REPRESENTATIVE Schaffer

To amend sections 109.75, 109.78, 4749.01, 4749.02,

1

4749.03 to 4749.06, 4749.08, 4749.11 to 4749.14,

2

and 4749.99 to enact section 4749.061, and to

3

repeal section 4749.10 of the Revised Code to make

4

changes in the licensing requirements concerning

5

private investigators and security guards and to

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transfer the duties under these areas currently

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held by the Director of Commerce to the

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Superintendent of Real Estate and Professional

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Licensing.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 109.75, 109.78, 4749.01, 4749.02,	11
4749.03, 4749.04, 4749.05, 4749.06, 4749.08, 4749.11, 4749.12,	12
4749.13, 4749.14, and 4749.99 be amended and section 4749.061 of	13
the Revised Code be enacted to read as follows:	14

Sec. 109.75.  The executive director of the Ohio peace	15
officer training commission, on behalf of the commission, shall	16
have the following powers and duties, which shall be exercised	17
with the general advice of the commission and only in accordance	18
with section 109.751 of the Revised Code and the rules adopted	19
pursuant to that section, and with the rules adopted by the	20
attorney general pursuant to sections 109.74, 109.741, 109.742,	21
and 109.743 of the Revised Code:	22

(A) To approve peace officer training schools and firearms	23
requalification programs administered by the state, counties,	24
municipal corporations, and the department of natural resources,	25
to issue certificates of approval to approved schools, and to	26
revoke an approval or certificate;	27

(B) To certify, as qualified, instructors at approved peace	28
officer training schools, to issue appropriate certificates to	29
these instructors, and to revoke for good cause shown certificates	30
of these instructors;	31

(C) To certify, as qualified, commanders at approved peace	32
officer training schools, to issue appropriate certificates to	33
these commanders, and to revoke for good cause shown certificates	34
of these commanders. As used in this division, "commander" means	35
the director or other head of an approved peace officer training	36
school.	37

(D) To certify peace officers and sheriffs who have	38
satisfactorily completed basic training programs and to issue	39
appropriate certificates to these peace officers and sheriffs;	40

(E) To cause studies and surveys to be made relating to the	41
establishment, operation, and approval of state, county, and	42
municipal peace officer training schools;	43

(F) To consult and cooperate with state, county, and	44
municipal peace officer training schools for the development of	45
advanced in-service training programs for peace officers;	46

(G) To consult and cooperate with universities, colleges,	47
and institutes for the development of specialized courses of study	48
in the state for peace officers in police science and police	49
administration;	50

(H) To consult and cooperate with other departments and	51
agencies of the state and federal government concerned with peace	52
officer training;	53

(I) To perform any other acts that may be necessary or	54
appropriate to carry out the executive director's powers and	55
duties as set forth in sections 109.71 to 109.77 of the Revised	56
Code;	57

(J) To report to the commission at each regular meeting of	58
the commission and at any other times that the councilcommission	59
may require;	60

(K) To certify persons who have satisfactorily completed	61
approved training programs for correction officers in full-service	62
jails, five-day facilities, or eight-hour holding facilities or	63
approved training programs for others who provide correction	64
services in those jails or facilities and to issue appropriate	65
certificates to those persons;	66

(L) To certify and to recertify persons who have	67
satisfactorily completed approved training programs for private	68
investigators or security guards as prescribed by the commission	69
and to issue appropriate certificates to those persons.	70

Sec. 109.78.  (A) The executive director of the Ohio peace	71
officer training commission, on behalf of the commission and in	72
accordance with rules promulgated by the attorney general, shall	73
certify persons who have satisfactorily completed approved	74
training programs designed to qualify persons for positions as	75
special police, security guards, or persons otherwise privately	76
employed in a police capacity and issue appropriate certificates	77
to such persons. Application for approval of a training program	78
designed to qualify persons for such positions shall be made to	79
the commission. An application for approval shall be submitted to	80
the commission with a fee of one hundred twenty-five dollars,	81
which fee shall be refunded if the application is denied. Such	82
programs shall cover only duties and jurisdiction of such security	83
guards and special police privately employed in a police capacity	84
when such officers do not qualify for training under section	85
109.71 of the Revised Code. A person attending an approved basic	86
training program administered by the state shall pay to the agency	87
administering the program the cost of the person's participation	88
in the program as determined by the agency. A person attending an	89
approved basic training program administered by a county or	90
municipal corporation shall pay the cost of the person's	91
participation in the program, as determined by the administering	92
subdivision, to the county or the municipal corporation. A person	93
who is issued a certificate for satisfactory completion of an	94
approved basic training program shall pay to the commission a fee	95
of fifteen dollars. A duplicate of a lost, spoliated, or	96
destroyed certificate may be issued upon application and payment	97
of a fee of fifteen dollars. Such certificate or the completion	98
of twenty years of active duty as a peace officer shall satisfy	99
the educational requirements for appointment or commission as a	100
special police officer or special deputy of a political	101
subdivision of this state.	102

(B)(1) The executive director of the Ohio peace officer	103
training commission, on behalf of the commission and in accordance	104
with rules promulgated by the attorney general, shall certify	105
basic firearms training programs, and shall issue certificates to	106
class A, B, or C licensees or prospective class A, B, or C	107
licensees under Chapter 4749. of the Revised Code and to	108
registeredregistrants or prospective employeesregistrants of	109
such class A, B, or C licensees who have satisfactorily completed	110
a basic firearms training program of the type described in	111
division (A)(1) of section 4749.10 of the Revised Codeas	112
prescribed by the commission.	113

Application for approval of a basic firearms training program	114
shall be made to the commission. An application shall be	115
submitted to the commission with a fee of one hundred dollars,	116
which fee shall be refunded if the application is denied.	117

A person who is issued a certificate for satisfactory	118
completion of an approved basic firearms training program shall	119
pay a fee of ten dollars to the commission. A duplicate of a	120
lost, spoliated, or destroyed certificate may be issued upon	121
application and payment of a fee of five dollars.	122

(2) The executive director, on behalf of the commission and	123
in accordance with rules promulgated by the attorney general, also	124
shall certify firearms requalification training programs and	125
instructors for the annual requalification of class A, B, or C	126
licensees under Chapter 4749. of the Revised Code and registered	127
registrants or prospective employeesregistrants of such class A,	128
B, or C licensees who are authorized to carry a firearm under	129
division (D) of section 4749.104749.06 of the Revised Code.	130
Application for approval of a training program or instructor for	131
such purpose shall be made to the commission. Such an application	132
shall be submitted to the commission with a fee of fifty dollars,	133
which fee shall be refunded if the application is denied.	134

(3) The executive director, upon request, also shall review	135
firearms training received within three years prior to November	136
23, 1985, by any class A, B, or C licensee or prospective class A,	137
B, or C licensee, or by any registeredregistrant or prospective	138
employeeregistrant of any class A, B, or C licensee under Chapter	139
4749. of the Revised Code to determine if the training received is	140
equivalent to a basic firearms training program that includes	141
twenty hours of handgun training and five hours of training in the	142
use of other firearms, if any other firearm is to be used. If the	143
executive director determines the training was received within the	144
three-year period and that it is equivalent to such a program, the	145
executive director shall issue written evidence of approval of the	146
equivalency training to the licensee or employee.	147

