Page 8 - November PPIAC Newsletter Published

The Confusion of the Colorado PI License Repeal

On September 1, 2020, the Colorado PI licensing program repealed in
accordance with the Colorado Private Investigators Licensure Act. PPIAC
which supported the act along with HB20-1207 which would have continued
licensing for another 5 years believed DORA would spare no time in quickly
dismantling the PI licensing program. After all, DORA in its sunset study
provided a recommendation to sunset the program. DORA also lobbied and
provided testimony in opposition of HB20-1207 and the continuation of the
program. A search of DORA’s PI license web page several weeks after the
repeal date gave no guidance or indication of DORA’s termination of the
program. To our knowledge, DORA never sent any of the individual license
holder’s information regarding the end of the program.

However, on September 23, 2020, PPIAC checked DORA’s PI license page
and located a document entitled, “Private Investigator Program Windup
FAQ”. In this document, DORA finally provided information to include an
end date of August 31, 2021 for its administration of the program. DORA
also stated the current licenses are valid until May 31, 2021 but could be
extended past that date to reflect the expiration of the windup period. DORA
has also provided answers to other questions.

The result of DORA providing a windup period of a year is that PI license
holders can continue to know they are licensed in Colorado, consumers
have an avenue for reporting complaints, and individuals in Colorado cannot
hold themselves out to be private investigators without a valid license.

Within the profession, many questions have been raised regarding suitable
alternatives to their Colorado PI license. This is understandable and
expected, as the Colorado PI license program experienced widespread
support both with the profession as well as with consumers. It is important
for PIs in Colorado to understand that as long as DORA has authority to
administer the licensing program, Colorado PIs are indeed under DORA’s
authority. This includes the windup period as set by DORA.

It is also important to know that for consumer protection, there simply is no
suitable alternative to licensing in the respective state of practice.