Public Safety, Criminal Investigations and Technical Services, Criminal Identification

Rule R722-310

Regulation of Bail Bond Recovery and Enforcement Agents

Notice of Proposed Rule

(Amendment)

DAR File No.: 33966
Filed: 08/17/2010 05:39:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes are: 1) to address statutory change for identification of licensees, H.B. 426, 2010 General Session; 2) to clarify definitions of certain terms for disqualifiers; 3) to clarify the procedures for application for initial licensure and renewal, training program requirements, verification of experience, credit for specified training, and continuing classroom instruction; and 4) to set criteria for certified Bail Enforcement Firearms Instructors and process for adjudicative proceedings. (DAR NOTE: H.B. 426 (2010) is found at Chapter 348, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

Response to the statutory change and clarification of certain aspects of the licensing process.

State statutory or constitutional authorization for this rule:

• Title 53, Chapter 11

Anticipated cost or savings to:

the state budget:

No aggregate anticipated cost or savings to the state budget. This proposed rule addresses the actual process of applying for a Bail Recovery Bond Recovery and Enforcement initial and renewal licenses, training programs, and the process for adjudicative proceedings thus, no aggregate cost or savings to the state budget is anticipated. Clarification of certain disqualifiers, training program requirements, verification of experience, credit for specified training, and continuing classroom instruction does not add an aggregate anticipated cost or savings to the state budget.

local governments:

No aggregate anticipated cost or savings to local government. This proposed rule addresses the actual process of applying for a Bail Recovery Bond Recovery and Enforcement initial and renewal licenses, training programs, and the process for adjudicative proceedings thus, no aggregate cost or savings to local government is anticipated. Clarification of certain disqualifiers, training program requirements, verification of experience, credit for specified training, and continuing classroom instruction does not add an aggregate anticipated cost or savings to local government.

small businesses:

No aggregate anticipated cost or savings to small business. This proposed rule addresses the actual process of applying for a Bail Recovery Bond Recovery and Enforcement initial and renewal licenses, training programs, and the process for adjudicative proceedings thus, no aggregate cost or savings to small businesses is anticipated. Clarification of certain disqualifiers, training program requirements, verification of experience, credit for specified training, and continuing classroom instruction does not add an aggregate anticipated cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

No aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. This proposed rule addresses the actual process of applying for a Bail Recovery Bond Recovery and Enforcement initial and renewal licenses, training programs, and the process for adjudicative proceedings thus, no aggregate cost or savings to persons other than small businesses, businesses, or local government entities is anticipated. Clarification of certain disqualifiers, training program requirements, verification of experience, credit for specified training, and continuing classroom instruction does not add an aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

No compliance costs. As this rule addresses the application for licensing, certain adjudicative proceedings, and clarifications for certain other issues related to the Regulation of Bail Bond Recovery and Enforcement Agents there are no anticipated compliance costs for any of the persons addressed above.

Comments by the department head on the fiscal impact the rule may have on businesses:

This should not have any particular effect on business since it is only implementing procedures for the issuance of a license pursuant to the statutory requirements.

Lance Davenport, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Criminal Investigations and Technical Services, Criminal Identification
3888 W 5400 S
TAYLORSVILLE, UT 84118

Direct questions regarding this rule to:

• Alice Moffat at the above address, by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2010

This rule may become effective on:

10/22/2010

Authorized by:

Alice Moffat, Bureau Chief

R722. Public Safety, Criminal Investigations and Technical Services, Criminal Identification.

R722-310. Regulation of Bail Bond Recovery and Enforcement Agents.

R722-310-1. Authority.

This rule is authorized by Subsection 53-11-103(5).

 

R722-310-2. Definitions.

(1) Terms used in this rule are defined in Section 53-11-102.

(2) In addition:

[(a) "Bureau" means the Bureau of Criminal Identification with the Utah Department of Public Safety.

