Section 661.121.22. Continuing education requirements.

The continuing education rules that follow rest upon the premise that the increasing complexity of the private investigation business makes it essential that private investigators who have been granted licenses to practice continue their education; the public interest requires that private investigators keep themselves continually up to date on developments affecting their practice; and formal programs of continuing education provide private investigators the opportunity to continually update themselves on the expanding body of knowledge required to practice the private investigation profession. Compliance with the continuing education requirements of the department shall be as follows:

Each person who is the holder of a license to operate a private investigative agency is required to comply with the continuing education requirements as a condition precedent to renewal of the person’s license.

Each person who is the holder of an identification card to operate as a private investigator is required to comply with the continuing education requirements as a condition precedent to renewal of the employer’s agency license.

       121.22(1) Cost of continuing education. All costs of complying with the continuing education requirements of the department are the responsibility of the licensee who seeks to operate a private investigative agency in this state.

       121.22(2) Basic requirement. A licensee seeking to renew the licensee’s private investigative agency license shall, during the two-year period preceding the agency license expiration date, complete a minimum of 12 hours of acceptable continuing education. Employees of licensees shall, during the two-year period preceding the agency license expiration date, complete a minimum of 12 hours of acceptable continuing education. An employee who has worked for a licensed agency for less than 90 days at the time of the agency license expiration date shall be exempt from the continuing education requirement of this chapter, provided that during the preceding two years the employee has not been employed as a private investigator for a licensed agency or agencies in this state for a combined total of more than 180 days.

        a.           Applicants who are residents of another state, who are licensed to operate a private investigation agency in their state of residency, and who are actively engaged in the practice in their state of residence, shall not be required to meet the basic continuing education requirement if their state of residence requires similar continuing education to maintain their private investigative agency license.

        b.           The commissioner shall have the authority to make exceptions for reasons of individual hardship including health (certified by a medical doctor), military service, foreign residency, or other good cause.

        c.           Applicants for new licenses who have held a private investigative agency license in Iowa within the past two years shall complete a minimum of 12 hours of acceptable continuing education during the two-year period preceding the date of application.

       121.22(3) Measurement standards. The following standards will be used to measure the hours of credit to be given for acceptable continuing education programs completed by individual licensees:

        a.           Credit will be given for whole hours only, with a minimum of 50 minutes constituting one hour. For example, 100 minutes of continuous instruction would count for two hours; however, more than 50 minutes but less than 100 minutes of continuous instruction would count for only one hour.

        b.           Only class hours or the equivalent, and not student hours devoted to preparation, may be counted.

        c.           Service as lecturer or discussion leader of continuing education programs may be counted to the extent that it contributes to the applicant’s professional competence.

       121.22(4) Programs which qualify. The overriding consideration in determining whether a specific program qualifies as acceptable continuing education is that it be a formal program of learning which contributes directly to the professional competence of an individual licensed to practice in this state. It will be left to the individual license holder to determine the course of study to be pursued. Thus, each licensee may study subjects related to the licensee’s particular practice.

        a.           Continuing education programs will qualify only if:

       (1)             An outline of the program is prepared in advance and preserved.

       (2)             The program is at least one hour (50-minute period) in length.

       (3)             The program is conducted by a qualified instructor, discussion leader, or lecturer. A qualified instructor, discussion leader, or lecturer is anyone whose background, training, education or experience makes it appropriate for that person to lead a discussion on the subject matter of the particular program.

       (4)             A record of attendance is maintained.

        b.           The following programs are deemed to qualify provided all other requirements of this rule are met:

       (1)             Professional development programs of recognized national and state private investigation organizations.

       (2)             Technical sessions at meetings of recognized national private investigation organizations and their chapters.

       (3)             University or college courses.

        1.            Each semester hour credit shall equal 10 hours toward the requirement.

        2.            Each quarter hour credit shall equal 6 hours toward the requirement.

        3.            Each classroom hour of noncredit courses will equal 1 qualifying hour.

       (4)             Formal organized in-firm and interfirm educational programs.

       (5)             Programs in other recognized organizations (accounting, industrial, legal and others).

