Wisconsin Legislature: SPS 31.03(1m)

(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.

(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:

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.

1m. Have not been convicted in this state or elsewhere of a felony, unless pardoned.

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.

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.

(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:

(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.

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

(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;

(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.

(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:

(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.

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

(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.

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

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 Application procedure for private detective agency licenses.

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

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

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 (608)266-0829.

(b) Except as provided in sub. (1m), for each person who, pursuant to s. 440.26 (2) (b), Stats., executes the application, 2 complete and satisfactory sets of fingerprints on forms supplied by the department.

Note: Forms are available on request from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P. O. Box 8935, Madison, Wisconsin 53708.

(d) A bond or liability policy, as required in s. 440.26 (4), Stats.

(e) The complete business location address of the applicant including the office or room number and street address. A post office box without a complete location address is inadequate.

(f) The fee specified in s. 440.05 (1), Stats.

(g) The costs incurred by the department in obtaining information related to the eligibility and qualifications of the applicant.

(1m) A peace officer is not required to file with the department fingerprints under sub. (1) (b), if the peace officer submits with the application for a license a letter from his or her employing law enforcement agency, written not more than one month before the date of the application and stating that the person is currently employed as a peace officer by the law enforcement agency.

(2) For each person who, pursuant to s. 440.26 (2) (b), Stats., executes the application, information about whether the person is or has, within the 5 years preceding the date of application, been a user of drugs or alcohol to an extent dangerous to the person or other persons or to an extent which could impair the person’s ability to perform private detective or private security activities responsibly.

(3) The department shall provide reasonable accommodations to applicants with disabilities who are otherwise qualified.

History: Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr., Register, November, 1997, No. 503, eff. 12-1-97; am. (1) (b), cr. (1m), Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register May 2005 No. 593.

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

(1) A private detective agency shall obtain and maintain a surety bond or liability policy as required under s. 440.26 (4), Stats. If an agency obtains a comprehensive general liability policy, the policy shall include coverage for bodily injury liability, property damage and personal injury. In any case, if an agency permits an officer or employee to carry a firearm in the course of duty, the agency shall obtain a liability policy which shall include coverage for injury or damage resulting from the use of firearms. Evidence of a comprehensive general liability policy shall consist of a certificate of insurance stating the licensee as insured and the department as certificate holder.

(2) Each licensee shall maintain without lapse in coverage the bond or comprehensive general liability policy submitted to the department before the issuance of an original or renewal license.

(3) If a private detective agency obtains a comprehensive general liability policy, the policy shall cover all licensed private detectives and private security personnel employed by the agency.

(4) An individual licensed employee is not required to obtain a bond or liability policy if the employee is covered by the employing agency’s liability policy.

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

SPS 31.035 Application procedure for private detective licenses.

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

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

(b) Two complete and satisfactory sets of fingerprints on forms supplied by the department.

Note: Forms are available on request to the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.

(d) A $2,000 surety bond, if the applicant’s private detective agency employer has obtained a bond pursuant to s. 440.26 (4), Stats.

(e) A complete address of the applicant. A post office box without a complete location address is inadequate.

(f) The fee specified in s. 440.05 (1), Stats.

(g) The costs incurred by the department in obtaining information related to the eligibility and qualifications of the applicant.

(h) A statement signed by an authorized representative of a licensed private detective agency, showing that the applicant will be employed by the agency when acting as a private detective.

(2) An applicant who is or who has, within the 5 years preceding the date of application, been a user of drugs or alcohol to an extent dangerous to the person or other persons or to an extent which could impair the person’s liability to perform private detective or private security activities responsibly shall provide the department all information necessary for the department to determine the applicant’s fitness to practice.

(3) The department shall provide reasonable accommodations to applicants with disabilities who are otherwise qualified.

History: Cr. Register, November, 1997, No. 503, eff. 12-1-97; am. (1) (b), cr. (1m), Register, January, 2001, No. 541, eff. 2-1-01; CR 04-097: r. (1m) Register May 2005 No. 593, eff. 6-1-05; correction in (1) (b) made under s. 13.93 (2m (b) 7., Stats., Register May 2005 No. 593.

