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[Utah Code Table of Contents]
[TITLE 53. Table of Contents]
53-11-101 Title.
This chapter is known as the "Bail Bond Recovery Act."
1998
53-11-102 Definitions.
As used in this chapter:
(1) "Applicant" means a person who has submitted to the department a completed application and all required application and processing fees.
(2) "Bail bond agency" means a bail enforcement agent licensed under this chapter who operates a business to carry out the functions of a bail enforcement agent, and to conduct this business:
(a) employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or
(b) contracts with a bail recovery agent or bail recovery apprentice on a part-time or case-by-case basis.
(3) "Bail enforcement agent" means an individual licensed under this chapter as a bail enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both, as is appropriate, and who:
(a) is appointed by a bail bond surety; and
(b) receives or is promised monies or other things of value for this service.
(4) "Bail recovery agent" means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
(a) presenting a defendant for required court appearances;
(b) apprehending or surrendering a defendant to a court; or
(c) keeping the defendant under necessary surveillance.
(5) "Bail recovery apprentice" means any individual licensed under this chapter as a bail recovery apprentice, and who:
(a) has not met the requirements for licensure as a bail recovery agent or bail enforcement agent; and
(b) is employed by a bail enforcement agent, and works under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision.
(6) "Board" means the Bail Bond Recovery Licensure Board created under Section 53-11-104 .
(7) "Commissioner" means the commissioner of public safety as defined under Section 53-1-107 , or his designee.
(8) "Contract employee" or "independent contractor" means a person who works for an agency as an independent contractor.
(9) "Conviction" means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea, including a plea of no contest or nolo contendere, regardless of whether the imposition of sentence was suspended.
(10) "Department" means the Department of Public Safety.
(11) "Direct supervision" means a bail enforcement agent employing or contracting with a bail recovery apprentice, or a bail recovery agent employed by or contracting with that bail enforcement agent who:
(a) takes responsibility for and assigns the work a bail recovery apprentice may conduct; and
(b) closely supervises, within close physical proximity, and provides direction and guidance to the bail recovery apprentice regarding the assigned work.
(12) "Emergency action" means a summary suspension of a license issued under this chapter pending revocation, suspension, or probation, in order to protect the public health, safety, or welfare.
(13) "Identification card" means a card issued by the commissioner to an applicant qualified for licensure under this chapter.
(14) "Letter of concern" means an advisory letter to notify a licensee that while there is insufficient evidence to support probation, suspension, or revocation of a license, the department believes:
(a) the licensee should modify or eliminate certain practices; and
(b) continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the license.
(15) "Occupied structure" means any edifice, including residential and public buildings, vehicles, or any other structure that could reasonably be expected to house or shelter persons.
(16) "Supervision" means the employing bail enforcement agent is responsible for and authorizes the type and extent of work assigned to a bail recovery agent who is his employee or contract employee.
(17) "Unprofessional conduct" means:
(a) engaging or offering to engage by fraud or misrepresentation in any activities regulated by this chapter;
(b) aiding or abetting a person who is not licensed pursuant to this chapter in representing that person as a bail recovery agent in this state;
(c) gross negligence in the practice of a bail recovery agent;
(d) committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension, or revocation of a bail recovery license, and conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission; or
(e) making a fraudulent or untrue statement to the board,
department, its investigators, or staff.
1998
53-11-103 Commissioner of Public Safety administers - Licensure - Rulemaking.
(1) The commissioner administers this chapter, including keeping records of:
(a) all applications for licenses under this chapter; and
(b) proof of workers' compensation required to be filed.
(2) Records shall include statements as to whether a license or renewal license has been issued for each application and bond.
(3) If a license is revoked, suspended, or canceled, or a license is denied or placed on probation, the commissioner shall ensure the date of filing the order for revocation, suspension, cancellation, denial, or probation is included in the records.
(4) The commissioner shall maintain a list of all individuals, firms, partnerships, associations, or corporations that have had a license revoked, suspended, placed on probation, or canceled and a written record of complaints filed against licensees.
(5) (a) The commissioner may make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, as necessary to administer this chapter.
