CHAPTER 121
BAIL ENFORCEMENT, PRIVATE INVESTIGATION, AND
PRIVATE SECURITY BUSINESSES
[Prior to 4/20/88, see Public Safety Department [680] Ch 2]
[Prior to 11/23/05, see 661—Ch 2]
661—121.1(80A) Licensing. The administrative services division shall administer the bail enforcement, private investigation and private security statute. Any questions, comments, information, requests for information, or application for a license or an identification card should be directed to the Program Services Bureau, Iowa Department of Public Safety, State Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319, or, with the exception of applications, by electronic mail via the Internet to piinfo@dps.state.ia.us.
[Editorial change: IAC Supplement 6/17/09]
661—121.2(80A) Definitions. As used in this chapter unless the context otherwise requires:
“Aggravated misdemeanor” means an offense so defined in the Iowa Code or an offense committed in another jurisdiction with a penalty of imprisonment for two years or more.
“Applicant” means any person applying to the commissioner for a license or a permanent identification card.
“Background investigation” means the actions taken by the department to verify that the applicant for a license or employee identification card meets the requirements. Such actions include, but are not limited to, inquiries to the Iowa on-line warrants and articles (IOWA) criminal justice information system for outstanding arrest warrants, active protection orders, sex offender registry records and Iowa criminal history records. A background investigation shall also include the submission of fingerprints of the applicant to the FBI for a nationwide criminal history record check.
“Bail enforcement agent” means a person engaged in the bail enforcement business, including licensees and persons engaged in the bail enforcement business whose principal place of business is in a state other than Iowa.
“Bail enforcement business” means the business of taking or attempting to take into custody the principal on a bail bond issued or a deposit filed in relation to a criminal proceeding to ensure the presence of the defendant at trial, but does not include such actions that are undertaken by a peace officer or law enforcement officer in the course of the officer’s official duties.
“Chief law enforcement officer” means the county sheriff, or the sheriff’s designee, in the county where the defendant is located, or the chief of police, or the chief’s designee, when the defendant is located within the city limits of a city or town which has a police force.
“Commissioner” means the commissioner of the department of public safety or the commissioner’s authorized designee.
“Conviction resulting from domestic abuse” means a conviction at any level in any jurisdiction if the conviction has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. Applicable convictions may include, but are not limited to, crimes of assault, domestic assault, domestic abuse assault, battery, disorderly conduct and other crimes meeting this definition.
“Defendant” means the principal on a bail bond issued or deposit filed in relation to a criminal proceeding in order to ensure the presence of the defendant at trial.
“Department” means the department of public safety.
“Duplicate license” means a license that is issued to substitute for a license that has been lost or destroyed, except that a “duplicate license” shall not mean a “replacement license” as defined herein.
“Felony” means an offense defined as a felony by the jurisdiction in which the offense was committed.
“Licensee” means a person licensed under this chapter.
“Moral turpitude” is an act of baseness, vileness, or depravity or conduct which is contrary to justice, honesty, or good morals. Examples of moral turpitude may include, but are not limited to, the following:
	1.	Any act or pattern of conduct involving dishonesty, fraud, or deception;
	2.	Any act of conducting a bail enforcement, private investigative or private security business in violation of Iowa Code chapter 80A, whether in Iowa or another jurisdiction, or a determination from another jurisdiction that the individual or entity has violated the bail enforcement, private investigative, or private security laws, rules, or regulations of that jurisdiction;
	3.	Any act or pattern of conduct of harassment or stalking;
	4.	Any criminal act of sexual misconduct;
	5.	Any illegal act of selling, delivery, possession with intent to deliver, or manufacturing drugs;
	6.	Conviction resulting from domestic abuse.
“Peace officer” means any such individual as designated by Iowa Code section 801.4, subsection 11.
“Person” means an individual, partnership, corporation, or other business entity.
“Private investigation business” means the business of making, for hire or reward, an investigation for the purpose of obtaining information on any of the following matters:
	1.	Crimes or wrongs which are committed or threatened.
	2.	The habits, conduct, movements, whereabouts, associations, transactions, reputation, or character of a person.
	3.	The credibility of witnesses or other persons.
	4.	The location or recovery of lost or stolen property.
	5.	The cause or origin of or responsibility for fires, accidents, or injuries to property.
	6.	The truth or falsity of a statement or representation.
	7.	The detection of deception.
	8.	The securing of evidence to be used before authorized investigating committees, boards of award or arbitration, or in the trial of civil or criminal cases.
	9.	The locating of owners or heirs of unclaimed funds.
“Private investigative agency” means a person engaged in a private investigation business.
“Private security agency” means a person engaged in a private security business.
“Private security business” means a business of furnishing, for hire or reward, guards, watch personnel, armored car personnel, patrol personnel, or other persons to protect persons or property, to prevent the unlawful taking of goods and merchandise, or to prevent the misappropriation or concealment of goods, merchandise, money, securities, or other valuable documents or papers, and includes an individual who for hire patrols, watches, or guards a residential, industrial, or business property or district.
“Proof of financial responsibility” means proof of the ability of a licensee to respond in damages for liability on account of accidents or wrongdoings occurring subsequent to the effective date of the proof, arising out of ownership and operation of a bail enforcement business, private security business or a private investigation business.
“Replacement license” means a license that is issued to substitute for a license that has been lost or destroyed as a result of damage from flooding, storms or other conditions which form a basis for issuance of a disaster emergency proclamation by the governor pursuant to Iowa Code section 29C.6.
