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Who is a
California Licensed Private Investigator, and what type of
services may they provided?
7521. A
private investigator within the meaning of this chapter is
a person, other than an insurance adjuster subject to the
provisions
of Chapter 1 (commencing with Section 14000) of Division 5 of
the
Insurance Code, who, for any consideration whatsoever engages in
business or accepts employment to furnish or agrees to furnish
any
person to protect persons pursuant to Section 7521.5, or engages
in
business or accepts employment to furnish, or agrees to make, or
makes, any investigation for the purpose of obtaining,
information
with reference to:
(a) Crime or wrongs done or threatened against the United States
of America or any state or territory of the United States of
America.
(b) The identity, habits, conduct, business, occupation, honesty,
integrity, credibility, knowledge, trustworthiness, efficiency,
loyalty, activity, movement, whereabouts, affiliations,
associations,
transactions, acts, reputation, or character of any person.
(c) The location, disposition, or recovery of lost or stolen
property.
(d) The cause or responsibility for fires, libels, losses,
accidents, or damage or injury to persons or to property.
(e) Securing evidence to be used before any court, board, officer,
or investigating committee.
For the purposes of this section, a private investigator is any
person, firm, company, association, partnership, or corporation
acting for the purpose of investigating, obtaining, and
reporting to
any employer, its agent, supervisor, or manager, information
concerning the employer's employees involving questions of
integrity,
honesty, breach of rules, or other standards of performance of
job
duties.
This section shall not apply to a public utility regulated by the
State Public Utilities Commission, or its employees.
7521.5. (a) A private investigator may provide
services to protect
a person, but not property, which is incidental to an
investigation
for which the private investigator has been previously hired to
perform.
(b) If the private investigator provides those services, he or she
shall comply with the requirements of Article 4 (commencing with
Section 7540), as those provisions relate to the carrying of
firearms
and the receipt of a valid firearms qualification card from the
bureau.
(c) If the private investigator provides those services, he or she
shall comply with the requirements of Sections 7583.39, 7583.40,
and
7583.41, as those provisions relate to the maintenance of an
insurance policy.
(d) If the private investigator provides those services, he or she
shall be subject to the jurisdiction of the disciplinary review
committee, pursuant to Section 7581.2, only with respect to
violation
of the law or regulations relating to firearms.
(e) If a person acts for, or on behalf of a private investigator
in providing those services, that person shall be an employee of
the
private investigator, as defined by Section 7512.11, and there
shall
be an employer-employee relationship, as defined in Section
7512.12,
and that person shall comply with the requirements of this
section
with the exception of the maintenance of an insurance policy.
For more
information please see the entire California
BUSINESS AND PROFESSIONS CODE SECTION 7520-7539
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