendere accepted by the court is considered a conviction.
B.
Imposition of discipline upon the licensee by another jurisdiction that regulates private
investigators. Such discipline includes, but is not limited to, a citation, fine, sanction,
probation, civil penalty, or a denial, suspension, revocation, or modification of a license
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or registration whether it is imposed by consent decree, order, or other decision, for any
cause other than failure to pay a license or registration fee by the due date.
C.
The notice to the Director shall include the following information:
1.
If the event is an action by a governmental entity: (1) the name of the entity; (2)
its jurisdiction; (3) the case name; (4) the docket, proceeding, or case number by
which the matter is designated; (5) a description of the matter or a copy of the
document initiating the action or proceeding, and (6) if the matter has been
decided or settled, a copy of the consent decree, order or decision;
2.
If the event is a felony conviction or other offense adjudicated by a court: (1) the
court; (2) its jurisdiction; (3) the case name; (4) the case number; (5) a copy of
the indictment or charges; and (6) any plea or verdict entered by the court;
3.
a.
The licensee shall also provide to the Director a copy of the imposition of
sentence related to the felony or other offense.
b.
The licensee shall provide the Director a copy of court documents
showing completion of all terms of any sentence imposed within 90 days
of such completion.
The licensee providing notification to the Director pursuant to this Chapter 3
may also submit a written explanatory statement with the notice to be included
with the licensee’s records.
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CHAPTER 4 – CONTINUING DUTY TO REPORT INFORMATION
4.1
NOTICES FROM LICENSEES
A.
Address and Name Changes
1.
Licensed Private Investigators shall notify the Director of any name, address,
telephone, or email change within 30 days of the change in a manner prescribed
by the Director. The Director will not change the licensee’s information without
explicit notification in the manner prescribed by the Director.
2.
One of the following forms of documentation is necessary to change a name or
correct a social security number:
a.
Marriage license;
b.
Divorce decree;
c.
Court order; or
d.
A driver’s license or social security card with a second form of
identification may be acceptable at the discretion of the Director.
CHAPTER 5 – REINSTATEMENT OF EXPIRED LICENSE
5.1
An applicant seeking reinstatement of an expired license shall complete a reinstatement
application and pay a reinstatement fee.
5.2
If the license has been expired more than two years, an applicant must also provide an
affidavit of experience as described in Chapter 2 demonstrating that the applicant has
obtained a minimum of 1600 hours of qualifying experience within the two years
immediately preceding the application receipt date.
CHAPTER 6 – DECLARATORY ORDERS
The purpose of this rule is to establish procedures for the handling of requests for declaratory
orders filed pursuant to the Colorado Administrative Procedures Act § 24-4-105(1), C.R.S.
6.1
Any person or entity may petition the Director for a declaratory order to terminate
controversies or remove uncertainties as to the applicability of any statutory provision
or of any rule or order of the Director.
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6.2
The Director will determine, in the Director’s discretion and without notice to petitioner,
whether to rule upon any such petition. The Director shall promptly notify the
petitioner of the Director’s action and state the reasons for such action.
6.3
In determining whether to rule upon a petition filed pursuant to this rule, the Director
will consider the following matters, among others:
A.
Whether a ruling on the petition will terminate a controversy or remove uncertainties.
B.
Whether the petition involves any subject, question or issue which is the subject of a
formal or informal matter or investigation currently pending before the Director or a
court involving one or more of the petitioners.
C.
Whether the petition involves any subject, question or issue which is the subject of a
formal or informal matter or investigation currently pending before the Director or a
court but not involving any petitioner.
D.
Whether the petition seeks a ruling on a moot or hypothetical question or will result in
an advisory ruling or opinion.
E.
Whether the petitioner has some other adequate legal remedy, other than an action for
declaratory relief pursuant to Rule 57, Colorado Rules of Civil Procedure, which will
terminate the controversy or remove any uncertainty as to the applicability to the
petitioner of the statute, rule or order in question.
6.4
Any petition filed pursuant to this rule shall set forth the following:
A.
The name and address of the petitioner and whether the petitioner is licensed pursuant
to Title 12, Article 58.5.
B.
The statute, rule or order to which the petition relates.
C.
A concise statement of all of the facts necessary to show the nature of the controversy
or uncertainty and the manner in which the statute, rule or order in question applies or
potentially applies to the petitioner.
6.5
If the Director determines that the Director will rule on the petition, the following
procedure shall apply:
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A.
B.
The Director may rule upon the petition based solely upon the facts presented in the
petition. In such case:
1.
Any ruling of the Director will apply only to the extent of the facts presented in
the petition and any amendment to the petition.
2.
The Director may order the petitioner to file a written brief, memorandum or
statement of position.
3.
The Director may set the petition, upon due notice to petitioner, for a nonevidentiary hearing.
4.
The Director may dispose of the petition on the sole basis of the matters set
forth in the petition.
5.
The Director may request the petitioner to submit additional facts in writing. In
such event, such additional facts will be considered as an amendment to the
petition.
6.
The Director may take administrative notice of facts pursuant to the State
Administrative procedures Act §24-4-105(8), C.R.S., and may utilize available
experience, technical competence and specialized knowledge in the disposition
of the petition.
7.
If the Director rules upon the petition without a hearing, the Director shall
promptly notify the petitioner of the decision.
The Director may, in the Director’s discretion, set the petition for hearing, upon due
notice to petitioner, for the purpose of obtaining additional facts or information or to
determine the truth of any facts set forth in the petition or to hear oral argument on the
petition. The notice to the petitioner setting forth such hearing shall set forth, to the
extent known, the factual or other matters into which the Director intends to inquire.
For the purpose of such a hearing, to the extent necessary, the petitioner shall have the
burden of proving all of the facts stated in the petition, all of the facts necessary to show
the nature of the controversy or uncertainty and the manner in which the statute, rule
or order in question applies or potentially applies to the petitioner and any other facts
the petitioner desires the Director to consider.
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6.6
The parties to any proceeding pursuant to this rule shall be the Director and the
petitioner. Any other person may seek leave of the Director to intervene in such a
proceeding, and leave to intervene will be granted at the sole discretion of the Director.
A petition to intervene shall set forth the same matters as required in section 3.4 of this
chapter. Any reference to a “petitioner” in this rule also refers to any person who has
been granted leave to intervene by the Director.
6.7
Any declaratory order or other order disposing of a petition pursuant to this rule shall
constitute final agency action subject to judicial review pursuant to § 24-4-106, C.R.S.
CHAPTER 7 – FINE SCHEDULE
7.1
A Licensed Private Investigator violating any provision of Article 58.5 of Title 12, or these
rules may be fined up to one thousand dollars for a first violation proven by the
Director, up to two thousand dollars for a second violation proven by the Director, and
up to three thousand dollars for a third or subsequent violation proven by the Director.
Such fines may be imposed in addition to and concurrent with any other penalty
imposed by the Director.
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