Title 43, Chapter 38, Section 11
( 43-38-11)
(a) The board shall have the authority to refuse to grant a license
or registration to an applicant therefor or to revoke the license or
registration of a person licensed or registered by the board or to
discipline a person licensed or registered by the board upon a
finding by a majority of the entire board that the licensee,
registrant, or applicant has: (1) Failed to demonstrate the qualifications or standards for a
license or registration contained in this chapter or the rules or
regulations under which licensure is sought or held. It shall be
incumbent upon the applicant to demonstrate to the satisfaction of
the board that he meets all the requirements for the issuance of a
license or registration and, if the board is not satisfied as to
the applicant's qualifications, it may deny a license or
registration without a prior hearing; provided, however, that the
applicant shall be allowed to appear before the board if he so
desires; (2) Made any false statement or given any false information in
connection with an application for license or registration,
including an application for renewal or reinstatement thereof; (3) Knowingly violated this chapter or violated any rule or
regulation promulgated by the board pursuant to the authority
contained in this chapter; (4) Been convicted, in the courts of this state or of the United
States, or in the courts of any other state, territory, or
country, of a felony, or any crime involving the illegal use,
carrying, or possession of a dangerous weapon, or any crime
involving moral turpitude. As used in this subsection, the term
"felony" shall include any offense which if committed in this
state would be deemed a felony, without regard to its designation
elsewhere. For purposes of this subsection, a "conviction" shall
be deemed to include a finding or verdict of guilty or plea of
guilty, regardless of whether an appeal of the conviction has been
sought; (5) Been arrested, charged, and sentenced for the commission of a
felony, any crime involving the illegal use, carrying, or
possession of a dangerous weapon, or any crime involving moral
turpitude, where: (A) A plea of nolo contendere was entered to the charge; (B) First offender treatment was granted without adjudication of
guilt pursuant to the charge; or (C) An adjudication or sentence was otherwise withheld or not
entered on the charge. The plea of nolo contendere or the order entered pursuant to
Article 3 of Chapter 8 of Title 42 or other first offender
treatment shall be conclusive evidence of arrest and sentencing
for such crime; (6) Become unable to engage in the private detective or private
security business with reasonable skill and safety to the public
by reason of illness; use of alcohol, drugs, narcotics, chemicals,
or any other type of material; or any other mental or physical
condition. The board may, however, after investigation of the
circumstances surrounding each application, approve for licensure
and registration those individuals who produce certified medical
evidence of having been successfully treated and cured of
alcoholism, drug addiction, or mental illness; (7) Committed any act in the practice of the private detective or
private security business constituting dishonesty or fraud; (8) Been convicted of impersonating, or permitting or aiding and
abetting any other person to impersonate, a law enforcement
officer or employee of the United States or of this state or of
any political subdivision thereof in the practice of the private
detective or private security business; (9) Engaged in, or permitted any employee to engage in, the
private detective or private security business without a valid
license or registration issued under this chapter; (10) Willfully failed or refused to render a service or to tender
a report to a client in connection with the private detective or
private security business as agreed between the parties and for
which compensation was paid or tendered in accordance with the
agreement of the parties; (11) Committed a felony, any crime involving the illegal use,
carrying, or possession of a dangerous weapon, or any crime
involving moral turpitude; (12) Knowingly violated, or advised, encouraged, or assisted in
the violation of, any court order or injunction in the course of
the private detective or private security business or knowingly
advised, encouraged, or assisted in the violation of any lawful
order issued by the board; (13) Failed to renew a canceled bond or liability insurance policy in accordance with subsection (d) of Code Section 43-38-6 or failed to supply the financial affidavit required in lieu thereof; (14) Undertaken to give legal advice or counsel; misrepresented
that he is representing an attorney or is appearing or will appear
in any legal proceeding; issued, delivered, or uttered any
simulation of process of any nature which might lead a person to
believe that such simulation, whether written, printed, or typed,
may be a summons, warrant, writ, or other court process or
pleading in any court proceeding; or (15) Failed to demonstrate the qualifications or standards for
licensure or registration contained in this chapter or in the
rules and regulations of the board. It shall be incumbent upon the
applicant to demonstrate to the satisfaction of the board that he
meets all the requirements for licensure or registration; and, if
the board is not satisfied as to the applicant's qualifications,
it shall have the power to deny such licensure or registration. (b)(1) If the board finds that any applicant for licensure or any
prospective registrant is unqualified to be granted such license
or to be registered, the board may:
(A) Deny the application for licensure or registration; or (B) Limit or restrict any license or registration for a definite
period of time. (2) If, after notice and hearing, the board finds that the license
or registration of any holder thereof should be revoked or
otherwise sanctioned, the board may take any one or more of the
following actions: (A) Administer a public reprimand; (B) Suspend any license or registration for a definite period of
time; (C) Limit or restrict any license or registration for a definite
period of time; (D) Revoke or suspend a license or registration; (E) Fine any licensee or registrant in an amount not to exceed
$500.00 for each violation of a law or rule or regulation; or (F) Place a licensee or registrant on probation for a definite
period of time and impose such conditions of probation as will
adequately protect the public during that period. In its discretion, the board may restore or reinstate a license or
registration which has been sanctioned and, in conjunction
therewith, may impose any disciplinary or corrective action provided
for in this chapter. (c) Initial judicial review of a final decision of the board shall
be had solely in the superior court of the county of domicile of the
board. |