(b) "Moral turpitude" as used in Subsection 53-11-108(2)(a)(vi), means a conviction of any offense involving:

(i) theft;

(ii) fraud;

(iii) tax evasion;

(iv) issuing bad checks;

(v) interference with police;

(vi) fleeing, resisting, or failing to obey police;

(vii) obstruction of justice;

(viii) bribery;

(ix) perjury;

(x) extortion;

(xi) arson;

(xii) criminal mischief;

(xiii) wildlife violations "involving a weapon";

(xiv) falsifying government records;

(xv) receiving stolen property;

(xvi) firearms violations;

(xvii) vandalism;

(xviii) crimes involving unlawful sexual conduct; and

(xix) violating the pornographic and harmful materials and performances act.

(xx) In addition, a crime of "moral turpitude" means a conviction of an offense involving:

(A) the use of alcohol,

(B) the unlawful use of narcotics or other controlled substances; or

(C) any offense involving dishonesty or misrepresentation.

(c) "Peace officer" as used in Subsection 53-11-108(2)(c), means anyone who is employed either full time or part time by the federal, state or local government in one of the officer classifications listed in Subsection 53-13-102.](a) "act involving moral turpitude" means conduct which:

(i) is done knowingly contrary to justice, honesty, or good morals;

(ii) has an element of falsification or fraud; or

(iii) contains an element of harm or injury directed to another person or another's property;

(b) "bureau" means the Bureau of Criminal Identification within the Department of Public Safety established by Section 53-10-201; and

(c) "felony" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States for which the penalty is a term of imprisonment in excess of one year;

(d) "licensee" means an individual who has received a bail enforcement agent license, bail bond recovery agency license, bail recovery agent license or bail recovery apprentice license;

(e) "revocation" means the permanent deprivation of a bail bond recovery license. Revocation of a bail bond recovery license does not preclude an individual from applying for a new bail bond recovery license if the reason for revocation no longer exists; and

(f) "suspension" means the temporary deprivation, for a specified period of time, of a bail bond recovery license.

 

R722-310-3. Purpose.

[(1) The purpose of this rule is to regulate:

(a) bail bond recovery and enforcement agents;

(b) as provided by Title 53, Chapter 11, the "Bail Bond Recovery Act."]The purpose of the rule is to establish procedures for the licensing of bail enforcement agents, bail bond recovery agencies, bail recovery agents, and bail recovery apprentices.

 

R722-310-4. [Application.]Application for Licensure.

[(1) In addition to the requirements set forth in Sections 53-11-109 and 53-11-113, all applicants seeking licensure under this chapter shall provide two completed sets of fingerprint cards for the purpose of fingerprint processing as provided in Section 53-11-115.

(2) An applicant seeking initial licensure that also wishes to carry a firearm shall satisfy the requirements of Title 53 Chapter 5, the "Concealed Weapon Act" plus complete the 16 hour weapons course required by Subsection 53-11-108(5).

(3) An applicant for an upgrade in licensure that also wishes to carry a firearm shall satisfy the requirements of Title 53 Chapter 5, the "Concealed Weapon Act."

(a) In addition, an applicant for an upgrade wishing to carry a firearm shall satisfy an eight hour firearm proficiency test which shall include an actual shooting component. This firearm proficiency test shall be adapted from a firearm course under the supervision of the Bureau.

(b) A list of certified instructors shall be made available on the Bureau's web page.

(c) The firearm proficiency test and shooting component shall also be required upon each renewal.](1)(a) An applicant seeking to obtain a license as a bail bond agency, bail enforcement agent, bail recovery agent, or a bail recovery apprentice must submit a completed application packet to the bureau.

(b) The application packet shall include:

(i) a written application form provided by the bureau which shall include the applicant's residential address;

(ii) one recent color photograph of passport quality which contains the applicant's name written on the back of the photograph

(iii) a photocopy of a state-issued driver license or identification card ;

(iv) one completed FBI applicant fingerprint card (Form FD-258) with the applicant's legible fingerprints;

(v) a non-refundable processing fee in the form of cash, check, money order, or credit card in the amount required by Section 53-11-115; and

(vi) documentation from an approved provider indicating that the applicant has completed the sixteen hour training program, described in Section 53-11-108(4).

(2) If the applicant is applying for license as a bail enforcement agent, the applicant must also provide documentation indicating that the applicant has 2,000 hours of experience related to bail bond recovery and enforcement.