“Reserve peace officer” means a volunteer, nonregular, sworn member of a law enforcement agency who serves under the direction of regular peace officers with or without compensation, has regular police powers while functioning as a law enforcement agency’s representative, and participates on a regular basis in the law enforcement agency’s activities including crime prevention and control, preservation of the peace, and enforcement of law.
“Uniform” means a manner of dress which is of a particular style and distinctive appearance as distinguished from ordinary clothing customarily used and worn by the general public and which clearly identifies the person as an employee of a licensed agency.
661—121.3(80A) Persons exempt. This chapter does not apply to the following:
	121.3(1) An officer or employee of the United States, or a state, or a political subdivision of the United States or of a state while the officer or employee is engaged in the performance of official duties or an employee of a contractor or subcontractor with a federal agency while performing duties pursuant to a contract with the federal agency.
	121.3(2) A peace officer engaged in the private security business or the private investigation business with the knowledge and consent of the chief executive officer of the peace officer’s law enforcement agency.
	121.3(3) A person employed full- or part-time exclusively by one employer in connection with the affairs of the employer.
	121.3(4) An attorney licensed to practice in Iowa, while performing duties as an attorney.
	121.3(5) A person engaged exclusively in the business of obtaining and furnishing information regarding the financial rating or standing and credit of persons.
	121.3(6) A person exclusively employed in making investigations and adjustments for insurance companies. This exemption does not apply to persons who contract with a third party, such as an attorney or a broker, to conduct investigations on behalf of insurance companies. However, this exemption does apply to independent contractors who contract directly with insurance companies and exclusively conduct insurance investigative work.
	121.3(7) A person who is the legal owner of personal property which has been sold under a security agreement, or a conditional sales agreement, or a secured party under the terms of a security interest while the person is performing acts relating to the repossession of the property.
	121.3(8) A person engaged in the process of verifying the credentials of physicians and allied health professionals applying for hospital staff privileges.
	121.3(9) A person engaged in the business of retrieval and dissemination of public record information.
	121.3(10) A person engaged in the business of process service in either a criminal or civil action, where the determination of the whereabouts of the person is only incidental to the service of process.
	121.3(11) The business of repossession or recovery of property, including debt collection, where the determination of the whereabouts of the person is only incidental to the repossession or collection.
	121.3(12) A person engaged in the business of genealogical research.
	121.3(13) A person who sells, installs, maintains, repairs or monitors burglar alarm systems at protected premises or premises to be protected.
	121.3(14) Iowa Code sections 80A.2, 80A.4(1)“b,” and 80A.4(3) address the ability of peace officers to operate as private investigators and private security guards. The department interprets these three references, when read in concert, to mean the following:
	a. 	An individual peace officer may conduct private investigation business or private security business with permission of the officer’s chief executive, without securing either a state license or identification card.
	b. 	Two or more peace officers may form a partnership to conduct private investigation business or private security business without securing either a state license or identification card. The partnership, association, or business may employ other peace officers to conduct investigation or security functions; however, the chief executive of each partner, association member, owner, or employee must give permission to engage in the business.
	c. 	A partnership owned and operated by peace officers may not employ nonpeace officers to perform investigation or security functions.
	d. 	An agency licensed by the department may not have any peace officers involved in the ownership or management of the agency.
	e. 	An agency licensed by the department may not employ a peace officer to do investigative or security functions.
	f. 	No corporation in the private security or private investigation business is exempt from the license or identification card requirement or limitations on the employment of peace officers.
	121.3(15) A person engaged in the business of transporting prisoners under a contract with the Iowa department of corrections or a county sheriff, a similar agency from another state, or the federal government.
	121.3(16) A person engaged exclusively in the business of providing courier service and who does not wear the uniform or use a marked motor vehicle of a licensed private security agency.
661—121.4(80A) Licenses. Each person who engages in the operation of a bail enforcement, private investigation, or private security business in this state shall be licensed prior to such activity. Each business requires a separate license. For a license to be valid, the business shall have at least one current valid licensee who is a director, officer, partner or person who is involved in the business in Iowa.
	121.4(1) Application for licenses—generally. Anyone who wishes to be considered for a bail enforcement, private investigative or private security license should contact the program services bureau as indicated in rule 661—121.1(80A) and request application information.
	121.4(2) Jurisdiction. Any private investigative, private security, or bail enforcement business shall be licensed in Iowa if it is conducting business in Iowa. The department will consider the following factors when determining jurisdiction:
	a. 	Whether the private investigative, private security, or bail enforcement business has an office or place of business in Iowa, is organized in Iowa, or conducts business in Iowa.
	b. 	Whether services are provided to a client who resides in Iowa, is organized in Iowa, has an office or place of business in Iowa, provided that some of the services are conducted in Iowa.
	c. 	Types of activities that are viewed as demonstrating jurisdiction in Iowa include, but are not limited to, the following:
	(1)	A private investigation business conducts an investigation that occurs entirely or partially in Iowa.
	(2)	A private investigation business investigates a criminal, civil, or administrative case that originates or is filed in Iowa.
	(3)	A private security business conducts security at any location in Iowa.
	(4)	A bail enforcement business takes into custody, or attempts to take into custody, a defendant in an Iowa criminal case.
	(5)	A business provides bodyguard service to a person who resides in or regularly does business in Iowa.
