§463-6  Private detectives and detective agencies; qualifications for license.  (a)  The board may grant a private detective license to any suitable individual, or a detective agency license to any suitable firm making written application therefor.  The applicant, if an individual, or the principal detective of a firm shall:

     (1)  Be not less than eighteen years of age;

     (2)  Have had a high school education or its equivalent;

     (3)  Have had experience reasonably equivalent to at least four years of full-time investigational work;

     (4)  Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;

     (5)  Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the applicant to engage in the profession, unless the conviction has been annulled or expunged by court order; and

     (6)  Possess a history of honesty, truthfulness, financial integrity, and fair dealing.

A firm applying for a detective agency license shall have in its employ an individual who is licensed as a private detective and who shall be designated as the principal detective for the firm, and shall provide a bond as required under section 463-12.

     (b)  A detective agency may employ as many agents, operatives, and assistants in an investigative capacity and as necessary for the conduct of business; provided that the principal detective shall be held responsible for, and have direct management and control of, the agency and the agency's employees while they are acting within the scope and purpose of the detective agency's business.  These employees shall not be required to have private detective licenses, and shall:

     (1)  Have had an eighth grade education or its equivalent;

     (2)  Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;

     (3)  Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the employee to engage in the profession, unless the conviction has been annulled or expunged by court order; and

     (4)  Be registered with the board upon employment with the agency.

The employer, with the written authorization of the employee, shall conduct a criminal history records check of all new employees employed in an investigative capacity directly through the Hawaii criminal justice data center upon certification to the board that the signature on the authorization is authentic. [L 1961, c 77, pt of §1; am L 1965, c 35, §1; Supp, §165A-6; HRS §463-6; am L 1974, c 21, §2 and c 205, §2(23); am L 1983, c 40, §3; am L 1987, c 57, §3; am L 1994, c 122, §3; am L 2004, c 94, §5]

Cross References

  Hawaii criminal justice data center, see chapter 846.