(3) If an applicant for license as a bail enforcement agent wishes to operate a bail bond recovery agency, the applicant must also provide:

(i) the name and business address for the bail bond recovery agency; and

(ii) a certificate of workers' compensation insurance, if applicable.

(4) If the applicant is applying for license as a bail recovery agent, the applicant must also provide:

(i) documentation indicating that the applicant has 1,000 hours of experience related to bail bond recovery and enforcement.

(ii) verification from a bail bond recovery agency indicating that the agency will employ or contract with the applicant.

(5) If the applicant is applying for license as a bail recovery apprentice, the applicant must also provide:

(i) verification from a bail bond recovery agency indicating that the agency will employ or contract with the applicant.

(6) If the applicant is seeking to carry a firearm as a licensee, the applicant must comply with all of the requirements found in R722-300 and must provide documentation from an approved bail enforcement firearms instructor indicating that the applicant has completed the sixteen hour firearms training course required in Section 53-11-108(5).

(7)(a) Once the application packet is complete, the bureau shall submit it to the board for their review at the next regularly scheduled meeting.

(b) Application packets that are received or completed less than 7 days prior to a scheduled board meeting will not be considered by the board until the next regularly scheduled board meeting.

 

R722-310-5. [Licensure.]Training Program Requirements.

[(1) In addition to the provisions set forth in Subsection 53-11-116(1)(b)(i), each license and identification card shall have on its face a designation as to whether or not the licensee is authorized to carry a loaded and concealed firearm as provided in Subsection 53-11-108(5).

(2) Providers offering instruction or continuing instruction required for licensure shall offer the courses to all applicants at the same course fees.](1) The sixteen hour training program described in Section 53-11-108(4), which is required for licensure, must be provided by a training program provider approved by the board.

(2) Training program providers seeking to become approved by the board must provide a detailed course curriculum for the board's review.

(3)(a) Training programs which are approved by the board must be open to anyone who wishes to attend.

(b) If a training provider charges a fee for the training program, the same fee must apply to all participants in the training program.

(4) Training program providers must notify the bureau, at least five days in advance, of the dates, times, and location of all courses provided.

(5)(a) Bureau investigators shall periodically monitor approved training programs to insure that the training program is providing instruction as required by Section 53-11-108(4).

(b) The training program may not charge the investigator a fee for monitoring the program.

(6) If the board receives information that a training program is not providing instruction as required by Section 53-11-108(4), the board shall terminate its approval of the training program after notice and an opportunity for a hearing before the board.

 

[ R722-310-5a. Presumed Lengths of Time of Licensure Denial.

(1) The following time lengths are presumed, but non-binding, waiting periods for an applicant whose license is denied:

(a) 3 years for class B misdemeanor violations;

(b) 5 years for class A misdemeanor violations;

(c) 3 years for misdemeanor DUI and alcohol related reckless driving violations; and

(d) felony violations shall require a waiting period until the conviction is expunged, if possible.

 

] R722-310-6. [ Minimum Experience Requirements. ] Verification of Experience.

[(1) In addition to the requirements set forth in Subsections 53-11-109(1)(b)(i) and (ii), an applicant claiming previous experience as either a bail recovery agent or law enforcement officer shall substantiate the experience as qualifying experience.

(2) The applicant may do so by showing that the experience claimed has been acquired within ten years immediately preceding application.](1) When verifying the experience necessary for licensure as a bail enforcement agent or a bail recovery agent, the applicant must provide a written statement which lists, in detail, the number of hours and the type of bail bond recovery work performed by the applicant.

(2) The verification of experience must be signed and notarized by the applicant's employer or by an individual who has personal knowledge of the bail bond recovery work performed.

(3) The bail bond recovery work must have been performed within ten years from the date of the application.

 

R722-310-7. [ Qualification ]Credit for Specified Training.

[(1) An applicant receiving qualification credit under Section 53-11-114, is still required to attend the 16 hour training course referred to in Section 53-11-108.

(2) An applicant who holds a criminal justice bachelor's degree or who is certified to have successfully completed the state Peace Officers Standards and Training basic training course referred to in Section 53-6-202, shall be exempt from meeting the 1000 hours of experience requirements.