(C) There is hereby established in the state treasury the	148
peace officer private security fund, which shall be used by the	149
Ohio peace officer training commission to administer the training	150
program to qualify persons for positions as special police,	151
security guards, or other private employment in a police capacity,	152
as described in division (A) of this section, and the training	153
program in basic firearms and the training program for firearms	154
requalification, both as described in division (B) of this	155
section. All fees paid to the commission by applicants for	156
approval of a training program designed to qualify persons for	157
such private police positions, basic firearms training program, or	158
a firearms requalification training program or instructor, as	159
required by division (A) or (B) of this section, by persons who	160
satisfactorily complete a private police training program or a	161
basic firearms training program, as required by division (A) or	162
(B) of this section, or by persons who satisfactorily requalify in	163
firearms use, as required by division (B)(2)(D) of section 4749.10	164
4749.06 of the Revised Code, shall be transmitted to the treasurer	165
of state for deposit in the fund. The fund shall be used only for	166
the purpose set forth in this division.	167

(D) No public or private educational institution or	168
superintendent of the state highway patrol shall employ a person	169
as a special police officer, security guard, or other position in	170
which such person goes armed while on duty, who has not received a	171
certificate of having satisfactorily completed an approved basic	172
peace officer training program, unless the person has completed	173
twenty years of active duty as a peace officer.	174

Sec. 4749.01.  As used in this chapter:

175

(A) "Private investigator" means any person who engages in	176
the business of private investigation.	177

(B) "Business of private investigation" means, except when	178
performed by one excluded under division (H) of this section, the	179
conducting, for hire, in person or through a partner or employees,	180
of any investigation relevant to any crime or wrong done or	181
threatened, or to obtain information on the identity, habits,	182
conduct, movements, whereabouts, affiliations, transactions,	183
reputation, credibility, or character of any person, or to locate	184
and recover lost or stolen property, or to determine the cause of	185
or responsibility for any libel or slander, or any fire, accident,	186
or damage to property, or to secure evidence for use in any	187
legislative, administrative, or judicial investigation or	188
proceeding.	189

(C) "Security guard provider" means any person who engages in	190
the business of security services.	191

(D) "Business of security services" means either of the	192
following:	193

(1) Furnishing, for hire, watchmenwatchpersons, guards,	194
private patrolmenpatrol officers, or other persons whose primary	195
duties are to protect persons or property;	196

(2) Furnishing, for hire, guard dogs, or armored motor	197
vehicle security services, in connection with the protection of	198
persons or property.	199

(E) "Class A license" means a license issued under section	200
4749.03 of the Revised Code that qualifies the person issued the	201
license to engage in the business of private investigation and the	202
business of security services.	203

(F) "Class B license" means a license issued under section	204
4749.03 of the Revised Code that qualifies the person issued the	205
license to engage only in the business of private investigation.	206

(G) "Class C license" means a license issued under section	207
4749.03 of the Revised Code that qualifies the person issued the	208
license to engage only in the business of security services.	209

(H) "Private investigator," "business of private	210
investigation," "security guard provider," and "business of	211
security services" do not include:	212

(1) Public officers and employees whose official duties	213
require them to engage in investigatory or security activities;	214

(2) Attorneys at law or any expertperson hired by an	215
attorney at law for legal consultation or litigation purposes;	216

(3) A consumer reporting agency, as defined in the "Fair	217
Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a, as	218
amended, provided that the consumer reporting agency is in	219
compliance with the requirements of that act and that the agency's	220
activities are confined to any of the following:	221

(a) The issuance of consumer credit reports;

222

(b) The conducting of limited background investigations that	223
pertain only to a client's prospective tenant and that are engaged	224
in with the prior written consent of the prospective tenant;	225

(c) The business of pre-employment background investigation.	226
As used in division (H)(3)(c) of this section, "business of	227
pre-employment background investigation" means, and is limited to,	228
furnishing for hire, in person or through a partner or employees,	229
the conducting of limited background investigations, in-person	230
interviews, telephone interviews, or written inquiries that	231
pertain only to a client's prospective employee and the employee's	232
employment and that are engaged in with the prior written consent	233
of the prospective employee.	234

(4) Certified public insurance adjusters that hold a	235
certificate of authority issued pursuant to sections 3951.01 to	236
3951.09 of the Revised Code, while the adjuster is investigating	237
the cause of or responsibility for a fire, accident, or other	238
damage to property with respect to a claim or claims for loss or	239
damage under a policy of insurance covering real or personal	240
property;	241

(5) Personnel placement services licensed under Chapter	242
4143. of the Revised Code and persons who act as employees of such	243
entities engaged in investigating matters related to personnel	244
placement activities;	245

(6) An employee in the regular course of the employee's	246
employment, engaged in investigating matters pertinent to the	247
business of his or herthe employee's employer or protecting	248
property in the possession of his or herthe employee's employer,	249
provided the employer is deducting all applicable state and	250
federal employment taxes on behalf of the employee and neither the	251
employer nor the employee is employed by, associated with, or	252
acting for or on behalf of any private investigator or security	253
guard provider;	254

(7) Any better business bureau or similar organization or	255
any of its employees while engaged in the maintenance of the	256
quality of business activities relating to consumer sales and	257
services;	258

(8) An accountant who is registered or certified under	259
Chapter 4701. of the Revised Code or any of the accountant's	260
employees while engaged in activities for which the accountant is	261
certified or registered;	262

(9) Any person who, for hire or otherwise, conducts	263
genealogical research in this state.	264

As used in division (H)(9) of this section, "genealogical	265
research" means the determination of the origins and descent of	266
families, including the identification of individuals, their	267
family relationships, and the biographical details of their lives.	268
"Genealogical research" does not include furnishing for hire	269
services for locating missing persons or natural or birth parents	270
or children.	271

(10) Any person residing in this state who conducts research	272
for the purpose of locating the last known owner of unclaimed	273
funds, provided that the person is in compliance with Chapter 169.	274
of the Revised Code and rules adopted thereunder. The exemption	275
set forth in division (H)(10) of this section applies only to the	276
extent that the person is conducting research for the purpose of	277
locating the last known owner of unclaimed funds.	278

As used in division (H)(10) of this section, "owner" and	279
"unclaimed funds" have the same meanings as in section 169.01 of	280
the Revised Code.	281

(11) A professional engineer who is registered under Chapter	282
4733. of the Revised Code or any of his employees.	283

As used in division (H)(11) of this section and	284
notwithstanding division (I) of this section, "employee" has the	285
same meaning as in section 4101.01 of the Revised Code.	286

(12) Any person residing in this state who, for hire or	287
otherwise, conducts research for the purpose of locating persons	288
to whom the state of Ohio owes money in the form of warrants, as	289
defined in division (S) of section 131.01 of the Revised Code,	290
that the state voided but subsequently reissues.	291

(13) An independent insurance adjuster who, as an	292
individual, an independent contractor, an employee of an	293
independent contractor, adjustment bureau association,	294
corporation, insurer, partnership, local recording agent, managing	295
general agent, or self-insurer, engages in the business of	296
independent insurance adjustment, or any person who supervises the	297
handling of claims except while acting as an employee of an	298
insurer licensed in this state while handling claims pertaining to	299
specific policies written by that insurer.	300

