New Hampshire Revised Statutes 106-F:9 – Requirements of Licensees
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I. The surety bond required by this section shall be so conditioned that the person bonded shall conduct his or her business in a lawful and honest manner without committing, compounding, aiding, or abetting the commission of any criminal offense. Said bond shall be filed with and kept by the secretary of state and shall be subject to being sued upon by the attorney general of the state in the name of the state or sued upon by any person injured by a breach of any condition of such bond designed to protect such person. The principal sum of the bond shall be no less than $50,000, which shall be increased by $50,000 for each additional type of license held by any person licensed under this chapter.
II. A person licensed under this chapter may employ agents, investigators, or guards as such licensee deems necessary. The licensee shall be responsible for the conduct of any such employees who shall be covered under the licensee’s surety bond.
III. A licensee shall notify the commissioner of the discharge or termination of any employee licensed under the provisions of this chapter and also any change in the membership of the firm or in the officers or directors of any association or corporation or any change in the address of any office or the location of such business, within 10 business days after such change. Failure to give such notification shall be sufficient cause for suspension of the licensee’s license.
IV. Any license holder who changes her or his place of employment from one agency to another shall within 10 business days notify the commissioner in person as to the identity of her or his new employer, and a new photo license shall be issued at no cost to license holder.
V. Any license holder who is arrested and charged with any felony or misdemeanor or becomes subject to a domestic violence protective order shall notify the commissioner of the charge and the circumstances within one business day of the issuance of the order or the arrest.
VI. All felonies observed or revealed by or to persons licensed under this chapter shall be immediately reported to the New Hampshire state police, the closest law enforcement agency having jurisdiction, or the attorney general’s office, except as allowed under paragraph VIII or IX.
VII. A licensee who reports criminal activity to state or local police or a county sheriff shall be immune from civil liability for making a report or information available to law enforcement provided it is made in good faith and with reasonable belief in its veracity and is in compliance with this chapter.
VIII. No person licensed under this chapter shall be required to reveal, other than by judicial order, information on the subject, nature, or substance of an investigation or work product to any other person if by doing this he or she would violate the rights and interests of a person engaging the services of the licensee, except to the limited extent that may be needed to dispel the suspicions of a law enforcement officer investigating a report of loitering, prowling, or other suspicious activity pursuant to N.H. Rev. Stat. § 644:6, and except to the commissioner of safety or authorized agent when required in an investigation of improper or illegal conduct by the licensee.
IX. A licensee who is employed or contracted and supervised by an attorney shall not be required to report any of his or her work product which would violate the privilege of confidentiality between the attorney and his or her client.
X. The commissioner may adopt, pursuant to RSA 541-A, certain initial and continuing education requirements, not to exceed 10 hours per license period, for licensed security guards, private investigators, and bail recovery agents, including but not limited to the statutory and case laws on the use of force, ethics, privacy, trespass, fair debt collection practices, wiretap and surveillance, general business practices, and other issues relative to their respective occupations, after consultation with the advisory board.
II. A person licensed under this chapter may employ agents, investigators, or guards as such licensee deems necessary. The licensee shall be responsible for the conduct of any such employees who shall be covered under the licensee’s surety bond.
Terms Used In New Hampshire Revised Statutes 106-F:9
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. A licensee shall notify the commissioner of the discharge or termination of any employee licensed under the provisions of this chapter and also any change in the membership of the firm or in the officers or directors of any association or corporation or any change in the address of any office or the location of such business, within 10 business days after such change. Failure to give such notification shall be sufficient cause for suspension of the licensee’s license.
IV. Any license holder who changes her or his place of employment from one agency to another shall within 10 business days notify the commissioner in person as to the identity of her or his new employer, and a new photo license shall be issued at no cost to license holder.
V. Any license holder who is arrested and charged with any felony or misdemeanor or becomes subject to a domestic violence protective order shall notify the commissioner of the charge and the circumstances within one business day of the issuance of the order or the arrest.
VI. All felonies observed or revealed by or to persons licensed under this chapter shall be immediately reported to the New Hampshire state police, the closest law enforcement agency having jurisdiction, or the attorney general’s office, except as allowed under paragraph VIII or IX.
VII. A licensee who reports criminal activity to state or local police or a county sheriff shall be immune from civil liability for making a report or information available to law enforcement provided it is made in good faith and with reasonable belief in its veracity and is in compliance with this chapter.
VIII. No person licensed under this chapter shall be required to reveal, other than by judicial order, information on the subject, nature, or substance of an investigation or work product to any other person if by doing this he or she would violate the rights and interests of a person engaging the services of the licensee, except to the limited extent that may be needed to dispel the suspicions of a law enforcement officer investigating a report of loitering, prowling, or other suspicious activity pursuant to N.H. Rev. Stat. § 644:6, and except to the commissioner of safety or authorized agent when required in an investigation of improper or illegal conduct by the licensee.
IX. A licensee who is employed or contracted and supervised by an attorney shall not be required to report any of his or her work product which would violate the privilege of confidentiality between the attorney and his or her client.
X. The commissioner may adopt, pursuant to RSA 541-A, certain initial and continuing education requirements, not to exceed 10 hours per license period, for licensed security guards, private investigators, and bail recovery agents, including but not limited to the statutory and case laws on the use of force, ethics, privacy, trespass, fair debt collection practices, wiretap and surveillance, general business practices, and other issues relative to their respective occupations, after consultation with the advisory board.