# Title 43 — Occupations and Professions

## Chapter 43-30 — Investigative and Security Services

### § 43-30-01. Definitions.

As used in this chapter, unless the context or subject matter otherwise requires:
1. "Board" means the private investigative and security board.
2. "Employee" means an employee under a contract of employment as defined in chapter
34-01, and not an independent contractor as defined by the common-law test.
3. "Executive director" means a person appointed by the board on a full-time or part-time
basis to be responsible and accountable to the board for the proper administration of
the board's duties.
4. "License" includes a registration issued by the board.
5. "Licensee" includes an individual who is registered by the board.
6. "Private investigative service" means, for a fee, reward, or other consideration,
undertaking any of the following acts for the purpose of obtaining information for
others:
a. Investigating the identity, habits, conduct, movements, whereabouts,
transactions, reputation, or character of any person or organization;
b. Investigating the credibility of persons;
c. Investigating the location or recovery of lost or stolen property, missing persons,
owners of abandoned property or escheated property, or heirs to estates;
d. Investigating the origin of and responsibility for libels, losses, accidents, or
damage or injuries to persons or property;
e. Investigating the affiliation, connection, or relationship of any person, firm, or
corporation with any organization, society, or association, or with any official,
representative, or member thereof;
f. Investigating the conduct, honesty, efficiency, loyalty, or activities of employees,
persons seeking employment, agents, or contractors and subcontractors;
g. Investigating or obtaining evidence to be used before any authorized investigating
committee, board of award, board of arbitration, administrative body, or officer or
in preparation for trial of civil or criminal cases; or
h. Investigating the identity or location of persons suspected of crimes or
wrongdoing.
7. "Private security service" means furnishing for hire security officers or other persons
to:
a. Protect persons or property;
b. Prevent or detect theft or the unlawful taking of goods, wares, or merchandise, or
to prevent the misappropriation or concealment of goods, wares, merchandise,
money, bonds, stocks, choses in action, notes, or other valuable documents or
papers;
c. Control, regulate, or direct the flow of or movements of the public, whether by
vehicle or otherwise, to assure protection of private property;
d. Prevent or detect intrusion, unauthorized entry or activity, vandalism, or trespass
on private property;
e. Perform the service of a security officer or other person for any of these
purposes; or
f. Transport money or negotiable securities to or from a financial institution or
between business locations on a regular or daily basis, except for mail delivery.
### § 43-30-02. Exemptions.

This chapter does not apply to:
1. Any investigator or officer directly employed by or under any direct contract with the
federal government, state, or any county or city thereof, appointed, elected, or
contracted with, by due authority of law, while engaged in the performance of official
duties. Subcontractors of agencies directly contracted with these entities are not
exempted.

2. Any state's attorney.
3. Any attorneys or counselors at law in the regular practice of their profession and any
paralegal or legal assistant employed by an attorney or law firm when the attorney or
law firm retains complete responsibility for the work product of the paralegal or legal
assistant.
4. Any person engaged exclusively in obtaining and furnishing information as to the
financial standing, rating, and credit responsibility of persons or as to the personal
habits and financial responsibilities of applicants for insurance, indemnity bonds, or
commercial credit.
5. A collection agency or finance company licensed to do business under the laws of this
state, or an employee of one of those companies, while acting within the scope of
employment when making an investigation incidental to the business of the agency,
including an investigation as to location of a debtor and of the debtor's assets or
property, provided the client has a financial interest in or a lien upon the assets or
property of the debtor.
6. Any person making any investigation of any matter in which that person or the person
by whom that person is solely employed is interested or involved.
7. A person whose sole investigative business is obtaining or furnishing information about
acts or individuals from public records, other than those investigating the location or
recovery of abandoned or escheated property, owners of abandoned or escheated
property, or heirs to estates.
8. An expert who specializes in a specific, limited area of practice, including automotive
accident reconstructions, fire origin and cause investigations, technical surveillance
countermeasures, handwriting analysis, auditor, accountant or accounting clerk
performing audits or accounting functions, or other areas of practice covered by other
licensure in the state, and other areas determined by the board, that fall within the
individual's scope of employment, incidental to the investigative profession.
9. Persons reporting for any media, including news reporters or news investigators.
10. A person providing mystery or secret shopping services, or providing a similar service,
used for evaluating customer service, products, services, pricing, locations, or
consumer issues so long as the evaluation is not for purposes of litigation or
discovering violations of law.
### § 43-30-02.1. Fair housing law compliance - Exception - Penalty.