As used in division (H)(13) of this section, "independent	301
insurance adjustment" means conducting investigations to determine	302
the cause of or circumstances concerning a fire, accident, bodily	303
injury, or damage to real or personal property; determining the	304
extent of damage of that fire, accident, injury, or property	305
damage; securing evidence for use in a legislative,	306
administrative, or judicial investigation or proceeding, adjusting	307
losses; and adjusting or settling claims, including the	308
investigation, adjustment, denial, establishment of damages,	309
negotiation, settlement, or payment of claims in connection with	310
insurance contractors, self-insured programs, or other similar	311
insurance programs. "Independent adjuster" does not include either	312
of the following:	313

(a) An attorney who adjusts insurance losses incidential	314
incidental to the practice of law and who does not advertise or	315
represent that he or shethe attorney is an independent insurance	316
adjuster;	317

(b) A licensed agent or general agent of an insurer licensed	318
in this state who processes undisputed or uncontested losses for	319
insurers under policies issued by that agent or general agent.	320

(14) Any commissioned peace officer as defined in division	321
(B) of section 2935.01 of the Revised Code acting within the scope	322
of the peace officer's commission, or who performs contract	323
security services directly on behalf of, and while being	324
compensated through, the police department, sheriff department, or	325
political subdivision for whom the peace officer is commissioned;	326

(15) Any collection agent operating under a contract with	327
either the department of job and family services or a child	328
support enforcement agency for the purpose of collecting	329
arrearages in child support money owed;	330

(16) Any person, for hire or otherwise, who apprehends	331
persons who have forfeited security or broken the terms of a	332
security release, fled from justice, or escaped from confinement;	333

(17) Any person, for hire or otherwise, who locates persons	334
by tracing their domicile history for the purpose of repossessing	335
property;	336

(18) Any person, for hire or otherwise, who provides	337
predeparture screening services for licensed air carriers at	338
various airport terminals under the "Federal Aviation	339
Administration Authorization Act of 1994," 108 Stat. 1569, 49	340
U.S.C. 40101.	341

(19) Any person, for hire or otherwise, who serves as an	342
informational monitor for the sole purpose of advising, warning,	343
or cautioning members of the general public;	344

(20) Any person, for hire or otherwise, who organizes or	345
participates in escorting a funeral procession;	346

(21) Any person, for hire or otherwise, who exclusively	347
provides, compiles, or distributes public information that is	348
available to, or may be gathered independently by, the general	349
public;	350

(22) Any person, for hire or otherwise, who engages in	351
serving process on behalf of an attorney at law, court of law, or	352
legal tribunal;	353

(23) Any community policing or block watch organization and	354
employees thereof that provide protection, for compensation or	355
otherwise, of persons or property within a neighborhood, defined	356
vicinity, or locality.	357

(I) "Employee" means every person who may be required or	358
directed by any employer, in consideration of direct or indirect	359
gain or profit, to engage in any employment, or to go, or work, or	360
be at any time in any place of employment, provided that the	361
employer of the employee deducts all applicable state and federal	362
employment taxes on behalf of the employee.	363

(J) "Branch office" means any location where business	364
activity is conducted for which a license is required under this	365
chapter.	366

(K) "Registrant" means an employee, partner, or other	367
affiliate of a class A, B, or C licensee who has been registered	368
with the division of real estate and professional licensing under	369
section 4749.06 of the Revised Code.	370

(L) "Corporation" means a for profit corporation existing	371
under the laws of this state or any other state and any of the	372
following organizations existing under the laws of this state, the	373
United States, or any other state:	374

(1) A business trust or association;

375

(2) A real estate investment trust;

376

(3) A common law trust;

377

(4) An unincorporated business or for profit organization,	378
including a general or limited partnership;	379

(5) A limited liability company.

380

(M) "Person" means any individual, corporation, limited	381
liability corporation, business trust, association, estate, trust,	382
partnership, or limited liability partnership.	383

(N) "Date of hire" means the date that an employee is first	384
employed or compensated for services rendered, irrespective of the	385
actual number of days worked.	386

Sec. 4749.02. (A) The division of real estate and	387
professional licensing within the department of commerce shall	388
administer this chapter through the division of real estate and	389
professional licensing, and for that purpose, the superintendent	390
of real estate and professional licensing may appoint such	391
employees and adopt such rules as the superintendent considers	392
necessary.	393

(B) The superintendent shall establish by rule the process	394
used to verify the experience of an applicant for licensure under	395
section 4749.03 of the Revised Code.	396

Sec. 4749.03.  (A)(1) Any individual, including a partner in	397
a partnership, may be licensed as a private investigator under a	398
class B license, or as a security guard provider under a class C	399
license, or as a private investigator and a security guard	400
provider under a class A license, if the individual meets the	401
following requirements:	402

(a) Has a good reputation for integrity, has not been	403
convicted of a felony within the last twenty years or any offense	404
involving moral turpitude, and has not been adjudicated	405
incompetent for the purpose of holding the license, as provided in	406
section 5122.301 of the Revised Code, without having been restored	407
to legal capacity for that purpose.	408

(b) Depending upon the class of license for which	409
application is made, for a continuous period of at least two of	410
the five years immediately preceding application for a license,	411
has been engaged in investigatory or security services work for a	412
law enforcement or other public agency engaged in investigatory	413
activities, or for a private investigator or security guard	414
provider, or engaged in the practice of law, or has acquired	415
equivalent experience as determined by rule of the director	416
superintendent of commercereal estate and professional licensing.	417

(c) Demonstrates competency as a private investigator or	418
security guard provider by passing an examination devised for this	419
purpose by the directorsuperintendent, except that any	420
individually licensed person who qualifies a corporation for	421
licensure shall not be required to be reexamined if the person	422
qualifies the corporation in the same capacity that the person was	423
individually licensed.	424

(d) Submits evidence of comprehensive general liability	425
insurance coverage, or other equivalent guarantee approved by the	426
directorsuperintendent in such form and in principal amounts	427
satisfactory to the directorsuperintendent, but not less than one	428
hundred thousand dollars for each person and three hundred	429
thousand dollars for each occurrence for bodily injury liability,	430
and one hundred thousand dollars for property damage liability.	431

(e) Pays the requisite examination and license fees. The	432
superintendent may hold and administer examinations or enter into	433
a contract with a testing service vendor to hold and administer	434
examinations for the purposes of testing the qualifications of	435
applicants as required under this chapter. If the superintendent	436
enters into a contract with a testing service vendor, the	437
applicant for examination shall pay the testing vendor's	438
examination fee directly to the testing service vendor.	439

(2) A corporation may be licensed as a private investigator	440
under a class B license, or as a security guard provider under a	441
class C license, or as a private investigator and a security guard	442
provider under a class A license, if an application for licensure	443
is filed by an officer of the corporation and the officer, another	444
officer, or the qualifying agent of the corporation satisfies the	445
requirements of divisions (A)(1) and (F)(H)(1) of this section.	446
Officers and the statutory agent of a corporation shall be	447
determined in accordance with Chapter 1701. of the Revised Code.	448

For the purposes of this chapter, a class A, B, or C license	449
issued to a corporation also licenses the individual who qualifies	450
the corporation for the license as long as the individual is	451
associated with the corporation.	452

(3) At least one partner in a partnership shall be licensed	453
as a private investigator, or as a security guard provider, or as	454
a private investigator and a security guard provider. Partners in	455
a partnership shall be determined as provided for in Chapter 1775.	456
of the Revised Code.	457

