A4DA8BF3DB019D3B872584FD00604AFC Hearing Summary

Mr. Sweetman responded to questions about the process and the draft bill.

Bryan Jameson, representing the Department of Regulatory Agencies (DORA), provided the committee with information about the sunset process and the review of the Private Investigators Licensure Act. The report is on the department's website (https://www.colorado.gov/pacific/dora-oprrr/node/143196/).  Mr. Jameson talked about the criteria for review.

Mr. Jameson responded to questions about professionalism of the industry and the connection to licensure; exemptions from private investigator licensure for professionals already being regulated through other laws or rules; current requirements for private investigator licensure; the voluntary licensure program, including budget; individuals doing business as private investigators; and the effectiveness of the regulation.

Mr. Jameson continued to respond to questions from the committee, including regulation in other states; history of complaints, including applicant history prior to licensure; credibility of unlicensed private investigators in court; fees generated for staff administering the program; the jurisprudence exam for investigators; the recommendation to discontinue licensure; the surety bond requirement; requirements for continuing education; and the regulation of other professions.

Robert Orozco, representing the Professional Private Investigators Association of Colorado, testified in opposition to sunsetting the Private Investigators Licensure Act.

Ryan Johnston, representing the Professional Private Investigators Association of Colorado, testified in opposition to sunsetting the Private Investigators Licensure Act.

Mr. Orozco and Mr. Johnston responded to committee questions, including the criteria for regulation of private investigators in the statutes, such as the necessity of regulation to protect public health, safety and welfare; the least restrictive form of regulation while protecting the public; the oversight of DORA, especially operating in the interest of the public; the oversight of DORA, with regards to efficiency and effectiveness; the oversight of DORA, with regards to including the public; the economic impact of regulation, especially in terms of stimulating or limiting competition; complaint investigation and discipline to protecting the public; the scope of practice contributing to affirmative action and the effective use of personnel; how disqualifications and discipline for the profession serves the public; and any necessary changes needed to the law.

Mr. Orozco and Mr. Johnston continued to respond to committee questions, including discipline that the association provides to professionals. The association offers an ethics committee. There were also questions about the body that initially recommended renewal of licensing and the continued requirement of the jurisprudence exam.

Peter Smith, representing his investigation company, testified in opposition to sunsetting the Private Investigators Licensure Act.

Tan Smyth, representing herself, testified in opposition to sunsetting the Private Investigators Licensure Act.

Lydia Waligorski, representing Violence Free Colorado, testified in opposition to sunsetting the Private Investigators Licesnure Act.

Chair Gray laid over the Sunset Review Hearing to later in the committee meeting.