440.26 Private detectives, investigators and security personnel; licenses and permits.

924 words·~4 min read·/wi/chapter-440/440-26-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)License or permit required.

(a)No person may do any of the following unless he or she has a license or permit issued under this section:

1. Advertise, solicit or engage in the business of operating a private detective agency.

2. Act as a private detective, investigator, special investigator or private security person.

3. Act as a supplier of private security personnel.

4. Solicit business or perform any other type of service or investigation as a private detective or private security person.

11. Receive any fees or compensation for acting as any person, engaging in any business or performing any service specified in subds. 1. to 4.

(b)The department may promulgate rules specifying activities in which a person may engage without obtaining a license or permit under this section.

(1m)Definition. In this section, “private security person” or “private security personnel” means any private police, guard, or any person who stands watch for security purposes.

(2)Types of licenses; application; approval.

(a)Types of licenses. The department may do any of the following:

1. Issue a private detective agency license to an individual, partnership, limited liability company or corporation that meets the qualifications specified under par.

(c). The department may not issue a license under this subdivision unless the individual or each member of the partnership or limited liability company or officer or director of the corporation who is actually engaged in the work of a private detective is issued a private detective license under this section.

2. Issue a private detective license to an individual who meets the qualifications specified under par.

(c)if the individual is an owner, co-owner or employee of a private detective agency required to be licensed under this section.

(b)Applications. The department shall prescribe forms for original and renewal applications. A partnership or limited liability company application shall be executed by all members of the partnership or limited liability company. A corporate application shall be executed by the secretary and the president or vice president and, in addition, in the case of a foreign corporation, by the registered agent.

(c)Approval.

1. Subject to subds. 2. and 3. , the department shall prescribe, by rule, such qualifications as it deems appropriate, with due regard to investigative experience, special professional education and training and other factors bearing on professional competence.

2. An individual who has been convicted in this state or elsewhere of a felony and who has not been pardoned for that felony is not eligible for a license under this section.

3. The department may not issue a license under this section to an individual unless the individual is over 18 years of age.

4. The department, in considering applicants for license, shall seek the advice of the appropriate local law enforcement agency or governmental official, and conduct such further investigation, as it deems proper to determine the competence of the applicant.

5. The department may, based on rules adopted by the department, refuse to issue a license under this section to an individual who has committed any of the acts described in sub.

(a)1. to 5.

(3)Issuance of licenses; fees. Upon receipt and examination of an application executed under sub.

(2), and after any investigation that it considers necessary, the department shall, if it determines that the applicant is qualified, grant the proper license upon payment of the initial credential fee determined by the department under s. 440.03

(a). No license shall be issued for a longer period than 2 years, and the license of a private detective shall expire on the renewal date of the license of the private detective agency, even if the license of the private detective has not been in effect for a full 2 years. Renewals of the original licenses issued under this section shall be issued in accordance with renewal forms prescribed by the department and shall be accompanied by the applicable fees specified in s. 440.08 or determined by the department under s. 440.03

(a). The department may not renew a license unless the applicant provides evidence that the applicant has in force at the time of renewal the bond or liability policy specified in this section.

(3m)Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in 15 USC 5902

(b)and shall allow all of the following:

(a)A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm if s. 941.23

(g)2. to 5. and

(b)1. to 3. applies.

(am)A person who is certified as a tactical emergency medical services professional under s. 165.85

(3)to carry a concealed firearm.

(b)A qualified out-of-state law enforcement officer, as defined in s. 941.23

(g), to carry a concealed firearm if s. 941.23

(b)1. to 3. applies.

(c)A former officer, as defined in s. 941.23

(c), to carry a concealed firearm if s. 941.23

(d)A licensee, as defined in s. 175.60

(d), or an out-of-state licensee, as defined in s. 175.60

(g), to carry a concealed weapon as permitted under s. 175.60 .