(B) Application for a class A, B, or C license shall be in	458
writing, under oath, to the directorform prescribed by the	459
superintendent. In the case of an individual, the application	460
shall state the applicant's name, birth date, citizenship,	461
physical description, current residence, residences for the	462
preceding ten years, current employment, employment for the	463
preceding seven years, experience qualifications, the location of	464
each of the applicant's offices in this state, and any other	465
information that is necessary in order for the director	466
superintendent to comply with the requirements of this chapter. In	467
the case of a corporation, the application shall state the name of	468
the officer or qualifying agent filing the application	469
corporation; the state in which the corporation is incorporated	470
and the date of incorporation; the states in which the corporation	471
is authorized to transact business; the name of its qualifying	472
agent; the name of the officer or qualifying agent of the	473
corporation who satisfies the requirements of divisions (A)(1) and	474
(F)(H)(1) of this section and the birth date, citizenship,	475
physical description, current residence, residences for the	476
preceding ten years, current employment, employment for the	477
preceding seven years, and experience qualifications of that	478
officer or qualifying agent; and other information that the	479
directorsuperintendent requires. A corporation may specify in	480
its application information relative to one or more individuals	481
who satisfy the requirements of divisions (A)(1) and (F)(H)(1) of	482
this section.	483

TheUnless otherwise established by rule, application shall	484
be accompanied by all of the following:	485

(1) One recent full-face photograph of the applicant or, in	486
the case of a corporation, of each officer or qualifying agent	487
specified in the application as satisfying the requirements of	488
divisions (A)(1) and (F)(1) of this section;	489

(2) OneEither a fingerprint notice form or one complete set	490
of the applicant's fingerprints or, in the case of a corporation,	491
of the fingerprints of each officer or qualifying agent specified	492
in the application as satisfying the requirements of divisions	493
(A)(1) and (F)(H)(1) of this section;	494

(3)(2) Character references from at least five reputable	495
citizens for the applicant or, in the case of a corporation, for	496
each officer or qualifying agent specified in the application as	497
satisfying the requirements of divisions (A)(1) and (F)(H)(1) of	498
this section, each of whom has known the applicant, officer, or	499
qualifying agent for at least five years preceding the	500
application, and none of whom are connected with the applicant,	501
officer, or qualifying agent by blood or marriage;	502

(4) An(3) If an examination is administered by the	503
superintendent, an examination fee of twenty-five dollars for the	504
applicant or, in the case of a corporation, for each officer or	505
qualifying agent specified in the application as satisfying the	506
requirements of divisions (A)(1) and (F)(H)(1) of this section,	507
and a license fee of two hundred fifty dollars. The. If an	508
examination is administered by a testing service vendor under	509
division (A)(1)(e) of this section, the fee shall be established	510
by rule under section 4749.02 of the Revised Code and made payable	511
directly to the testing service vendor.	512

(4) A license fee shall be refunded if a license is not	513
issuedof two hundred fifty dollars.	514

(C) Upon receipt of the application and accompanying matter,	515
the directorsuperintendent shall forward to the bureau of	516
criminal identification and investigation a request that it make	517
an investigation of the applicant or, in the case of a	518
corporation, each officer or qualifying agent specified in the	519
application as satisfying the requirements of divisions (A)(1) and	520
(F)(H)(1) of this section, to determine whether the applicant,	521
officer, or qualifying agent meets the requirements of division	522
(A)(1)(a) of this section. If the bureau assesses the	523
superintendent a fee for the investigation, the superintendent, in	524
addition to any other fee allowed under this chapter, shall assess	525
the applicant, officer, or qualifying agent, as appropriate, a fee	526
that is equal to the fee assessed by the bureau. As an	527
alternative to an investigation conducted by the bureau of	528
criminal identification and investigation, the superintendent may	529
accept the results of an investigation of the applicant conducted	530
by the federal bureau of investigation, provided that the	531
investigation conducted by the federal bureau of investigation	532
covers the state and was conducted not more than twelve months	533
prior to the time the results are provided to the superintendent.	534

(D) If the directorsuperintendent determines that the	536
applicant, officer, or qualifying agent meets the requirements of	537
divisions (A)(1)(a), (b) and (d) of this section and that an	538
officer or qualifying agent meets the requirement of division	539
(F)(1) of this section, the directorsuperintendent or the testing	540
service vendor shall notify the applicant, officer, or agent of	541
the time and place for the examination. If the director	542
superintendent determines that an applicant does not meet the	543
requirements of divisions (A)(1)(a),(b), and (d) of this section,	544
the directorsuperintendent shall notify the applicant that the	545
applicant's application is refused and refund the license fee. If	546
the directorsuperintendent determines that none of the	547
individuals specified in the application of a corporation as	548
satisfying the requirements of divisions (A)(1) and (F)(H)(1) of	549
this section meet the requirements of divisions (A)(1)(a), (b),	550
and (d) and (F)(1) of this section, the directorsuperintendent	551
shall notify the corporation that its application is refused and	552
refund the license fee. If the director requests an investigation	553
of any applicant, officer, or qualifying agent and if the bureau	554
assesses the director a fee for the investigation, the director,	555
in addition to any other fee assessed pursuant to this chapter,	556
may assess the applicant, officer, or qualifying agent, as	557
appropriate, a fee that is equal to the fee assessed by the	558
bureau.	559

(D)(E) If upon application, investigation, and examination,	560
the directorsuperintendent finds that the applicant or, in the	561
case of a corporation, any officer or qualifying agent specified	562
in the application as satisfying the requirements of divisions	563
(A)(1) and (F)(H)(1) of this section, meets the applicable	564
requirements, the directorsuperintendent shall issue the	565
applicant or the corporation a class A, B, or C license. The	566
directorsuperintendent also shall issue an identification card to	567
an applicant, but not an officer, or qualifying agent of a	568
corporation, who meets the applicable requirements an	569
identification card. The license and identification card shall	570
state the licensee's name, the classification of the license, the	571
location of the licensee's principal place of business in this	572
state, and the expiration date of the license and, in the case of	573
a corporation, it also shall state the name of each officer or	574
qualifying agent who satisfied the requirements of divisions	575
(A)(1) and (F)(1) of this section.	576

If the applicant is prohibited by state or federal law from	577
carrying a firearm, the superintendent shall make a designation to	578
reflect the prohibition on the identification card issued under	579
this section.	580

(F)(1) Licenses expire annually on the first day of March	581
following the date of initial issue, and on the first day of March	582
of each year thereafter. Renewals shall be according to the	583
standard renewal procedures contained in Chapter 4745. of the	584
Revised Code, upon payment of a renewal fee of two hundred fifty	585
dollars. No	586

(2) Prior to the first day of March of each year, licensees	587
shall file with the superintendent an annual renewal form, the	588
required renewal fee, and any additional information as prescribed	589
by the superintendent.	590