SPS 31.036 Application procedure for private security permits.

(1) An applicant for a private security permit shall file with the department all of the following:

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

(b) Two complete and satisfactory sets of fingerprints on forms supplied by the department.

(d) A complete address of the applicant. A post office box without a complete location address is inadequate.

(e) The fee specified in s. 440.05 (1), Stats.

(f) The costs incurred by the department in obtaining information related to the eligibility and qualifications of the applicant.

(g) A statement signed by an authorized representative of a licensed private detective agency, showing that the applicant will be employed by the agency when acting as a private security person.

(2) An applicant who is or who has, within the 5 years preceding the date of application, been a user of drugs or alcohol to an extent dangerous to the person or other persons or to an extent which could impair the person’s ability to perform private detective or private security activities responsibly shall provide the department all information necessary for the department to determine the applicant’s fitness to practice.

(3) The department shall provide reasonable accommodations to applicants with disabilities who are otherwise qualified.

(4) The department shall issue a temporary private security permit pursuant to s. 440.26 (5r), Stats.

History: Cr. Register, November, 1997, No. 503, eff. 12-1-97; am. (1) (b); cr. (1m), Register, January, 2001, No. 541, eff. 2-1-01; CR 04-097: r. (1m) Register May 2005 No. 593, eff. 6-1-05; correction in (1) (b) made under s. 13.93 (2m (b) 7., Stats., Register May 2005 No. 593.

SPS 31.037 Reciprocity for service members, former service members, and their spouses. A reciprocal private detective or private security person license shall be granted to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this section.

Note: Application forms are available on the department’s website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.

History: CR 21-056: cr. Register July 2023 No. 811, eff. 8-1-23; correction made under s. 35.17, Stats., Register July 2023 No. 811.

SPS 31.04 Examination for private detective licensure.

(1) Administration. At least once every month the department shall administer or cause to be administered an examination for the licensure of private detectives.

(3) Subjects tested. The examination shall test the applicant’s knowledge or competence in those areas which the department, after consultation with subject matter experts, determines are appropriate for testing the applicant’s knowledge for protection of public health and safety.

(4) Dishonest act. An applicant may not engage in dishonest acts relating to the examination. The actions taken by the department when dishonest acts occur shall be related to the seriousness of the offense. These actions may include withholding the applicant’s score, entering a failing grade for the applicant, and suspending the ability of the applicant to sit for an examination for a specific period of time after the examination in which the dishonest acts occurred.

(5) Passing score. The score required to pass the examination shall be based on the department’s determination of the level of examination performance required for minimum acceptable competence in the profession. The department shall make the determination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing score for the examination at that point which represents minimum acceptable competence in the profession.

(6) Examination review.

(a) An applicant who fails the examination may request a review of that examination by filing a written request with the department within 30 days after the date on which examination results were mailed to the applicant.

(b) An examination review shall be conducted under the following conditions:

1. The time for review shall be limited to one hour.

2. The examination shall be reviewed only by the applicant and in the presence of a proctor.

3. The proctor may not respond to inquiries by the applicant regarding allegations of examination error.

4. Any comments or claims of error regarding specific questions or procedures in the examination may be placed in writing on the form provided for this purpose. The department shall review the comments or claims in consultation with a subject matter expert. The department shall notify the applicant in writing of the department’s decision. If the decision does not result in a passing grade, the applicant may retake the examination or file a claim of examination error pursuant to sub. (7).

5. An applicant shall be permitted only one review of the failed examination each time it is taken and failed.

(7) Claim of examination error.

(a) An applicant wishing to claim examination error must file a written request for department review in the department office within 30 days of the date the examination was reviewed. The request shall include:

1. The applicant’s name and address;

2. The type of license applied for;

3. A description of the perceived error; including specific questions or procedures claimed to be in error; and

4. The facts which the applicant intends to prove, including reference text citations or other supporting evidence for the applicant’s claim.