(3) Not more than 1000 hours shall be exempt for any specified training.

(4) If any license expires under Rule R722-310 for 90 days or more, the applicant shall reapply and the 16 hours of training shall be retaken.](1) An applicant who wishes to receive credit towards the experience requirement for licensure, must provide documentation indicating that the applicant has a criminal justice bachelor's degree or has successfully completed a basic training course described in Section 53-11-114(1)(b) or (c).

(2) An applicant may receive up to 1000 hours of credit towards the experience requirement for licensure under Section 53-11-114.

(3) An applicant seeking credit under Section 53-11-114, is not exempt from completing the sixteen hour training course required by Section 53-11-108(4).

 

R722-310-8. Renewal of a License.

(1)(a) A licensee seeking to renew a license as a bail bond agency, bail enforcement agent, bail recovery agent, or a bail recovery apprentice must submit a completed renewal packet to the bureau.

(b) The renewal packet shall include:

(i) a written renewal form provided by the bureau which shall include the applicant's address;

(ii) one recent color photograph of passport quality which contains the applicant's name written on the back of the photograph;

(iii) a non-refundable processing fee in the form of cash, check, money order, or credit card in the amount required by Section 53-11-115;

(iv) evidence that the applicant has completed eight hours of continuing classroom instruction required by Subsection 53-11-111(2); and

(v) evidence that the applicant has a liability insurance policy described in Subsection 53-9-109(2).

(2)(a) Once the renewal packet is complete, the bureau shall submit it to the board for their review at the next regularly scheduled meeting.

(b) Renewal packets that are received or completed less than 7 days prior to a scheduled board meeting will not be considered by the board until the next regularly scheduled board meeting.

(3) A licensee whose license has been expired for more than ninety days, must reapply and meet all requirements found in R722-310-4.

 

[ R722-310-7a. Required Continuing Training for Licensure Renewal or Upgrade. ] R722-310-9. Requirements for Continuing Classroom Instruction.

[(1) An applicant seeking renewal or upgrade of each license in this section shall complete not less than eight hours of continuing classroom instruction as required by Subsection 53-11-111(2).

(2) Four of these required eight hours of continuing classroom instruction shall be provided by the Bureau.

(3) This four hour course shall be required every two years during the renewal process for each license level.

(a) The course shall provide updates on Utah law, administrative changes, and other pertinent information in order to enhance knowledge of bail recovery.

(b) The remaining four hours of continuing classroom instruction required under Subsection 53-11-111(2) is left to the discretion of the license renewal applicant.](1)(a) Four of the eight hours of continuing classroom instruction required by Subsection 53-11-111(2) shall be provided by the bureau.

(b) The course provided by the bureau shall provide updates on Utah law, administrative changes, and other pertinent information designed to enhance the licensee's knowledge of bail recovery.

(2) The remaining four hours of continuing classroom instruction required under Subsection 53-11-111(2) are left to the discretion of the licensee.

 

R722-310-10. Criteria for Certified Bail Enforcement Firearms Instructor.

(1) The sixteen hour firearms training program described in Section 53-11-108(5), must be provided by a bail enforcement firearms instructor approved by the bureau.

(2) In order to become an approved bail enforcement firearms instructor, the instructor must be a certified Utah concealed firearm permit instructor under Section 53-5-704(8) and must be in good standing with the bureau.

(3)(a) Each approved bail enforcement firearms instructor must adhere to the curriculum adopted by the bureau.

(b) An instructor may supplement, but may not detract from the set curriculum.

 

[ R722-310-8. ] R722-310-11. Notice to Commissioner.

[Required notice to the commissioner under Subsection 53-11-116(5) when there is a change in the name or address of a bail bond agency and any change of employees or contract employees shall be in writing and signed by the licensee.]A bail bond recovery agency may provide notice of a change in the name or address of a bail bond agency or any change of employees or contract employees to the commissioner as required by Subsection 53-11-116(5) by sending a written notice to the bureau that is signed by the licensee.

 

[ R722-310-9. Appeal on Denial of License. ] R722-310-12. Adjudicative Proceedings.

[(1) All adjudicative proceedings provided for herein shall be informal in accordance with Section 63G-4-203 and as allowed by Section 63G-4-202.