(3) In conjunction with the annual renewal, the	591
superintendent shall request the bureau of criminal identification	592
and investigation to conduct an investigation of the licensee, or	593
in the case of a corporation, of each officer or qualifying agent.	594
If the bureau assesses the superintendent a fee for the	595
investigation, the superintendent, in addition to any other fee	596
allowed under this chapter, shall assess the licensee, officer, or	597
qualifying agent, as appropriate, a fee that is equal to the fee	598
assessed by the bureau. As an alternative to an investigation	599
conducted by the bureau of criminal identification and	600
investigation, the superintendent may accept the results of an	601
investigation of the licensee, officer, or qualifying agent	602
conducted by the federal bureau of investigation, provided that	603
the investigation conducted by the federal bureau of investigation	604
covers the state and was conducted not more than twelve months	605
prior to the time the results are provided to the superintendent.	606

(4) The superintendent shall not renew the individual	607
licensee's license or corporation's license until the background	608
investigation required in division (F)(3) of this section is	609
complete.	610

(5) No license shall be renewed if the licensee or, in the	611
case of a corporation, each officer or qualifying agent who	612
qualified the corporation for licensure no longer meets the	613
applicable requirements of division (A)(1)(a) of this section. No	614

(6) No license shall be renewed unless the licensee provides	615
evidence of workers' compensation risk coverage and unemployment	616
compensation insurance coverage, other than for clerical employees	617
and excepting sole proprietors who are exempted therefrom, as	618
provided for in Chapters 4123. and 4141. of the Revised Code,	619
respectively, as well as the licensee's state tax identification	620
number. No reexamination shall be required for renewal of a	621
current license.	622

For purposes of this chapter, a class A, B, or C license	623
issued to a corporation shall be considered as also having	624
licensed the individuals who qualified the corporation for	625
licensure, for as long as they are associated with the	626
corporation.	627

For purposes of this division, "sole proprietor" means an	628
individual licensed under this chapter who does not employ any	629
other individual.	630

(E)(7) In the case of a corporation, the expiration of the	631
corporate license shall result in the expiration of the license of	632
each licensee affiliated with that corporation and the license of	633
each individual who qualified the corporation for licensure.	634

(8) Any licensee may file a renewal form to renew the	635
licensee's license after the first day of March but on or before	636
the thirty-first day of May in any year by filing with the	637
superintendent the required renewal form, the standard renewal fee	638
of two hundred fifty dollars, and a late renewal fee of one	639
hundred twenty-five dollars.	640

(9) Failure to renew a license by the thirty-first day of	641
May in any year shall result in the automatic revocation of a	642
licensee's license. In the case of a corporation, the revocation	643
of the corporation's license shall result in the automatic	644
revocation of the license of each licensee affiliated with the	645
corporation and the license of each individual who qualified the	646
corporation for licensure. Individuals or corporations whose	647
license has been revoked must complete all of the initial	648
requirements for license as provided in this section.	649

(G) The directorsuperintendent may issue a duplicate copy	650
of a license issued under this section for the purpose of	651
replacement of a lost, spoliated, or destroyed license, upon	652
payment of a fee fixed by the directorsuperintendent, not	653
exceeding twenty-five dollars. Any change in license	654
classification requires a new application and application fees	655
payment of the required license fee.	656

(F)(H)(1) In order to qualify a corporation for a class A,	657
B, or C license, an officer or qualifying agent may qualify	658
another corporation for similar licensure, provided that the	659
officer or qualifying agent is actively engaged in the business of	660
both corporations.	661

(2) Each officer or qualifying agent who qualifies a	662
corporation for class A, B, or C licensure shall surrender any	663
personal license of a similar nature that the officer or	664
qualifying agent possesses.	665

(3) Upon written notification to the director	666
superintendent, completion of an application similar to that for	667
original licensure, surrender of the corporation's current	668
license, and payment of a twenty-five dollar fee, a corporation's	669
class A, B, or C license may be transferred to another	670
corporation.	671

(4)(3) Upon written notification to the director	672
superintendent, completion of an application similar to that for	673
an individual seeking class A, B, or C licensure, payment of a	674
twenty-five dollar fee, and, if the individual was the only	675
individual that qualified a corporation for licensure, surrender	676
of the corporation's license, any officer or qualifying agent who	677
qualified a corporation for licensure under this chapter may	678
obtain a similar license in the individual's own name without	679
reexamination. A request by an officer or qualifying agent for an	680
individual license shall not affect a corporation's license unless	681
the individual is the only individual that qualified the	682
corporation for licensure or all the other individuals who	683
qualified the corporation for licensure submit such requests.	684

(G)(I) If a corporation is for any reason no longer	685
associated with an individual who qualified it for licensure under	686
this chapter, an officer of the corporation shall notify the	687
directorsuperintendent of that fact by certified mail, return	688
receipt requested, within ten days after the association	689
terminates. If the notification is so given, the individual was	690
the only individual that qualified the corporation for licensure,	691
and the corporation submits the name of another officer or	692
qualifying agent to qualify the corporation for the license within	693
thirty days after the association terminates, the corporation may	694
continue to operate in the business of private investigation, the	695
business of security services, or both businesses in this state	696
under that license for ninety days after the association	697
terminates. If the officer or qualifying agent whose name is so	698
submitted satisfies the requirements of divisions (A)(1) and	699
(F)(H)(1) of this section, the directorsuperintendent shall issue	700
a new license to the corporation within that ninety-day period.	701
The names of more than one individual may be so submitted.	702

Sec. 4749.04.  (A) The director of commercesuperintendent	703
of real estate and professional licensing may revoke, suspend, or	704
refuse to renew, when a renewal form has been submitted, the	705
license of any private investigator or security guard provider, or	706
the registration of any employee of a private investigator or	707
security guard providerregistrant, for any of the following:	708

(1) Violation of any of the provisions of division (B) or	709
(C)(D) of section 4749.13 of the Revised Code;	710

(2) Conviction of a felony or a crime involving moral	711
turpitude;	712

(3) Violation of any rule of the directorsuperintendent	713
governing private investigators, the business of private	714
investigation, security guard providers, or the business of	715
security services;	716

(4) Testifying falsely under oath, or suborning perjury, in	717
any judicial proceeding;	718

(5) Failure to satisfy the requirements specified in	719
division (D) of section 4749.03 of the Revised Codemaintain and	720
carry a registration card and, if applicable, certification of	721
firearm training issued by the Ohio peace officer training	722
commission;	723

(6) Failure to comply with a subpoena;

724

(7) Failure to report any criminal convictions of any	725
registrant operating under a class A, B, or C license or any	726
affiliated licensee;	727

(8) Failure to keep complete and accurate records of all	728
personnel records for a period of two years from the date of hire,	729
employment, or compensation for any services;	730

(9) Failure to keep complete and accurate records of all	731
weapon certifications and recertifications for a period of two	732
years;	733

(10) Acting in a manner that requires a license or	734
registration under this chapter or acting with an expired or	735
revoked license or registration;	736

(11) In the case of a licensee, failure to require all	737
registrants of the licensee who carry firearms as part of the	738
employee's job duties, to carry and maintain a valid certification	739
of firearm training issued by the Ohio peace officer training	740
commission;	741

(12) Carrying a firearm when the identification card issued	742
under this chapter contains a prohibition against carrying	743
firearms;	744

(13) Failure to timely submit quarterly reports and	745
termination notices in accordance with rules adopted by the	746
superintendent.	747

Any person whose license or registration is revoked,	748
suspended, or not renewed when a renewal form is submitted may	749
appeal in accordance with Chapter 119. of the Revised Code.	750