       (6)             Other organized educational programs on technical and other related subjects.

        c.           The following general subject matters are acceptable as long as they contribute to the professional competence of the individual investigator.

       (1)             Accounting and auditing.

       (2)             Management.

       (3)             Computer science.

       (4)             Communications arts.

       (5)             Law.

       (6)             Functional fields of the business, including but not limited to the following:

        1.            Accident investigation.

        2.            Background investigation.

        3.            Business taxes.

        4.            Criminal investigation.

        5.            Court testimony.

        6.            Employee theft.

        7.            Process service.

        8.            Personnel law.

        9.            Product liability.

        10.           Public records availability/access.

        11.           Report writing.

        12.           Substance abuse in the workplace.

        13.           Surveillance techniques.

        14.           Wage and hour law.

        15.           Workers’ compensation law.

Areas other than those listed above may be acceptable if the licensee can demonstrate that they contribute to the licensee’s professional competence. The responsibility for substantiating that a particular program is acceptable and meets the requirements rests solely upon the licensee.

        d.           Formal correspondence and formal individual study programs contributing directly to the professional competence of an individual which require registration and provide evidence of satisfactory completion will be considered for credit. The amount of credit to be allowed for correspondence and formal individual study programs is to be recommended by the program sponsor and shall not exceed 50 percent of the continuing education requirement.

        e.           Practical training, also known as field training or on-the-job training, qualifies if it meets the criteria of paragraphs “a” through “c” of this subrule, is accompanied by classroom training in the same topic area, and counts for no more time than the classroom training.

        f.            The right is specifically reserved to the commissioner to approve or disapprove credit for continuing education claimed under these rules.

       121.22(5) Controls and reporting.

        a.           Applicants for license renewal must provide a signed statement, on forms provided by the department, setting forth the continuing education in which the licensee and the licensee’s employees have participated in such manner and at such times as prescribed by the commissioner. This information may include:

       (1)             School, firm or organization conducting the course.

       (2)             Location of course.

       (3)             Title of course and description of content.

       (4)             Principal instructor.

       (5)             Dates attended.

       (6)             Hours claimed.

        b.           The commissioner may require sponsors of courses to furnish attendance lists or any other information the commissioner deems essential for administration of these continuing education rules.

        c.           The commissioner will verify on a test basis information submitted by licensees. If an application for license renewal is not approved, the applicant will be so notified and may be granted a period of time by the commissioner in which to correct the deficiencies noted.

        d.           Primary responsibility for documenting the requirements rests with the licensee and evidence to support fulfillment of those requirements must be retained for a period of three years subsequent to submission of the report claiming the credit. Satisfaction of the requirements, including retention of attendance records and written course outlines, may be accomplished as follows:

       (1)             For courses taken for scholastic credit in accredited universities and colleges or high school districts, evidence of satisfactory completion of the course will be sufficient. For noncredit courses taken, a statement of the hours of attendance, signed by the instructor, must be obtained by the permit holder.

       (2)             For correspondence and formal independent study courses, written evidence of completion must be obtained by the licensee.

       (3)             In all other instances, the licensee must maintain a record of the information listed in subrule 121.22(4) and a copy of the course outline prepared by the course sponsor.

       121.22(6) Compliance.

        a.           Renewals. If a licensee fails to comply with continuing education requirements prior to the expiration of the license, the department may grant a temporary 30-day license. If the licensee does not complete the continuing education requirements within the 30-day period, the license renewal shall be denied. If the former licensee then wishes to continue the private investigation business, all of the requirements for an initial application must be met. This includes continuing education requirements if the new application is submitted within two years of the date on which the last license became invalid.

        b.           New applications for previously licensed persons. If an applicant for a private investigative agency license has been licensed in Iowa within the past two years, continuing education requirements must be met. Failure to comply shall result in the denial of the license until such time as the requirements are met.

        c.           Employees. If any employee of a licensee fails to comply with continuing education requirements, the employee’s identification card shall be revoked and the licensee shall surrender the identification card to the department. An employee may reapply for an identification card as if it were an initial application when continuing education requirements have been met.