(b) These rules shall include a requirement that all providers offering instruction or continuing instruction required for licensure under this chapter shall offer the courses to all applicants at the same course fees, in order to be qualified by the board.
(6) All records referred to under this section are open
to the public under Title 63, Chapter 2, Government Records
Access and Management Act, except licensees' residential
addresses and telephone numbers.
1998
53-11-104 Board.
(1) (a) There is established under the Department of Public Safety a Bail Bond Recovery Licensure Board consisting of five members appointed by the commissioner.
(b) The commissioner may appoint, in accordance with this section, persons who are also serving in the same capacity on the Private Investigator Hearing and Licensure Board under Section 53-9-104 .
(2) Each member of the board shall be a citizen of the United States and a resident of this state at the time of appointment:
(a) one member shall be a person who is qualified for and is licensed under this chapter;
(b) one member shall be a an attorney licensed to practice in the state;
(c) one member shall be a chief of police or sheriff;
(d) one member shall be an owner of a bail bond surety company who is not a bail enforcement agent or a bail recovery agent; and
(e) one member shall be a public member who does not have:
(i) a financial interest in a bail bond surety or bail bond recovery business; and
(ii) an immediate family member or a household member, or a personal or professional acquaintance who is licensed or registered under this chapter.
(3) (a) As terms of current board members expire, the commissioner shall appoint each new member or reappointed member to a four-year term, except as required by Subsection (3)(b).
(b) The commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5) At its first meeting every year, the board shall elect a chair and vice chair from its membership.
(6) (a) (i) Members who are not government employees receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the board at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and expenses for their service.
(7) A member may not serve more than one term, except that a member appointed to fill a vacancy or appointed for an initial term of less than four years under Subsection (3) may be reappointed for one additional full term.
(8) The commissioner, after a board hearing and recommendation, may remove any member of the board for misconduct, incompetency, or neglect of duty.
(9) Members of the board are immune from suit with respect
to all acts done and actions taken in good faith in carrying
out the purposes of this chapter.
1998
53-11-105 Powers and duties of board.
(1) The board shall:
(a) review all applications for licensing and renewals of licenses under this chapter and approve or disapprove all applications;
(b) review all complaints and take disciplinary action; and
(c) establish standards for and approve providers of courses required for licensure under this section.
(2) The board may take and hear evidence, administer oaths and affirmations, and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents, and other information relating to:
(a) investigation of an applicant for licensure under this chapter; or
(b) a formal complaint against or department investigation
of a bail enforcement agent, bail recovery agent, or bail
recovery apprentice.
1998
53-11-106 Board meetings and hearings - Quorum.
(1) The board shall meet at the call of the chair, but not less often than once each quarter.
(2) A quorum consists of three members, but the quorum shall include one peace officer, one person licensed under this chapter and one public member.
(3) If a member has three or more unexcused absences within
a 12-month period, the commissioner shall determine if that
board member should be released from board duties.
1998
53-11-107 Licenses - Classifications - Prohibited acts.
(1) Licenses under this chapter are issued in the classifications of:
(a) bail enforcement agent;
(b) bail recovery agent; or
(c) bail recovery apprentice.
(2) A person may not:
(a) act or assume to act as, or represent himself to be, a licensee unless he is licensed under this chapter; or
(b) falsely represent that he is employed by a licensee.
(3) The commissioner shall issue licenses to applicants who qualify for them under this chapter.
(4) A license issued under this chapter is not transferable
or assignable.
1998
53-11-108 Licensure - Basic qualifications.
An applicant for licensure under this chapter shall meet the following qualifications:
(1) An applicant shall be:
(a) at least 21 years of age;
(b) a citizen or legal resident of the United States; and
(c) of good moral character.
(2) An applicant may not:
(a) have been convicted of:
(i) a felony;
(ii) any act involving illegally using, carrying, or possessing a dangerous weapon;
(iii) any act of personal violence or force on any person or convicted of threatening to commit any act of personal violence or force against another person;
(iv) any act constituting dishonesty or fraud;
(v) impersonating a peace officer; or
(vi) any act involving moral turpitude;
(b) be on probation, parole, community supervision, or named in an outstanding arrest warrant; or
(c) be employed as a peace officer.
