Commerce

Professional Licensing

Rule 92: Private Investigation Licensing Act Rule

Effective Date: 09/01/2026

Admin. Code Reference: R156-92

Rule Type: Emergency Rule

NOTICE OF EMERGENCY (120-DAY) RULE

Rule or section Number:

R156-92

Filing ID: 58199

Effective date:

09/01/2026

1. Agency Information

Title catchline:

Commerce, Professional Licensing

Building:

Heber M Wells Building

Street address:

160 E. 300 S.

City, state:

Salt Lake City, UT 84111

Mailing address:

PO Box 146741

City, state and zip:

Salt Lake City, UT 84114-6741

2. Contact Persons

Name:

Phone:

Email:

Tracy Taylor

801-530-6621

trtaylor@utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R156-92. Private Investigation Licensing Act Rule

B. Purpose of the new rule or reason for the change:

The Division of Professional Licensing (Division) is filing this proposed rule in accordance with statutory changes made by SB 149 in the 2026 General Session that moved the administration of private investigation licensing from the Department of Public Safety to the Division of Professional Licensing.

New Title 58, Chapter 92, Private Investigation Licensing Act, governs four licenses:

1) private investigation agency license;

2) private investigator agent license, which is a new license;

3) private investigator registrant license; and

4) private investigator apprentice license.

The Division is filing this emergency rule because Division does not have enough time to follow the traditional rule approval process to enact this rule on 09/01/2026, when administration of these professions will be transferred from the Department of Public Safety to the Division.

The Division is filing this emergency rule to temporarily enact licensure requirements and will file a second rule filing following the traditional rule approval process that will permanently enact these requirements.

C. Summary of the new rule or change:

This filing enacts Rule R156-92, Private Investigation Licensing Act Rule, under new Title 58, Chapter 92, Private Investigation Licensing Act.

This rule will enable the Division to administer this license as mandated by statute.

The filing establishes definitions, renewal procedures, qualifications for licensure including an exam requirement for private investigator agents, continuing education requirements, operating standards, and unprofessional conduct.

4. Legislative Action Information

A. Are any changes in this filing because of state legislative action?

Changes are because of legislative action.

B. If yes, any bill number and session:

SB 149 (2026 General Session)

5. Emergency Rule Information

A. The agency finds that regular rulemaking would:

☒

cause an imminent peril to the public health, safety, or welfare;

☐

cause an imminent budget reduction because of budget restraints or federal requirements; or

☐

place the agency in violation of federal or state law.

B. Specific reasons and justifications for this finding:

The Division is filing this emergency rule to ensure continued administration over the licensing of the private investigation licenses.

Administration of private investigation licenses will be transferred from the Department of Public Safety to the Division of Professional Licensing.

6. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This proposed new Rule R156-92 is not expected to impact state government revenues or expenditures beyond the fiscal impact of new Title 58, Chapter 92, Private Investigation Licensing Act, as described in the fiscal note for SB 149 (2026) at:

https://le.utah.gov/~2026/bills/static/SB0149.html.

This proposed new is established in accordance with the mandates of Title 58, Chapter 92, Private Investigation Licensing Act, to administer the licenses under that Chapter and establish operating standards that encompass the statutory requirements and practices in the profession and will not affect existing state government procedures beyond those identified in the fiscal note for SB 149 (2026).

B. Local governments:

This proposed new Rule R156-92 is not expected to impact local governments' revenues or expenditures beyond the fiscal impact of new Title 58, Chapter 92, Private Investigation Licensing Act as described in the fiscal note for SB 149 (2026) at:

https://le.utah.gov/~2026/bills/static/SB0149.html.

This proposed new is established in accordance with the mandates of Title 58, Chapter 92, Private Investigation Licensing Act, to administer the licenses under that Chapter and establish operating standards that encompass the statutory requirements and practices in the profession and will not affect existing local government procedures beyond those identified in the fiscal note for SB 149 (2026).

C. Small businesses ("small business" means a business employing 1-49 persons):

This proposed new Rule R156-92 does not create new obligations for small businesses or increase the costs associated with any existing obligation for small businesses.

This proposed new rule is not expected to impact small businesses' revenues or expenditures beyond the fiscal impact of new Title 58, Chapter 92, Private Investigation Licensing Act, as described in the fiscal note for SB 149 (2026) at:

https://le.utah.gov/~2026/bills/static/SB0149.html.

This proposed new is established in accordance with the mandates of Title 58, Chapter 92, Private Investigation Licensing Act, to administer the licenses under that Chapter and establish operating standards that encompass the statutory requirements and practices in the profession and will not affect existing small businesses' procedures beyond those identified in the fiscal note for SB 149 (2026).

D. Persons other than small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

This proposed new rule is not expected to impact the revenues or expenditures of persons other than small businesses, state, or local government entities beyond the fiscal impact of new Title 58, Chapter 92, Private Investigation Licensing Act as described in the fiscal note for SB 149 (2026) at:

https://le.utah.gov/~2026/bills/static/SB0149.html.

This proposed new is established in accordance with the mandates of Title 58, Chapter 92, Private Investigation Licensing Act, to administer the licenses under that Chapter and establish operating standards that encompass the statutory requirements and practices in the profession and will not affect existing procedures of other persons beyond those identified in the fiscal note for SB 149 (2026).

E. Compliance costs for affected persons:

As described in Box 6.E for other persons, the Division does not anticipate compliance costs for any affected persons.

F. Comments by the department head on the fiscal impact this rule may have on businesses (Include the name and title of the department head):

The Executive Director of the Department of Commerce, Margaret W. Busse, has reviewed this regulatory impact analysis and determined that there is no anticipated fiscal impact on businesses.

7. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Subsection 58-1-106(1)(a)

Subsection 58-1-202(1)(a)

Section 58-92-201

9. Agency Authorization Information

Agency head or

designee and title:

Adam Watson, Assistant Division

Director

Date:

08/25/2026

R156. Commerce, Professional Licensing.

R156-92. Private Investigation Licensing Act Rule.

R156-92-101. Title -- Authority -- Relationship to Rule R156-1.

(1) This rule is known as the "Private Investigation Licensing Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58,

Chapter 92, Private Investigation Licensing Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

R156-92-102. Definitions.

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 92, Private

Investigation Licensing Act. In addition:

(1) "Advertise," "advertising," or "advertisement" means the submission of a bid, contracting or making known by any public notice,

publication, or solicitation of business, directly or indirectly, that services regulated under Title 58, Chapter 92, Private Investigation Licensing Act,

are available for consideration.

(2) "Compensation" as used in Subsection (4)(a)(i) means:

(a) payment in the form of W-2 wages; or

(b) if the qualifying PI agent is a company owner of the PI agency company, the company owner's profit distributions or dividends.

