Register November 2011 No. 671
Chapter SPS 31
CREDENTIALING REQUIREMENTS AND PROCEDURES FOR PRIVATE DETECTIVE AGENCY, PRIVATE DETECTIVE AND SECURITY PERSON
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. SPS 31.001 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. 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)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)(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)(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 HistoryHistory: 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(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)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)(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)(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)(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 HistoryHistory: 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 31.03SPS 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 NoteNote: 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.
SPS 31.03(1)(b)(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. SPS 31.03 NoteNote: 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.
SPS 31.03(1)(c)(c) One recent photograph of the applicant’s head and shoulders only. SPS 31.03(1)(e)(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. SPS 31.03(1)(g)(g) The costs incurred by the department in obtaining information related to the eligibility and qualifications of the applicant. SPS 31.03(1m)(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. SPS 31.03(2)(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. SPS 31.03(3)(3) The department shall provide reasonable accommodations to applicants with disabilities who are otherwise qualified. SPS 31.03 HistoryHistory: 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 31.034SPS 31.034 Private detective agency’s responsibility to obtain and maintain a bond or liability policy. SPS 31.034(1)(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. SPS 31.034(2)(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. SPS 31.034(3)(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. SPS 31.034(4)(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. SPS 31.034 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. SPS 31.035SPS 31.035 Application procedure for private detective licenses. SPS 31.035(1)(1) An applicant for a private detective license shall file with the department all of the following: SPS 31.035(1)(a)(a) A completed application on forms provided by the department. SPS 31.035(1)(b)(b) Two complete and satisfactory sets of fingerprints on forms supplied by the department. SPS 31.035 NoteNote: 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.
SPS 31.035(1)(c)(c) One recent photograph of the applicant’s head and shoulders only. SPS 31.035(1)(d)(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. SPS 31.035(1)(e)(e) A complete address of the applicant. A post office box without a complete location address is inadequate.