(3) If previously or currently licensed in another state or jurisdiction, the applicant shall be in good standing within that state or jurisdiction.
(4) (a) The applicant shall also have completed a training program of not less than 16 hours that is approved by the board and includes:
(i) instruction on the duties and responsibilities of a licensee under this chapter, including:
(A) search, seizure, and arrest procedure;
(B) pursuit, arrest, detainment, and transportation of a bail bond suspect; and
(C) specific duties and responsibilities regarding entering an occupied structure to carry out functions under this chapter;
(ii) the laws and rules relating to the bail bond business;
(iii) the rights of the accused; and
(iv) ethics.
(b) The program may be completed after the licensure application is submitted, but shall be completed before a license may be issued under this chapter.
(5) If the applicant desires to carry a firearm as a licensee, the applicant shall:
(a) successfully complete a course regarding the specified types of weapons he plans to carry. The course shall:
(i) be not less than 16 hours;
(ii) be conducted by any national, state, or local firearms training organization approved by the Criminal Investigations and Technical Services Division created in Section 53-10-103 ; and
(iii) provide training regarding general familiarity with the types of firearms to be carried, including:
(A) the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and
(B) current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of deadly force, transportation, and concealment; and
(b) shall hold a valid license to carry a concealed weapon,
issued under Section
53-5-704
.
1999
53-11-109 Licensure - Bail enforcement agent.
(1) (a) In addition to the requirements in Sections 53-11-108 and 53-11-110 , an applicant for licensure as a bail enforcement agent shall have a minimum of 2,000 hours of experience consisting of either actual bail recovery work, or work as a law enforcement officer for a federal, state, or local governmental agency.
(b) The applicant shall substantiate the experience claimed under Subsection (1) as qualifying experience and shall provide:
(i) the exact details as to the character and nature of the experience on a form prescribed by the department; and
(ii) certification by the applicant's employers, which is subject to independent verification by the board.
(c) If an applicant is unable to supply written certification of experience from an employer in whole or in part, an applicant may offer written certification from persons other than an employer covering the same subject matter for consideration by the board.
(d) The burden of proving completion of the required experience is on the applicant.
(2) An applicant for license renewal shall have completed
not less than eight hours of continuing classroom instruction.
1998
53-11-110 Bail enforcement agent as agency - Bond - Workers' compensation.
(1) An applicant for licensure as a bail enforcement agent who will operate a bail bond recovery agency shall provide the following information as part of the application:
(a) the full name and business address of the applicant;
(b) two passport-size color photographs of the applicant;
(c) the name under which the applicant intends to conduct the business;
(d) a statement that the applicant intends to engage in the bail bond recovery business;
(e) a notarized statement of the applicant's qualifications as required by Sections 53-11-108 and 53-11-109 ;
(f) the fee required by Section 53-11-115 ;
(g) a certificate of workers' compensation insurance, if applicable; and
(h) proof of completion of a training program approved by the board.
(2) The license for a bail enforcement agent shall indicate
on its face if the holder is licensed to act as a bail bond
recovery agency.
1998
53-11-111 Licensure - Bail recovery agent - Requirements and limitations.
(1) (a) In addition to the requirements in Sections 53-11-108 and 53-11-113 , an applicant for licensure as a bail recovery agent shall meet all of the requirements under Section 53-11-109 , but instead of the experience requirement under Subsection 53-11-109 (1)(a), a bail recovery agent applicant shall have a minimum of 1,000 hours of experience consisting of either actual bail recovery work, or work as a law enforcement officer for a federal, state, or local governmental agency.
(b) The applicant shall substantiate the experience claimed under Subsection (1) as qualifying experience and shall provide:
(i) the exact details as to the character and nature of the experience on a form prescribed by the department; and
(ii) certification by the applicant's employers, which is subject to independent verification by the board.
(c) If an applicant is unable to supply written certification of experience from an employer in whole or in part, an applicant may offer written certification from persons other than an employer covering the same subject matter for consideration by the board.