(3) "Conflict of interest" includes a situation where:

(a) representation of one client will be directly adverse to the representation of another client;

(b) there is a significant risk that the individual's business, activities, or employment will materially limit the individual's ability to

faithfully and impartially fulfill the individual's duties and responsibilities as a licensee under Title 58, Chapter 92, Private Investigation Licensing

Act, and this rule; or

(c) an individual holds public duties and responsibilities that the individual cannot exercise concurrently with the duties and

responsibilities that the individual would owe to a client as a licensee under Title 58, Chapter 92, Private Investigation Licensing Act, and this rule.

(4)(a) "Employee" means an individual providing services for a PI agency:

(i) for compensation as a W-2 employee;

(ii) who is listed on the PI agency's or employer's payroll records; and

(iii) who is under the PI agency's or employer's direction and control.

(b) "Employee" does not include an independent contractor.

(5) "General supervision" is as defined in Subsection R156-1-102a(1)(c).

(6) "PI agency" means a private investigation agency under Subsection 58-92-101(6).

(7) "PI agent" means a private investigator agent under Subsection 58-92-101(7).

(8) "PI apprentice" means a private investigator apprentice under Subsection 58-92-101(8).

(9) "PI registrant" means a private investigator registrant under Subsection 58-92-101(9).

(10) "Qualified continuing education" or "qualified CE" means professional continuing education that meets the standards under Section

R156-92-309.

(11) "Supervising PI agent" as used in Section R156-92-305 means an individual who:

(a) is licensed in Utah as a PI agent and is in good standing;

(b) holds collective and individual liability with the licensee for compliance under Title 58, Chapter 92, Private Investigation Licensing

Act, and this rule and may be held fully responsible for a violation; and

(12) "Unprofessional conduct" as defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 92, Private

Investigation Licensing Act, is further defined under Subsection 58-1-203(1)(e), in Section R156-92-502.

(13) "Verification of Investigative Experience Form" means a form that meets the requirements of Subsection R156-92-303(1)(c) or R156-

92-304(e).

(14) "Withdrawal" as used in Subsection 58-92-502(5) means the right that a licensee has to withdraw from a case and refund any portion

of the retainer for which investigative work has not been completed.

R156-92-201a. Renewal Cycle -- Procedures -- Renewal Requirements.

(1) Under Subsection 58-92-201(6):

(a) a current and valid license issued to a licensee under Title 53, Chapter 9, Private Investigator Regulation Act, shall expire on the

expiration date shown on the license; and

(b) a licensee with a license issued under Title 53, Chapter 9, Private Investigator Regulation Act, shall relicense under Title 58, Chapter 1,

Division of Professional Licensing Act, Title 58, Chapter 92, Private Investigation Licensing Act, and this rule.

(2) Under Subsections 58-1-308(1) and 58-92-201(6), the renewal date for the two-year renewal cycle applicable to licensees under Title

58, Chapter 92, Private Investigation Licensing Act, shall be in August of each odd-numbered year.

(3) Renewal procedures shall be in accordance with Sections R156-1-308a through R156-1-308l.

(4) Under Subsections 58-1-308(3)(b)(i) and 58-92-201(6), a PI agent, or PI registrant, or PI apprentice applying for renewal shall:

(a) meet the CE requirements under Section R156-92-309; and

(b) submit to the Division:

(i) a Division-approved renewal form;

(ii) one color passport photograph that:

(A) was taken in the six months immediately preceding the date on which the licensee submits the renewal application; and

(B) if a hard copy is submitted, has the following written on the back of the photograph:

(I) the licensee's name; and

(II) the date the passport photograph was taken;

(iii) a photocopy of the licensee's government issued picture identification; and

(iv) evidence that the licensee has a current and valid surety bond that meets the requirements of:

(A) Subsection R156-92-303(1)(d), if the applicant is a PI agent;

(B) Subsection R156-92-304(1)(f), if the applicant is a PI registrant; or

(5) Under Subsection 58-1-308(3), a PI agent who applies for renewal of the PI agent's PI agency license shall:

(a) meet the requirements of Subsection (4); and

(b) submit to the Division:

(i) a Division-approved renewal form for a PI agency; and

(ii) evidence that the PI agency has current and valid:

(A) comprehensive general liability insurance for the licensee in an amount of at least $500,000; and

(B) workers' compensation insurance, if applicable.

R156-92-302. Qualifications for Licensure -- Background Check Requirements.

Under Subsections 58-92-302(1)(e) and (1)(f), a licensee shall submit the following with the application:

(1) two fingerprint cards; and

(2) a fee established in accordance with Section 63J-1-504 equal to the cost of conducting a check of records for each individual required

to provide a fingerprint card under Subsection (1) with:

(a) the Federal Bureau of Investigation (FBI); and

(b) the Bureau of Criminal Identification (BCI) of the Utah Department of Public Safety.

R156-92-303. Qualifications for Licensure -- Experience -- Examination -- Private Investigator Agent.

(1) Under Subsection 58-92-303(1), an applicant for licensure as a PI agent shall submit the following to the Division:

(a) a copy of the applicant's government issued picture identification;

(b) a color passport photograph of the applicant that:

(i) was taken in the six months immediately preceding the date on which the applicant submits the application for licensure; and

(ii) if a hard copy is submitted, has the following written on the back of the photograph:

(A) the applicant's name; and

(B) the date the passport photograph was taken;

(i) verifies that the applicant has completed at least 5,000 hours of investigative experience that the applicant performed:

(A) within ten years from the date of the application; and

(B) while the applicant was working as a licensed private investigator or an investigator for a governmental entity;

(ii) describes the applicant's investigative experience in detail including:

(A) the number of hours; and

(B) the type of work which the applicant performed; and

(iii) is signed and certified by:

(A) the private investigator or governmental employer for whom the applicant performed the investigative work; or

(B) the individual for whom the applicant performed the investigative work, if the applicant cannot provide certification from a private

investigator or governmental employer under Subsection (1)(c)(iii)(A);

(d) evidence that the PI agent has a current and valid surety bond:

(i) in an amount of at least $10,000; and

(ii) that meets the requirements of Subsection 58-92-303(1)(d); and

(e) an attestation that the applicant does not have a conflict of interest with the individual's duties and responsibilities under Title 58,

Chapter 92, Private Investigation Licensing Act, or this rule.

(2) Under Subsection 58-92-303(1)(c) and Section 58-92-308, an applicant for licensure as a PI agent shall obtain a score of at least 75%

on the Private Investigator Law and Ethics Examination.

(3)(a) Under Subsections 58-92-201(6) and 58-92-303(4), a PI agent shall notify the Division in writing and within 30 days if the PI

agent's surety bond is cancelled or is expired.

(b) Under Subsections 58-92-201(6) and 58-92-303(4), if the Division receives notice that a PI agent's surety bond is cancelled or is

expired under Subsection (3)(a), the Division may take action against:

(i) the PI agent's license; and

(ii) the PI agent's PI agency license, if applicable.