(B) In lieu of suspending, revoking, or refusing to renew	751
the class A, B, or C license, or of suspending, revoking, or	752
refusing to renew the registration of an employeea registrant of	753
a class A, B, or C licensee, the director of commerce	754
superintendent, by issuing an administrative order subject to the	755
provisions of Chapter 119. of the Revised Code, may impose a civil	756
penalty of not less than one hundred dollars or more than twoone	757
hundred dollars for each calendar day of a violation of any of the	758
provisions of this section or of division (B) or (C) of section	759
4749.13 of the Revised Code or of a violation of any rule of the	760
directorsuperintendent governing private investigators, the	761
business of private investigation, security guard providers, or	762
the business of security services.	763

(C) In the case of a violation of division (A)(10) of this	764
section, calendar days shall be calculated consecutively from the	765
first day of hire to the date the superintendent determines the	766
licensee is in violation of that division.	767

Sec. 4749.05. (A) Each class A, B, or C licensee shall	768
report the location of branch offices to the department of	769
commerce, and to the sheriff of the county and the police chief of	770
any municipal corporation in which the office is locateddivision	771
of real estate and professional licensing, and shall post a branch	772
office license conspicuously in that office. Application for a	773
branch office license shall be made on a form prescribed by the	774
director of commercesuperintendent of real estate and	775
professional licensing, and a license shall be issued upon receipt	776
of the form and payment of a fee fixed by the director	777
superintendent, not exceeding one hundred dollars. If a licensee	778
moves an office, hethe licensee shall notify, in writing, the	779
department of commerce and any affected sheriff and chief of	780
police within forty-eight hours of the changedivision of real	781
estate and professional licensing.	782

This division does not apply to a licensed private	783
investigator who is engaging in the business of private	784
investigation as a registered employeeregistrant of a licensed	785
private investigator.	786

(B) No class A, B, or C licensee, or any of his employees,	787
shall engage in the business of private investigation or the	788
business of security services unless, within twelve hours of his	789
arrival, he reports his presence and length of stay to the sheriff	790
and police chief of any county or municipal corporation in which	791
he operates.	792

Sec. 4749.06.  (A) Each class A, B, or C licensee(1) Except	793
as provided in division (F) of this section, each person employed	794
by a class A, B, or C licensee as an investigator or security	795
guard shall register his investigator or security guard employees,	796
with the department of commerce, whichdivision of real estate and	797
professional licensing. All class A, B, or C licensees shall	798
maintain a record of each licensee and registered employee	799
registrant and employee exempt from registration and make it	800
available, upon request, to the division or any law enforcement	801
agency. TheEach person employed by a class A, B, or C licensee as	802
an investigator or security guard employee shall file an	803
application to register a new employee no sooner than three days	804
nornot later than seven calendar days after the date on which the	805
employee is hired.	806

(2) Partners or other affiliates of a class A, B, or C	807
licensee may register as a registrant of a class A, B, or C	808
licensee, provided the partner or other affiliate meets the	809
registration requirements of this section.	810

(B) Each employee's(1) Unless otherwise established by rule,	811
each registration application shall be accompanied by a	812
fingerprint notice form or one complete set of histhe applicant's	813
fingerprints, one recent photograph of the employee, histhe	814
applicant's physical description, and an eighteen dollarinitial	815
registration fee established by the superintendent by rule, not to	816
exceed twenty-three dollars.	817

If the director requests(2) The superintendent of real	818
estate and professional licensing shall request the bureau of	819
criminal identification and investigation to conduct an	820
investigation of a licensee's employee and ifan applicant for	821
registration. If the bureau assesses the directorsuperintendent	822
a fee for the investigation, the directorsuperintendent, in	823
addition to any other fee assessed pursuant to this chapter, may	824
shall assess the licenseeapplicant a fee that is equal to the fee	825
assessed by the bureau. If	826

As an alternative to an investigation conducted by the bureau	827
of criminal identification and investigation, the superintendent	828
may accept the results of an investigation of the applicant	829
conducted by the federal bureau of investigation, provided that	830
the investigation conducted by the federal bureau of investigation	831
covers the state and was conducted not more than twelve months	832
prior to the time the results are provided to the superintendent.	833
If, after investigation, the bureauthe completion of any	834
background investigation authorized under this chapter or rule	835
adopted under this chapter, the superintendent finds that the	836
employeeapplicant has not been convicted of a felony within the	837
last twenty years, the directorsuperintendent shall issue to the	838
applicant an identification card bearing the licensea	839
registration number and signature of the licensee, which in the	840
case of a corporation shall be the signature of its president or	841
its qualifying agent, and containing the employee'sapplicant's	842
name, address, agebirthdate, physical description, and right	843
thumb print or other identifying mark as the director prescribes,	844
a recent photograph of the employee, and histhe applicant's	845
signature. The director	846

(3) If the applicant is prohibited by state or federal law	847
from carrying a firearm, the superintendent shall make a	848
designation to reflect the prohibition on the identification card	849
issued under this section.	850

(4) The superintendent may issue a duplicate of a lost,	851
spoliated, or destroyed identification card issued under this	852
section, upon payment of a fee fixed by the director	853
superintendent, not exceeding five dollars.	854

(C) NoExcept as provided in division (E) of this section, no	855
class A, B, or C licensee shall permit an employee, partner, or	856
other affiliate, other than an individual who qualified a	857
corporation for licensure, to engage in the business of private	858
investigation, the business of security services, or both	859
businesses until the employee, partner, or other affiliate,	860
receives an identification card from the department, except that	861
pending the issuance of an identification card, a class A, B, or C	862
licensee may offer for hire,on a temporary basis not to exceed	863
ninety days from the date of hire, security guard or investigator	864
employees provided the licensee obtains a waiver from the person	865
who receives, for hire, security guard or investigative services,	866
acknowledging that the person is aware the employees, partners, or	867
other affiliates have not completed their registration and	868
agreeing to their employment.	869

(D) If a class A, B, or C licensee, or a registered employee	870
of a class A, B, or C licensee,registrant intends to carry a	871
firearm, as defined in section 2923.11 of the Revised Code, in the	872
course of engaging in the business or employment, he eitherthe	873
licensee or registrant shall satisfactorily complete a firearms	874
basic training program that includes twenty hours of handgun	875
training and five hours of training in the use of other firearms,	876
if any other firearm is to be used, or equivalency training, if	877
authorized, or shall be a former peace officer who previously had	878
successfully completed a firearms training course, shall receive a	879
certificate of satisfactory completion of that program or written	880
evidence of approval of the equivalency training, shall file an	881
application for registration, shall receive a firearm-bearer	882
notation on his identification card, and shall annually requalify	883
on a firearms range, all as described in division (A) of section	884
4749.10 of the Revised Code. A private investigator, security	885
guard provider, or employee is authorized to carry a firearm only	886
in accordance with that divisioncarry at all times during the	887
course of employment the identification card issued under this	888
chapter and certification of firearm training issued by the Ohio	889
peace officer training commission.	890

(E) This section does not apply to commissioned peace	891
officers, as defined in division (B) of section 2935.01 of the	892
Revised Code, working for, either as an employee or independent	893
contractor, a class A, B, or C licensee. For purposes of this	894
chapter, a commissioned peace officer is an employee exempt from	895
registration.	896

(F) No registrant shall independently contract to engage in	897
the business of security services or private investigation.	898

