BEFORE THE DIRECTOR OF THE DIVISION OF PROFESSIONS AND OCCUPATIONS STATE OF COLORADO Case No. 2015-3628 STIPULATION AND FINAL AGENCY ORDER IN THE MATTER OF DISCIPLINARY PROCEEDINGS REGARDING THE LICENSE ‘TO PRACTICE PRIVATE INVESTIGATIONS IN THE STATE OF COLORADO OF PATRICK BAIRD, LICENSE NO. PI-2 282, RESPONDENT. IT IS HEREBY STIPULATED by and between the Director of the Division of Professions and Occupations for the Office of Private Investigator Licensure ("Director") and Patrick Baird (‘Respondent’) as follows: 1. Respondent was licensed to practice level 2 private investigations ir the state of Colorado on June 16, 2015, having been issued license number Pl-2 282, and has been so licensed at all times relevant herein, 2. The Director has jurisdiction over the person of Respondent and the subject matter of this Stipulation and Final Agency Order Order’. 3. Onorabout January 26, 2017, the Director reviewed a complaint filed regarding Respondent’ license to practice private investigations in the state of Colorado, Respondent's response, and addtional information regarding the comlaint. 4, This Order isa full and final resolution of case number 2015-3628. This Order does not resolve any other cases, complaints, or matters, known or unknown to the Director or Respondent, as of the effective date of this Order. 5. Respondent admits the following: @. As aprivate investigator, Respondent engaged in harassing behavior toward V.G. by calling multiple times in one (1) day and leaving her over twenty (20) voicemail messages in a single aftemoon. b. On or about September 26, 2016, Respondent pled guily to and ‘was convicted of Harassing Communication level MB, in Harris County District Cour in the state of Texas. Respondent was sentenced to two (2) ‘days of confinement and to a fine in the amount of two hundred fiftydollars ($250.00). The criminal conviction involved the communications from Respondent to V.G. 6. By virtue of the facts admitted in paragraph § above, Respondent admits and the Director finds that Responcent violated §12-58.5-109(1)(c) and (g), C.R.S., and Rule 8F.13, which state 12.58.5-109 Disciplinary actions — grounds for discipline - rules ~ cease-and-desist orders. (1) The director may deny, suspend, or revoke a license, place an Respondent or licensee on probation, or issue a letter of admonition to an Respondent or licensee if the Respondent or licensee: (c) Is convicted of or has entered a plea of guilty or nolo contendere to a felony; to an offense, the underlying factual basis of which has been found by the court to involve unlaw/ul sexual behavior, domestic violence, 1s defined in section 18-6-800.3(1), C.R.S., or stalking, as defined in ‘section 18-3-602, C.R.S;; or to violation of a protection order, as defined in section 18-6-803.5, C.R.S. In considering the disciplinary action, the. director is governed by section 24-5-101, C.R.S., in considering the ‘conviction or plea; (6) Commits an act o: omission that fails to meet generally accepted standards of the practice of private investigations. Rule 8-Standards of Practice F. Business Standards and Compliance with Laws. 19. Licensees shall obey all applicable federal, state, and local iaws, including but not limited to criminal laws. “Criminal laws" include the ppenal ordinances and regulations of a political subdivision of a state or the agencies of the federal goverament. These criminal laws include but are not limited to those involving stalking, harassment, invasion of privacy, wiretapping, credit reporting, and those that involve protection orders against defendants, 7. By virtue of the admissions in paragraphs 5 and 6 above, Respondent is subject to the following disciplinary sanctions that the Director believes is necessary to protect the public health, safety, and welfare, DISPOSITION 8 ADMONISHMENT. Respondent is hereby admonished by the Director for having been convicted of, pled guity to, or entered a plea of nolo contendere to a ‘crime, for committing an act that fais to meet generally accepted standards of the practice of private investigations, and for violation of Rule 8 and is warmed thatrepetition of such conduct could leed to formal action against his license including probation, suspension, of revocation 9, FINE. Respondent shall pay