The following rules of the Division of State
Police, designated Chapter 55 of Title 13 of the New Jersey
Administrative Code, were promulgated by the Superintendent
of State Police, to implement the Private Detective Act of
1939, N.J.S. 45:19-8 et seq. as amended.
13:55-1.1 Application for license
Any person desiring to pursue the “private detective
business” shall file an application with the Superintendent
on a form designated S.P. 171 (Individual or Partnership)
or S.P. 172 (Corporation) and accompanied by any documents
required by such application. The applicant shall also submit
such other documents as the Superintendent may require pursuant
to N.J.S. 45:19-12. All requests for applications shall be
in writing.
13:55-1.2 Reproduction of License
No license certificate may be reproduced in any form except
on written approval of the Superintendent.
13:55-1.3 Employees
A. Employees’ statements and employees’ fingerprint
cards shall be numbered consecutively, commencing with Number
1.
B. A number, once assigned, shall not be used for any
other employee or for a former employee subsequently re-employed.
C. The number entered on the employee’s statement
shall be identical with that entered on the fingerprint
card.
D. Employees shall be refingerprinted upon re-employment
after termination of employment; provided, however, that
an employee who has been temporarily laid off or who is
employed part-time need not be refingerprinted until a period
of more than 90 days has elapsed since the date of his former
employment.
E. Each licensee shall file with the Superintendent a
current list of employees on the first day of July of each
year.
F. Every set of fingerprints forwarded to the Superintendent
shall be accompanied by a form designated S.P. 487-A.
Licensees and employees of licensees shall at all times
carry and exhibit when requested, only those identification
cards which are prescribed in N.J.S. 45:19-17.
In the event an employee fails, upon termination of his employment,
or upon demand, to surrender his identification card, badge,
uniform or other equipment furnished him by his employer,
notification of same shall be given the Superintendent and
the local police agency having jurisdiction.
13:55-1.5 Badges and Uniforms
No particular type or style of uniform or badge is prescribed
in these rules, other than required as to badges in N.J.S.
45:19-19 or prohibited by Chapter 2 of Title 52 of the Revised
Statutes as to the use, exhibit and display of the Great Seal
of the State of New Jersey, but no licensee or employee of
a licensee, shall, with intent to deceive or confuse the public,
use a title, badge, uniform, or other insignia which is likely
to be confused with that of any law enforcement officer of
the Federal Government, a State, or any political subdivision
thereof.
13:55-1.6 Advertising
A. No licensee shall, by the use of any letterhead, advertisement,
or other printed matter, or in any manner whatever, represent
that he is an instrumentality or agency of the Federal Government
or of the State of New Jersey or any agency or political
subdivision thereof.
B. No licensee shall advertise, solicit or contract for
business in a name different from that under which he is
currently licensed.
C. No licensee shall conduct a business under a trade
name unless and until he has obtained the written authorization
of the Superintendent to do so. The Superintendent shall
not authorize the use of a trade name which, in his opinion,
is so similar to that of a public officer or agency, or
of that used by another licensee that the public may be
confused of misled thereby. The authorization shall require,
as a condition precedent to the use of such name, the filing
of a certificate of doing business under such name with
the county clerk of the county where the licensee’s
principal place of business is located and with the Secretary
of State in the manner provided by law.
D. No licensee shall offer, by radio, television, newspaper
advertisement of any other means of communication, to perform
services at any location which is merely the location of
an answering service unless full disclosure of that fact
is made in the advertisement.
13:55-1.7 Prohibited Acts
A. No holder of a license issued under the Act may be a
party to a franchise agreement nor accept money or other thing
of value for the right to act as agent of the licensee. Possession
of an employee’s identification card shall not authorize
the holder to engage in the business of private detective
for his own reward or profit.
B. No holder of a license under the Act may perform any of
the services of a private detective, investigator, or detective
agency on a contingent or percentage basis, or to make or
enter into any agreement for furnishing services of any kind
or character, by the terms or conditions of which agreement
the compensation to be paid for such services to the holder
of a license is partially or wholly contingent or based upon
a percentage of the amount of money or property recovered,
or dependent in any way upon the result achieved.
