Title 34

As used in this chapter, the following terms have the following meanings: (1) BOARD. The Alabama Private Investigation Board. (2) FELONY. A criminal offense that is defined and punishable under the laws of this state, or an offense committed outside the State of Alabama, which if…

The board may negotiate and enter into reciprocal agreements with the appropriate officials in other states to permit licensed investigators who meet or exceed the qualifications established in this chapter to operate in reciprocal states under mutually acceptable terms. (Act 201…

The board shall routinely publish and update a copy of this article and any rules adopted under this article on the website of the board. (Act 2013-306, p. 1021, §21; Act 2023-397, §2.)

(a) The following acts when committed by an individual licensed as a private investigator or a private investigator apprentice, or employed by or contracting with a private investigation agency, shall constitute a violation punishable as a Class A misdemeanor: (1) To knowingly ma…

The Administrative Procedure Act shall govern all matters and procedures respecting the hearing and judicial overview of any contested case. (Act 2013-306, p. 1021, §23.)

This chapter does not apply to the following: (1) An employee of any business or entity that is not primarily engaged in the business of private investigation when that employee is performing duties related to his or her employment. (2) An investigation of the internal affairs of…

(a) There is created within the board a Division of Investigation that shall be the board’s official investigative agency. (b) Each licensee shall provide to the investigative division staff all records that pertain to the exact nature of the complaint under investigation and upo…

(a) Each private investigator licensee shall complete 16 hours of continuing professional education, including two hours of ethics instruction, acceptable to the board in each two-year renewable licensing period. (b) The board shall adopt rules as necessary to implement this sect…

(a) Any person offering private investigation training must first be certified by the board. The board shall ensure that the instructors employed by the training provider possess both the experience and academic credentials to ensure that the curriculum and instruction will be be…

No criminal or civil action taken under this chapter precludes a prosecution or action under any other law of this state. (Act 2013-306, p. 1021, §28.)

The Alabama Private Investigation Board is subject to the provisions of the Alabama Sunset Law of 1981. The board shall automatically terminate on October 1, 2016, and every four years thereafter, unless a bill is passed that it be continued, modified, or reestablished. (Act 2013…

An individual may not practice private investigation or hold himself or herself out to the public as a private investigator or private investigator apprentice or use any term, title, or abbreviation that expresses, infers, or implies that the individual is licensed as a private i…

(a) There is created the Alabama Private Investigation Board. The appointing authorities shall coordinate their appointments to assure the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. (b) Priv…

(a) The board is declared to be a quasi-judicial body. Absent negligence, wantonness, recklessness, or deliberate misconduct, the members and the employees of the board are granted immunity from civil liability and may not be liable for damages when acting in the performance of t…

At the initial meeting of the board and each time a new member is appointed to the board, the members of the board shall select from among their members a chair to preside over meetings of the board and a vice chair to preside in the absence of the chair. (Act 2013-306, p. 1021, …

(a) There is created in the State Treasury for the use of the board a fund to be known as the Alabama Private Investigation Board Fund. All application and license fees, penalties, fines, and any other funds collected by the board related to private investigators, private investi…

(a) The board may promulgate rules necessary to implement this chapter and accomplish its objectives subject to the Alabama Administrative Procedure Act. (b) The board may promulgate and establish canons of ethics and minimum acceptable professional standards of practice for lice…

(a) The board shall establish regular and special meetings for the purpose of transacting its business as provided by rules promulgated by the board. Notice of board meetings and meetings of the board shall comply with the Alabama Open Meetings Act. (b) A majority of the board sh…

(a) It shall be unlawful for any person, including a city, county, or state employee, to administer polygraph examinations or attempt to hold himself or herself out as a polygraph examiner without a license approved by the board and issued by the board. (b) It shall be unlawful f…

(a) A person is qualified to receive a license as an examiner: (1) Who is at least 21 years of age; (2) Who is a citizen of the United States or, if not a citizen of the United States, who is a person who is legally present in the United States with appropriate documentation from…

(a) Applications for original license shall be made to the board in writing under oath on forms prescribed by the board and shall be accompanied by the required fee, which is not refundable. Any such application shall require such information as in the judgment of the board will …

(a) Each nonresident applicant for an original license or a renewal license shall file with the board an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in w…

An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a license without examination by the board, in its discretion, upon payment of the appropriate fees as provided in Section 34-25-26 and the production…

(a) Upon approval by the board, the board shall issue an internship license to a trainee provided he or she applies for such license and pays the required fee within 10 days prior to the commencement of his or her internship. The application shall contain such information as may …

The fee requirements of this chapter shall apply to all polygraph examiners, including those employed by governmental agencies, and to those who engage in polygraph examinations on any commercial basis. The fees to be paid, effective October 1, 2019, are as follows: (1) For an ex…

A license or duplicate license must be prominently displayed at the place of business of the polygraph examiner or at the place of internship. Each license shall be signed by the board members and shall be issued under the seal of the board. (Acts 1971, No. 2056, p. 3307, §14.)