	(6)	A business provides armored car service to a client who resides in or does business in Iowa, if part of the services are conducted in Iowa.
	d. 	Types of activities that are not, by themselves, viewed as demonstrating jurisdiction in Iowa include, but are not limited to, the following:
	(1)	A non-Iowa-based private investigation business works on a criminal, civil, or administrative case that originates and is filed in another state, but that contains some investigative elements in Iowa.
	(2)	A non-Iowa-based business provides bodyguard service to a client who does not reside in Iowa and only occasionally does business in Iowa.
	(3)	A bail enforcement business takes into custody, or attempts to take into custody, a defendant in a criminal case filed in another state.
	e. 	The fact that a business uses the Internet to retrieve public record information from Iowa databases does not, absent other factors, establish jurisdiction in Iowa.
	121.4(3) Forms. An applicant for a license or identification card shall execute forms provided by the department. These forms must be submitted to the commissioner and will not be processed unless complete. The forms used in the administration of this chapter are as follows:
	a. 	Application for Bail Enforcement Agency License, Private Investigative Agency License and/or Private Security Agency License, Form #PD1.
	b. 	Identification Card Application for: Private Investigator/Private Security Guard/Bail Enforcement Agent, Form #PD2.
	c. 	Application for License Renewal, Form #PD3.
	d. 	FBI Fingerprint Card, Form #FD–258.
	e. 	Limited Liability Company, Form #PD5.
	f. 	License Surety Bond, Form #PD6.
	g. 	Corporate Information, Form #PD7.
	h. 	Identification Card, Form #PD8.
	121.4(4) Application requirements. An applicant for a license as a bail enforcement agency, private investigative agency or private security agency must submit the following to complete the application process:
	a. 	A completed Application for Bail Enforcement Agency License, Private Investigative Agency License and/or Private Security Agency License (Form #PD1) for each individual.
With respect to an applicant who is a corporation, Form #PD1 must be completed by each officer or director who is actively involved in the licensed business in Iowa.
With respect to an applicant who is a partnership or association, Form #PD1 must be completed by each partner or association member.
	b. 	Two completed Fingerprint Cards (Form #FD–258) and the associated processing fees for each individual identified in paragraph “a” of this subrule.
	c. 	A completed surety bond form (Form #PD6) issued by a surety company authorized to do business in this state.
	d. 	If the applicant is a corporation, a completed Corporate Information form (Form #PD7).
	e. 	Two 1″ × 1″ color photographs of the head and shoulders of each individual identified in paragraph “a” of this subrule, taken not more than one year prior to application.
	f. 	A fee of $100 for each agency license requested, plus $10 for each application form for an employee identification card (Form #PD2) requested pursuant to this subrule.
	g. 	Proof of financial responsibility.
	h. 	Pictures, photocopies or physical descriptions of all uniforms, hats, badges, and insignia to be used by the private security agency.
	121.4(5) Abandonment of applications. If an applicant for an agency license fails to complete the application within six months after it has been filed, the application shall be deemed abandoned. Any application submitted subsequent to the abandonment of a former application shall be treated as a new application, and must be filed in accordance with subrule 121.4(4).
	121.4(6) Proof of financial responsibility. Proof of financial responsibility shall be given by filing a certificate of insurance from a licensed insurance company demonstrating coverage for general liability, completed operations and personal injury. Personal injury insurance shall include coverage for the following groups of offenses:
	a. 	False arrest, detention, or imprisonment, or malicious prosecution.
	b. 	Libel, slander, defamation or violation of rights of privacy.
	c. 	Wrongful entry or eviction or other invasion of rights of private occupancy.
The certificate shall provide that the insurance shall not be modified or canceled unless 30 days’ prior notice is given to the department. Licensees shall have no more than 30 days following any specified expiration dates to comply with insurance requirements. The license shall be automatically revoked if the licensee has not complied with the certificate of insurance requirement within the 30 days.
Exception:  Current licensees who have provided proof of financial responsibility by filing an irrevocable letter of credit as of May 1, 2003, shall be allowed to continue using that means of providing proof of financial responsibility as long as their license remains continuously valid or until such proof is replaced by liability insurance. Licensees who provide proof of financial responsibility pursuant to this exception shall continue to meet the applicable requirements established in subrule 121.4(5) prior to May 1, 2003.
	121.4(7) Mandatory examinee. Rescinded IAB 5/25/05, effective 5/1/05.
	121.4(8) Application for examination. Rescinded IAB 5/25/05, effective 5/1/05.
	121.4(9) Time and place of examination. Rescinded IAB 5/25/05, effective 5/1/05.
	121.4(10) Reexaminations. Rescinded IAB 5/25/05, effective 5/1/05.
661—121.5(80A) License requirements. In order to be considered for a license, the applicant must undergo a background investigation by the department and must meet the following standards:
	121.5(1) Be at least 18 years old;
	121.5(2) Not be a peace officer (except a reserve peace officer);
	121.5(3) Never have been convicted of a felony or aggravated misdemeanor;
	121.5(4) Not be an abuser of alcohol or a controlled substance;
	121.5(5) Not have a history of repeated acts of violence;
	121.5(6) Be of good moral character. Consideration of whether an applicant is of good moral character includes but is not limited to:
	a. 	Any of the applicant’s references indicating the applicant is not of good moral character;
	b. 	The sheriff of the county of residence or business or the police chief of the city of residence or business so indicating in writing;
	c. 	The applicant’s failing to discharge just obligations;
	d. 	The applicant’s writing a check on an account with knowledge that there are insufficient funds to cover it;
	e. 	The applicant’s failing to pay employees wages legally due the employees;
	f. 	The applicant’s knowingly obstructing justice or interfering in the lawful duties of a peace officer or with any official investigation;
	g. 	Unless rendered confidential by law, the applicant’s failing to report:
	(1)	A serious crime, or
	(2)	The location of any stolen property;
	h. 	The applicant’s committing an act which involves moral turpitude, whether or not a criminal conviction occurred.
	i. 	The applicant’s being subject to any court order that restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, and includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child, or explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury;
	j. 	The applicant’s being a registered sex offender in any jurisdiction;
	k. 	The applicant’s being the subject of any arrest warrant, mittimus or other court order for detention in any jurisdiction.
