Mo. Code Regs. Ann. tit. 20, § 2234-7.010
PURPOSE: This rule establishes the code of conduct for private investigators.
(1) Responsibilities to the Profession.
(A) Cooperation with the board.
truthfully answer all inquires from the board or its staff.
undue delay and in accord with reasonable business practices.
before the end of the tenth day.
dence is timely if the response arrives at the board’s office by the close of business the tenth day after the date of the correspondence.
timely if received in the board’s office before the close of business on the thirtieth day after it is sent to the private investigator and/or private investigator agency.
rial matter known, or which would have been known upon reasonable inquiry, is omitted from the response.
information provided in the response is accurate.
and belief, made after reasonable inquiry, is truthful.
objection to answering the inquiry shall be deemed timely and truthful so long as:
for the objection stated in the response;
and
objection is included in the response.
(B) Protection of the Profession.
circumstances, or who become aware of circumstances, that would lead a reasonable person to believe another private investigator has or is violating the profession’s code of conduct, shall promptly inform the board of the circumstances.
with the other private investigators regarding the circumstances, and if reasonably satisfied that no violation has occurred, choose not to notify the board.
investigate the conduct of the other private investigators in such circumstances. Reporting the conduct to the board discharges the private investigator’s duty under this section.
board does not comply with the provisions of this section.
board against a private investigator who has made a report pursuant to the provisions of this section unless malice is shown to be the motive for an untruthful report.
(C) Aiding Unlicensed Practice.
mit nor suffer any person with whom they are associated to practice the profession without being properly licensed.
report to the board any person who appears to be unlawfully practicing the profession without a license.
with the person who appears to be unlawfully practicing the profession without a license regarding the circumstances, and if reasonably satisfied that no violation has occurred, choose not to notify the board.
investigate the conduct of the person who appears to be unlawfully practicing the profession without a license in such circumstances. Reporting the conduct to the board discharges the private investigator’s duty under this section.
board does not comply with the provisions of this section.
board against a private investigator who has made a report pursuant to the provisions of this section unless malice is shown to be the motive for an untruthful report.
(D) Responsibility for Subordinates.
for supervising their subordinates, including unlicensed individuals in their employ or with whom they have contracted for services.
an agency is responsible for supervising subordinates, including unlicensed individuals in the employ of the agency or with whom the agency has contracted for services.
(E) Posting Licenses.
license in a place clearly visible at every office from which they regularly do business. 20 CSR 2234-7
(2) Responsibilities to the Public.
(A) Honesty and Best Efforts.
extent of their abilities, diligently and honestly perform the work for which they have been retained.
any material false statement to a client.
hold material information from a client.
only under the name with which they are licensed by the board.
pseudonyms when professionally appropriate; however, any such pseudonym shall be registered with the board prior to use.
fictitious business name unless it has been registered with the secretary of state pursuant to Chapter 417, RSMo, and a copy of the registration has been delivered to the board.
(B) Business Records.
complete and accurate records of the professional services that they render unless prohibited by written contract, court order, or state or federal statute. A copy of the aforementioned document shall be placed in the file in the place of the original documents. Section 324.1136, RSMo, requires that private investigators maintain records for seven (7) years. The board will deem records containing the following information satisfactory, unless such records are plainly insufficient in the circumstances:
private investigator;
spondence, or other records prepared during an assignment;
made during the course of an assignment;
client, including billing records; and
assignment, including vouchers or receipts for expenses billed to the client.
such documents as prescribed in paragraph 20 CSR 2234-7.010(2)(B)1.
way that they are reasonably safe from intentional or accidental destruction and degradation.
not be stored in a single form or at a single place. All of the components of a record of a particular matter shall be readily accessible, however, for the seven (7)-year period.
form such that they can be produced within FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION
ten (10) days of demand, under ordinary business conditions.
than seven (7) years, pursuant to agreement with a client or at the private investigator’s pleasure.
records shall ensure that it is impossible to reconstruct such records.
(C) Financial Integrity.
truthful records of the financial affairs of their business.
anything of pecuniary value, tangible or intangible, without offering a written receipt containing the following information to the person offering the valuable thing:
license number, and address of record; and
thing of pecuniary value.
property of value that comes into their possession, regardless of whether it belongs to a client or a third person.
written notification to any person whose valuable property has come into their possession, whose name and address are known or reasonably discoverable;
for sound investigative reasons; however, such reasons shall be memorialized in the records of the matter.
over the valuable property of another person to the person upon demand, unless there is legal justification to withhold the property.
fully withholds property pending payment of a debt or the reasonable costs of obtaining and protecting the property shall not be deemed to have violated this section.
withhold valuable property if there is reasonable doubt as to the owner or who is entitled to possession.
withhold valuable property for which the owner or person entitled to possession is not willing to provide a written receipt.
abide by the unclaimed property law of Missouri, or other state that has jurisdiction over the property.
(D) Insurance.
insurance of the same type and quantity required to obtain a license in full force and effect during the license period.
and pleasure, change insurance providers; however, they shall not have a gap in coverage.
required to have workers’ compensation insurance at the time that they were licensed shall obtain such insurance if they subsequently become subject to the Workers’ Compensation law, and maintain such insurance in full force and effect during the license period.
(E) Compliance with the Law.
criminal laws—federal, state, and local.
ordinances and regulations of political subdivisions of a state or the agencies of the federal government.
their conduct to the expectations of an ordered society:
commit intentional torts.
cause injury to others through negligence or reckless behavior.
excuse for any violation of this section shall be upon the private investigator.
AUTHORITY: section 324.1138, RSMo Supp. 2008.* Original rule filed June 26, 2009, effective Jan. 30, 2010.
*Original authority: 324.1138, RSMo 2007.