13:55-1.8 Active Law Enforcement Officers
A. No person who is an active member of the organized police
department of this or any other State or political subdivision
thereof, or who is an officer or investigator with an investigative
agency of the United States of America or of any State, County
or municipality thereof, shall be issued a Private Detective
License, nor shall he be a qualifying member, officer or director
of any firm, association or corporation licensed under the
Act.
B. Any person who either being licensed under the Act as
an individual or being a qualifying member or officer or director
of a corporation, firm or association licensed under the Act,
who commences employment as a law enforcement officer in any
of the categories mentioned in subSection A, shall surrender
said license to the Superintendent during such employment
if he be an individual licensee and resign his position as
qualifying member, officer or director of a firm, association
or corporation. In the case of a firm, association or corporation,
if the individual who is required to resign is the qualifying
member, the Superintendent, at his discretion, may reinstate
the license upon receipt and approval of an application from
another person who is qualified under the Act.
13:55-1.9 License Continuation
Whenever a licensee ceases to meet the requirements of 45:19-12,
the license may remain in effect for at least 60 days from
the date of such cessation, upon written request to the Superintendent,
and cause shown.
13:55-1.10 Change in Type of License
Any individual licensee intending to change his business
to a firm, association or corporation, or any firm or association
intending to change the form of its business to a corporation,
shall apply to the Superintendent in the same manner as required
for an original license. Upon issuance of the new license,
the previous license shall be surrendered to the Superintendent.
No refund or credit shall be made in respect to the fee paid
for the unexpired term of the previous license.
13:55-1.11 Grounds for Denial, Revocation, Suspension, or
Refusal to Renew a License.
A. The Superintendent may deny, revoke, suspend or refuse
to renew a license upon determining that the applicant or
licensee has:
(1) Been convicted of a high misdemeanor or any of the
misdemeanors or offenses prescribed by N.J.S. 45:19-16
and who has not subsequent to such conviction received
executive pardon therefor removing any civil disabilities
incurred thereby;
(2) A bad moral character, intemperate habits, or a bad
reputation for truth, honesty and integrity;
(3) Knowingly made a false material statement in his
application;
(4) Been convicted of a violation of the New Jersey
Wiretapping and Electronic Surveillance Control Act (N.J.S.
2A:156A-1 et seq.);
(5) Practiced fraud, deceit or misrepresentation, including
but not limited to:
(a) Knowingly making a false statement or written
report
relating to evidence or information obtained in the
course of employment;
(b) Manufacture of evidence;
© Acceptance of employment adverse to a client or
former client relating to a matter with respect to which
the licensee has obtained confidential information by reason
of or in the course of his employment by such client or
former client;
(6) Demonstrated incompetence or untrustworthiness in
his actions;
(7) Has failed to maintain a proper surety bond as required
by N.J.S. 45:19-12; and
(8) Has failed to meet or continue to meet the requirements
for licensure provided by the Act and these rules.
B. The Superintendent may, upon written notice, suspend
or revoke and license pursuant to N.J.S. 45:19-13, pending
any hearing provided for by law or these rules.
13:55-1.12 Hearings
A. In the case of the denial of a license application,
or the refusal to renew a license, or suspension of a license,
the Superintendent shall notify the applicant or licensee
in writing of same and shall state the reasons for his action.
B. Upon such notification, the Superintendent shall afford
the applicant or licensee an opportunity to be heard thereon
in person or by counsel. A request for such an opportunity
to be heard shall be made in writing to the Superintendent
within 15 days from the receipt of notice provided in subSection
A.
C. If a request for an opportunity to be heard is timely
received, the Superintendent shall set a date for hearing
and notify the parties of the time and place thereof. Such
a hearing shall be conducted by the Superintendent or his
designee.
D. All hearings shall be held in accordance with the provisions
of the “Administrative Procedure Act: (N.J.S. 52:14B-1
et seq.).
13:55-1.13 Location of Offices.
The Headquarters of the Division of State Police in the Department
of Law and Public Safety is located at West Trenton, New Jersey.
Mail should be addressed to the Superintendent, Division of
State Police, Box 7068, West Trenton, New Jersey.
N.J.S.45:19-12; and Electronic Surveillance Control Act
N.J.S. 2A:156A-1 et seq.);
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