(B)
"Business of private investigation" means, except when | 13 |
performed by one excluded under division (H) of this section, the | 14 |
conducting, for hire, in person or through a partner or
employees, | 15 |
of any investigation relevant to any crime or wrong
done or | 16 |
threatened, or to obtain information on the identity,
habits, | 17 |
conduct, movements, whereabouts, affiliations,
transactions, | 18 |
reputation, credibility, or character of any
person, or to locate | 19 |
and recover lost or stolen property, or to
determine the cause of | 20 |
or responsibility for any libel or
slander, or any fire, accident, | 21 |
or damage to property, or to
secure evidence for use in any | 22 |
legislative, administrative, or
judicial investigation or | 23 |
proceeding. | 24 |
(c) The business of pre-employment background
investigation. | 61 |
As used in division (H)(3)(c) of this section,
"business of | 62 |
pre-employment background investigation" means, and
is limited to, | 63 |
furnishing for hire, in person or through a
partner or employees, | 64 |
the conducting of limited background
investigations, in-person | 65 |
interviews, telephone interviews, or
written inquiries that | 66 |
pertain only to a client's prospective
employee and the employee's | 67 |
employment and that are engaged
in with the
prior written consent | 68 |
of the prospective employee. | 69 |
(6) An employee in the regular course of the employee's | 81 |
employment,
engaged in investigating matters pertinent to the | 82 |
business of
his or
herthe employee's
employer or protecting | 83 |
property in the possession of
his
or herthe employee's employer, | 84 |
provided the employer is deducting
all applicable
state
and | 85 |
federal employment taxes on behalf of the employee and
neither the | 86 |
employer nor the employee is employed by, associated
with, or | 87 |
acting for or on behalf of any private investigator or
security | 88 |
guard provider; | 89 |
(13) An independent insurance adjuster who, as an | 127 |
individual, an
independent contractor, an employee of an | 128 |
independent contractor, adjustment
bureau association, | 129 |
corporation, insurer, partnership, local recording agent,
managing | 130 |
general agent, or self-insurer, engages in the business of | 131 |
independent insurance adjustment, or any person who supervises the | 132 |
handling of
claims except while acting as an employee of an | 133 |
insurer licensed in this state
while handling claims pertaining to | 134 |
specific policies written by that insurer. | 135 |
As used in division (H)(13) of this section,
"independent | 136 |
insurance adjustment" means conducting investigations to determine | 137 |
the cause
of or circumstances concerning a fire, accident, bodily | 138 |
injury, or damage to
real or personal property; determining the | 139 |
extent of damage of that fire,
accident, injury, or property | 140 |
damage; securing evidence for use in a
legislative, | 141 |
administrative, or judicial investigation or proceeding,
adjusting | 142 |
losses; and adjusting or settling claims, including the | 143 |
investigation, adjustment, denial, establishment of damages, | 144 |
negotiation,
settlement, or payment of claims in connection with | 145 |
insurance contractors,
self-insured programs, or other similar | 146 |
insurance programs.
"Independent
adjuster" does not include
either | 147 |
of the following: | 148 |
(I)
"Employee" means every person who may be required or | 161 |
directed by any
employer, in consideration of direct or indirect | 162 |
gain or profit, to engage in
any employment, or to go, or work, or | 163 |
be at any time in any place of
employment, provided that the | 164 |
employer of the employee deducts all applicable
state and federal | 165 |
employment taxes on behalf of the employee. | 166 |
(B) In lieu of suspending, revoking, or refusing to renew | 186 |
the class A, B, or C license, or of suspending, revoking, or | 187 |
refusing to renew the registration of
an employee of
a class A,
B, | 188 |
or C licensee, the
director of commerce
may impose a civil
penalty | 189 |
of not
less than one hundred dollars or more than
twoone
hundred | 190 |
dollars for each
calendar day of a violation of any of the | 191 |
provisions of
this section or of division (B) or (C) of section | 192 |
4749.13 of the
Revised Code or of a violation of any rule of the | 193 |
director governing private investigators, the
business of private | 194 |
investigation, security guard providers, or
the business of | 195 |
security services. | 196 |
Sec. 4749.06. (A)
Each class A, B, or C licensee shall | 197 |
register
histhe licensee's investigator or security guard | 198 |
employees,
with the
department of commerce, which shall
maintain a | 199 |
record of each licensee and registered employee and make it | 200 |
available, upon
request, to any law enforcement
agency.