Notice in writing shall be given to the board by the licensed examiner of any change of principal business location within 30 days of the time he or she changes the location. A change of business location without notification to the board shall automatically suspend the license t…

(a)(1) Each polygraph examiner’s license shall be issued for the term of one year and shall, unless suspended or revoked, be renewed annually as prescribed by the board. A polygraph examiner whose license has expired may at any time within two months after the expiration obtain a…

No action or counterclaim shall be maintained by any person in any court in this state with respect to any agreement or service for which a license is required by this chapter or to recover such services for which a license is required by this chapter without alleging and proving…

The board may refuse to issue a license, may issue oral or written reprimands to an examiner, may place an examiner on probation, or may suspend or revoke a license on any one or more of the following grounds: (1) Failing to inform a subject to be examined that his or her partici…

Any unlawful act or violation of any of the provisions of this chapter on the part of any polygraph examiner or trainee shall not be cause for revocation of the license of any other polygraph examiner for whom the offending examiner or trainee may have been employed, unless it sh…

(a) Where there is cause to refuse an application or to suspend or revoke the license of any polygraph examiner, the board shall, not less than 30 days before refusal, suspension, or revocation action is taken, notify such person in writing, in person or by registered or certifie…

Any person dissatisfied with the action of the board in refusing his application or suspending or revoking his license, or any other action of the board, may appeal the action of the board by filing a petition within 30 days thereafter in the circuit court in the county where the…

Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the board; failure of a licensee to do so shall be a violation of this chapter and, upon conviction, shall be subject to the penalties set forth in this chapter. At…

(a)(1) A business entity and its agents, officers, and employees, whether domiciled within or outside of this state, which employ or subcontract with private investigators, may not practice, advertise, or hold themselves out to the public as a private investigation agency without…

(a) Application for a license as a private investigation agency shall be made in writing to the board, on forms prescribed by the board, and shall include all of the following information: (1) The name of the applicant. (2) The business name and physical and email address of the …

(a) The board shall issue to each private investigation agency licensee a certification, which shall be at least 8″ x 10″ in size and shall contain the following information: (1) The name of the private investigation agency. (2) The physical address of the private investigation a…

(a) The board shall mail to each private investigation agency licensee a notice of renewal at least 60 days prior to the expiration of the license. An application for renewal shall be available for download by the licensee on the website of the board. A licensee shall report any …

The board shall adopt rules as necessary to implement this article. (Act 2023-397, §4)

The Legislature declares that in order to safeguard the health, safety, and welfare of the people of Alabama against the unauthorized, unqualified, and improper administration of prosthetic and orthotic care, it is necessary to provide for the licensing and regulation of persons …

There is established a separate special revenue trust fund in the State Treasury to be known as the Alabama State Board of Orthotists and Prosthetists Fund. All receipts and administrative fines collected by the board pursuant to this chapter shall be deposited in the fund and us…

(a) The board shall issue a license or registration to any person who meets the qualifications required by this chapter and who pays the respective fees fixed by the board. (b) Any person who is issued a license as an orthotic, prosthetic, or prosthetic/orthotic practitioner or o…

(a) The board shall promulgate rules and regulations for all licensure fees, registration fees, renewal fees, and accreditation fees. The application fee for licensure as an orthotist, prosthetist, orthotist assistant, prosthetist assistant, prosthetist/orthotist, or pedorthist s…

(a) Any person who practices prosthetics, orthotics, or pedorthics without first having obtained from the board a license, registration, or renewal thereof shall, upon conviction, be guilty of a Class B misdemeanor. (b) The board may, in its own name, bring an action in circuit c…

Nothing in this chapter shall authorize a mastectomy fitter to engage in the practice of medicine; to diagnose, treat, or cure any human disease, illness, ailment, infirmity, pain, or other medical conditions; to perform surgery of any type or description; or to prescribe any dru…

(a) The members of the board and all employees of the board shall be subject to the State Ethics Law, Sections 36-25-1 to 36-25-30, inclusive. (b) The board shall be subject to the Alabama Sunset Law of 1981, and shall be classified as an enumerated agency pursuant to Section 41-…