(d) The burden of proving completion of the required experience is on the applicant.
(2) An applicant for license renewal shall have completed not less than eight hours of continuing classroom instruction.
(3) A bail recovery agent may work as a licensee under this chapter only as an employee of or as an independent contractor with a bail bond agency. A bail recovery agent may not:
(a) advertise his services;
(b) provide services as a licensee under this chapter directly for members of the public; or
(c) employ or hire as independent contractors bail enforcement
agents, bail recovery agents, or bail recovery apprentices.
1998
53-11-112 Licensure - Bail recovery apprentices - Requirements and limitations.
(1) In addition to the requirements in Sections 53-11-108 and 53-11-113 , an applicant for licensure as a bail recovery apprentice shall meet all of the requirements under Section 53-11-109 , except the applicant is not subject to the experience requirement under Subsection 53-11-109 (1)(a).
(2) A bail recovery apprentice may work as a licensee only:
(a) as an employee or contract employee of a bail bond agency; and
(b) under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision.
(3) A bail recovery apprentice may not:
(a) advertise his services;
(b) provide services as a licensee under this chapter directly for members of the public; or
(c) employ or hire as independent contractors bail enforcement
agents, bail recovery agents, or bail recovery apprentices.
1998
53-11-113 Bail recovery agent and bail recovery apprentice licensure - Liability insurance - Fee - Workers' compensation.
(1) An applicant for licensure as a bail recovery agent or as a bail recovery apprentice shall provide as part of the application:
(a) the full name and address of the applicant;
(b) two passport-size color photographs of the applicant;
(c) the name of the bail bond recovery agency for which the applicant will be an employee or with which the applicant will be an independent contractor;
(d) written indication by a bail bond recovery agency or its designee that it intends to employ or contract with the applicant; and
(e) a notarized statement of the applicant's experience and qualifications required under Section 53-11-111 or 53-11-112 , as appropriate.
(2) The licensure application or renewal shall be accompanied by the fee required under Section 53-11-115 .
(3) (a) A license or a license renewal for a bail recovery agent or a bail recovery apprentice may not be granted to an applicant unless the employing bail bond recovery agency has on file with the department evidence of current workers' compensation coverage.
(b) A bail recovery agent or bail recovery apprentice license may not be reinstated without providing verification of the reinstatement of the workers' compensation coverage and payment of the reinstatement fee required in Section 53-11-115 .
(c) The provisions of this Subsection (3) do not apply
to a bail recovery agent or bail recovery apprentice who
is working for a bail bond recovery agency as an independent
contractor.
1998
53-11-114 Licensure - Qualification credit for specified training.
(1) An applicant under this chapter may be exempt from meeting all or a portion of the experience or training requirements for licensure if the applicant:
(a) holds a criminal justice bachelor's degree from an accredited college or university;
(b) is certified to have successfully completed the state Peace Officers Standards and Training basic training course provided under Section 53-6-202 ; or
(c) provides adequate proof of having successfully completed a training course which the board finds is essentially similar to the training course under Subsection (1)(b).
(2) The board determines to what extent training listed
under this section may meet the experience or training requirements
for licensure under this chapter.
1998
53-11-115 License fees - Deposit in General Fund.
(1) Fees for licensure, registration, and renewal are:
(a) for an original bail enforcement agent license application and license, $250, which shall include the costs of fingerprint processing and background investigation;
(b) for the renewal of a bail enforcement agent or bail bond recovery agency license, $150;
(c) for an original bail recovery agent license application and license, $150, which shall include the costs of fingerprint processing and background investigation;
(d) for the renewal of each bail recovery agent license, $100;
(e) for an original bail recovery apprentice license application and license, $150, which shall include the costs of fingerprint processing and background investigation;
(f) for the renewal of each bail recovery apprentice license, $100;
(g) for filing a renewal application under Subsection (1)(b) more than 30 days after the expiration date of the license, a delinquency fee of $50;
(h) for filing a renewal application under Subsection (1)(d) more than 30 days after the expiration date of the registration, a delinquency fee of $30;
(i) for filing a renewal application under Subsection (1)(f) more than 30 days after the expiration date of the apprentice license, a delinquency fee of $30;
(j) for the reinstatement of a bail enforcement agent or bail bond recovery agency license, $50;
(k) for a duplicate identification card, $10; and
(l) for reinstatement of an identification card, $10.
