This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) "POST" means the Montana Public Safety Officer Standards and Training Council.

(2) "Provisional permit" means the "probationary identification card" used in 37-60-202, MCA, and may also be referred to as a "training permit."

(3) "Retail merchant" as used in 37-60-105, MCA, means a person who operates a store and sells goods to individuals solely for their own use.

(4) "Weapon" as used in 37-60-405, MCA, means TASER devices, OC (pepper) sprays manufactured for security industry use, and collapsible batons, each of which security personnel receive training before using on duty. The term does not include firearms.

(1) License application fees are as follows:

(a) Private security firm or electronic security firm  $250

(b) Security guard or security alarm installer  100

(c) Private investigator  250

(d) Private investigator trainee  150

(e) Process server  100

(f) Private security firearms instructor  150

(g) Armed endorsement for security guard and private investigator  50

(2) License renewal fees are as follows:

(a) Private security firm or electronic security firm  200

(b) Security guard or security alarm installer  100

(c) Private investigator 175

(d) Private investigator trainee 100

(e) Registered process server 100

(f) Private security firearms instructor 125

(g) Armed endorsement for security guard and private investigator  50

(3) Examination fees are as follows:

(a) Registered process server  25

(b) Private investigator  20

(1) Effective July 1, 2024, each private security firm and electronic security firm must, for each security guard or alarm installer they employ:  

(a) provide a laminated photograph identification card using the design specifications in (2);  

(b) update the card when the photograph does not clearly and accurately represent the appearance of the individual;

(c) require the individual to wear or carry the card while performing services and show it upon request; and

(d) collect the card when the employment relationship ends.

(2) Each card must be the size of a standard credit card laminated or made with durable materials and contain the following on the front of the card: 

(a) a clear, recent photograph of the individual displayed prominently on the card;

(b) the first and last name of the individual;

(c) the individual's license type;

(d)  the name of the firm;

(e)  the supervising private investigator if applicable;

(f) the individual's license number preceded by the words "the Department of Labor and Industry License Number";

(g) the card issuance date; and

(h) the QR code from the department-issued license.

(3) Each private investigator and any trainee under the private investigator's supervision must carry a photographic identification card described in (2).

(1) The following licenses must carry insurance in the following amounts and types:

(a) Private investigators - a minimum of $500,000 occurrence form of commercial general liability which includes personal injury.

(b) Electronic security companies - a minimum of $500,000 occurrence form of commercial general liability which includes personal injury and errors and omissions coverage.

(c) Private security firms - a minimum of $500,000 occurrence form of commercial general liability which includes personal injury.

(d) Private security firearms instructors - a minimum of $500,000 occurrence form of commercial general liability which includes personal injury and errors and omissions coverage.

(2) Process servers must maintain a surety bond in the amount of $10,000 for an individual or $100,000 for a firm. A levying officer may not levy on a judgment that exceeds the value of the bond.

(3) The following licensees must carry firearms liability insurance coverage:

(a) armed private investigators;

(b) private security firearms instructors; and

(c) private security firms who employ armed private security guards.

(4) An insurance carrier providing insurance under this rule must be:

(a) licensed in the state in which the insurance was purchased and covered by that state's insolvency fund; or

(b) licensed in the state of Montana.

(5) Licensee subject to this rule must:

(a) immediately inform the department of the cancellation or lapse of required insurance coverage or surety bond; and

(b) direct and authorize the insurance carrier to inform the department of cancellation or lapse of the licensee's required coverage or surety bond.

(6) Licensees must maintain the insurance coverage or surety bond required by this rule at all times of active licensure status.

(1) Effective July 1, 2024, a private security firm must provide and require a private security guard to wear a uniform while on duty.

(2) Security guard uniforms must: 

(a) clearly display in block letters in a color and reflective material that contrasts with the fabric color, the words "security," "security officer," or "security guard" across the front of any cap and across the back of any shirt, vest, or overcoat to be visible at night, in low light, and at a reasonable distance; and

(b)  clearly display the company name in full and the words "security guard" above the left chest pocket area on the front of any shirt, vest, or overcoat on a patch no less than one inch by three inches.

(3) Security vehicles must have "security" clearly displayed on each side of the vehicle. 

(4) Uniforms, vehicles, and equipment must not display any accessory, emblem, insignia, patch, seal, or term that is like any used by any foreign, tribal, federal, state, or local law enforcement agency.

This rule has been repealed.