This chapter does not apply to a person testing for fair housing law compliance who is
employed by or volunteers with an organization recognized for this purpose under federal or
state law and who meets the requirements, except for actual registration, of a registered private
investigator established by the board. These requirements include a state and nationwide
criminal history background record check conducted by the bureau of criminal investigation and
the federal bureau of investigation. The results of the state and nationwide criminal history
background record check must be on file with the organization. The board, at its request, may
review the criminal history background record check and other information related to any person
conducting the compliance test. Any person who knowingly violates the requirements for an
exception under this section is guilty of a class B misdemeanor.
### § 43-30-02.2. Proprietary security.

A proprietary employer is a person who employs an individual to provide security for that
person's own property or protection. A proprietary employer is not required to be licensed as a
private security service if the employer does not offer or provide security services to others.
Proprietary security employees may be voluntarily registered as security officers under section
### § 43-30-06. In order to be registered as a proprietary security officer, an employee must meet all

of the requirements to be registered as a security officer except for:
1. Employment by a licensed private security service; and
2. Supervision by an individual who is licensed to provide security services.

### § 43-30-03. Private investigative and security board.

The governor shall appoint a private investigative and security board. The board must
consist of not fewer than five nor more than eleven members appointed for staggered four-year
terms. When making appointments, the governor shall consider whether there is member
representation from the western, central, and eastern geographic regions of the state. Each
member of the board must be knowledgeable in private investigative or private security matters.
A majority of the members of the board must be actively engaged in the private investigative or
security profession, with at least one member actively engaged in law enforcement. Members of
the board may not receive compensation for service on the board, but are entitled to receive
reimbursement for expenses incurred in performing official duties in the amounts provided by
law for state employees.
### § 43-30-04. Powers of the board.

1. The board shall establish by rule the qualifications and procedures for classifying,
qualifying, licensing, bonding, and regulating persons providing private investigative
and security services, including armed security personnel. The rules adopted under
this section addressing qualifications of security officers must recognize active
members of the national guard and former members of the national guard, reserve, or
regular armed forces of the United States, who were not dishonorably discharged, as
having met any related experience requirements. All rules adopted by the board and
appeals therefrom must be in accordance with chapter 28-32.
2. The board may hire office personnel deemed necessary by it for carrying on its official
duties and shall set the compensation to be paid to the personnel.
### § 43-30-04.1. Continuing education requirements.

The board may adopt rules establishing the requirements for the continuing education of
persons licensed under this chapter. The board may refuse to renew, suspend, or revoke any
license issued under this chapter or place on probationary status any licensee on proof that the
licensee has failed to meet the applicable continuing education requirements. Applicants for
accreditation of continuing education courses, classes, or activities may be charged a
reasonable fee as determined by the board.
### § 43-30-05. License required to provide private investigative or security services -

Exclusivity.
A person may not provide private investigative or security services without a license issued
by the board. Notwithstanding any other law or ordinance, a person may not be required to
obtain a license to provide private investigative or security services in this state other than the
license required by this chapter.
### § 43-30-05.1. Temporary license or registration.

The board may issue a temporary license or registration upon payment of the required
application fee and satisfaction of all other requirements set by the board for licensure or
registration under this chapter except for completion of a nationwide criminal history record
check on the applicant under section 43-30-06. A temporary license or registration issued under
this section expires without further action by the board on the date the board receives the
results of the nationwide criminal history record check on the applicant. An additional fee may
not be charged for the temporary license or registration, but an application fee is not refundable
if the board denies the application.
### § 43-30-05.2. Peace officers.

Notwithstanding section 12.1-13-04, the board may issue a license to an individual who is a
peace officer if the license issued to that peace officer under chapter 12-63 is on inactive status.