(2) (a) The board may renew a license granted under this chapter upon receipt of an application on forms as prescribed by the board and upon receipt of the fees prescribed in Subsection (1).
(b) The renewal of a bail enforcement agent, bail recovery agent, or bail recovery apprentice license requires the filing of a liability insurance policy as described in Subsections 53-9-109 (2) and (3).
(c) A license may not be renewed more than 90 days after its expiration.
(d) A licensee may not engage in any activity subject to this chapter during any period between the date of expiration of the license and the renewal of the license.
(3) (a) The board may reinstate a suspended license upon completion of the term of suspension.
(b) Renewal of the license does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in any activity regulated by this chapter, or in any other activity or conduct in violation of the order or judgment by which the license was suspended.
(4) The board may not reinstate a revoked license or accept an application for a license from a person whose license has been revoked for at least one year after the date of revocation.
(5) All fees collected by the department under this section
shall be deposited in the General Fund.
1998
53-11-116 Issuance of license and card to applicant - License period - Expiration of application - Transfer of license prohibited.
(1) (a) The board shall issue a license to an applicant who complies with the provisions of this chapter.
(b) Each license shall:
(i) contain the name and address of the licensee, the classification of license, and the number of the license; and
(ii) be issued for a period of two years.
(2) (a) When the board issues the license, it shall also issue an identification card the design of which shall be approved by the commissioner in accordance with Section 53-11-116.5 .
(b) The identification card shall be issued without charge to the licensee if an individual, or if the licensee is an agency, to each of its licensed employees and contract employees, and is evidence the licensee and his employees and contract employees are licensed under this chapter.
(3) (a) If an identification card issued to a person states on it any bail bond agencies for which the cardholder works, that person shall return the card to the employer upon termination of his work relationship with the bail bond agency licensee.
(b) Within five days the licensee shall mail or deliver the card to the commissioner for cancellation.
(4) (a) When the commissioner notifies an applicant that licensure as a bail bond recovery agency is ready for issuance, the applicant shall complete the application process within 90 days.
(b) Failure to complete the process results in cancellation of the application and forfeiture of all fees paid to that point.
(c) Subsequent application by the same applicant requires the payment of all application and license fees prescribed in Section 53-11-115 .
(5) A bail bond agency licensee shall notify the commissioner of any change in the name or address of his business and of any change of employees or contract employees within 30 days after the change.
(6) (a) All new employees and contract employees of an agency who are licensed under this chapter shall submit applications on forms prescribed by the board.
(b) Upon board approval, identification cards shall be
issued without charge.
1999
53-11-116.5 Identification cards.
(1) A person licensed under this chapter as a bail enforcement agent or a bail recovery agent shall carry an identification card issued under this section.
(2) (a) Bail bond agencies may submit designs for an identification card that shall be used for identification purposes by bail enforcement agents and bail recovery agents licensed under this chapter.
(b) The commissioner shall establish a procedure for the submitting of identification card designs and shall select one design to be used for all identification cards issued under this section.
(c) The identification card design:
(i) may not resemble any identification card currently in use by a law enforcement agency within the state; and
(ii) shall include:
(A) the licensee's classification of licensure;
(B) the license number; and
(C) a current photo of the licensee.
(d) The department of public safety shall issue identification
cards, upon notification by the board that a license has
been issued.
1999
53-11-117 Workers' compensation requirements for employees' licensure.
(1) An applicant for licensure under this section who is employed by a bail bond recovery agency may not obtain or renew a license unless the employer has on file with the department evidence of current workers' compensation coverage.
(2) The applicant's license may only be reinstated upon verification by the department of the reinstatement of the workers' compensation coverage and payment of the reinstatement fee required under Section 53-11-115 .
(3) This section does not apply to contract employees.
1998
53-11-118 Grounds for denial of license - Appeal.
