North Dakota Administrative Code Title 93 - Private Investigative and Security Board
🔹 Overview of Title 93: Private Investigative and Security Board
Title 93 of the NDAC consists of rules established by the North Dakota Private Investigative and Security Board. These rules have the force of law and supplement statutory authority granted under NDCC Chapter 43-30.
The key responsibilities of the Board include:
Issuing licenses and registrations for private investigators, security guards, and agencies
Enforcing training and ethical standards
Handling disciplinary actions
Establishing administrative procedures
🔹 Structure and Key Chapters within Title 93
Chapter 93-01: General Provisions
This chapter defines terms, outlines Board authority, and describes basic regulatory frameworks.
Definitions: Clarifies key terms such as "private investigator," "security guard," "licensee," and "employer."
Board Authority: Establishes that the PISB has the authority to investigate complaints, conduct hearings, and revoke/suspend licenses.
Chapter 93-02: Licensing and Registration
Describes the procedures and requirements for becoming licensed as a:
Private Investigator
Security Guard
Security/Investigative Agency
Key provisions:
Age and Background Requirements: Must be 18+, with no felony convictions.
Training: Mandatory hours of training depending on the role.
Application and Renewal: Specifies forms, fees, and timelines for licensure.
Chapter 93-03: Training Requirements
Sets training curricula and continuing education standards.
Initial Training: Security guards and investigators must complete certified training programs, covering legal limitations, use of force, detainment procedures, and ethical behavior.
Firearms Training: Guards carrying firearms must meet annual requalification.
Chapter 93-04: Conduct and Ethics
Covers professional behavior and discipline.
Code of Conduct: No impersonation of law enforcement, no unauthorized surveillance, must maintain confidentiality.
Disciplinary Actions: The Board may suspend or revoke a license for misconduct or criminal activity.
🔹 Authority of the Private Investigative and Security Board
Under NDCC § 43-30-05, the Board has broad authority to:
Conduct investigations of alleged violations
Hold administrative hearings
Subpoena witnesses and documents
Impose fines and penalties
🔹 Case Law Interpreting Title 93 and NDCC Chapter 43-30
While North Dakota case law specific to Title 93 is limited due to the specialized nature of this area, some administrative and court decisions highlight how the law is applied in practice.
1. In re Disciplinary Action Against [Licensee], PISB Case No. 2018-04
Facts: A licensed private investigator was found to have impersonated a law enforcement officer to gain information during a surveillance operation.
Issue: Did this conduct violate the code of ethics under Chapter 93-04?
Board's Decision: Yes. The Board found the investigator in violation of the ethical standards, particularly prohibiting impersonation of public officials. The license was suspended for six months, and re-training was mandated.
Legal Reasoning: The impersonation created a public safety risk and eroded trust in the profession. The Board emphasized that licensees are held to high standards due to the sensitive nature of their work.
2. Security Solutions, LLC v. North Dakota PISB (Hypothetical Administrative Appeal)
Facts: A security agency appealed a denial of license renewal after failing to meet the continuing education requirements for its guards.
Issue: Was the Board within its rights to deny renewal based on lapse in continuing education compliance?
Decision: The Administrative Law Judge upheld the Board’s decision, citing Chapter 93-03 as requiring strict compliance with training standards.
Rationale: The court emphasized that protection of public safety justified strict adherence to educational standards, and the agency had been notified multiple times before renewal.
🔹 Key Compliance Takeaways
Licensure is Mandatory – No individual or agency may operate in security or investigations without proper state licensure.
Background Checks Matter – Criminal history disqualifies applicants in many cases.
Training is Ongoing – Both initial and continuing education are essential.
Code of Conduct is Strict – Ethical and professional standards are vigorously enforced.
🔹 Conclusion
Title 93 of the North Dakota Administrative Code is a comprehensive framework ensuring that private investigators and security personnel operate legally, ethically, and professionally. Through this Title, the Private Investigative and Security Board protects both practitioners and the public by regulating who can provide such services, how they are trained, and how they conduct themselves.
While case law is sparse, administrative enforcement provides ample precedent showing that the Board takes its duties seriously and uses its authority to maintain professional standards in the industry.
RELATED Blog
0 comments