	121.5(7) Not been convicted of any crime defined in Iowa Code section 708.3, 708.4, 708.5, 708.6, 708.8, or 708.9, or a like offense in another jurisdiction;
	121.5(8) Not been convicted by any court of illegally using, carrying, or possessing a dangerous weapon;
	121.5(9) Not have a history of mental illness or instability.
661—121.6(80A) Identification cards. Each person employed by and engaged in the business of a licensed bail enforcement, private investigative or private security agency must obtain an employee identification card from the department and must meet the standards established in rule 661—121.5(80A). However, applicants for employee identification cards are not required to comply with surety bond or proof of financial responsibility requirements as those requirements have already been met by the licensed agency. For purposes of this rule, an employee who is required to obtain an identification card from the department is an agent or employee of a licensed agency who is engaged in the activities of the business which render it subject to the regulation of Iowa Code chapter 80A. Employees who are engaged exclusively in the unregulated activities of a licensed agency are considered exempt from this standard. Such exempt activities include clerical work, dispatching, building maintenance, vehicle maintenance, payroll and other financial processing, selling and taking tickets, parking cars and other activities that do not provide direct security services and that are generally conducted away from a contracted job site.
	121.6(1) To obtain an employee identification card, the licensed agency shall submit:
	a. 	A completed Identification Card Application for: Private Investigator/Private Security Guard/Bail Enforcement Agent, Form #PD2;
	b. 	Two 1″ × 1″ color photographs of the head and shoulders of the applicant; and
	c. 	Two completed fingerprint cards (Form #FD–258), with the associated processing fees.
	121.6(2) Reserved.
661—121.7(80A) License and background investigation fees.
	121.7(1) A fee of $100 shall accompany each application for a bail enforcement, private investigative or private security license. If the application is approved, the money shall be applied to the license fee, but if the application is disapproved, the deposited application fee shall be refunded to the applicant. Application fees shall not be refunded for abandoned applications described in subrule 121.4(5) or for canceled, suspended or revoked licenses.
	121.7(2) A nonrefundable fee to cover the cost of processing fingerprint cards through the FBI must be submitted with each new or renewal application and with each application subsequent to a license cancellation or revocation. If fingerprints are rejected as unreadable the first time they are submitted, they may be resubmitted once for no additional fee. If fingerprints are submitted twice and both submissions are rejected as unreadable, subsequent submissions shall require additional processing fees, which shall be included with the submissions. Information regarding fees may be obtained by contacting the department as provided in rule 661—121.1(80A).
661—121.8(80A) Display of license. Immediately upon receipt of the license issued by the department, the licensee named therein shall cause such license to be posted and at all times displayed in a conspicuous place in the licensee’s principal place of business within the state, so that all persons visiting such place may readily see it. If there is more than one place of business, then there shall be a photocopy of the original license posted in every such place of business. The licensee shall notify the commissioner of each location where a copy of the license is posted. If the licensee has no office in the state of Iowa, the licensee shall post the license at the principal place of business and notify the commissioner of the address where such license is posted. Such license shall at all reasonable times be subject to inspection by the commissioner. It shall be unlawful for any person holding such license to post such license or to permit such license to be posted upon premises other than those authorized therein. Every license, and each copy thereof, shall be surrendered to the department within seven days after written notice to the holder that such license has been revoked. Failure to comply with any of the provisions of this rule is sufficient cause for revocation of the license.
661—121.9(80A) Duplicate license. The commissioner shall issue a duplicate license upon the payment of $5 and upon receiving a written statement that the original license has been lost, destroyed, stolen or otherwise rendered useless, and that if the original license is recovered, the original or the duplicate will be returned immediately to the department.
661—121.10(80A) License renewal. Each applicant for a license renewal must execute Form #PD3 provided by the department. This renewal form and two completed FBI Fingerprint Cards (Form #FD–258) shall be submitted to the commissioner not less than 30 days prior to expiration of the applicant’s current license and shall not be processed unless complete. In order for the application to be complete, the applicant must satisfy the requirements of rules 661—121.4(80A), 661—121.5(80A), and 661—121.7(80A) and, for renewals of private investigation licenses, 661—121.22(80A).
In the event the department has not processed a complete renewal application prior to the lapse of the license, the renewal shall be deemed temporarily granted until the department issues a new license or denies the renewal.
In no event will a renewal license be granted if the application for renewal is received by the department after the expiration date of the existing license.
If the former licensee wishes to continue the bail enforcement, private investigative or private security business, all of the requirements for an initial application must be met.
661—121.11(80A) Employee identification cards.
	121.11(1) The employee identification card issued by the commissioner shall include the employee’s name and color photograph, agency name and number, type of business, date of issuance and identification card number.