### § 43-30-06. License and registration applications.

Every person who desires to obtain a license or registration, including nonlicensed
members, partners, officers, and owners of at least ten percent interest in the entity, shall apply
to the board on applications prepared and furnished by the board. Each application must include
the information required by the board and must be accompanied by the required fee. As a
requirement of receiving a license or registration, the board shall require each applicant to
submit to a state and nationwide criminal history background record check. The nationwide
criminal history background record check must be conducted in the manner provided in section
### § 12-60-24. All costs associated with the criminal history background record check are the

responsibility of the applicant. Criminal history records provided to the board pursuant to this
section are confidential and closed to the public and may be used by the board for the sole
purpose of determining an applicant's eligibility for licensure and obtaining documentation to
support a denial of licensure. A criminal history background record check is not required under
this section if an applicant for registration has previously been the subject of a state and
nationwide criminal history background record check, has held a registration issued by the
board within the sixty days immediately preceding the application, and is applying for a new
registration due solely to a change in employment. A nationwide criminal history background
record check is not required under this section if an applicant for licensure or registration
provides to the board the results of a nationwide criminal history background record check
performed by the federal bureau of investigation at the request of another state and if the
nationwide criminal history background record check was performed within the sixty days
immediately preceding the date of the application. A state criminal history background record
check is not required under this section if an applicant for registration provides to the board the
results of a state criminal history background record check performed by the state in which the
applicant currently resides and if the state criminal history background record check was
performed within the sixty days immediately preceding the date of the application.
### § 43-30-07. Contents of license - Posting.

Repealed by S.L. 1983, ch. 487, § 13.
### § 43-30-08. Duplicate licenses.

If a loss of a license is shown to the satisfaction of the board, a duplicate thereof must be
issued by the board upon payment of the required fee.
### § 43-30-09. Detective agency license.

The board may establish by rule the procedures to be followed by a private investigator to
operate a detective agency.
### § 43-30-10. Penalty - Injunction - Unlicensed activity.

Any person who violates this chapter or rules adopted under this chapter, or any person
who provides a private investigative service or private security service without a current license
issued by the board, or falsely states or represents that the person has been or is an
investigative officer or employed by an investigative or security officer or agency is guilty of a
class B misdemeanor. In addition to the criminal penalties provided, the civil remedy of an
injunction is available to restrain and enjoin violations of any provisions of this chapter, without
proof of actual damages sustained by any person. An injunction does not preclude criminal
prosecution and punishment of a violator. The board is not liable for the lost income, costs, or
any other expenses that may be incurred by a person against whom an injunction is sought, and
the board may not be required to provide security or a bond. The board may seek costs for
reimbursement of expenses for obtaining an injunction, including attorney's fees. In addition to
issuing the injunction, the court may impose an administrative fee consistent with section
injunction, impose administrative fees, or seek an order of abatement through an administrative
action or in district court.

### § 43-30-10.1. Issuance of citations for unauthorized practice - Administrative fee -

Appeal.
1. The board may issue a citation to a person who the board finds probable cause to
believe has violated section 43-30-10.
2. A citation must be in writing and describe with particularity the nature of the violation.
The citation must also inform the person of the provisions of subsection 5. A separate
citation must be issued for each violation.
3. If appropriate, the citation must contain an order of abatement fixing a reasonable time
for abatement of the violation.
4. The board may assess an administrative fee of:
a. For the first violation, up to two hundred fifty dollars.
b. For the second violation, up to five hundred dollars.
c. For the third or subsequent violation, up to one thousand dollars.
5. To appeal the finding of a violation, the person must request a hearing by written
notice of appeal to the board within thirty days after the date of issuance of the citation.
6. An appeal must be heard under the procedures contained in chapter 28-32, unless the
citation is brought in district court.
7. A citation does not preclude a civil injunction or the criminal prosecution and
punishment of a violator.
### § 43-30-11. Renewal of licenses.

A license to provide private investigative or security services must be renewed on an annual
basis ending on September thirtieth of each year. License fees must be prorated for the portion
of each license period the license is in effect.
### § 43-30-12. Disciplinary action.

