37-60-303. License qualifications. (1) Except as provided in subsection (8), an applicant for licensure under this chapter is subject to the provisions of this section and shall submit evidence under oath that the applicant:
(a) is at least 18 years of age;
(b) is a citizen of the United States;
(c) has not been convicted in any jurisdiction of any felony or any crime involving moral turpitude or illegal use or possession of a dangerous weapon, for which a full pardon or similar relief has not been granted;
(d) has not been judicially declared incompetent by reason of any mental defect or disease or, if so declared, has been fully restored;
(e) is not suffering from habitual drunkenness or from narcotics addiction or dependence;
(f) is of good moral character; and
(g) has complied with other experience qualifications as may be set by the rules of the board.
(2) In addition to meeting the qualifications in subsection (1), an applicant for licensure as a private security guard shall:
(a) complete the training requirements of a private security guard training program certified by the board and provide, on a form prescribed by the board, written notice of satisfactory completion of the training; and
(b) fulfill other requirements as the board may by rule prescribe.
(3) In addition to meeting the qualifications in subsection (1), each applicant for a license to act as a private investigator shall submit evidence under oath that the applicant:
(a) is at least 21 years of age;
(b) has at least a high school education or its equivalent;
(c) has not been dishonorably discharged from any branch of the United States military service;
(d) for a period of not less than 3 years:
(i) has been lawfully engaged in the private investigative business;
(ii) has been lawfully employed as a private investigator or been the holder of a certificate of authority to conduct a private investigative business; or
(iii) has been an investigator, detective, special agent, or peace officer of a city, county, or state government or of the United States government; and
(e) has fulfilled any other requirements as the board may by rule prescribe.
(4) Up to one-half of the experience required by subsection (3)(d) may be met by a combination of education and training as accepted by the board. All college credits must be from an accredited college or university and be verified by transcript.
(5) Applicants who will wear or carry firearms in performance of their duties shall submit written notice of satisfactory completion of a firearms training program certified by or satisfactory to the board, as it may by rule prescribe.
(6) The board may require an applicant to demonstrate by written examination additional qualifications as the board may by rule require.
(7) Except for an applicant subject to the provisions of subsection (8), the board shall require a background investigation of each applicant for licensure under this chapter that includes a fingerprint check by the Montana department of justice and the federal bureau of investigation.
(8) (a) A firm, company, association, partnership, limited liability company, corporation, or other entity that intends to engage in business governed by the provisions of this chapter must be incorporated under the laws of this state or qualified to do business within this state and must be licensed by the board.
(b) The board shall establish by rule the license application procedure and application fee for business entities described in subsection (8)(a).
(c) Individual employees, officers, directors, agents, or other representatives of an entity described in subsection (8)(a) who engage in duties that are subject to the provisions of this part must be licensed pursuant to the requirements of this part.
History: En. 66-3308 by Sec. 8, Ch. 234, L. 1974; R.C.M. 1947, 66-3308; amd. Sec. 12, Ch. 550, L. 1983; amd. Sec. 4, Ch. 647, L. 1985; amd. Sec. 5, Ch. 63, L. 1987; amd. Sec. 37, Ch. 481, L. 1997; amd. Sec. 11, Ch. 375, L. 2003.