(2) The board may deny a license application or renewal for failure to comply with the requirements in Sections 53-11-108 through 53-11-115, or for any of the reasons set forth in Section 53-11-118.

(3) The board shall review and make an initial determination on all license applications. An applicant denied licensure by the board shall be given opportunity to appeal the board's initial determination to the board for a hearing.

(4) The board shall issue a written decision to the applicant within ten days following the hearing.

(5) When the board denies the license following a hearing, the board's issued decision shall advise the applicant that the applicant may appeal to the commissioner within 30 days after the decision is issued.

(6) An appeal to the commissioner shall not result in a de novo hearing before the commissioner. It shall result in the department's administrative law judge reviewing the record as the commissioner's designee. The administrative law judge may request oral argument by the parties.

(7) In addition to the options in Subsection 53-11-118(4), the administrative law judge may affirm the board's decision.

(8) The administrative law judge shall issue a decision within 60 days after receipt of the appeal.](1) All adjudicative proceedings shall be informal according to the provisions in Sections 63G-4-202 through 63G-4-203.

(2)(a) The board shall review and make an initial determination on all license applications and renewals.

(b) The board may deny a license application or renewal for failure to comply with the requirements in Sections 53-11-108 through 53-11-115, or for any of the reasons set forth in Section 53-11-118.

(3) The board shall review all investigations presented by the bureau and may take disciplinary action against a licensee based on a violation of Section 53-11-119.

(4)(a) The board shall issue a written decision within ten days after the board meets to decide the matter.

(b) The board's written decision shall indicate that the applicant or licensee may appeal to the commissioner within thirty days from the date that the written decision is issued.

(5)(a) If an applicant or licensee appeals the board's decision, the commissioner, or his designee, shall review the materials in the bureau's file, the findings of the board along with any materials submitted by the applicant or licensee and may affirm, adopt, modify, supplement, reverse, or reject the board's findings or return the matter to the board for reconsideration.

(b) If the applicant or licensee requests a hearing, the commissioner, or his designee, shall schedule a hearing within sixty days from the receipt of the request for review.

 

R722-310-13. Identification of Licensees.

(1)(a) A licensee shall be issued an identification card by the bureau which identifies whether the licensee as a bail enforcement agent, bail bond recovery agency, bail recovery agent or bail recovery apprentice.

(b) The identification card shall indicate on its face if the licensee is authorized to carry a loaded and concealed firearm as provided in Subsection 53-11-108(5).

(2)(a) A bail enforcement agent or bail recovery agent may wear a badge that is identical to the badge depicted on the bureau's website in accordance Section 53-11-121.

(b) A bail enforcement agent or bail recovery agent may obtain a badge from any source, so long as it complies with the following specifications:

(i) the badge must be 2.55 inches high and 2.66 inches wide;

(ii) the badge must be in the shape of a five point star on a circle;

(iii) the star must be gold in color and the circle must be silver in color;

(iv) the center of the star must be black in color and contain a seal with the phrase "Liberty & Justice For All";

(v) the text of the badge must be written in block lettering and must be black;

(vi) the silver circle must contain two panels with writing to indicate whether the agent is a bail enforcement or bail recovery agent; and

(vii) the badge must contain two gold panels with writing to indicate the word "Utah" on the top panel and the agent's license number on the bottom panel.

(3)(a) A bail enforcement agent or bail recovery agent may only display the badge described in this rule if the agent is wearing an item of clothing that identifies whether the agent is a bail enforcement agent or bail recovery agent.

(b) The item of clothing must contain the words "bail enforcement agent" or "bail recovery agent" written on both the chest and back and must meet the following requirements:

(i) the writing on the back must be at least two inches in height;

(ii) the writing on the chest must be at least one half of an inch in height; and

(iii) the writing must be in a color that contrasts with the color of the item of clothing.

 

KEY: bail bond enforcement agent, bail bond recovery agent, license

Date of Enactment or Last Substantive Amendment: [January 1, 2009]2010

Notice of Continuation: May 12, 2010

Authorizing, and Implemented or Interpreted Law: 53-11-103(5)