Ala. Admin. Code r. 741-X-4-.09

Current through Register Vol. 43, No. 02, November 27, 2024

Section 741-X-4-.09 - Exemptions From Licensure

Nothing in these rules shall be construed as preventing or restricting the practice, services, or activities of 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 private business entity investigating a current or prospective employee.

(3) An employee of any business or entity that is not primarily engaged in the business of private investigation when that employee is working under a contract for his or her services that his or her employer signed with a third party.

(4) Any person or professional, including without limitation an attorney providing legal services, who is not primarily engaged in the business of private investigation, but who in conjunction with his or her business or profession may occasionally perform private investigation services.

(5) Any business or entity that is not primarily engaged in the business of private investigation.

(6) A consumer-reporting agency as defined by the Federal Fair Credit Reporting Act.

(7) Any certified public accountant authorized to engage in the practice of public accountancy in this state or any entity licensed or otherwise permitted to engage in the practice of public accountancy in this state or the affiliated entities thereof.

(8)

(a) An attorney-at-law in good standing and licensed to practice law;

(b) An employee (meeting the definition of employee by the IRS) of a single attorney or single law firm who is acting within the employee's scope of employment of the attorney or law firm; or

(c) A consultant, accident reconstructionist, or forensic scientist when the person is retained by an attorney, insurance company representative, or appointed by a court to serve as an expert witness or to investigate, or to make tests, conduct experiments, draw conclusions, render opinions or make diagnoses, where those services require the use of training or experience in a technical, scientific, or social science field.

(9) Any individual engaged in any of the following:

(a) Computer or digital forensic services.

(b) The acquisition, review, or analysis of digital or computer-based information for evidentiary or other purposes or to provide expert testimony before any court, Board, officer, or investigating committee.

(c) Network or system vulnerability testing, including network scans and risk assessment and analysis of computers connected to a network.

Ala. Admin. Code r. 741-X-4-.09

New Rule: Filed March 7, 2014; effective April 11, 2014.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 08, May 31, 2018, eff. 6/25/2018.

Previous rule .11 was renumbered .09 per certification filed May 11, 2018; effective June 25, 2018.

Author: The Alabama Private Investigation Board

Statutory Authority:Code of Ala. 1975, §§ 34-25B-1 through 34-25B-29.