OAR 259-061-0018: Investigator Licensure Requirements and Exemptions

(1) A person may not act as an investigator or represent themselves as an investigator unless they are licensed as described in ORS 703.430 and these rules. (2) The following rules provide further definition of the exemptions from licensure found in ORS 703.401 to 703.490. (a) Persons described in ORS 703.411 are exempt from regulation as private investigators. (b) For the purposes of ORS 703.411(1), a person is “employed exclusively by one employer in connection with the affairs of that employer only” when; (A) The person has one, exclusive employer; and (B) The person conducts investigations on behalf of that employer only. This subsection does not apply to a person who conducts investigations on behalf of the employer’s clients. (C) Subsection (b) of this rule applies as of August 9, 2011. (c) The exemption found in ORS 703.411(2) includes individuals providing investigatory work through a contract or sub-contract for the federal government while the individual is performing the duties of the office or employment. (d) For the purposes of this rule, the expert witness exemption to private investigator licensing requirements found in ORS 703.407 does not apply to an individual hired as an investigator to obtain or furnish information who later testifies as to the factual information obtained during the investigation.