R156-92-304. Qualifications for Licensure -- Private Investigator Registrant.

(1) Under Subsection 58-92-304(1), an applicant for licensure as a PI registrant shall submit the following to the Division:

(a) the name of the licensed PI agency for which the applicant will be an employee or independent contractor;

(b) authorization from a licensed PI agency indicating that the PI agency will employ or contract with the applicant;

(d) a color passport photograph of the applicant that:

(i) was taken in the six months immediately preceding the date on which the applicant submits the application for licensure; and

(ii) if a hard copy is submitted, has the following written on the back of the photograph:

(A) the applicant's name; and

(B) the date the passport photograph was taken;

(e) under Subsection 58-92-304(1)(c), a completed and signed Verification of Investigative Experience Form that:

(i) verifies that the applicant has completed at least 2,000 hours of investigative experience that the applicant performed:

(A) within ten years from the date of the application; and

(B) while the applicant was working as a licensed private investigator or an investigator for a governmental entity;

(ii) describes the applicant's investigative experience in detail including:

(A) the number of hours; and

(B) the type of work which the applicant performed; and

(iii) is signed and certified by:

(A) the private investigator or governmental employer for whom the applicant performed the investigative work; or

(B) the individual for whom the applicant performed the investigative work, if the applicant cannot provide certification from a private

investigator or governmental employer under Subsection (1)(e)(iii)(A);

(f) evidence that the PI registrant applicant has a current and valid surety bond:

(i) in an amount of at least $10,000; and

(ii) that meets the requirements of Subsection 58-92-304(1)(d); and

(g) an attestation that the applicant does not have a conflict of interest with the individual's duties and responsibilities under Title 58,

Chapter 92, Private Investigation Licensing Act, or this rule.

(2) Under Subsection 58-92-304(2)(a) or (b), a PI registrant shall only work under the direction of a PI agency as:

(a) an employee; or

(b) an independent contractor.

(3) Under Subsection 58-92-304(3), a PI registrant may not:

(a) advertise the licensed registrant's services;

(b) conduct investigations independent from the PI agency's direction for the general public; or

(c) employ or hire as independent contractor another licensee under Title 58, Chapter 92, Private Investigation Licensing Act.

(4)(a) Under Subsections 58-92-201(6) and 58-92-304(3), a PI registrant shall notify the Division in writing and within 30 days if the

licensee's surety bond is cancelled or is expired.

(b) Under Subsections 58-92-201(6) and 58-92-304(3), if the Division receives notice that a PI registrant's surety bond is cancelled or is

expired, the Division may take action against the PI registrant's license.

R156-92-305. Qualifications for Licensure -- Private Investigator Apprentice.

(1) Under Subsection 58-92-305(1)(d), an applicant for licensure as a PI apprentice shall submit the following with the application:

(a) the name of the licensed PI agency for which the applicant will be an employee or independent contractor;

(b) authorization from a licensed PI agency indicating that the PI agency will employ or contract with the applicant;

(d) a color passport photograph of the applicant that:

(i) was taken in the six months immediately preceding the date on which the applicant submits the application for licensure; and

(ii) if a hard copy is submitted, has the following written on the back of the photograph:

(A) the applicant's name; and

(B) the date the passport photograph was taken;

(e) name and license number of the supervising PI agent for Division approval;

(f) evidence that the PI agent has a current and valid surety bond:

(i) in an amount of at least $10,000;

(ii) that shall remain in effect throughout the applicant's entire licensing period; and

(iii) that provides that the issuer of the surety bond shall notify the Division if the bond is cancelled or is expired; and

(g) an attestation that the applicant does not have a conflict of interest with the individual's duties and responsibilities under Title 58,

Chapter 92, Private Investigation Licensing Act, or this rule.

(2) Under Subsection 58-92-305(2)(a) or (2)(b), a private PI apprentice shall only work:

(a) for a licensed PI agency as:

(i) an employee; or

(ii) an independent contractor; and

(b) under the general supervision of a Division-approved PI agent.

(3) Under Subsection 58-92-305(3), a PI apprentice may not:

(a) advertise the licensed PI apprentice's services;

(b) conduct investigations independent of a supervising PI agent for the general public; or

(c) employ or hire as independent contractor another licensee under Title 58, Chapter 92, Private Investigation Licensing Act; or

(d) obtain information from the Utah State Tax Commission's Motor Vehicle Division or the Department of Public Safety's Driver License

Division, except the PI apprentice may utilize information from these agencies for a legitimate business need and under the general supervision and

guidance of a licensed PI agency.

(4)(a) Under Subsections 58-92-201(6) and 58-92-305(3), a PI apprentice shall notify the Division in writing and within 30 days if the

licensee's surety bond is cancelled or is expired.

(b) Under Subsections 58-92-201(6) and 58-92-305(3), if the Division receives notice that a PI apprentice's surety bond is cancelled or is

expired, the Division may take action against the PI apprentice's license.

(c) Under Subsections 58-92-201(6) and 58-92-305(3), if the Division takes action against a PI apprentice's license under Subsection

(4)(b), the PI apprentice shall notify:

(i) the PI apprentice's supervising PI agent; and

(ii) the PI apprentice's PI agency.

R156-92-309. Qualified Continuing Education (CE).

(1) Under Section 58-92-309, the qualified CE requirement for a PI agent, PI registrant, or a PI apprentice licensed under Title 58, Chapter

92, Private Investigation Licensing Act, is established in this section.

(2) During each two-year period commencing in August of each odd-numbered year, a licensee under Subsection (1) shall complete at

least 16 hours of qualified CE that includes:

(a) at least four hours of ethics education provided by a nationally recognized association;

(b) at least four hours of education on Utah law, including Title 58, Chapter 92, Private Investigation Licensing Act; and

(i) that is directly related to the licensee's scope of practice; and

(ii) obtained from a nationally recognized association.

(3) A qualified CE course shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program that is directly related to the licensee's

scope of practice;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well-organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training, and experience; and

(e) have records of registration and completion available for review.

(4) The number of required CE hours shall be increased or decreased proportionately based on the date of licensure within the two-year

renewal cycle.

(5) The Division may defer or waive CE requirements as provided in Section R156-1-308d.

(6) A licensee shall maintain documentation sufficient to prove compliance with the CE requirements of this section for a period of three

years from the end of the renewal period for which the CE hours are due.

R156-92-310. Qualified Credit for Specified Training.

(1)(a) Under Section 58-92-310, an applicant may receive credit for a portion of the required investigative experience hours in Section 58-

92-307 in accordance with this section.

(b) An applicant requesting credit under this section shall submit to the Division for review:

(i) official transcripts, if the applicant is requesting credit under Subsection (2) or (4); or

(ii) evidence of having successfully completed a training or experience substantially similar to the training and experience required under

Title 58, Chapter 92, Private Investigation Licensing Act, and this rule, if the applicant is requesting credit under Subsection (5).

