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Re: Really - How Many People Use 1033 - Q&A
Posted by: Chris Bloom, CJBFireConsultant (IP Logged)
Date: July 10, 2007 01:15PM

Pat:

Get ahold of Cozen & O'Connor. The Philly office published the the following document in Feb 2005 and I am unaware if there are any updates since. You can find it on their website.

The document DOES NOT address the PI licensing issue, only whether Expert Witnesses are allowed to testify whether they are licensed or not.

JURISDICTIONS COMPARATIVE CHART: PRIVATE INVESTIGATOR LICENSING REQUIREMENTS FOR EXPERTS

Here are a few excerpts for your review.


Alabama Ala. Code §40-12-93
Statute only applies to “detective agencies.”
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Arizona Ariz. Rev. Stat. Ann. 32-2401 §16(a)(vi)
Applies to persons investigating the cause and origin of, or responsibility for, a fire, libel, slander, a loss, an accident, damage or an injury to real or personal property.

No Effect As to Engineers: Attorney General Opinion determined that engineers called to investigate cause and origin of fires and testify as experts do not need a private investigator license. See Ariz. Opp. Atty. Gen. 37, 1991 W.L. 488332.

Private investigator is a person who gathers "evidence to be used before any court…” Landi v. Arkules, 835 P.2d 458, 466 (Ariz. Ct. App. 1992).
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Florida Fla. Stat. § 493.6101(17)(f)
Applies to persons investigating the causes and origin of, or responsibility for, fires, libels, slanders, losses, accidents, damage, or injuries to real or personal property and the business of securing evidence to be used before investigating committees or boards of award or arbitration or in the trial of civil or criminal cases and the preparation therefor.

Undecided: Courts have not yet addressed the issue. Does not apply to insurance investigators or persons licensed by state or federal licensing authority when such a person is providing expert advice. Fla. Stat. § 493.6102(2)
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Kansas Kan .Stat. Ann. § 75-7b01(a)(4), (5)
Applies to persons investigating the cause or responsibility for fires, libels, losses, frauds, accidents or damage or injury to persons or to property; or securing evidence to be used before any court, board, officer or investigating committee.

No Effect: Private fire investigators and other experts need not be licensed to testify in court. Kansas Atty. Gen. Op. No. 87-138, 1987 WL 290366 (Sept. 18, 1987
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North Carolina N.C. Gen. Stat. § 74C-3
Applies to persons investigating the cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to properties or securing evidence to be used before any court, board, officer, or investigative committee.

Undecided: Courts have not yet addressed the issue. Professional engineers and consultants performing laboratory tests or analyses are exempt from the licensing
requirements of the statute. Opinion of N.C. Attorney General, 57 N.C. Op. Atty. Gen. 47, 1987 WL 269245 (October 6, 1987).
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New Jersey N.J. Stat. Ann. § 45:19-9
Applies to persons investigating the causes and origin of, or responsibility for, fires, libels, accidents, damage, injuries or losses to persons, firms, associations or corporations or the securing of evidence to be used before any
investigating committee, board of award, board of arbitration, or in the trial
of any civil or criminal cause.

Undecided: Courts have not yet addressed the issue. But see Mizrahi v. Allstate Insurance Co., 647 A.2d 486 (N.J. Super. 1994)(witness not licensed as an insurance consultant under the N.J. Insurance Producer Licensing Act prohibited
from offering expert testimony, because the licensing statute covers the rendering of “opinions”).



Subject Views Written By Posted
  Really - How Many People Use 1033 - Q&A 1885 Chris Bloom, CJBFireConsultant 07/07/2007 01:34AM
  Re: Really - How Many People Use 1033 - Q&A 1006 FM-12 07/07/2007 01:23PM
  Re: Really - How Many People Use 1033 - Q&A 1129 Hunter B. (Terry) Lacy 07/07/2007 09:48PM
  Re: Really - How Many People Use 1033 - Q&A 1023 PMK140 07/08/2007 07:17AM
  Re: Really - How Many People Use 1033 - Q&A 965 PMK140 07/08/2007 07:23AM
  Re: Really - How Many People Use 1033 - Q&A 986 Chris Bloom, CJBFireConsultant 07/08/2007 11:23AM
  Re: Really - How Many People Use 1033 - Q&A 960 PMK140 07/08/2007 01:30PM
  Re: Really - How Many People Use 1033 - Q&A 919 Chris Bloom, CJBFireConsultant 07/09/2007 02:03AM
  Re: Really - How Many People Use 1033 - Q&A 932 PMK140 07/09/2007 07:46AM
  Re: Really - How Many People Use 1033 - Q&A 1011 Chris Bloom, CJBFireConsultant 07/09/2007 05:23PM
  Re: Really - How Many People Use 1033 - Q&A 831 PMK140 07/09/2007 08:14PM
  Re: Really - How Many People Use 1033 - Q&A 835 Hunter B. (Terry) Lacy 07/10/2007 11:09AM
  Re: Really - How Many People Use 1033 - Q&A 906 Chris Bloom, CJBFireConsultant 07/10/2007 11:39AM
  Re: Really - How Many People Use 1033 - Q&A 853 Hunter B. (Terry) Lacy 07/10/2007 12:32PM
  Re: Licensing Agency Contacts 857 Chris Bloom, CJBFireConsultant 07/10/2007 01:02PM
  Re: Really - How Many People Use 1033 - Q&A 838 Jonathan Squires 07/16/2007 09:01AM
  Re: Really - How Many People Use 1033 - Q&A 840 Hunter B. (Terry) Lacy 07/16/2007 09:19AM
  Re: Really - How Many People Use 1033 - Q&A 816 Chris Bloom, CJBFireConsultant 07/16/2007 11:21PM
  Re: Really - How Many People Use 1033 - Q&A 855 Jonathan Squires 07/18/2007 08:01AM
  Re: Really - How Many People Use 1033 - Q&A 878 John J. Lentini, CFEI 07/18/2007 10:31AM
  Re: Really - How Many People Use 1033 - Q&A 795 Chris Bloom, CJBFireConsultant 07/18/2007 06:00PM
  Re: Really - How Many People Use 1033 - Q&A 820 Jonathan Squires 07/26/2007 06:35AM
  Re: Really - How Many People Use 1033 - Q&A 779 Hunter B. (Terry) Lacy 07/26/2007 07:48AM
  Re: Really - How Many People Use 1033 - Q&A 775 Chris Bloom, CJBFireConsultant 07/26/2007 02:20PM
  Re: Really - How Many People Use 1033 - Q&A 903 Chris Bloom, CJBFireConsultant 07/10/2007 01:15PM
  Re: Really - How Many People Use 1033 - Q&A 986 Hunter B. (Terry) Lacy 07/10/2007 09:47AM
  Re: Really - How Many People Use 1033 - Q&A 927 Chris Bloom, CJBFireConsultant 07/10/2007 11:02AM
  Re: Really - How Many People Use 1033 - Q&A 903 PMK140 07/09/2007 08:02AM
  Re: Really - How Many People Use 1033 - Q&A 891 thattwick 07/09/2007 02:59PM
  Re: Really - How Many People Use 1033 - Q&A 898 ForensicEEnMD 07/16/2007 03:26PM
  Re: Really - How Many People Use 1033 - Q&A 823 MIJ 07/16/2007 09:25PM
  Re: Really - How Many People Use 1033 - Q&A 827 ForensicEEnMD 07/17/2007 07:52AM
  Re: Really - How Many People Use 1033 - Q&A 858 Chris Bloom, CJBFireConsultant 07/18/2007 01:58AM


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