Conducting business with a security/investigative provider in Nevada

Over the last couple of decades, I have seen/heard of a variety of issues regarding what is/is not legal about providing security and/or investigative services in the State of Nevada. These come in the form of an out-of-state provider looking for “agents” in Nevada to work an executive protection detail or other security or investigative-related duty, individuals seeking work, or clients seeking providers.

As a licensee and Qualifying Agent in the Private Investigator, Private Patrol Officer and Security Consultant category during the last 25 years in Nevada for myself, my firm, and a couple of large defense contractors on the largest security contract in the State, I have often counseled those seeking this information, and once again, I see debate by a series of individuals on social media who clearly do not understand the law.

The private, contract security, investigative, and security consulting industry is regulated in Nevada by Nevada Revised Statue (NRS) Chapter 648 – PRIVATE INVESTIGATORS, PRIVATE PATROL OFFICERS, POLYGRAPHIC EXAMINERS, PROCESS SERVERS, REPOSSESSORS, DOG HANDLERS AND REGISTERED EMPLOYEES. Proprietary (in-house employees) are not regulated, outside of gaming license holders (casinos) who are required to register casino security and investigators with the Nevada Gaming Control Board.

There are licensees, Qualifying Agents, and registered employees. While there are states where a license applicant can send in a form, check, and fingerprints and receive a license shortly after, Nevada is not one of them. A prospective licensee needs to complete an application package, notarized affidavits in support of qualifications, a background questionnaire, fingerprints, and a photo with appropriate fees. A background investigation is completed by a PILB Investigator with a criminal records check with the FBI CJIS and state repository. The applicant is scheduled for the next available date for the written test, and once passed the next available Board meeting. Testing and Board Meetings are held quarterly, so the entire process can easily take 6-8 months to complete.

If the license applicant is anything other than an individual or individual operating under a Fictitious Firm Name (doing business as), they need to submit a background questionnaire, prints and photo for the partners or LLC Managers or three principle corporate officers. They also need to designate a Qualifying Agent (QA) an employee with the required minimum experience who will be the regulatory point of contact and responsible for compliance at a company. The QA must be present in Nevada to supervise, monitor and maintain each registered employee that is working in Nevada and his or her employee records. A QA may only be so for one entity per category of license.

A few definitions:

NRS 648.012 “Private investigator” defined.

1. “Private investigator” means any person who for any consideration engages in business or accepts employment to furnish, or agrees to make or makes any investigation for the purpose of obtaining information with reference to:

(a) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person;

(b) The location, disposition or recovery of lost or stolen property;

(c) The cause or responsibility for fires, libels, losses, accidents, motor vehicle crashes or damage or injury to persons or to property;

(d) A crime or tort that has been committed, attempted, threatened or suspected, except an expert witness or a consultant who is retained for litigation or a trial, or in anticipation of litigation or a trial, and who performs duties and tasks within his or her field of expertise that are necessary to form his or her opinion;

(e) Securing evidence to be used before any court, board, officer or investigating committee; or

(f) The prevention, detection and removal of surreptitiously installed devices for eavesdropping or observation.

2. The term does not include:

(a) Any person who is accessing exclusively public records, public databases or any other public information; or

(b) Any person who for any consideration engages in business or accepts employment to provide information security.

NRS 648.013 “Private patrol officer” defined. “Private patrol officer” means a person engaged in the business of employing and providing for other persons watchmen, guards, patrol officers, uniformed officers to control traffic, bodyguards or other persons for the purpose of protecting persons or property, including armored transport, to prevent the theft, loss or concealment of property of any kind or to investigate the theft, loss or concealment of property the private patrol officer has been hired to protect.

NRS 648.0155 “Security consultant” defined. “Security consultant” means a person licensed as a private patrol officer or private investigator who engages in the business of furnishing advice on the proper methods and equipment for providing security and protection for persons and property.

Link to definitions for Process Servers, Repossessors, Polygraph Examiners, and Canine Handlers in NRS 648.

Link to First Time Licensee Info Sheet

REQUIREMENTS

Before the Board grants any license, the applicant, including each director and officer of a corporate

applicant, must:

Be at least 21 years of age.
Be a citizen of the United States or lawfully entitled to remain and work in the United States.
Be of good moral character and temperate habits.
Have not been convicted of:

A felony

Any crime involving moral turpitude or the illegal use or possession of a dangerous weapon

Undergo a criminal history background check through the Federal Bureau of Investigation (FBI), the Nevada Department of Public Safety.
Pass an exam with a score of 75% or better (only for individual applicants and qualified agent applicants)

EXPERIENCE REQUIREMENTS PER LICENSE TYPE

Experience must be certified by your employer on the forms provided in the application.

PRIVATE PATROLMAN

At least 5 years (2,000 hours each year, totaling 10,000 hours) experience as a private patrol officer, or the equivalent thereof, as determined by the Board.
Credit may be given for an educational degree (see below), but not required.

PRIVATE INVESTIGATOR

At least 5 years (2,000 hours each year, totaling 10,000 hours) experience as an investigator, or the equivalent thereof, as determined by the Board.
Credit may be given for an educational degree (see below), but not required.