(2) Under Subsection 58-92-310(1), an applicant with a bachelor's degree in criminal justice from an accredited college or university may

receive 4,000 hours of investigative experience credit.

(3) Under Subsection 58-92-310(2), an applicant who successfully completed the state Peace Officers Standards and Training (POST)

basic training course may receive 1,000 hours of investigative experience credit.

(4) Under Subsection 58-92-310(3), an applicant with a bachelor's degree in police science from an accredited college or university may

receive 4,000 hours of investigative experience credit.

(5) Under Subsection 58-92-310(3), an individual may submit to the Division for review evidence that the applicant successfully

completed a training or experience substantially similar to the training and experience required under Title 58, Chapter 92, Private Investigation

Licensing Act, and this rule.

R156-92-311. Qualification for Private Investigation Agency Licensure -- Comprehensive General Liability Insurance -- Worker's

Compensation -- Cancellation or Expiration -- Revocation -- Change in Name or Address.

(1) Under Subsections 58-92-201(6) and 58-92-311(3)(b), a PI agent applying for licensure of a PI agency shall submit to the Division:

(a) the name under which the applicant intends to do business;

(b) a current certificate of comprehensive general liability insurance policy for the PI agency that:

(i) contains a limit of liability of at least $500,000;

(ii) is continuous in form and runs concurrently with the license period; and

(iii) requires the insurance company to provide notice to the Division if the liability insurance is cancelled or expires; and

(2)(a) The PI agency applicant's comprehensive general liability insurance under Subsection (1)(b) shall name the Division of Professional

Licensing as the certificate holder; and

(b) A PI agency licensee shall maintain a current comprehensive general liability insurance:

(i) for the duration of the licensing period;

(ii) that meets the requirements of this section; and

(iii) that is available for immediate inspection by the Division during normal working hours.

(3) Under Subsection 58-92-201(6), a PI agency shall notify the Division in writing and within 30 days if the PI agency's:

(a) comprehensive general liability insurance is cancelled or is expired; or

(b) workers' compensation is cancelled or is expired.

(4) Under Subsection 58-92-201(6), if the Division receives notice that a PI agency's comprehensive general liability insurance or worker's

compensation is cancelled or is expired, the Division may take action against the PI agency's license.

R156-92-312. Identification Card.

(1) Under Subsection 58-92-312(1), the Division shall issue to the licensee an identification card that includes on the identification card's

face:

(a) the licensee's name;

(b) indicate that the licensee is licensed as a PI agent, PI registrant, PI apprentice, or PI agency;

(d) the license expiration date; and

(e) a current color photograph of the licensee.

(2) Under Subsections 58-92-201(6) and 58-92-312(1), the Division-issued identification card under Subsection (1) shall state that the

licensee is:

(a) under the direction of a licensed PI agency and may not do investigative work independently for the public, if the licensee is a PI

registrant; or

(b) under the general supervision of a licensed PI agency and may not do investigative work independently for the public, if the licensee is

a PI apprentice.

R156-92-313. Operating Standards -- Prohibitions.

(1) Under Section 58-92-313, a licensee may not:

(a) wear a uniform, use a title, insignia, badge, or designation, or make any representation or statement that would reasonably cause

another individual to believe that the licensee is associated with the federal government, a state government, any political subdivision of a state

government, or a public law enforcement agency; or

(b) display a badge or shield in conjunction with performing the duties of a licensee under Title 58, Chapter 92, Private Investigation

Licensing Act.

(2) Under Section 58-92-313, a PI agency may not use:

(a) a name that implies that the PI agency is connected to or associated with a public law enforcement agency; or

(b) a logo that bears markings similar to the seal, emblem, acronym, or configuration of a public law enforcement agency of the federal

government, a state government, a state political subdivision, a municipal, or a military branch.

R156-92-314. Principal Place of Business -- Records.

(1) Under Subsection 58-92-201(6), a licensee shall meet the requirements of this section.

(2) Each PI agency shall:

(a) have at least one physical location from which the PI agency conducts normal business; and

(b) update any change in the address of the PI agency's physical location with the Division within 10 days.

(3) A PI agency licensee shall post the PI agency license issued by the Division in a conspicuous place in the PI agency's principal office.

(4) A licensee shall maintain client records for at least five years at:

(a) the licensee's principal place of business; or

(b) another location the Division approves for a licensee whose license is:

(i) expired; or

(ii) suspended or revoked.

(5) On request by the Division, a licensee shall make the records under Subsection (4) available immediately to the Division during normal

business hours or another time acceptable to the parties, unless the Division grants an extension.

R156-92-315. Limited-Use License.

(1) As used in this section:

(a) "Legislative body" means:

(i) the Legislature;

(ii) the Utah House of Representatives;

(iii) the Utah Senate;

(iv) a special investigative committee; or

(v) a staff office of the Legislature.

(b) "Special investigative committee" is as defined in Subsection 36-12-9(1).

(2) Under Subsection 58-92-201(6), the Division may issue a limited-use license to a person qualified under this section.

(3) Notwithstanding any provision of this rule, a person is qualified to receive a limited-use license if the person:

(a) is licensed, in good standing, by another state, district, or territory of the United States to provide the services of a private investigator;

and

(b) is retained by a legislative body to provide the services of a private investigator for:

(i) a special investigative committee; or

(ii) a purpose relating to impeachment.

(4) A person holding a limited-use license may only provide the services described in Subsection (3)(b).

(5) The Division shall issue a limited-use license to a person within five days after the day on which the Division receives notice from a

legislative body that:

(a) the person meets the qualifications described in Subsection (3)(a); and

(b) the legislative body has retained the person to provide the services described in Subsection (3)(b).

(6) The Division may not:

(a) impose a qualification for the receipt of a limited-use license other than the qualifications described in Subsection (3)(a); or

(b) charge a fee to issue a limited-use license.

(7) A limited-use license expires when the person to whom it is issued is no longer retained by a legislative body to provide a service

described in Subsection (3)(b).

R156-92-502. Unprofessional Conduct.

Under Subsection 58-1-203(1)(e), "unprofessional conduct" includes:

(1) committing an act listed under Subsection 58-92-302(2), whether before or after licensure;

(2) employs or contracts with any unlicensed or improperly licensed person or PI agency to conduct activities regulated under Title 58,

Chapter 92, Private Investigation Licensing Act, if the licensure status was known or could have been ascertained by reasonable inquiry;

(3) fails to maintain in full force and effect comprehensive general liability insurance or workers' compensation insurance if the licensee is

a PI agency;

(4) fails to maintain in full force and effect a surety bond, if the licensee is a PI agent, PI registrant, or PI apprentice;

(5) fails to notify the Division of a change of name or address under Subsection 58-1-301.7(1)(a);

(6) accepts employment, contracts, or in any way engages in employment that has an adverse impact on investigations being conducted on

behalf of clients;

(7) advertises in a false, deceptive, or misleading manner;

(8) refuses to display the identification card issued by the Division to any person having reasonable cause to verify the validity of the

license;

(9) is convicted of any act of illegally obtaining or disseminating private, controlled, or protected records under Section 63G-2-801; or

(10) engaging in any business, activity, or employment that:

(a) creates a conflict of interest with a licensee's duties and responsibilities under Title 58, Chapter 92, Private Investigation Licensing Act,

or this rule; or

(b) infringes upon the confidentiality of a client.

