HAR §16-97-15. Employee Registration

(a) An agency may employ as many agents, operatives, assistants, guards, and employees as necessary for the conduct of business; provided that the principal guard or principal detective of the agency shall be held responsible for the acts of those employees while the employees are acting within the scope and purpose of the licensee's business. (b) An agency shall not employ any person who has been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the person to engage in the profession, unless there has been an order annulling or expunging that convicted person's sentence. (c) Every agency shall file, on a form prescribed by the board, semiannual lists of employees hired or terminated during the semiannual period doing any type of investigative or guard work. For the semiannual periods of January to June; and July to December; lists shall be due on or before July 31st and January 31st respectively. The lists shall contain the names, addresses, dates of birth, and dates of hire or termination and any other information required by the board of all employees hired or terminated during the semiannual period. (1) If an employee engaging in investigative or guard work is terminated during the semiannual period, the terminated employee's name and the date of termination shall be indicated on the list. (2) Every agency by and through its responsible principal shall attest on the list that each of these newly hired employee's educational, criminal, psychiatric, and psychological histories have been verified in accordance with the requirements of this chapter and chapter 463, HRS, prior to being hired. [Eff 3/9/72; am and ren §16-97-15, 7/30/81; am and comp 2/18/86; comp 8/25/88; am and comp 10/23/00; am and comp 3/14/11] (Auth: HRS §463-3) (Imp: HRS §§463-3, 463-6, 463-8) §16-97-16 Powers and duties of private detectives and guards; standards of conduct. (a) Arrest. In accordance with section 803-3, HRS, private detectives 97-12 §16-97-18 or guards shall have the authority to arrest, without a warrant, anyone in the act of committing a crime. (b) Stop and frisk. A private detective or guard, for good cause, may stop and frisk any person found on the premises which are being guarded if based on the private detective or guard's observation of the person to be frisked, or other reliable information, the private detective or guard suspects that a crime has been or is about to be committed. (c) Interrogation. No private detective or guard shall interrogate, question, or in any way abuse the civil rights of a person arrested, detained, or found on the premises which are being guarded. Any person properly arrested shall be immediately turned over to the appropriate governmental authorities. (d) Use of force. A private detective or guard shall comply with the use of force provisions in chapter 703, HRS. [Eff 3/9/72; am and ren §16-97-16, 7/30/81; am and comp 2/18/86; comp 8/25/88; am and comp 10/23/00; am and comp 3/14/11] (Auth: HRS §§463-3, 803-3, 803-4) (Imp: HRS §463-3)