(1) To qualify for an armed endorsement, an applicant must have:

(a) a current Montana license in good standing as a private investigator or a private security guard;

(b) successfully completed the firearms training program meeting the requirements of ARM 24.182.801, including proof that the applicant qualified with the firearms the applicant will use on duty.

(2) Licensees issued an armed endorsement are approved to wear, carry, or possess the firearms they qualified with, in the performance of licensed duties.

(3) To maintain the endorsement, the endorsee must keep the license in (1)(a) current and in good standing and submit proof of an annual shooting proficiency test using the firearms the armed licensee will use on duty, conducted by a POST-certified firearms instructor or a private security firearms instructor.

This rule has been repealed.

(1) Applicants required to submit fingerprints must first submit a license application and acknowledgement of rights before they take the necessary steps to submit a set of fingerprints to the Montana Department of Justice for examination and issuance of a criminal record history report to the department from the Federal Bureau of Investigation. 

(2) A fingerprint report is valid for six months from the date of the department's receipt of the report.

(3) An incomplete application expires one year after initial submission, and the applicant must reapply, pay a new application fee, and cause the department to receive a new fingerprint report to be considered for licensure.

This rule has been repealed.

This rule has been repealed.

(1) Process server and private investigator applicants must take a written examination and achieve a minimum score of 70 percent on each part of the exam to pass.

(2) Applicants must schedule examinations by appointment with the department.

(3) A fee paid directly to the examination proctor, administrator, or vendor may apply in addition to the department's examination fee.

(4) Applicants must:

(a)  present the proctor with photo identification and authorization to sit for the examination;

(b) deposit with the proctor all electronic devices, books, notebooks, and other papers prior to taking the examination; and

(c) not remove any papers from the examination room.

(5) Process server examinations have a two-hour time limit and examinees may utilize the process server handbook.

(6) Private investigator examinations have no time limit.

(7) An applicant may retake any failed section of the examination upon payment of another examination fee.

(8) Examinations required for armed status are not subject to this rule.

(1) An applicant for a private investigator license who does not meet the experience or examination requirements may apply for a provisional permit and work as a trainee under ARM 24.182.511.

(2) A provisional permit under this rule is subject to annual renewal and is valid until the applicant is issued a license, or until the applicant:

(a) fails the first examination for which the applicant is eligible after the department issues the permit; or

(b) exceeds the time limit to complete the work experience.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) In addition to the qualifications for licensure in 37-60-303, MCA, each private investigator applicant must have:

(a) passed a written examination per ARM 24.182.505;

(b) must submit proof of insurance per ARM 24.182.405; and 

(c) 5,400 hours of experience as follows:

(i) governmental or military employment as a peace officer, detective, special agent, or another investigative position;

(ii) employment in the fire investigative business or as a fire investigator;

(iii) employment as a licensed insurance investigator, with a maximum allowable 2,700 hours; or

(iv) investigative employment approved by the department that is exempt from private investigator licensure in this state.

(2) Applicants who do not meet the experience requirement in (1)(c) may count up to 2,700 hours of training or education as follows:

(a) successful completion and verification of the peace officer basic course at the Montana Law Enforcement Academy;

(b) training related to the scope of practice of a private investigator, as defined in 37-60-101, MCA; or

(c) credits earned from an institution of higher learning related to criminal justice or law.

(3) An applicant who does not meet the total hours of experience requirements in (1) or (2) may apply for a provisional permit to train as a private investigator under the training program per ARM 24.182.804 to complete the remaining number of hours. 

(4) The experience in (1) and training in (2) may be combined to reach the total of 5,400 hours required for licensure.

(5) Training permits may be renewed a maximum of four times.

This rule has been repealed.

(1) In addition to the requirements of 37-60-303, MCA, each security guard applicant must have verification of:

(a) successful completion of the training program required by ARM 24.182.807; and

(b) employment by a private security firm.

(2)  The verifications in (1) are not required to be submitted until after the fingerprint background check is successfully completed but are required as a final condition for the department to issue a license.

(1) In addition to the requirements of 25-1-1102 and 37-60-303, MCA, each process server applicant must have:

(a) passed a written examination per ARM 24.182.505; and 

(b) a surety bond per ARM 24.182.405.

(1) In addition to the requirements of 37-60-303, MCA, each security alarm installer applicant must have: 

(a) verification of successful completion of the training program required by ARM 24.182.810; and

(b) verification of employment by an electronic security firm as a final condition for the department to issue the license.