R156-92-503. Penalties.

(1) In addition to the penalties in Section 58-92-503, the penalties under Sections 58-1-502 and R156-1-502 shall apply to a violation of

Title 58, Chapter 92, Private Investigation Licensing Act.

(2) Citation procedures shall be in accordance with Sections 58-1-502 and 58-92-503 and Rule R156-1.

KEY: licensing, private investigator, private investigation agency, private investigator agent, private investigator registrant, private

investigator apprentice

Date of Last Change: September 1, 2026

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-92-201

!--dar--

NOTICE OF EMERGENCY (120-DAY) RULE

Rule or section Number:

R156-92

Filing ID: 58199

Effective date:

09/01/2026

1. Agency Information

Title catchline:

Commerce, Professional Licensing

Building:

Heber M Wells Building

Street address:

160 E. 300 S.

City, state:

Salt Lake City, UT 84111

Mailing address:

PO Box 146741

City, state and zip:

Salt Lake City, UT 84114-6741

2. Contact Persons

Name:

Phone:

Email:

Tracy Taylor

801-530-6621

trtaylor@utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R156-92. Private Investigation Licensing Act Rule

B. Purpose of the new rule or reason for the change:

New Title 58, Chapter 92, Private Investigation Licensing Act, governs four licenses:

1) private investigation agency license;

2) private investigator agent license, which is a new license;

3) private investigator registrant license; and

4) private investigator apprentice license.

C. Summary of the new rule or change:

This filing enacts Rule R156-92, Private Investigation Licensing Act Rule, under new Title 58, Chapter 92, Private Investigation Licensing Act.

This rule will enable the Division to administer this license as mandated by statute.

4. Legislative Action Information

A. Are any changes in this filing because of state legislative action?

Changes are because of legislative action.

B. If yes, any bill number and session:

SB 149 (2026 General Session)

5. Emergency Rule Information

A. The agency finds that regular rulemaking would:

☒

cause an imminent peril to the public health, safety, or welfare;

☐

cause an imminent budget reduction because of budget restraints or federal requirements; or

☐

place the agency in violation of federal or state law.

B. Specific reasons and justifications for this finding:

The Division is filing this emergency rule to ensure continued administration over the licensing of the private investigation licenses.

Administration of private investigation licenses will be transferred from the Department of Public Safety to the Division of Professional Licensing.

6. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

https://le.utah.gov/~2026/bills/static/SB0149.html.

B. Local governments:

https://le.utah.gov/~2026/bills/static/SB0149.html.

This proposed new is established in accordance with the mandates of Title 58, Chapter 92, Private Investigation Licensing Act, to administer the licenses under that Chapter and establish operating standards that encompass the statutory requirements and practices in the profession and will not affect existing local government procedures beyond those identified in the fiscal note for SB 149 (2026).

C. Small businesses ("small business" means a business employing 1-49 persons):

This proposed new Rule R156-92 does not create new obligations for small businesses or increase the costs associated with any existing obligation for small businesses.

https://le.utah.gov/~2026/bills/static/SB0149.html.

This proposed new is established in accordance with the mandates of Title 58, Chapter 92, Private Investigation Licensing Act, to administer the licenses under that Chapter and establish operating standards that encompass the statutory requirements and practices in the profession and will not affect existing small businesses' procedures beyond those identified in the fiscal note for SB 149 (2026).

https://le.utah.gov/~2026/bills/static/SB0149.html.

This proposed new is established in accordance with the mandates of Title 58, Chapter 92, Private Investigation Licensing Act, to administer the licenses under that Chapter and establish operating standards that encompass the statutory requirements and practices in the profession and will not affect existing procedures of other persons beyond those identified in the fiscal note for SB 149 (2026).

E. Compliance costs for affected persons:

As described in Box 6.E for other persons, the Division does not anticipate compliance costs for any affected persons.

F. Comments by the department head on the fiscal impact this rule may have on businesses (Include the name and title of the department head):

The Executive Director of the Department of Commerce, Margaret W. Busse, has reviewed this regulatory impact analysis and determined that there is no anticipated fiscal impact on businesses.

7. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Subsection 58-1-106(1)(a)

Subsection 58-1-202(1)(a)

Section 58-92-201

9. Agency Authorization Information

Agency head or

designee and title:

Adam Watson, Assistant Division

Director

Date:

08/25/2026

R156. Commerce, Professional Licensing.

R156-92. Private Investigation Licensing Act Rule.

R156-92-101. Title -- Authority -- Relationship to Rule R156-1.

(1) This rule is known as the "Private Investigation Licensing Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58,

Chapter 92, Private Investigation Licensing Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

R156-92-102. Definitions.

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 92, Private

Investigation Licensing Act. In addition:

(1) "Advertise," "advertising," or "advertisement" means the submission of a bid, contracting or making known by any public notice,

publication, or solicitation of business, directly or indirectly, that services regulated under Title 58, Chapter 92, Private Investigation Licensing Act,

are available for consideration.

(2) "Compensation" as used in Subsection (4)(a)(i) means:

(a) payment in the form of W-2 wages; or

(b) if the qualifying PI agent is a company owner of the PI agency company, the company owner's profit distributions or dividends.

(3) "Conflict of interest" includes a situation where:

(a) representation of one client will be directly adverse to the representation of another client;

(b) there is a significant risk that the individual's business, activities, or employment will materially limit the individual's ability to

faithfully and impartially fulfill the individual's duties and responsibilities as a licensee under Title 58, Chapter 92, Private Investigation Licensing

Act, and this rule; or

(c) an individual holds public duties and responsibilities that the individual cannot exercise concurrently with the duties and

responsibilities that the individual would owe to a client as a licensee under Title 58, Chapter 92, Private Investigation Licensing Act, and this rule.

(4)(a) "Employee" means an individual providing services for a PI agency:

(i) for compensation as a W-2 employee;

(ii) who is listed on the PI agency's or employer's payroll records; and

(iii) who is under the PI agency's or employer's direction and control.

(b) "Employee" does not include an independent contractor.

(5) "General supervision" is as defined in Subsection R156-1-102a(1)(c).

(6) "PI agency" means a private investigation agency under Subsection 58-92-101(6).

(7) "PI agent" means a private investigator agent under Subsection 58-92-101(7).

(8) "PI apprentice" means a private investigator apprentice under Subsection 58-92-101(8).