a fine in the amount of two hundred fity dollars ($250.00). Respondent understands and acknowledges that, pursuant to §24- 34-108, C.R.S,, the Executive Director of the Department of Regulatory Agencies shall impose an additional surcharge of 15% of this fine. Thus, Respondent shall pay a total ‘amount of two hundred eighty seven dollars and fifty cents ($250.00 + $37.50 = $287.50). The fine is payable to the State of Colorado and is due at the time Respondent submits this signed Order to the Office of Private Investigation Licensure. OTHER TERMS, 10. _ Respondent shall strictly observe the prohibitions set forth in the Private Investigators Licensure Act, §12-58.5-101, ef. seq., C.R.S. (PIL Act’), and will ensure that Respondent does not engage in any activities that are prohibited, 11. Respondent shall obey the PIL Act, all Director rules and regulations, and all state and federal laws while this Order is in effect. 12. _ All costs and expenses incurred by Respondent or associated with any requirement necessary to fufil the terms of this Order shall be the sole responsibilty of Respondent and not the Director. 13, _ In the event Respondent relocates at any time during the probationary period, Respondent shall notify the Director of the change of address within thity (30) ‘days of such relocation and hereby gives consent to the Director that the Director may notify the equivalent regulatory office or agency in any state to which Respondent relocates of the existence and terms ofthis Order. 14. _ Respondent s fully aware of and understands the right to receive a formal notice of hearing and charges and to have a formal disciplinary hearing, pursuant to {§§12-58.5-109 and 24-4-105, C.R.S., and hereby waives those rights. Further, Respondent also acknowledges thet this waiver constitutes a waiver of all rights to ‘appeal in this matter. 15. This Order is entered into by Respondent voluntarily and without coercion, after an opportunity to consult with counsel and with full understanding of the legal Consequences of this Order and the right to a formal hearing on all matters herein. 16. This Order shall become an order of the Director when itis accepted and signed by the Program Director of the Office of Private Investigator Licensure or other authorized Director representative, 17. The Order entered pursuant to this Stipulation and Final Agency Order shall constitute a Director Order for purposes of §12-58.5-109(1)(a), C.R.S., and shallMer 31 2017 045264 HP Fax siroTeanse pee 6 have the same force and effect a8 an order entered after @ formal disciplinary hearing Purauant to §12-68 5-108, C.R.S. 18. Respondent acknowledges and agrees that any violation of this Order ‘shal consttue'a Violation ofa lawful Director Order and be grounds fr further reuant to the PIL Act and, if proven, may conettuts a basis for further disciplinary action. The pendency of any disciplinary action shall not affect th ‘obligation of Respondent to comply with the terms of this Order, and this Order shail remain operative and in full force and effect. 19.__ This Order constitutes the entire agreement between Respondent and the Director. There are no other promises expressed or implied. In the event that eny ‘provision of this Order is deemed unenforceable by 2 court of competent jurisdiction, ‘such provision shall be severed, and the remainder ofthis Order shall be given ful force and effect. 20, This Order shall become effective upon (a) maling by first-class mail to Respondent at Respondent's address of record with the Director, or (b) service by electronic means on Respondent at Respondent's electronic address of record with the Director. Respondent hereby consents to service by electronic mesns If Respondent ‘has an electronic address on fle with the Director. 24. The laws of the State of Colorado shall govem the validty and Interpretation ofthis Order. pirect22 Th! Onder shall be admissible as evidence at any hesring eld before the rector. 23, This Order shall be a public record in the custody of the Director. RESPONDENT FOR THE DIRECTOR OF THE DIVSION OF PROFESSIONS AND . OCCUPATIONS A eS PATRICK BAIRD MARK BROWNE LICENSE NO. P2282 Program Director (Office of Privale Investigator Licensure Dated: alaiaoy Effectve Dato: This_/” day of ‘ 4eal zor7.