(G) Any person properly registered under this section may	899
work for any properly licensed class A, B, or C licensee, with no	900
limit on the number of licensees for whom a registrant may work.	901

Sec. 4749.061. (A) Registrants shall renew their registration	902
on or before the date the superintendent has adopted by rule, in	903
accordance with section 4749.02 of the Revised Code, by doing all	904
of the following:	905

(1) Filing a renewal form with the superintendent of real	906
estate and professional licensing;	907

(2) Paying the renewal fee establish by the superintendent	908
by rule, not to exceed eighteen dollars;	909

(3) Providing any information required by the	910
superintendent.	911

(B) In conjunction with the biannual renewal, the	912
superintendent shall request the bureau of criminal identification	913
and investigation to conduct an investigation of the registrant.	914
If the bureau assesses the superintendent a fee for the	915
investigation, the superintendent, in addition to any other fee	916
allowed under this chapter, shall assess the registrant a fee that	917
is equal to the fee assessed by the bureau. As an alternative to	918
an investigation conducted by the bureau of criminal	919
identification and investigation, the superintendent may accept	920
the results of an investigation of the registrant conducted by the	921
federal bureau of investigation, provided that the investigation	922
conducted by the federal bureau of investigation covers the state	923
and was conducted not more than twelve months prior to the time	924
the results are provided to the superintendent.	925

The superintendent shall not renew the individual	926
registration until the background investigation required under	927
this section is complete and the superintendent has determined	928
that the registrant has not been convicted of a felony within the	929
twenty years preceding the year of renewal.	930

(C) Failure to renew registration within the time limits	931
set forth in this section shall result in the immediate revocation	932
of the registration. A person with a revoked registration may not	933
operate as a registrant and must satisfy the requirements of	934
section 4749.06 of the Revised Code to obtain a new registration.	935

Sec. 4749.08.  (A) No class A, B, or C licensee, or	936
registered employee of a class A, B, or C licenseeregistrant	937
shall be considered, because of licensure or registration under	938
this chapter, a law enforcement officer for any purpose. Nothing	939
in this chapter shall be construed as granting the right to carry	940
a concealed weapon.	941

(B) The rules of the departmentsuperintendent of commerce	942
real estate and professional licensing adopted for the	943
administration of this chapter shall include provisions to assure	944
that any uniform or identification card shall be so designed as to	945
avoid confusion of a private investigator, security guard	946
provider, or registered employeeregistrant with any law	947
enforcement officer in this state.	948

Sec. 4749.11.  (A) The directorsuperintendent of commerce	949
real estate and professional licensing may investigate any	950
applicant for a class A, B, or C license, any principal officer or	951
qualifying agent of a corporation who is specified in an	952
application for licensure as satisfying the requirements of	953
divisions (A)(1) and (F)(H)(1) of section 4749.03 of the Revised	954
Code, and any employee of a class A, B, or C licensee who seeks to	955
be registered under section 4749.06 of the Revised Code to	956
determine whether the individual satisfies the applicable	957
requirements for licensure or registration.	958

(B) The director of commercesuperintendent may investigate,	959
on histhe superintendent's own initiative, the actions or	960
proposed actions of a class A, B, or C licensee, or registered	961
employee of a class A, B, or C licenseeregistrant to determine	962
whether the person is, has been, or will be in violation of	963
section 4749.04or 4749.13 of the Revised Code. The director	964
superintendent shall investigate any of these persons if a	965
verified written complaint is filed indicating that a person has	966
violated, or is or will be violating, section 4749.13 of the	967
Revised Code, the complaint is supported by evidence submitted	968
with it, and the directorsuperintendent determines that a	969
prima-facie case exists that a violation of that section is being,	970
has been, or will be committed by the person.	971

(C) The director of commercesuperintendent may investigate,	972
on histhe superintendent's own initiative, the actions or	973
proposed actions of a person who is not licensed or registered	974
under this chapter and who appears to be acting as a class A, B,	975
or C licensee, or employee of a class A, B, or C licensee. The	976
directorsuperintendent shall investigate such a person if a	977
verified written complaint is filed indicating that a person was,	978
is, or will be acting as a class A, B, or C licensee or employee	979
of a class A, B, or C licensee but is not licensed or registered	980
as such under this chapter, the complaint is supported by evidence	981
that is submitted with it, and the directorsuperintendent	982
determines that a prima-facie case exists that the person was, is,	983
or will be acting in the alleged manner.	984

(D) In connection with investigations under divisions (B)	985
and (C) of this section, the director of commercesuperintendent	986
may file an action with the court of common pleas of Franklin	987
county or the court of common pleas of the county in which the	988
person who is the subject of the investigation resides, is	989
engaging in actions, or proposing to engage in actions, to obtain	990
an injunction, restraining order, or other appropriate relief.	991

(E) The director of commercesuperintendent may compel by	992
subpoena witnesses to appear and testify in relation to	993
investigations under this chapter and may require by subpoena	994
duces tecum the production of any book, paper, or document	995
pertaining to an investigation. If a person does not comply with	996
a subpoena or subpoena duces tecum, the director of commerce	997
superintendent may apply to the court of common pleas of Franklin	998
county for an order compelling the person to comply with the	999
subpoena or subpoena duces tecum or, for failure to do so, to be	1000
held in contempt of court.	1001

(F) If, in an investigation under division (C) of this	1002
section, the director determines that a person is not a class A,	1003
B, or C licensee, or a registered employee of a class A, B, or C	1004
licensee, and that the person was, is, or will be acting in the	1005
alleged manner, the director may issue an order to the person to	1006
show cause why he should not be subject to licensing or	1007
registration under this chapter. The director shall hold a	1008
hearing on the order, and if following the hearing he determines	1009
that the person has engaged, or is or will be engaging, in	1010
activities requiring licensure or registration under this chapter,	1011
hesuperintendent may issue a cease and desist order that shall	1012
describe the person and the activities that are the subject of it.	1013
The cease and desist order is enforceable in and may be appealed	1014
to a court of common pleas pursuant to Chapter 119. of the Revised	1015
Code.	1016

(G) In any proceeding or action brought under this chapter,	1017
the burden of proving an exemption from the licensure requirements	1018
of this chapter is on the person claiming the benefit of the	1019
exemption.	1020

(H)All information obtained by investigators performing	1021
investigations under this section is confidential, except the	1022
superintendent may waive this confidentiality requirement for	1023
either of the following reasons:	1024

(1) To allow the information to be used by the department	1025
of commerce or for it to be used in any administrative or court	1026
proceeding authorized by or deriving from the administration of	1027
this chapter;	1028

(2) To provide for data sharing with any state agency of	1029
employment records of licensees, registrants, employees exempt	1030
from registration, unlicensed persons, nonregistered employees, or	1031
other persons.	1032

(I) Not more than sixty business days after the date of	1033
initial investigation conducted under division (B) of this	1034
section, the investigator shall issue a written report of the	1035
results of the investigation to the superintendent. Not more than	1036
fourteen business days after a written report is filed with the	1037
superintendent, the superintendent shall determine whether there	1038
exists reasonable and substantial evidence of a violation of	1039
section 4749.04 or 4749.13 of the Revised Code. If the	1040
superintendent finds that evidence of a violation exists, within	1041
seven business days of the determination, the superintendent shall	1042
notify the licensee, registrant, or other person of the	1043
superintendent's determination and schedule a hearing under	1044
Chapter 119. of the Revised Code, except that the registrant,	1045
licensee, or superintendent may request an extension for up to	1046
thirty business days for good cause shown.	1047