(9) "PI registrant" means a private investigator registrant under Subsection 58-92-101(9).

(10) "Qualified continuing education" or "qualified CE" means professional continuing education that meets the standards under Section

R156-92-309.

(11) "Supervising PI agent" as used in Section R156-92-305 means an individual who:

(a) is licensed in Utah as a PI agent and is in good standing;

(b) holds collective and individual liability with the licensee for compliance under Title 58, Chapter 92, Private Investigation Licensing

Act, and this rule and may be held fully responsible for a violation; and

(12) "Unprofessional conduct" as defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 92, Private

Investigation Licensing Act, is further defined under Subsection 58-1-203(1)(e), in Section R156-92-502.

(13) "Verification of Investigative Experience Form" means a form that meets the requirements of Subsection R156-92-303(1)(c) or R156-

92-304(e).

(14) "Withdrawal" as used in Subsection 58-92-502(5) means the right that a licensee has to withdraw from a case and refund any portion

of the retainer for which investigative work has not been completed.

R156-92-201a. Renewal Cycle -- Procedures -- Renewal Requirements.

(1) Under Subsection 58-92-201(6):

(a) a current and valid license issued to a licensee under Title 53, Chapter 9, Private Investigator Regulation Act, shall expire on the

expiration date shown on the license; and

(b) a licensee with a license issued under Title 53, Chapter 9, Private Investigator Regulation Act, shall relicense under Title 58, Chapter 1,

Division of Professional Licensing Act, Title 58, Chapter 92, Private Investigation Licensing Act, and this rule.

(2) Under Subsections 58-1-308(1) and 58-92-201(6), the renewal date for the two-year renewal cycle applicable to licensees under Title

58, Chapter 92, Private Investigation Licensing Act, shall be in August of each odd-numbered year.

(3) Renewal procedures shall be in accordance with Sections R156-1-308a through R156-1-308l.

(4) Under Subsections 58-1-308(3)(b)(i) and 58-92-201(6), a PI agent, or PI registrant, or PI apprentice applying for renewal shall:

(a) meet the CE requirements under Section R156-92-309; and

(b) submit to the Division:

(i) a Division-approved renewal form;

(ii) one color passport photograph that:

(A) was taken in the six months immediately preceding the date on which the licensee submits the renewal application; and

(B) if a hard copy is submitted, has the following written on the back of the photograph:

(I) the licensee's name; and

(II) the date the passport photograph was taken;

(iii) a photocopy of the licensee's government issued picture identification; and

(iv) evidence that the licensee has a current and valid surety bond that meets the requirements of:

(A) Subsection R156-92-303(1)(d), if the applicant is a PI agent;

(B) Subsection R156-92-304(1)(f), if the applicant is a PI registrant; or

(5) Under Subsection 58-1-308(3), a PI agent who applies for renewal of the PI agent's PI agency license shall:

(a) meet the requirements of Subsection (4); and

(b) submit to the Division:

(i) a Division-approved renewal form for a PI agency; and

(ii) evidence that the PI agency has current and valid:

(A) comprehensive general liability insurance for the licensee in an amount of at least $500,000; and

(B) workers' compensation insurance, if applicable.

R156-92-302. Qualifications for Licensure -- Background Check Requirements.

Under Subsections 58-92-302(1)(e) and (1)(f), a licensee shall submit the following with the application:

(1) two fingerprint cards; and

(2) a fee established in accordance with Section 63J-1-504 equal to the cost of conducting a check of records for each individual required

to provide a fingerprint card under Subsection (1) with:

(a) the Federal Bureau of Investigation (FBI); and

(b) the Bureau of Criminal Identification (BCI) of the Utah Department of Public Safety.

R156-92-303. Qualifications for Licensure -- Experience -- Examination -- Private Investigator Agent.

(1) Under Subsection 58-92-303(1), an applicant for licensure as a PI agent shall submit the following to the Division:

(a) a copy of the applicant's government issued picture identification;

(b) a color passport photograph of the applicant that:

(i) was taken in the six months immediately preceding the date on which the applicant submits the application for licensure; and

(ii) if a hard copy is submitted, has the following written on the back of the photograph:

(A) the applicant's name; and

(B) the date the passport photograph was taken;

(i) verifies that the applicant has completed at least 5,000 hours of investigative experience that the applicant performed:

(A) within ten years from the date of the application; and

(B) while the applicant was working as a licensed private investigator or an investigator for a governmental entity;

(ii) describes the applicant's investigative experience in detail including:

(A) the number of hours; and

(B) the type of work which the applicant performed; and

(iii) is signed and certified by:

(A) the private investigator or governmental employer for whom the applicant performed the investigative work; or

(B) the individual for whom the applicant performed the investigative work, if the applicant cannot provide certification from a private

investigator or governmental employer under Subsection (1)(c)(iii)(A);

(d) evidence that the PI agent has a current and valid surety bond:

(i) in an amount of at least $10,000; and

(ii) that meets the requirements of Subsection 58-92-303(1)(d); and

(e) an attestation that the applicant does not have a conflict of interest with the individual's duties and responsibilities under Title 58,

Chapter 92, Private Investigation Licensing Act, or this rule.

(2) Under Subsection 58-92-303(1)(c) and Section 58-92-308, an applicant for licensure as a PI agent shall obtain a score of at least 75%

on the Private Investigator Law and Ethics Examination.

(3)(a) Under Subsections 58-92-201(6) and 58-92-303(4), a PI agent shall notify the Division in writing and within 30 days if the PI

agent's surety bond is cancelled or is expired.

(b) Under Subsections 58-92-201(6) and 58-92-303(4), if the Division receives notice that a PI agent's surety bond is cancelled or is

expired under Subsection (3)(a), the Division may take action against:

(i) the PI agent's license; and

(ii) the PI agent's PI agency license, if applicable.

R156-92-304. Qualifications for Licensure -- Private Investigator Registrant.

(1) Under Subsection 58-92-304(1), an applicant for licensure as a PI registrant shall submit the following to the Division:

(a) the name of the licensed PI agency for which the applicant will be an employee or independent contractor;

(b) authorization from a licensed PI agency indicating that the PI agency will employ or contract with the applicant;

(d) a color passport photograph of the applicant that:

(i) was taken in the six months immediately preceding the date on which the applicant submits the application for licensure; and

(ii) if a hard copy is submitted, has the following written on the back of the photograph:

(A) the applicant's name; and

(B) the date the passport photograph was taken;

(e) under Subsection 58-92-304(1)(c), a completed and signed Verification of Investigative Experience Form that:

(i) verifies that the applicant has completed at least 2,000 hours of investigative experience that the applicant performed:

(A) within ten years from the date of the application; and

(B) while the applicant was working as a licensed private investigator or an investigator for a governmental entity;

(ii) describes the applicant's investigative experience in detail including:

(A) the number of hours; and

(B) the type of work which the applicant performed; and

(iii) is signed and certified by:

(A) the private investigator or governmental employer for whom the applicant performed the investigative work; or

(B) the individual for whom the applicant performed the investigative work, if the applicant cannot provide certification from a private

investigator or governmental employer under Subsection (1)(e)(iii)(A);

(f) evidence that the PI registrant applicant has a current and valid surety bond:

(i) in an amount of at least $10,000; and

(ii) that meets the requirements of Subsection 58-92-304(1)(d); and

(g) an attestation that the applicant does not have a conflict of interest with the individual's duties and responsibilities under Title 58,

Chapter 92, Private Investigation Licensing Act, or this rule.