The identification card shall be evidence that the holder is duly authorized to work for the licensed agency. The holder shall have this card in the holder’s possession at all times when acting within the scope of employment. Failure to do so may result in suspension or revocation of the identification card or the agency license. This identification card shall remain the department’s property. When any person to whom a card is issued terminates the person’s position for any reason, the card must be surrendered to the commissioner within seven days. In the event of loss, destruction, or theft of this card, the licensee shall within five days of such discovery send to the commissioner a written report that describes the circumstances surrounding the loss, destruction, or theft. If the agency license has been terminated or revoked, the agency must return the license and all identification cards to the commissioner within seven days. The penalty for any knowing or willful misconduct in the use of the identification card may be revocation of the identification card or the agency license or both, depending on the nature and degree of the misconduct.
The fee for each application form (Form #PD2) for an original, temporary, or replacement employee identification card is $10. The fee is refundable for blank, unused forms returned to the department.
A nonrefundable fee to cover the cost of processing fingerprint cards through the FBI shall be submitted with each new application for an employee identification card. If fingerprints are rejected as unreadable the first time they are submitted, they may be resubmitted once for no additional fee. If fingerprints are submitted twice and both submissions are rejected as unreadable, subsequent submissions shall require additional processing fees, which shall be included with the submissions.
	121.11(2) Temporary identification cards. The Identification Card Application for: Private Investigator/Private Security Guard/Bail Enforcement Agent, Form #PD2, shall contain a temporary identification card that shall be valid for 14 calendar days from the date of issuance. This temporary identification card shall be issued to new employees of a licensee so that the requirement that employees have in their possession a valid identification card may be met while the application for a permanent identification card is being processed. The application for an employee identification card must be received by the department in sufficient time to allow four business days for processing. Any application for an employee identification card received by the department without the specified minimum time for processing or after the temporary identification card has expired will be returned to the licensed agency. A new Form #PD2 must then be resubmitted under the requirements of rule 661—121.6(80A).
	121.11(3) Replacement of identification cards. The commissioner shall issue a duplicate employee identification card upon the submission of a complete new application (Form #PD2), with associated fees as required in rule 661—121.6(80A) and upon receipt of a written statement that the original employee identification card has been lost, destroyed, stolen or otherwise rendered useless. If the original employee identification card is recovered, it shall be returned immediately to the department.
	121.11(4) Display of identification cards.  When an employee of a licensed agency is acting within the scope of employment and is requested to produce identification, the employee shall promptly display the employee identification card and allow the requester to reasonably examine the identification card and write down any information contained thereon. Failure to comply may result in revocation of the identification card or license. The employee may refuse to comply with the request to produce identification if, and only if, displaying the employee identification card would put the employee or another person in danger, or would jeopardize an assignment or investigation.
661—121.12(80A) Badges, uniforms, insignia, patches and hats. No badges, uniforms, insignia, patches, or hats will be approved for private investigative or bail enforcement agents. No holder of a license or identification card while performing the duties of a private security guard shall wear any uniform, or wear, display, or likewise use any badge, insignia, patch, shield, or the like, without prior written approval of the commissioner. Any person wearing an approved uniform shall carry a valid identification card issued by the department.
The commissioner will not approve any item subject to this rule if in the commissioner’s opinion it would cause a person to confuse the operation of the licensed business with that of a law enforcement agency. The commissioner may consider the appearance of the badge, uniform, insignia, patch or hat of the requesting agency, as well as the appearance of badges, uniforms, insignias, patches or hats of law enforcement agencies in or near the area in which the requesting agency performs services. The commissioner may also consider any other information when making a decision regarding the approval of any item subject to this rule.
Badges, insignia and patches will be approved only for private security as a part of an approved uniform. No badge, insignia, patch or hat will be approved which contains the word or words “police,” “officer,” “policeman,” or “enforcement,” or the Great Seal of the State of Iowa. The words “security” and “officer” may be used when they appear as the single term “security officer.”
661—121.13(80A) Advertisement, cards, letterhead and the like. No holder of a license or identification card shall use, display, cause to be printed or distributed in any fraudulent, false, or misleading manner, cards, letterheads, circulars, brochures, or any other advertising material or advertisement in which any name or indicia of the license status of the licensee is set forth in any manner other than the name under which the licensee is duly licensed.
Such holder of a license or identification card shall not publish or cause to be published any advertisement, letterhead, circular or statement or phrase of any sort which suggests that the holder is a peace officer.
Any violation of this rule may result in suspension or revocation of the identification card or the license, and possible referral for criminal prosecution.
661—121.14(80A) Misleading statements. No holder of a license or identification card may make any statement which indicates or tends to indicate the individual is a peace officer.
661—121.15(80A) Reports. Any private investigative agency licensee who provides services to any client in this state shall make and offer to the client a typed or legibly written ink report containing the findings and complete details of the investigation, a copy of which shall be retained by the licensee for three years and made available to the commissioner for examination at any reasonable time upon a complaint from the client for whom the report was prepared. In the event a client does not desire a written report, the licensee will note the time and date on the file copy of the report that the client stated no desire for a written report or refused the offer. A private security agency need not submit a written report unless the client so requests one.
Descriptive reports, chronological reports, and cover letters to the client shall be personally signed by the licensee or the licensee’s designee. The licensee’s file copy will reflect the names of all participating employees and a description of the work performed by each one.
661—121.16(80A) Denial, cancellation, suspension, or revocation of a license or identification card.
