RS 37:3503

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RS 37:3503

§3503. Definitions

As used in this Chapter, the following terms shall have the meanings ascribed to them unless the context clearly requires otherwise:

(1)"Applicant" means a person who seeks to be examined for licensure or certification by the board.

(2)"Board" means the Louisiana State Board of Private Investigator Examiners within the Department of Public Safety and Corrections.

(3)"Contract private investigator company" means any person engaged in the business of providing, or which undertakes to provide, an investigator on a contractual basis for another person.

(4)"Executive director" means the chief administrative officer of the board.

(5)"Licensee" means any person to whom a license is granted in accordance with the provisions of this Chapter and who may certify the successful completion of the required minimum training for private investigator apprentices.

(6)"Person" means an individual, firm, association, company, partnership, corporation, nonprofit organization, or other legal entity.

(7)"Principal corporate officer" means the president, treasurer, secretary, or comptroller, or any other person who performs functions for the corporation corresponding to those performed by the foregoing officers.

(8)(a) "Private investigator" or "private detective" means any person who holds out to the general public and engages in the business of furnishing or who accepts employment to furnish information or who agrees to make or makes an investigation for the purpose of obtaining information with reference to the following:

(i)Crimes or wrongs committed.

(ii)Identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person.

(iii)The location, disposition, or recovery of stolen property.

(iv)The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to properties. However, scientific research laboratories, technical experts, and licensed engineers shall not be included in this definition.

(v)Securing evidence to be used before any court, board, officer, or investigative committee.

(b)This definition shall not include any of the following:

(i)Insurer employees or agents and insurance adjusters or claims agents who make appraisals for the monetary value or settlement of damages or monetary value or settlement of personal injuries.

(ii)An officer or employee of the United States, this state, or any political subdivision of either while such officer or employee is engaged in the performance of his official duties within the course and scope of his employment with the United States, this state, or any political subdivision.

(iii)A person engaged exclusively in the business of obtaining and furnishing information as to the financial rating or credit worthiness of persons.

(iv)An attorney at law licensed to practice in this state and his employees.

(v)Undercover agents working with the United States, this state, or any political subdivision while engaged in the performance of their official duties.

(vi)A person primarily engaged in the business of furnishing confidential information for the purposes of a consumer reporting agency, as defined by the Federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.

(vii)A person licensed by the Louisiana State Board of Private Security Examiners only when investigating at his place of employment during the performance of his duties pursuant to R.S. 37:3272(18).

(viii)A person or corporation which employs persons who do private investigative work in connection with the affairs of such employer exclusively and who have an employer-employee relationship with such employer. Neither such persons or corporations nor their employees shall be required to register or be licensed under this Chapter.

(ix)A person engaged as a professional employment screening consultant conducting a face to face interview with an applicant or candidate for employment.

(x)A certified public accountant licensed to practice in this state and his employees.

(9)"Registrant" means an individual who holds a valid registration card issued by the board.

(10)"Registration card" means the identification card issued by the board to a registrant as evidence that the registrant has met the required minimum qualifications to perform the duties of a private investigator or apprentice.

Acts 1992, No. 245, §2; Acts 1993, No. 972, §1; Acts 1997, No. 784, §1; Acts 1999, No. 675, §1.