(2) The verifications in (1) are not required to be submitted until after the fingerprint background check is successfully completed but are required as a final condition for the department to issue a license.

This rule has been repealed.

(1) In addition to the requirements of 37-60-303, MCA, each private security firearms instructor applicant must have:

(a) the insurance required by ARM 24.182.405; and

(b) successfully completed a firearms instructor training course conducted by any of the following:

(i) National Rifle Association (NRA);

(ii) Public Safety Officer Standards and Training Council (POST);

(iii) United States military; or

(iv) federal law enforcement.

(2) An applicant must provide a detailed curriculum outline required by ARM 24.182.801 for department approval.

(3) To maintain licensure as a private security firearms instructor, the licensee must:

(a) maintain insurance required by ARM 24.182.405; and

(b) conduct at least one department-approved firearms course annually or recertify as an instructor every five year.

(4) Instructors may only offer courses in which they have been approved by the department to instruct.

This rule has been repealed.

(1) In addition to the requirements of 37-60-303, MCA, electronic and private security firm applicants must submit:

(a) proof of registration or filing with the Montana Secretary of State's office, if required by the type of firm ownership or by use of an assumed name;

(b)  the type of ownership organization (individual, partnership, limited liability company, or corporation) and the names and addresses of the owners, partners, members, or principal officers of the organization;  

(c) the names and contact information for the designated manager, the principal office, and any branch office located in Montana;

(d)  a list of all types of firearms and weapons that employees will use; and

(e)  the insurance coverage required by ARM 24.182.405.

(2) A security firm must update information provided under this rule within 10 days of any change.

(3) A security firm must notify the department within 10 days of the termination of employment of individual security guards or security alarm installers.

(1) Firearms training courses must meet the objectives of firearm safety and shooting proficiency, with emphasis on shooting distances of less than 15 yards.

(2) Firearms training courses must address the following issues for initial qualification:

(a) firearm familiarization, including:

(i) safety levers;

(ii) decocking levers;

(iii) magazine release;

(iv) slide-lock release; and

(v) reloading;

(b) safe handling of the firearm, emphasizing:

(i) negligent discharge;

(ii) muzzle direction;

(iii) dropping a firearm;

(iv) finger on trigger;

(v) proper grip;

(vi) sight picture;

(vii) proper holstering;

(viii) firearm retention;

(ix) management of malfunctions; and

(x) firearms in the home;

(c) relevant Montana law regarding the use of deadly force, including civil and criminal liability;

(d) shooting judgment; and

(e) shooting proficiency using the firearm or firearms the licensee will use on duty.

(3) To requalify, an armed licensee must annually pass a shooting proficiency test conducted by a POST-certified firearms instructor or private security firearms instructor using the firearm or firearms the licensee will use on duty.

(4) The instructor must:

(a)  require passage of a written test for initial qualification; and

(b) provide each successful participant for initial qualification and annual requalification a certificate that includes:

(i)  the date or dates of course completion;

(ii)  the name of the instructor; 

(iii)  if the course is an initial qualification or an annual requalification; and 

(iv)  the firearm or firearms used to qualify or requalify.

(1) To receive experience credit for on-the-job training for licensure as a private investigator, the training must be:  

(a) conducted under an employer-employee relationship with a private investigator supervisor who is licensed in good standing and without disciplinary action in the past five years;

(b) directly supervised to include daily contact and weekly meetings (in person or by videoconference); and

(c) documented by the trainee and signed off by the supervisor as directed by a form or online submission to the department on a quarterly basis.  

(2)  The content of the training must include:

(a) role and function of the private investigator;

(b) federal, state, and local statutes and rules applicable to the practice of private investigators;

(c) interaction and cooperation with law enforcement;

(d) criminal justice administration and information;

(e) limitations on the use of force and self-defense and the use-of-force continuum;

(f) emergency procedures and hazardous material preparedness;

(g) interviews, interrogations, and report writing;

(h) crisis intervention;

(i) preservation of crime scene and handling of evidence;

(j) ethical and legal issues, including, but not limited to:

(i) Private Investigator Practice Act and related rules;

(ii) criminal law and criminal procedure;

(iii) confidentiality and right of privacy;

(iv) searches of persons and property;

(v) limitations on the power to arrest and detain suspects; and

(vi) treatment of juveniles, persons with physical or mental disabilities, and other special classes (e.g., gender, racial, religious, or cultural);

(k) distinctions between and special issues involved in the following types of investigations: accidents, arson, assets, background, civil, criminal, domestic, industrial/employee conduct, insurance, personal injury (other than auto), and missing person;

(l) investigative photography;

(m) surveillance; and

(n) skip tracing.