The class | 201 |
A, B, or C
licensee shall file an
application to register
a new | 202 |
employee no
sooner than three days
nor later than seven
calendar | 203 |
days after the date
on which the
employee
is hired. | 204 |
(2) If the director requests the
bureau of
criminal | 210 |
identification and investigation to conduct an
investigation of
a | 211 |
licensee's employee and if the bureau assesses
the
director
a fee | 212 |
for the investigation, the
director, in
addition to any other fee | 213 |
assessed pursuant to this chapter,
may
assess the
licensee a fee | 214 |
that is equal to the fee
assessed by
the bureau.
If, after | 215 |
investigation, the bureau finds that the
employee
has not been | 216 |
convicted of a felony within the
last
twenty years,
the
director | 217 |
shall issue
to the
employee an
identification card
bearing
the | 218 |
license number
and
signature of
the licensee, which
in the
case of | 219 |
a corporation
shall be the signature of its
president or
its | 220 |
qualifying agent,
and containing the
employee's
name, address, | 221 |
age, physical description,
and right
thumb print
or other | 222 |
identifying mark as the director prescribes,
a recent
photograph | 223 |
of the employee, and
histhe employee's
signature.
The director | 224 |
may issue a duplicate of a lost,
spoliated, or destroyed | 225 |
identification card issued under this
section, upon payment of a | 226 |
fee fixed by the
director, not exceeding five
dollars. | 227 |
(C)
NoExcept as provided in division (E) of this section,
no | 228 |
class A, B, or C licensee shall permit an employee,
other than an | 229 |
individual who qualified a
corporation for
licensure, to engage in | 230 |
the business of private
investigation,
the business of security | 231 |
services, or both
businesses until the
employee
receives an | 232 |
identification card from the department,
except that
pending the | 233 |
issuance of an identification card, a
class A, B, or C
licensee | 234 |
may offer for hire security guard or
investigator
employees | 235 |
provided the licensee obtains a waiver
from the person
who | 236 |
receives, for hire, security guard or
investigative services, | 237 |
acknowledging that the person is aware
the employees have not | 238 |
completed their registration and
agreeing
to their employment. | 239 |
(D) If a class A, B, or C licensee, or a
registered
employee | 240 |
of a class A, B, or C licensee, intends to carry a
firearm, as | 241 |
defined in section 2923.11 of the Revised Code, in
the
course of | 242 |
engaging in the business or employment,
he eitherthe
licensee or | 243 |
registered employee
shall
satisfactorily complete a firearms
basic | 244 |
training program
that includes twenty hours of handgun
training | 245 |
and five hours of
training in the use of other firearms,
if any | 246 |
other firearm is to
be used, or equivalency training, if | 247 |
authorized,
or shall be a
former peace officer who previously had | 248 |
successfully completed a
firearms training course, shall receive a | 249 |
certificate of
satisfactory completion of that program or written | 250 |
evidence of
approval of the equivalency training, shall file an | 251 |
application
for registration, shall receive a firearm-bearer | 252 |
notation on
histhe licensee's or registered employee's | 253 |
identification card, and shall annually requalify
on a firearms | 254 |
range, all as described in division (A) of section
4749.10 of the | 255 |
Revised Code. A private investigator, security
guard provider,
or | 256 |
employee is authorized to carry a firearm only
in accordance
with | 257 |
that division. | 258 |
(E) This section does not apply to commissioned peace | 259 |
officers,
as defined in division (B) of section 2935.01 of the | 260 |
Revised
Code,
working for, either as an employee or independent | 261 |
contractor, a class
A, B, or C licensee. For purposes of this | 262 |
chapter,
a commissioned peace officer is an employee exempt from | 263 |
registration. | 264 |
Section 3. Section 4749.01 of the Revised Code is presented | 267 |
in this act
as a
composite of the section as amended by both
Am. | 268 |
Sub. S.B. 162 and
Am. H.B. 229 of the 121st General Assembly. The | 269 |
General Assembly,
applying the
principle stated in division (B) of | 270 |
section 1.52 of
the Revised
Code that amendments are to be | 271 |
harmonized if
reasonably capable of
simultaneous operation, finds | 272 |
that the
composites are the resulting
versions of the sections in | 273 |
effect
prior
to the effective date of
the sections as presented in | 274 |
this
act. | 275 |