Chapter SPS 31

Chapter SPS 31

CREDENTIALING REQUIREMENTS AND PROCEDURES FOR PRIVATE DETECTIVE AGENCY, PRIVATE DETECTIVE AND SECURITY PERSON

SPS 31.001   Authority.

SPS 31.01   Credential required.

SPS 31.02   Qualifications.

SPS 31.03   Application procedure for private detective agency licenses.

SPS 31.034   Private detective agency’s responsibility to obtain and maintain a bond or liability policy.

SPS 31.035   Application procedure for private detective licenses.

SPS 31.036   Application procedure for private security permits.

SPS 31.037   Reciprocity for service members, former service members, and their spouses.

SPS 31.04   Examination for private detective licensure.

SPS 31.05   Denial of credential.

SPS 31.06   Additional licensing requirements.

Ch. SPS 31 Note Note: Chapter RL 31 was renumbered chapter SPS 31 under s. 13.92 (4) (b) 1., Stats., Register November 2011 No. 671.

SPS 31.001 SPS 31.001 Authority. The rules in this chapter are adopted pursuant to ss. 227.11 (2) and 440.26 (2), (3), (4), (5m) and (5r), Stats.

SPS 31.001 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97.

SPS 31.01 SPS 31.01 Credential required.

SPS 31.01(1) (1) Private detective agency.

SPS 31.01(1)(a) (a) Except as provided in par. (c), a person shall obtain a private detective agency license before engaging in the following activities:

SPS 31.01(1)(a)1. 1. Advertising, soliciting or engaging in the business of a private detective agency.

SPS 31.01(1)(a)2. 2. Acting as a private detective, private investigator, investigator or private security person.

SPS 31.01(1)(a)3. 3. Acting as a supplier of private security personnel.

SPS 31.01(1)(a)4. 4. Soliciting business or performing any other type of service or investigation as a private detective or private security person.

SPS 31.01(1)(a)5. 5. Receiving any fees or compensation for acting as any person, engaging in any business or performing any service specified in subds. 1. to 4.

SPS 31.01(1)(b) (b) A private detective agency license may be issued to an individual, a partnership, a limited liability company or a corporation.

SPS 31.01(1)(c) (c) An individual who holds a license as a private detective or a permit as a private security person and who is employed by a licensed private detective agency is not required to obtain a private detective agency license before acting as a private detective or a private security person.

SPS 31.01(2) (2) Private detective license.

SPS 31.01(2)(a) (a) A private detective license is required to engage in the services of a private detective.

SPS 31.01(2)(b) (b) A private detective may only provide private detective services on behalf of a private detective agency in the capacity of an employee and not as an independent contractor, unless the private detective has a private detective agency license.

SPS 31.01(3) (3) Private security permit.

SPS 31.01(3)(a) (a) An employee of any licensed private detective agency doing business in this state as a supplier of uniformed private security persons to patrol exclusively on the private property of industrial plants, business establishments, schools, colleges, hospitals, sports stadiums, exhibits and similar activities is exempt from the license requirements under sub. (2), but shall obtain a private security permit as specified in s. 440.26 (5m) or (5r), Stats.

SPS 31.01(3)(b) (b) A licensed private detective may be employed as a private security person without obtaining a private security permit.

SPS 31.01 History History: Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr. (1), renum. and am. (3) to be (3) (a), cr. (3) (b), Register, November, 1997, No. 503, eff. 12-1-97.

SPS 31.02 SPS 31.02 Qualifications.

SPS 31.02(1) (1) Private detective agency license.

SPS 31.02(1)(a) (a) To obtain a license as a private detective agency, an individual applicant, all members of a partnership or a limited liability company, or all corporate officers shall be listed on the application. The application of a partnership or a limited liability company shall be executed by all members of the partnership or limited liability company. An application of a corporation shall be executed by the secretary and the president or the vice president and, in addition, in the case of a foreign corporation, by the registered agent.

SPS 31.02(1)(b) (b) A license may be granted under this section if the individual applicant or the members of a partnership or a limited liability company or all corporate officers who executed the application:

SPS 31.02(1)(b)1. 1. Subject to ss. 111.321, 111.322 and 111.335, Stats., do not have an arrest or conviction record involving a misdemeanor or a violation, as defined in s. 440.26 (4m), Stats.

SPS 31.02(1)(b)1m. 1m. Have not been convicted in this state or elsewhere of a felony, unless pardoned.

SPS 31.02(1)(b)2. 2. Are not users of drugs or alcohol to an extent dangerous to themselves or to other persons or to an extent which could impair a person’s ability to direct or perform private detective or private security activities responsibly.

SPS 31.02(1)(b)3. 3. Does not have a physical, emotional or mental condition that might adversely affect the applicant’s ability to responsibly direct or perform private detective or private security activities.

SPS 31.02(2) (2) Private detective license. An applicant for licensure as a private detective may be granted a license under s. 440.26, Stats., if the applicant:

SPS 31.02(2)(a) (a) Subject to ss. 111.321, 111.322 and 111.335, Stats., does not have an arrest or conviction record involving a misdemeanor or a violation, as defined in s. 440.26 (4m), Stats.

SPS 31.02(2)(am) (am) Has not been convicted in this state or elsewhere of a felony, unless pardoned.

SPS 31.02(2)(b) (b) Is not a user of drugs or alcohol to an extent dangerous to the applicant or others or to an extent which would impair the applicant’s ability to perform private detective or private security activities responsibly;

SPS 31.02(2)(c) (c) Has passed the examination administered by the department as set forth in s. SPS 31.04.

SPS 31.02(2)(d) (d) Does not have a physical, emotional or mental condition that might adversely affect the applicant’s ability to responsibly perform private detective or private security activities.

SPS 31.02(3) (3) Private security person permit. An applicant for a permit as a private security person may be granted a permit under s. 440.26, Stats., if the applicant:

SPS 31.02(3)(a) (a) Subject to ss. 111.321, 111.322 and 111.335, Stats., does not have an arrest or conviction record involving a misdemeanor or a violation, as defined in s. 440.26 (4m), Stats.

SPS 31.02(3)(b) (b) Has not been convicted in this state or elsewhere of a felony, unless pardoned.

SPS 31.02(3)(c) (c) Is not a user of drugs or alcohol to an extent dangerous to the applicant or others or to an extent which would impair the applicant’s ability to responsibly perform private security activities.

SPS 31.02(3)(d) (d) Does not have a physical, emotional or mental condition that might adversely affect the applicant’s ability to responsibly perform private security activities.

SPS 31.02 History History: Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. (1) (a), (b) (intro.), 1., and (2) (a), cr. (1) (b) 1m., (2) (am) and (3), Register, November, 1997, No. 503, eff. 12-1-97; cr. (1) (b) 3., (2) (d) and (3) (d), Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

SPS 31.03 SPS 31.03 Application procedure for private detective agency licenses.

SPS 31.03(1) (1) An applicant for a private detective agency license shall file with the department all of the following:

SPS 31.03(1)(a) (a) A completed application on forms provided by the department.

SPS 31.03 Note Note: Information about application deadlines is available from the division of professional credential processing in the department at 1400 East Washington Avenue, Madison, Wisconsin 53702, telephone [phone].