(1) The board may deny a license application or a license renewal if the applicant has:
(a) committed an act that, if committed by a licensee, would be grounds for probation, suspension, or revocation of a license under this chapter;
(b) employed as a bail recovery agent or bail recovery apprentice employee or contract employee a person who has been refused a license under this chapter or who has had a license revoked in any state;
(c) committed, or aided and abetted the commission of, any act for which a license is required by this chapter, while not licensed under this chapter; or
(d) knowingly made a material misstatement in connection with an application for a license or renewal of a license under this chapter.
(2) The issuance of an identification card shall be denied to an applicant if the applicant fails to meet the required licensure qualifications.
(3) (a) The denial of the issuance of a license under this chapter shall be in writing and describe the basis for the denial.
(b) The board's denial shall inform the applicant in writing that if the applicant desires a hearing to contest the denial, he shall submit a request in writing to the commissioner within 30 days after the issuance of the denial.
(c) The hearing shall be scheduled not later than 60 days after receipt of the request.
(4) The commissioner shall hear the appeal, and may:
(a) return the case to the board for reconsideration;
(b) modify the board's decision; or
(c) reverse the board's decision.
(5) Decisions of the commissioner are subject to judicial
review pursuant to Section
63-46b-15
.
1998
53-11-119 Grounds for disciplinary action.
(1) The board may take disciplinary action under Subsection (2), (4), or (5) regarding a license granted under this chapter if the board finds the licensee commits any of the following while engaged in activities regulated under this chapter:
(a) fraud or willful misrepresentation in applying for an original license or renewal of an existing license;
(b) using any letterhead, advertising, or other printed matter in any manner representing that he is an instrumentality of the federal government, a state, or any political subdivision of a state;
(c) using a name different from that under which he is currently licensed for any advertising, solicitation, or contract to secure business unless the name is an authorized fictitious name;
(d) impersonating, permitting, or aiding and abetting an employee to impersonate a law enforcement officer or employee of the United States, any state, or a political subdivision of a state;
(e) knowingly violating, advising, encouraging, or assisting in the violation of any statute, court order, or injunction in the course of conducting an agency regulated under this chapter;
(f) falsifying fingerprints or photographs while operating under this chapter;
(g) has a conviction for:
(i) a felony;
(ii) any act involving illegally using, carrying, or possessing a dangerous weapon;
(iii) any act involving moral turpitude;
(iv) any act of personal violence or force against any person or conviction of threatening to commit any act of personal violence or force against any person;
(v) any act constituting dishonesty or fraud;
(vi) impersonating a peace officer; or
(vii) any act of illegally obtaining or disseminating private, controlled, or protected records under Section 63-2-801 ;
(h) soliciting business for an attorney in return for compensation;
(i) being placed on probation, parole, compensatory service, or named in an outstanding arrest warrant;
(j) committing, or permitting any employee or contract employee to commit any act during the period between the expiration of a license for failure to renew within the time fixed by this chapter, and the reinstatement of the license, that would be cause for the suspension or revocation of the license or grounds for denial of the application for the license;
(k) willfully neglecting to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties, but if the investigator chooses to withdraw from the case and returns the funds for work not yet done, no violation of this section exists;
(l) failing or refusing to cooperate with, failing to provide truthful information to, or refusing access to an authorized representative of the department engaged in an official investigation;
(m) employing or contracting with any unlicensed or improperly licensed person or agency to conduct activities regulated under this chapter if the licensure status was known or could have been ascertained by reasonable inquiry;
(n) permitting, authorizing, aiding, or in any way assisting a licensed employee to conduct services as described in this chapter on an independent contractor basis and not under the authority of the licensed agency;
(o) failure to maintain in full force and effect workers' compensation insurance, if applicable;
(p) advertising in a false, deceptive, or misleading manner;
(q) refusing to display the identification card issued by the department to any person having reasonable cause to verify the validity of the license;
(r) committing any act of unprofessional conduct; or
(s) engaging in any other conduct prohibited by this chapter.