	121.16(1) Actions by the commissioner. The commissioner may deny, suspend, cancel or revoke a license or identification card(s) for any of the following reasons:
	a. 	Failure to comply with all of the provisions of Iowa Code chapter 80A and Iowa Administrative Code, 661—Chapter 121.
	b. 	Receipt by the department of a certificate of noncompliance from the child support recovery unit of the Iowa department of human services, as provided for in Iowa Code chapter 252J.
	c. 	Receipt by the department of written notice that the licensed agency is no longer conducting business and is abandoning the remaining term of the license.
	121.16(2) Voluntary suspension. The commissioner may allow an agency to place its license in voluntary suspension and may reinstate the license when all requirements are met. The license shall expire at the time of renewal unless all requirements are met.
	121.16(3) Surrender of license and identification card(s). Every license, and each copy thereof, and all employee identification cards shall be surrendered to the department within seven days after written notice to the holder that such license has been canceled, abandoned, suspended or revoked.
	121.16(4) Surrender of identification card(s). An employee identification card shall be surrendered to the department within seven days after written notice to the licensee that such employee identification card has been canceled or revoked.
	121.16(5) Temporary denial or suspension. An agency license or employee identification card shall be temporarily denied or suspended until the outcome of any pending action is known if the result of that action would disqualify the applicant, licensee or employee.
661—121.17(80A) Licensee’s duty regarding employees. The licensee shall be held responsible for ascertaining that all the licensee’s employees meet the requirements of the bail enforcement, private investigation and private security statute and rules.
The licensee shall report to the commissioner any violations of the statute and rules, and inconsistencies thereof, and take immediate steps to be in compliance with such statute and rules.
The licensee is responsible for ensuring that each employee who is required to obtain an identification card from the department has a valid temporary or permanent identification card in the employee’s possession prior to the employee’s commencing work.
Failure to meet these requirements may result in suspension or revocation of the license or identification card(s).
661—121.18(80A) Campus weapon requirements. In addition to the requirements of the statutes, nothing in rule 661—4.3(17A,724) shall preclude the sheriff from requiring additional firearm training. However, if the sheriff so requires additional training, the sheriff shall make such training reasonably available to the applicant.
661—121.19(80A) Professional permit to carry weapons. Each person seeking a professional permit to carry weapons must meet the requirements of the Iowa Code and Iowa Administrative Code, 661—Chapter 4.
661—121.20(80A) Appeals. Any action of the department that the applicant or employee considers adverse may be appealed through the process delineated in Iowa Administrative Code, 661—Chapter 10.
661—121.21(252J) Child support collection procedures. The following procedures shall apply to actions taken by the department on a certificate of noncompliance received from the Iowa department of human services pursuant to Iowa Code chapter 252J:
	121.21(1) The notice required by Iowa Code section 252J.8 shall be served upon the applicant, identification card holder, or licensee by restricted certified mail, return receipt requested, or personal service in accordance with Iowa Rule of Civil Procedure 1.305. Alternatively, the licensee, identification card holder, or applicant may accept service personally or through authorized counsel.
	121.21(2) The effective date of revocation or suspension of a license or identification card, or denial of the issuance or renewal of a license or identification card, as specified in the notice required by Iowa Code section 252J.8, shall be 60 days following service upon the licensee, identification card holder, or applicant.
	121.21(3) Licensees, identification card holders, and applicants for licenses or identification cards shall keep the department informed of all court actions and all child support recovery unit actions taken under or in connection with Iowa Code chapter 252J and shall provide the department with copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code section 252J.9, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the child support recovery unit.
	121.21(4) All departmental fees for applications, license or identification card renewal or reinstatement must be paid by the licensee, identification card holder, or applicant before a license will be issued, renewed, or reinstated after the department has denied the issuance or renewal of a license or identification card, or has suspended or revoked a license or identification card pursuant to Iowa Code chapter 252J.
	121.21(5) In the event a licensee, identification card holder, or applicant files a timely district court action following service of a department notice pursuant to Iowa Code sections 252J.8 and 252J.9, the department shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the department to proceed. For the purpose of determining the effective date of revocation or suspension or denial of the issuance or renewal of a license or identification card, the department shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.
661—121.22(80A) Continuing education requirements. The continuing education rules that follow rest upon the premise that the increasing complexity of the private investigation business makes it essential that private investigators who have been granted licenses to practice continue their education; the public interest requires that private investigators keep themselves continually up to date on developments affecting their practice; and formal programs of continuing education provide private investigators the opportunity to continually update themselves on the expanding body of knowledge required to practice the private investigation profession. Compliance with the continuing education requirements of the department shall be as follows:
Each person who is the holder of a license to operate a private investigative agency is required to comply with the continuing education requirements as a condition precedent to renewal of the person’s license.
Each person who is the holder of an identification card to operate as a private investigator is required to comply with the continuing education requirements as a condition precedent to renewal of the employer’s agency license.
	121.22(1) Cost of continuing education. All costs of complying with the continuing education requirements of the department are the responsibility of the licensee who seeks to operate a private investigative agency in this state.