EDUCATIONAL DEGREE

The Board will grant credit toward the experience to an applicant for Private Investigator or Private Patrolman if they have an educational degree. Only an associate’s degree in Police Science or Criminal Justice is the equivalent of 8 months or 1,333 hours, and a Bachelor’s Degree in Police Science or Criminal Justice is the equivalent of 18 months or 3000 hours of experience.

So, what is patently illegal in Nevada?

Advertising, bidding on contracts, agreeing to provide or providing any of the regulated services, in the State of Nevada, except by entities with the appropriate license. These services include security guard, executive protection, investigative, patrol, watchman, surveillance, secure transportation, surveillance, surveillance detection, security consulting, backgrounds, OSINT investigations, etc.

What about sub-contracting?

A properly Nevada licensed entity may sub-contract with a properly Nevada licensed entity, and registered employees of that licensee may perform the services.

What about a properly licensed, out-of-state service provider? There are provisions for an out-of-state, licensed service provider (if a license is available/required in their jurisdiction) to work with a properly Nevada-licensed entity, come into Nevada, and work temporarily here. There are specific steps and PILB notifications that have to be made before the commencement of any services in Nevada. Additionally, there are a few, limited exemptions that can be approved by the PILB for such large events as a major jewelry show held annually in Las Vegas.

NAC 648.338 Employment of unlicensed persons: Restrictions; exemption. (NRS 648.030, 648.140)

1. Except as otherwise provided in subsection 2, a licensee may not employ an unlicensed person who is or becomes employed:

(a) As a peace officer, as defined in NRS 169.125;

(b) By a federal, state or local law enforcement agency; or

2. Upon receipt of a written request for exemption, the Board may grant an exemption from the prohibitions set forth in subsection 1 if the Board finds that the private activities of the unlicensed person on behalf of the licensee would not create or tend to create:

(a) A conflict of interest with his or her responsibilities to the public employer and his or her duty to discharge them; or

(b) The possibility of a use of his or her position with the public employer for personal advantage in his or her private activities.

(Added to NAC by Priv. Investigator’s Lic. Bd., eff. 7-18-88; A 7-7-94; R107-06, 7-14-2006)

Law Enforcement Officers cannot work security/investigations in Nevada unless an exemption from the PILB is issued.

If I am a client or prospective employeelooking to work with a properly licensed security/investigative service provider in Nevada, how can I conduct my due diligence?

Here are a few links to resources to assist you.

Nevada Secretary of State

Registered Business Entity and Nevada Business License. NV SOS SilverFlume Business Search. Search for an active business entity and business license.

NOTE: if it is a single individual licensee or individual doing business under a Fictitious Firm Name, search at the county recorder in the county they operate out of, i.e. Clark County for Las Vegas

Check for an active PILB license

Type in their license number, required in all advertising or communication, such as emails, letterhead, websites, business cards, ads, trade booths, brochures, social media accounts and marked vehicles, etc. Otherwise, search for the company name or individual.

If they are a currently licensee, they can advertise/offer/provide the service. If they are a registered employee with a work card, they cannot.

Current Certificate/Proof of General Liability, Professional and Workers Compensation Insurance. Minimum of $200,000 in General Liability Insurance.

Ask for a copy of their Certificate of Liability Insurance. The Producer and contact information is listed at the top for verification.

Are they providing Armed Security Services?

-Their registered employees must have a valid, current “Armed Registered Work Card. A licensee would need a valid, current license pocket ID.

Figure 1 Example of an ARMED Registered Employee Work Card

-Current PILB Certificate of Completion of Course in Firearms Safety (or “White Card”)

Figure 2 Example of a PILB “White Card”

Are they in plain clothes and carrying the firearm concealed?

– A Current Nevada Concealed Firearms Permit, generally issued in the county of residence.

Figure 3 Sample of a CFP issued by LVMPD for Clark County.

A current government-issued photo ID/Driver’s License.

Are they providing transportation of persons for hire, such as a limo/black car service or secure transportation?

Check for an active Charter Limousine Certificate of Public Convenience and Necessity (CPCN) with the Nevada Transportation Authority.

To transport someone for hire, the firm needs:

An active CPCN
Required Liability Insurance. Ask for a copy of a Certificate of Insurance. The producer and contact information is listed at the top for verification.
Current Nevada registered and NTA-inspected vehicle
CPCN number permanently affixed to the vehicle

Drivers require:

Current, valid Nevada Drivers License. A Commercial Drivers License (CDL) may be needed for unusually large (usually in excess of 16 passengers, or in excess of 26,001 Lbs) vehicles.
Current, valid NTA Driver Permit

Other considerations:

-County/City Security and/or Investigative Services Business License.

–Better Business Bureau, listed? Accredited? Rating? Complaints?

-Chamber of Commerce?

-For providers outside of Nevada (in the US), are there their licensing requirements?

International Association of Security and Investigative Regulators (IASIR)

Sources:

Nevada Revised Statues, Chapter 648, et seq

Nevada Administrative Code, Chapter 648. Et seq

Nevada Private Investigators Licensing Board, License Booklet

Nevada Transportation Authority

Nevada Revised Statues (NRS) Chapter 706