(J) Not later than twenty-five business days after the last	1048
day of hearings under Chapter 119. of the Revised Code, the	1049
hearing examiner shall file a report of findings of fact and	1050
conclusions of law with the superintendent.	1051

(K) Within fifteen business days of the submission of the	1052
hearing examiner report to the superintendent, the superintendent	1053
shall do both of the following:	1054

(1) Review the report of the hearing examiner and determine	1055
whether to impose disciplinary sanctions upon the licensee or	1056
registrant for violation of section 4749.04 or 4749.13 of the	1057
Revised Code;	1058

(2) Issue an order setting forth the superintendent's	1059
determination along with any sanctions to be imposed, subject to	1060
Chapter 119. of the Revised Code.	1061

Sec. 4749.12.  (A) A person who is a resident of another	1062
state, is licensed as a private investigator, security guard	1063
provider, or as a private investigator and a security guard	1064
provider in another state, and wishes to engage in the business of	1065
private investigation, the business of security services, or both	1066
businesses in this state, shall be licensed pursuant to section	1067
4749.03 of the Revised Code, but the directorsuperintendent of	1068
commercereal estate and professional licensing may waive the	1069
examination requirementrequirements of that section and issue a	1070
license to a nonresident under the circumstances described in	1071
division (B) of this section.	1072

(B) If a nonresident private investigator, security guard	1073
provider, or private investigator and security guard provider	1074
seeking licensure under this chapter submits with the application	1075
and accompanying matter specified in section 4749.03 of the	1076
Revised Code proof of licensure in another state, and if the	1077
licensure requirements of the other state are substantially	1078
similar to the requirements of divisions (A)(1)(a), (b), and (d)	1079
and, if applicable, (F)(H)(1) of section 4749.03 of the Revised	1080
Code are satisfied and the nonresident meets all current	1081
requirements of the laws of the other state regulating the	1082
business of private investigation, the business of security	1083
services, or both businesses, the director of commerce	1084
superintendent may waive the examination requirement and fee of	1085
that section. This waiver authority may be exercised only if the	1086
director determines that the other state has a law similar to this	1087
division and extends to residents of thisissue an Ohio class A,	1088
B, or C license, as appropriate, provided that the superintendent	1089
determines that the other state a similar waiver of examination	1090
privilege private investigator and security guard licensing laws	1091
are similar to those found in this chapter and that state extends	1092
similar recognition to Ohio licensees.	1093

Sec. 4749.13.  (A) No person shall engage in the business of	1094
private investigation, the business of security services, or both	1095
businesses in this state unless hethe person is licensed pursuant	1096
to this chapter. Each calendar day of continuing violation	1097
constitutes a separate offense. Nothing in this chapter shall be	1098
construed to require any employee of a class A, B, or C licensee	1099
to obtain a class A, B, or C license, provided that an employee	1100
shall be registered by a licensee whenas required by section	1101
4749.06 of the Revised Code. Nothing in this chapter shall be	1102
construed to require a partner to be a class A, B, or C licensee	1103
except as provided in division (A)(3) of section 4749.03 of the	1104
Revised Code. Nothing in this chapter shall be construed to	1105
require a director, officer, or qualifying agent of a corporation	1106
to individually be a class A, B, or C licensee if the corporation	1107
is licensed pursuant to this chapter.	1108

(B) No class A, B, or C licensee, or registered employee of	1109
a class A, B, or C licenseeregistrant shall:	1110

(1) Knowingly violateViolate any provision of this chapter	1111
or any rule of the directorsuperintendent of commercereal estate	1112
and professional licensing adopted for the administration of this	1113
chapter;	1114

(2) Knowingly make aMake any false reportreports with	1115
respect to any matter with which hethe licensee or registrant is	1116
retained or employed;	1117

(3) Divulge any information acquired from or for a client to	1118
persons other than the client or histhe client's authorized agent	1119
without express authorization to do so or unless required by law;	1120

(4) Knowingly accept employment which includes obtaining	1121
information intended for illegal purposes.	1122

(C) Any licensee or registrant convicted of a felony shall	1123
notify the superintendent in writing. The notice must be received	1124
by the superintendent within five calendar days of the conviction.	1125
If a licensee or registrant fails to notify the superintendent of	1126
a felony conviction, within the time allowed by this section, the	1127
superintendent shall immediately revoke the license of the	1128
licensee or the registration of the registrant.	1129

(D) No person shall knowingly authorize or permit another	1130
person to violate any provision of this chapter or any rule of the	1131
director of commercesuperintendent adopted for the administration	1132
of this chapter.	1133

(D)(E) No person who is not licensed as a class A, B, or C	1134
licensee shall advertise that hethe person is or otherwise hold	1135
himselfoneself out as a class A, B, or C licensee. This division	1136
does not prohibit registered employeesregistrants from indicating	1137
in the course of authorized employment for, or affiliation with, a	1138
class A, B, or C licensee that they are authorized to engage in	1139
investigatory, security services activities, or both activities.	1140

Sec. 4749.14.  On receipt of a notice pursuant to section	1141
3123.43 of the Revised Code, the directorsuperintendent of	1142
commercereal estate and professional licensing shall comply with	1143
sections 3123.41 to 3123.50 of the Revised Code and any applicable	1144
rules adopted under section 3123.63 of the Revised Code with	1145
respect to a license issued pursuant to this chapter.	1146

Sec. 4749.99.  (A) Except as otherwise provided in this	1147
division, whoever violates division (A) of section 4749.13 of the	1148
Revised Code is guilty of a misdemeanor of the first degree.	1149
Whoever violates division (A) of section 4749.13 of the Revised	1150
Code and previously has been convicted of one or more violations	1151
of division (A) of that section is guilty of a felony of the fifth	1152
degree. If the offender previously has been convicted of two or	1153
more violations of division (A) of that section, the offender	1154
shall be fined ten thousand dollars and also may be imprisoned not	1155
more than one year.	1156

(B) Whoever violates division (B), (C), or (D), or (E) of	1157
section 4749.13 of the Revised Code shall be fined not less than	1158
one hundred or more than one thousand dollars, imprisoned not more	1159
than one year, or both.	1160

Section 2.  That existing sections 109.75, 109.78, 4749.01,	1161
4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.08, 4749.11,	1162
4749.12, 4749.13, 4749.14, and 4749.99 and section 4749.10 of the	1163
Revised Code are hereby repealed.	1164

Section 3.  Section 109.75 of the Revised Code is presented	1165
in this act as a composite of the section as amended by both Am.	1166
Sub. H.B. 566 and Sub. H.B. 670 of the 121st General Assembly.	1167
Section 4749.01 of the Revised Code is presented in this act as a	1168
composite of the section as amended by both Am. Sub. S.B. 162 and	1169
Am. H.B. 229 of the 121st General Assembly. The General Assembly,	1170
applying the principle stated in division (B) of section 1.52 of	1171
the Revised Code that amendments are to be harmonized if	1172
reasonably capable of simultaneous operation, finds that the	1173
composites are the resulting versions of the sections in effect	1174
prior to the effective date of the sections as presented in this	1175
act.	1176