(2) Under Subsection 58-92-304(2)(a) or (b), a PI registrant shall only work under the direction of a PI agency as:

(a) an employee; or

(b) an independent contractor.

(3) Under Subsection 58-92-304(3), a PI registrant may not:

(a) advertise the licensed registrant's services;

(b) conduct investigations independent from the PI agency's direction for the general public; or

(c) employ or hire as independent contractor another licensee under Title 58, Chapter 92, Private Investigation Licensing Act.

(4)(a) Under Subsections 58-92-201(6) and 58-92-304(3), a PI registrant shall notify the Division in writing and within 30 days if the

licensee's surety bond is cancelled or is expired.

(b) Under Subsections 58-92-201(6) and 58-92-304(3), if the Division receives notice that a PI registrant's surety bond is cancelled or is

expired, the Division may take action against the PI registrant's license.

R156-92-305. Qualifications for Licensure -- Private Investigator Apprentice.

(1) Under Subsection 58-92-305(1)(d), an applicant for licensure as a PI apprentice shall submit the following with the application:

(a) the name of the licensed PI agency for which the applicant will be an employee or independent contractor;

(b) authorization from a licensed PI agency indicating that the PI agency will employ or contract with the applicant;

(d) a color passport photograph of the applicant that:

(i) was taken in the six months immediately preceding the date on which the applicant submits the application for licensure; and

(ii) if a hard copy is submitted, has the following written on the back of the photograph:

(A) the applicant's name; and

(B) the date the passport photograph was taken;

(e) name and license number of the supervising PI agent for Division approval;

(f) evidence that the PI agent has a current and valid surety bond:

(i) in an amount of at least $10,000;

(ii) that shall remain in effect throughout the applicant's entire licensing period; and

(iii) that provides that the issuer of the surety bond shall notify the Division if the bond is cancelled or is expired; and

(g) an attestation that the applicant does not have a conflict of interest with the individual's duties and responsibilities under Title 58,

Chapter 92, Private Investigation Licensing Act, or this rule.

(2) Under Subsection 58-92-305(2)(a) or (2)(b), a private PI apprentice shall only work:

(a) for a licensed PI agency as:

(i) an employee; or

(ii) an independent contractor; and

(b) under the general supervision of a Division-approved PI agent.

(3) Under Subsection 58-92-305(3), a PI apprentice may not:

(a) advertise the licensed PI apprentice's services;

(b) conduct investigations independent of a supervising PI agent for the general public; or

(c) employ or hire as independent contractor another licensee under Title 58, Chapter 92, Private Investigation Licensing Act; or

(d) obtain information from the Utah State Tax Commission's Motor Vehicle Division or the Department of Public Safety's Driver License

Division, except the PI apprentice may utilize information from these agencies for a legitimate business need and under the general supervision and

guidance of a licensed PI agency.

(4)(a) Under Subsections 58-92-201(6) and 58-92-305(3), a PI apprentice shall notify the Division in writing and within 30 days if the

licensee's surety bond is cancelled or is expired.

(b) Under Subsections 58-92-201(6) and 58-92-305(3), if the Division receives notice that a PI apprentice's surety bond is cancelled or is

expired, the Division may take action against the PI apprentice's license.

(c) Under Subsections 58-92-201(6) and 58-92-305(3), if the Division takes action against a PI apprentice's license under Subsection

(4)(b), the PI apprentice shall notify:

(i) the PI apprentice's supervising PI agent; and

(ii) the PI apprentice's PI agency.

R156-92-309. Qualified Continuing Education (CE).

(1) Under Section 58-92-309, the qualified CE requirement for a PI agent, PI registrant, or a PI apprentice licensed under Title 58, Chapter

92, Private Investigation Licensing Act, is established in this section.

(2) During each two-year period commencing in August of each odd-numbered year, a licensee under Subsection (1) shall complete at

least 16 hours of qualified CE that includes:

(a) at least four hours of ethics education provided by a nationally recognized association;

(b) at least four hours of education on Utah law, including Title 58, Chapter 92, Private Investigation Licensing Act; and

(i) that is directly related to the licensee's scope of practice; and

(ii) obtained from a nationally recognized association.

(3) A qualified CE course shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program that is directly related to the licensee's

scope of practice;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well-organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training, and experience; and

(e) have records of registration and completion available for review.

(4) The number of required CE hours shall be increased or decreased proportionately based on the date of licensure within the two-year

renewal cycle.

(5) The Division may defer or waive CE requirements as provided in Section R156-1-308d.

(6) A licensee shall maintain documentation sufficient to prove compliance with the CE requirements of this section for a period of three

years from the end of the renewal period for which the CE hours are due.

R156-92-310. Qualified Credit for Specified Training.

(1)(a) Under Section 58-92-310, an applicant may receive credit for a portion of the required investigative experience hours in Section 58-

92-307 in accordance with this section.

(b) An applicant requesting credit under this section shall submit to the Division for review:

(i) official transcripts, if the applicant is requesting credit under Subsection (2) or (4); or

(ii) evidence of having successfully completed a training or experience substantially similar to the training and experience required under

Title 58, Chapter 92, Private Investigation Licensing Act, and this rule, if the applicant is requesting credit under Subsection (5).

(2) Under Subsection 58-92-310(1), an applicant with a bachelor's degree in criminal justice from an accredited college or university may

receive 4,000 hours of investigative experience credit.

(3) Under Subsection 58-92-310(2), an applicant who successfully completed the state Peace Officers Standards and Training (POST)

basic training course may receive 1,000 hours of investigative experience credit.

(4) Under Subsection 58-92-310(3), an applicant with a bachelor's degree in police science from an accredited college or university may

receive 4,000 hours of investigative experience credit.

(5) Under Subsection 58-92-310(3), an individual may submit to the Division for review evidence that the applicant successfully

completed a training or experience substantially similar to the training and experience required under Title 58, Chapter 92, Private Investigation

Licensing Act, and this rule.

R156-92-311. Qualification for Private Investigation Agency Licensure -- Comprehensive General Liability Insurance -- Worker's

Compensation -- Cancellation or Expiration -- Revocation -- Change in Name or Address.