(3)  Both a supervisor and a trainee must notify the department within 10 days of the termination of the trainee's employment.

(1) Each private security firm that employs or intends to employ an individual as a private security guard must certify, as a condition for the department to issue the license, that the individual has successfully completed a minimum of 16 hours of training as follows and before practicing as a security guard:

(a) role and function of the security guard;

(b) federal, state, and local statutes and rules applicable to the practice of private security guards;

(c) interaction and cooperation with law enforcement;

(d) limitations on the use of force and self-defense and the use-of-force continuum;

(e) emergency procedures and hazardous material preparedness;

(f) communication skills, report writing, and radio communication;

(g) crisis intervention and crowd control;

(h) patrol techniques; and

(i) ethical and legal issues, including, but not limited to:

(i) confidentiality and right of privacy;

(ii) searches of persons and property;

(iii) limitations on the power to arrest and detain suspects;

(iv) treatment of juveniles, persons with physical or mental disabilities, and other special classes (e.g., racial, religious, or cultural);

(v) preservation of crime scene and handling of evidence;

(vi) weapons or equipment other than firearms to be carried; and 

(vii) preventing abuse of authority.

(2) Training on policies, systems, and procedures internal to the employer may not be included within the total hours of training required by this rule.

(1) Each electronic security company that employs or intends to employ an individual as a security alarm installer must certify, as a condition for the department to issue the license, that the individual has successfully completed a minimum of 16 hours of training as follows and before practicing as a security alarm installer:

(a) role and function of the security alarm installer;

(b) federal, state, and local statutes and rules applicable to the practice of security alarm installers;

(c) national low voltage electrical codes, low voltage limitations, and wiring methods and types;

(d) installation training, including:

(i) manufacturer's product training or industry standard training;

(ii) conducting site survey;

(iii) proper device placement;

(iv) wireless devices;

(v) central station monitoring;

(vi) false alarm prevention; and

(vii) troubleshooting;

(e) safety issues and the Montana Safety Culture Act, including, but not limited to:

(i) the proper use of tools and protective equipment;

(ii) working in enclosed spaces; and

(iii) the proper use and transportation of ladders; and

(f) emergency procedures and hazardous material preparedness.

(2) Training on policies, systems, and procedures internal to the employer may not be included within the total hours of training required by this rule.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

In addition to 37-1-316, MCA and provisions in Title 37, chapter 60, MCA and these rules, the following is unprofessionalconduct:

(1) Becoming involved in investigations on behalf of a client with intent to break the law or to use the information unlawfully;

(2) Committing any act of sexual abuse, sexual misconduct, or sexual exploitation regardless of whether the act is related to the licensee's practice;

(3)  Violating the Montana Human Rights Act, Title 49, MCA, as determined by the Montana Human Rights Commission;

(4) Performing services outside of the licensee's area of training, expertise, competence or scope of practice or licensure;

(5) Using the professional position of trust for illegal gains;

(6) Accepting investigations which conflict with previous or current investigations if the investigations are substantially related;

(7) Failing to provide a client with an accurate and factual report within a time frame specified by mutual agreement;

(8) Expressly or impliedly representing oneself as a member of law enforcement by conduct, dress, advertisement or other representation;

(9) Filing a complaint with, or providing information to the department, which the licensee reasonably knows or ought to know is false or misleading;

(10) Violating any local, state, federal, provincial, or tribal law or rule governing or affecting the practice of any licensee;

(11) Accepting an assignment from a client that is directly adverse to a present client or former client or if there is a significant risk that the assignment will materially limit the licensee's responsibilities to a present or former client;

(12) Failing to supervise, manage, train, or control auxiliary staff or other persons, including licensees, practicing under the licensee's supervision or control;

(13) Discontinuing professional services unless:

(a) services have been completed,

(b) the client requests the discontinuation,

(c) alternative or replacement services are arranged, or

(d) the client is given reasonable opportunity to arrange alternative or replacement services;

(14) Failing to report an incident of unsafe practice or unethical conduct of another licensee to the licensing authority;

(15) Failing to account for funds received in connection with any services rendered or to be rendered;

(16) Failing to put in trust or otherwise properly segregate funds in connection with a specific project for a specific purpose;

(17) Failing to show proof of licensure upon request of any member of the public or law enforcement agency; and

(18) Failing to respond to or cooperate with a department request or inquiry.