	121.22(2) Basic requirement. A licensee seeking to renew the licensee’s private investigative agency license shall, during the two-year period preceding the agency license expiration date, complete a minimum of 12 hours of acceptable continuing education. Employees of licensees shall, during the two-year period preceding the agency license expiration date, complete a minimum of 12 hours of acceptable continuing education. An employee who has worked for a licensed agency for less than 90 days at the time of the agency license expiration date shall be exempt from the continuing education requirement of this chapter, provided that during the preceding two years the employee has not been employed as a private investigator for a licensed agency or agencies in this state for a combined total of more than 180 days.
	a. 	Applicants who are residents of another state, who are licensed to operate a private investigation agency in their state of residency, and who are actively engaged in the practice in their state of residence, shall not be required to meet the basic continuing education requirement if their state of residence requires similar continuing education to maintain their private investigative agency license.
	b. 	The commissioner shall have the authority to make exceptions for reasons of individual hardship including health (certified by a medical doctor), military service, foreign residency, or other good cause.
	c. 	Applicants for new licenses who have held a private investigative agency license in Iowa within the past two years shall complete a minimum of 12 hours of acceptable continuing education during the two-year period preceding the date of application.
	121.22(3) Measurement standards. The following standards will be used to measure the hours of credit to be given for acceptable continuing education programs completed by individual licensees:
	a. 	Credit will be given for whole hours only, with a minimum of 50 minutes constituting one hour. For example, 100 minutes of continuous instruction would count for two hours; however, more than 50 minutes but less than 100 minutes of continuous instruction would count for only one hour.
	b. 	Only class hours or the equivalent, and not student hours devoted to preparation, may be counted.
	c. 	Service as lecturer or discussion leader of continuing education programs may be counted to the extent that it contributes to the applicant’s professional competence.
	121.22(4) Programs which qualify. The overriding consideration in determining whether a specific program qualifies as acceptable continuing education is that it be a formal program of learning which contributes directly to the professional competence of an individual licensed to practice in this state. It will be left to the individual license holder to determine the course of study to be pursued. Thus, each licensee may study subjects related to the licensee’s particular practice.
	a. 	Continuing education programs will qualify only if:
	(1)	An outline of the program is prepared in advance and preserved.
	(2)	The program is at least one hour (50-minute period) in length.
	(3)	The program is conducted by a qualified instructor, discussion leader, or lecturer. A qualified instructor, discussion leader, or lecturer is anyone whose background, training, education or experience makes it appropriate for that person to lead a discussion on the subject matter of the particular program.
	(4)	A record of attendance is maintained.
	b. 	The following programs are deemed to qualify provided all other requirements of this rule are met:
	(1)	Professional development programs of recognized national and state private investigation organizations.
	(2)	Technical sessions at meetings of recognized national private investigation organizations and their chapters.
	(3)	University or college courses.
	1.	Each semester hour credit shall equal 10 hours toward the requirement.
	2.	Each quarter hour credit shall equal 6 hours toward the requirement.
	3.	Each classroom hour of noncredit courses will equal 1 qualifying hour.
	(4)	Formal organized in-firm and interfirm educational programs.
	(5)	Programs in other recognized organizations (accounting, industrial, legal and others).
	(6)	Other organized educational programs on technical and other related subjects.
	c. 	The following general subject matters are acceptable as long as they contribute to the professional competence of the individual investigator.
	(1)	Accounting and auditing.
	(2)	Management.
	(3)	Computer science.
	(4)	Communications arts.
	(5)	Law.
	(6)	Functional fields of the business, including but not limited to the following:
	1.	Accident investigation.
	2.	Background investigation.
	3.	Business taxes.
	4.	Criminal investigation.
	5.	Court testimony.
	6.	Employee theft.
	7.	Process service.
	8.	Personnel law.
	9.	Product liability.
	10.	Public records availability/access.
	11.	Report writing.
	12.	Substance abuse in the workplace.
	13.	Surveillance techniques.
	14.	Wage and hour law.
	15.	Workers’ compensation law.
Areas other than those listed above may be acceptable if the licensee can demonstrate that they contribute to the licensee’s professional competence. The responsibility for substantiating that a particular program is acceptable and meets the requirements rests solely upon the licensee.
	d. 	Formal correspondence and formal individual study programs contributing directly to the professional competence of an individual which require registration and provide evidence of satisfactory completion will be considered for credit. The amount of credit to be allowed for correspondence and formal individual study programs is to be recommended by the program sponsor and shall not exceed 50 percent of the continuing education requirement.
	e. 	Practical training, also known as field training or on-the-job training, qualifies if it meets the criteria of paragraphs “a” through “c” of this subrule, is accompanied by classroom training in the same topic area, and counts for no more time than the classroom training.
	f. 	The right is specifically reserved to the commissioner to approve or disapprove credit for continuing education claimed under these rules.
	121.22(5) Controls and reporting.
	a. 	Applicants for license renewal must provide a signed statement, on forms provided by the department, setting forth the continuing education in which the licensee and the licensee’s employees have participated in such manner and at such times as prescribed by the commissioner. This information may include:
	(1)	School, firm or organization conducting the course.
	(2)	Location of course.
	(3)	Title of course and description of content.
	(4)	Principal instructor.
	(5)	Dates attended.
	(6)	Hours claimed.
	b. 	The commissioner may require sponsors of courses to furnish attendance lists or any other information the commissioner deems essential for administration of these continuing education rules.
	c. 	The commissioner will verify on a test basis information submitted by licensees. If an application for license renewal is not approved, the applicant will be so notified and may be granted a period of time by the commissioner in which to correct the deficiencies noted.
	d. 	Primary responsibility for documenting the requirements rests with the licensee and evidence to support fulfillment of those requirements must be retained for a period of three years subsequent to submission of the report claiming the credit. Satisfaction of the requirements, including retention of attendance records and written course outlines, may be accomplished as follows:
	(1)	For courses taken for scholastic credit in accredited universities and colleges or high school districts, evidence of satisfactory completion of the course will be sufficient. For noncredit courses taken, a statement of the hours of attendance, signed by the instructor, must be obtained by the permit holder.