(1) Under Subsections 58-92-201(6) and 58-92-311(3)(b), a PI agent applying for licensure of a PI agency shall submit to the Division:

(a) the name under which the applicant intends to do business;

(b) a current certificate of comprehensive general liability insurance policy for the PI agency that:

(i) contains a limit of liability of at least $500,000;

(ii) is continuous in form and runs concurrently with the license period; and

(iii) requires the insurance company to provide notice to the Division if the liability insurance is cancelled or expires; and

(2)(a) The PI agency applicant's comprehensive general liability insurance under Subsection (1)(b) shall name the Division of Professional

Licensing as the certificate holder; and

(b) A PI agency licensee shall maintain a current comprehensive general liability insurance:

(i) for the duration of the licensing period;

(ii) that meets the requirements of this section; and

(iii) that is available for immediate inspection by the Division during normal working hours.

(3) Under Subsection 58-92-201(6), a PI agency shall notify the Division in writing and within 30 days if the PI agency's:

(a) comprehensive general liability insurance is cancelled or is expired; or

(b) workers' compensation is cancelled or is expired.

(4) Under Subsection 58-92-201(6), if the Division receives notice that a PI agency's comprehensive general liability insurance or worker's

compensation is cancelled or is expired, the Division may take action against the PI agency's license.

R156-92-312. Identification Card.

(1) Under Subsection 58-92-312(1), the Division shall issue to the licensee an identification card that includes on the identification card's

face:

(a) the licensee's name;

(b) indicate that the licensee is licensed as a PI agent, PI registrant, PI apprentice, or PI agency;

(d) the license expiration date; and

(e) a current color photograph of the licensee.

(2) Under Subsections 58-92-201(6) and 58-92-312(1), the Division-issued identification card under Subsection (1) shall state that the

licensee is:

(a) under the direction of a licensed PI agency and may not do investigative work independently for the public, if the licensee is a PI

registrant; or

(b) under the general supervision of a licensed PI agency and may not do investigative work independently for the public, if the licensee is

a PI apprentice.

R156-92-313. Operating Standards -- Prohibitions.

(1) Under Section 58-92-313, a licensee may not:

(a) wear a uniform, use a title, insignia, badge, or designation, or make any representation or statement that would reasonably cause

another individual to believe that the licensee is associated with the federal government, a state government, any political subdivision of a state

government, or a public law enforcement agency; or

(b) display a badge or shield in conjunction with performing the duties of a licensee under Title 58, Chapter 92, Private Investigation

Licensing Act.

(2) Under Section 58-92-313, a PI agency may not use:

(a) a name that implies that the PI agency is connected to or associated with a public law enforcement agency; or

(b) a logo that bears markings similar to the seal, emblem, acronym, or configuration of a public law enforcement agency of the federal

government, a state government, a state political subdivision, a municipal, or a military branch.

R156-92-314. Principal Place of Business -- Records.

(1) Under Subsection 58-92-201(6), a licensee shall meet the requirements of this section.

(2) Each PI agency shall:

(a) have at least one physical location from which the PI agency conducts normal business; and

(b) update any change in the address of the PI agency's physical location with the Division within 10 days.

(3) A PI agency licensee shall post the PI agency license issued by the Division in a conspicuous place in the PI agency's principal office.

(4) A licensee shall maintain client records for at least five years at:

(a) the licensee's principal place of business; or

(b) another location the Division approves for a licensee whose license is:

(i) expired; or

(ii) suspended or revoked.

(5) On request by the Division, a licensee shall make the records under Subsection (4) available immediately to the Division during normal

business hours or another time acceptable to the parties, unless the Division grants an extension.

R156-92-315. Limited-Use License.

(1) As used in this section:

(a) "Legislative body" means:

(i) the Legislature;

(ii) the Utah House of Representatives;

(iii) the Utah Senate;

(iv) a special investigative committee; or

(v) a staff office of the Legislature.

(b) "Special investigative committee" is as defined in Subsection 36-12-9(1).

(2) Under Subsection 58-92-201(6), the Division may issue a limited-use license to a person qualified under this section.

(3) Notwithstanding any provision of this rule, a person is qualified to receive a limited-use license if the person:

(a) is licensed, in good standing, by another state, district, or territory of the United States to provide the services of a private investigator;

and

(b) is retained by a legislative body to provide the services of a private investigator for:

(i) a special investigative committee; or

(ii) a purpose relating to impeachment.

(4) A person holding a limited-use license may only provide the services described in Subsection (3)(b).

(5) The Division shall issue a limited-use license to a person within five days after the day on which the Division receives notice from a

legislative body that:

(a) the person meets the qualifications described in Subsection (3)(a); and

(b) the legislative body has retained the person to provide the services described in Subsection (3)(b).

(6) The Division may not:

(a) impose a qualification for the receipt of a limited-use license other than the qualifications described in Subsection (3)(a); or

(b) charge a fee to issue a limited-use license.

(7) A limited-use license expires when the person to whom it is issued is no longer retained by a legislative body to provide a service

described in Subsection (3)(b).

R156-92-502. Unprofessional Conduct.

Under Subsection 58-1-203(1)(e), "unprofessional conduct" includes:

(1) committing an act listed under Subsection 58-92-302(2), whether before or after licensure;

(2) employs or contracts with any unlicensed or improperly licensed person or PI agency to conduct activities regulated under Title 58,

Chapter 92, Private Investigation Licensing Act, if the licensure status was known or could have been ascertained by reasonable inquiry;

(3) fails to maintain in full force and effect comprehensive general liability insurance or workers' compensation insurance if the licensee is

a PI agency;

(4) fails to maintain in full force and effect a surety bond, if the licensee is a PI agent, PI registrant, or PI apprentice;

(5) fails to notify the Division of a change of name or address under Subsection 58-1-301.7(1)(a);

(6) accepts employment, contracts, or in any way engages in employment that has an adverse impact on investigations being conducted on

behalf of clients;

(7) advertises in a false, deceptive, or misleading manner;

(8) refuses to display the identification card issued by the Division to any person having reasonable cause to verify the validity of the

license;

(9) is convicted of any act of illegally obtaining or disseminating private, controlled, or protected records under Section 63G-2-801; or

(10) engaging in any business, activity, or employment that:

(a) creates a conflict of interest with a licensee's duties and responsibilities under Title 58, Chapter 92, Private Investigation Licensing Act,

or this rule; or

(b) infringes upon the confidentiality of a client.

R156-92-503. Penalties.

(1) In addition to the penalties in Section 58-92-503, the penalties under Sections 58-1-502 and R156-1-502 shall apply to a violation of

Title 58, Chapter 92, Private Investigation Licensing Act.

(2) Citation procedures shall be in accordance with Sections 58-1-502 and 58-92-503 and Rule R156-1.

KEY: licensing, private investigator, private investigation agency, private investigator agent, private investigator registrant, private

investigator apprentice

Date of Last Change: September 1, 2026

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-92-201

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Rule 92: Private Investigation Licensing Act Rule