The board may refuse to renew, suspend, or revoke a license, or place on probationary
status any licensee, or issue a letter of reprimand to any licensee, for any one or any
combination of the following causes:
1. Fraud in obtaining a license.
2. Violation of this chapter or rules adopted which implement section 43-30-04.
3. If the holder of any license or a member of any copartnership, an officer of any
corporation, or a manager of any limited liability company has been adjudged guilty of
the commission of an offense determined by the board to have a direct bearing upon a
holder's ability to serve the public as a private investigative or security agency, or if the
board determines that, following conviction of any offense, the holder is not sufficiently
rehabilitated under section 12.1-33-02.1.
4. Upon the disqualification or insolvency of the surety of the licenseholder.
5. Any person licensed, certified, or registered by the board pursuant to this chapter who
violates any statute or board regulation and who is not criminally prosecuted is subject
to a monetary penalty, which may be assessed at a hearing under the procedures
contained in chapter 28-32. If the board determines that a respondent is guilty of the
violation complained of, the board shall determine the amount of the monetary penalty
for the violation, which may not exceed two thousand five hundred dollars for each
violation. The penalty may be sued for and recovered in the name of the board. The
monetary penalty must be paid into the board's general fund.
The board may impose a fee on any person subject to regulation under this chapter to
reimburse the board for all or part of the costs of administrative actions resulting in disciplinary
action, including the amount paid by the board for services from the office of administrative
hearings, attorney's fees, court costs, witness fees, staff time, and other expenses.
### § 43-30-13. Notice and hearing on license revocation.

The board may, upon its own motion, and shall, upon the verified complaint in writing of any
person setting forth facts which, if proven, would constitute a violation of this chapter or rules
adopted by the board, investigate the actions of any person holding or claiming to hold a

license. The board shall, before refusing to issue, suspending, revoking, or taking any other
licensure action, notify in writing the applicant or holder of the license of any charges made and
shall afford the accused person an opportunity to be heard in person or by counsel in reference
thereto. The written notice may be served by personal delivery to the accused person, or by
registered mail to the place of business specified by the accused person in the person's last
notification to the board. At the time and place fixed in the notice, the board shall proceed to
hearing of the charges and both the accused person and the complainant must be accorded
ample opportunity to present in person or by counsel such statements, testimony, evidence, and
argument as may be pertinent to the charges or to any defense thereto. The board may
continue the hearing from time to time.
### § 43-30-14. Hearing powers.

The board may subpoena any person in this state and take testimony either orally or by
deposition, or both, with the same fees and mileage and in the same manner as prescribed by
law in judicial procedure in civil cases in courts of this state.
### § 43-30-15. Application of chapter 28-32.

Chapter 28-32 governs the procedures under this chapter. Any decision made by the board
under section 43-30-12 is governed by chapter 28-32.
### § 43-30-16. Examination, license, and registration fees.

The board may charge the following fees:
1. The fee to be paid by an applicant for an examination to determine the applicant's
fitness to receive a license as a private investigator or a license to provide private
security services is one hundred fifty dollars.
2. The fee to be paid by an applicant for the initial issuance or the renewal of a license as
a private investigator or a license to provide private security services is two hundred
twenty-five dollars. A late fee of seventy-five dollars may be charged for each month
the renewal fee is due and unpaid.
3. The fee to be paid by an applicant to apply for a license to conduct a private security
or detective agency is one hundred fifty dollars.
4. The fee for the issuance or the renewal of a license to conduct a private security or
detective agency is four hundred fifty dollars. A late fee of one hundred fifty dollars
may be charged for each month the renewal fee is due and unpaid.
5. The initial fee to be paid by an applicant for the issuance of a private security training
certificate is forty dollars. The fee for the renewal of a private security training
certificate is forty dollars. A late fee of fifteen dollars may be charged for each month
the renewal fee is due and unpaid.
6. The annual fee to be paid by an applicant for the issuance of an armed certificate is
forty-five dollars. A late fee of fifteen dollars may be charged for each month the
renewal fee is due and unpaid.
7. The fee to be paid for the issuance of a duplicate license is thirty dollars.
8. The initial registration fee to provide private investigative service or private security
service is forty-five dollars. The fee for the renewal of a registration to provide private
investigative service or private security service is forty-five dollars. A late fee of fifteen
dollars may be charged for each month the renewal fee is due and unpaid.
9. The initial application fee for a certified course instructor for an armed first responder
training certification is six hundred dollars. A fee for renewal of a course instructor
certification for an armed first responder program is four hundred fifty dollars.
10. The application fee for a non-live remote or online classroom instruction course for
apprentice security officers may not exceed sixty dollars.
11. The fee for the renewal of all nonlicensed officers and owners of at least a ten percent
interest in a private security or detective agency may not exceed sixty dollars. A late
fee not to exceed twenty dollars may be charged for each month the renewal fee is
due and unpaid.