	(2)	For correspondence and formal independent study courses, written evidence of completion must be obtained by the licensee.
	(3)	In all other instances, the licensee must maintain a record of the information listed in subrule 121.22(4) and a copy of the course outline prepared by the course sponsor.
	121.22(6) Compliance.
	a. 	Renewals. If a licensee fails to comply with continuing education requirements prior to the expiration of the license, the department may grant a temporary 30-day license. If the licensee does not complete the continuing education requirements within the 30-day period, the license renewal shall be denied. If the former licensee then wishes to continue the private investigation business, all of the requirements for an initial application must be met. This includes continuing education requirements if the new application is submitted within two years of the date on which the last license became invalid.
	b. 	New applications for previously licensed persons. If an applicant for a private investigative agency license has been licensed in Iowa within the past two years, continuing education requirements must be met. Failure to comply shall result in the denial of the license until such time as the requirements are met.
	c. 	Employees. If any employee of a licensee fails to comply with continuing education requirements, the employee’s identification card shall be revoked and the licensee shall surrender the identification card to the department. An employee may reapply for an identification card as if it were an initial application when continuing education requirements have been met.
661—121.23(80A) Reciprocity.
	121.23(1) Eligibility. A temporary permit to conduct business in Iowa may be issued to a private investigative or private security agency licensed in another state provided that the requirements and qualifications in the licensing state are similar to those in Iowa and that the licensing state allows similar privileges by reciprocity. A temporary permit may be issued for a period not to exceed 90 days and is not renewable. Employees of an agency granted a temporary permit must comply with Iowa employee requirements in rules 661—121.6(80A) and 661—121.11(80A).
	121.23(2) Requirements. In order to be considered for a temporary permit, the applicant must undergo a background investigation by the department and shall submit the following:
	a. 	Proof of a current valid bail enforcement, private investigative or private security license in another state. Such license shall be of the same license type as the temporary permit requested from Iowa.
	b. 	A completed Application for Bail Enforcement Agency License, Private Investigative Agency License and/or Private Security Agency License (Form #PD1).
	c. 	Two completed FBI Fingerprint Cards (Form #FD–258), with the associated processing fees.
	d. 	Proof of surety bond issued by a surety company authorized to do business in this state.
	e. 	Proof of insurance.
	f. 	If the applicant is a corporation, articles of incorporation and an Iowa certificate of authority issued by the Iowa secretary of state.
	g. 	Two 1″ × 1″ color photographs of the head and shoulders of the applicant, taken not more than one year prior to application.
	h. 	A fee of $100 for each temporary permit requested.
	i. 	An application, with associated fees, for an employee identification card (Form #PD2) for the temporary permit holder.
	121.23(3) Employee identification cards. The temporary permit holder shall submit an application for an employee identification card for each employee as required in rule 661—121.6(80A).
661—121.24(80A) Replacement license. The commissioner shall issue a replacement license upon receiving a written statement that the original license has been lost, destroyed, stolen or otherwise rendered useless by damage from flooding, storms or other conditions which form a basis for issuance of a disaster emergency proclamation by the governor pursuant to Iowa Code section 29C.6. If the original license is recovered, the original or the replacement will be returned immediately to the department. No fee shall be charged for the issuance of a replacement license.
These rules are intended to implement Iowa Code chapter 80A.
[Filed 6/30/75]
[Filed 6/7/79, Notice 5/2/79—published 6/27/79, effective 8/2/79]
[Filed 11/1/84, Public Hearing Notice 9/12/84—published 11/21/84, effective 1/1/85]
[Filed emergency 12/4/84—published 12/19/84, effective 1/1/85]
[Filed emergency 5/31/85—published 6/19/85, effective 5/31/85]
[Filed 1/10/86, Notice 11/20/85—published 1/29/86, effective 3/6/86]
[Filed 4/1/88, Notice 9/23/87—published 4/20/88, effective 5/25/88]
[Filed emergency 6/29/89—published 7/26/89, effective 7/1/89]
[Filed 10/13/89, Notice 7/26/89—published 11/1/89, effective 1/1/90]
[Filed 12/4/92, Notice 9/16/92—published 12/23/92, effective 2/1/93]
[Filed 11/3/95, Notice 6/7/95—published 11/22/95, effective 1/1/96]
[Filed 7/25/96, Notice 6/19/96—published 8/14/96, effective 10/1/96]
[Filed 3/7/97, Notice 10/9/96—published 3/26/97, effective 6/1/97]
[Filed emergency 6/23/98—published 7/15/98, effective 7/1/98]
[Filed 2/5/99, Notice 7/15/98—published 2/24/99, effective 4/1/99]
[Filed emergency 11/30/00—published 12/27/00, effective 12/1/00]
[Filed emergency 6/5/02—published 6/26/02, effective 7/1/02]
[Filed 2/28/03, Notice 8/21/02—published 3/19/03, effective 5/1/03]
[Filed emergency 4/29/05—published 5/25/05, effective 5/1/05]
[Filed 11/3/05, Notice 6/8/05—published 11/23/05, effective 1/1/06]
[Filed emergency 6/30/08—published 7/30/08, effective 7/1/08]
[Editorial change: IAC Supplement 6/17/09]