(2) On completion of an investigation, the board may:
(a) dismiss the case;
(b) take emergency action;
(c) issue a letter of concern, if applicable;
(d) impose a civil penalty not to exceed $500;
(e) place all records, evidence, findings, and conclusions and any other information pertinent to the investigation in the confidential and protected records section of the file maintained at the department; or
(f) if the board finds, based on the investigation, that a violation of Subsection (1) has occurred, notice shall be sent to the licensee of the results of the hearing by mailing a true copy to the licensee's last-known address in the department's files by certified mail, return receipt requested.
(3) A letter of concern shall be retained by the commissioner and may be used in future disciplinary actions against a licensee.
(4) (a) If the board finds, based on its investigation under Subsection (1), that the public health, safety, or welfare requires emergency action, the board may order a summary suspension of a license pending proceedings for revocation or other action.
(b) If the board issues an order of summary suspension, the board shall issue to the licensee a written notice of complaint and formal hearing, setting forth the charges made against the licensee and his right to a formal hearing before the board within 60 days.
(5) Based on information the board receives during a hearing it may:
(a) (i) dismiss the complaint if the board believes it is without merit;
(ii) fix a period and terms of probation best adapted to educate the licensee;
(iii) place the license on suspension for a period of not more than 12 months; or
(iv) revoke the license; and
(b) impose a civil penalty not to exceed $500.
(6) (a) On a finding by the board that a bail recovery agency licensee committed a violation of Subsection (1), the probation, suspension, or revocation terminates the employment of all licensees employed or employed by contract by the bail bond agency.
(b) If a licensee who is an employee or contract employee of a bail bond agency committed a violation of Subsection (1), the probation, suspension, or revocation applies only to the license held by that individual under this chapter.
(7) (a) Appeal of the board's decision shall be made in writing to the commissioner within 30 days after the date of issuance of the board's decision.
(b) The hearing shall be scheduled not later than 60 days after receipt of the request.
(c) The commissioner shall review the finding by the board and may affirm, return to the board for reconsideration, reverse, adopt, modify, supplement, amend, or reject the recommendation of the board.
(8) A person may appeal the commissioner's decision to the district court pursuant to Section 63-46b-15 .
(9) All penalties collected under this section shall be
deposited in the General Fund.
1999
53-11-120 Requirement to identify employing agency.
Upon request, a licensee shall immediately identify the
name, business address, and telephone number of the bail
bond agency for which the licensee is an employee or an independent
contractor.
1998
53-11-121 False representation as a licensee.
A licensee under this chapter may not wear a uniform,
use a title, insignia, badge, or identification card other
than the one issued under this chapter, or make any statement
that would lead a reasonable person to believe the licensee
is connected in any way with the federal government or any
state or local governmental entity, unless the licensee has
received authorization in writing by one of those governmental
authorities to do so.
1998
53-11-122 Requirements during search and seizure - Notification of law enforcement agency.
A bail enforcement agent, bail recovery agent, or bail recovery apprentice shall observe the following requirements before taking action authorized under this chapter:
(1) identify himself as a "bail enforcement agent," "bail recovery agent," or "bail recovery apprentice"; and
(2) comply with the notification requirements of Section
53-11-123
.
1998
53-11-123 Notification of local law enforcement.
(1) (a) A bail enforcement agent or bail recovery agent who is searching for or planning to apprehend a person shall notify the local law enforcement agency if the search or apprehension will be conducted in an occupied structure within that law enforcement agency's jurisdiction.
(b) When possible, notification shall be provided before taking action, but always within 24 hours of taking action.
(c) When a bail enforcement agent or bail recovery agent is preparing to enter an occupied structure to carry out an arrest, he shall verbally advise the local law enforcement agency of his location and intended action prior to acting.
(2) A bail enforcement agent, bail recovery agent, and
bail recovery apprentice shall each carry with him a written
document providing proof and cause for the actions he is
taking as a licensee, and shall make the document available
to local law enforcement agencies upon request.
1999
53-11-124 Penalties.
Any violation of this chapter is a class A misdemeanor,
unless the circumstances of the violation amount to an offense
subject to a greater criminal penalty under Title 76, Utah
Criminal Code.
1998
