DAR File No. 37605

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.: 37605
Filed: 05/08/2013 07:09:36 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to address statutory changes made in H.B. 386, 2013 General Session, that allow BCI to issue renewals when no disqualifying information is found, to allow use of photos contained in the BCI database for subsequent applications if the applicant submitted a photo which met requirements within the previous three years, and to address formatting and grammatical changes.

Summary of the rule or change:

This amendment addresses statutory changes that allow BCI to issue renewals when no disqualifying information is found, adds new language to allow use of photos contained in the BCI database for subsequent applications, if the applicant submitted an acceptable photo within the previous three years, and addresses formatting and grammatical changes.

State statutory or constitutional authorization for this rule:

• Title 53, Chapter 11

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to the state budget. This proposed amendment addresses the allowance for BCI to issue renewals when no disqualifying information is found. BCI is already processing these applications, but must submit them to the board for approval. The same process is followed with the exception of issuing the renewal as soon as BCI determines that the applicant is not disqualified.

local governments:

There is no aggregate anticipated cost or savings to local government. This proposed amendment is procedural in nature, and specific to BCI.

small businesses:

There is no aggregate anticipated cost or savings to small businesses. This proposed amendment is procedural in nature, and specific to BCI.

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

There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. This proposed amendment is procedural in nature, and specific to BCI.

Compliance costs for affected persons:

There are no compliance costs for affected persons because this proposed amendment is procedural in nature, and specific to BCI.

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

This proposed amendment in not anticipated to have a fiscal impact on business because the changes are procedural in nature, and specific to BCI.

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 aerickso@utah.gov

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:

07/01/2013

This rule may become effective on:

07/08/2013

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. Purpose.

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-[1]2. Authority.

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

 

R722-310-[2]3. Definitions.

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

(2) In addition:

(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], however revocation 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.

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 for Licensure.

(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]shall 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]with the applicant's residential or physical address and mailing or business address;

(ii) one recent color photograph of passport quality which contains the applicant's name written on the back of the photograph , unless the applicant submitted a photo which meets these requirements to the bureau within the previous three years;

(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] 16-hour training program, described in [Section]Subsection 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]shall also provide:

([i]a) the name [and business address for]under which the bail bond recovery agency will operate; and

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

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

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

([ii]b) 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]shall 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]shall 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] 16-hour firearms training course required in [Section]Subsection 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]seven days prior to a scheduled board meeting [will]may not be considered by the board until the next regularly scheduled board meeting.

 

R722-310-5. Training Program Requirements.

(1) The [sixteen] 16-hour training program described in [Section]Subsection 53-11-108(4), which is required for licensure, [must]shall be provided by a training program provider approved by the board.

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

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

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

(4) Training program providers [must]shall 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]ensure that the training program is providing instruction as required by [Section]Subsection 53-11-108(4).

(b) The training program may not charge [the]an 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]Subsection 53-11-108(4), the board [shall]may terminate its approval of the training program after notice and an opportunity for a hearing before the board.

 

R722-310-6. Verification of Experience.

(1) When verifying the experience necessary for licensure as a bail enforcement agent or a bail recovery agent, [the]an applicant [must]shall 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]shall 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]shall have been performed within ten years from the date of the application.

 

R722-310-7. Credit for Specified Training.

(1) An applicant who wishes to receive credit towards the experience requirement for licensure, [must]shall provide documentation indicating that the applicant has a criminal justice bachelor's degree or has successfully completed a basic training course described in [Section]Subsections 53-11-114(1)(b) or 53-11-114(1)(c).

(2) An applicant may receive up to 1 ,000 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] 16-hour training course required by [Section]Subsection 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]shall 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]with the [applicant's]licensee's residential or physical address and mailing or business address;

(ii) one recent color photograph of passport quality which contains the [applicant's]licensee's name written on the back of the photograph, unless the licensee submitted a photo which meets these requirements to the bureau within the previous three years;

(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]licensee has completed eight hours of continuing classroom instruction required by Subsection 53-11-111(2); and

(v) evidence that the [applicant]licensee has a $10,000 surety bond which meets the requirements described in Subsection 53-9-110(3).

(2)(a) Once the renewal packet is complete, the bureau shall review it to determine if the licensee meets the requirements for renewal.

(b) If the bureau determines the licensee does not meet the requirements for renewal, the bureau shall submit [it]the renewal packet to the board for their review at the next regularly scheduled meeting.

([b]c) Renewal packets that are received or completed less than [7]seven days prior to a scheduled board meeting [will]may 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]90 days, [must]shall reapply and meet all requirements found in R722-310-4.

 

R722-310-9. Requirements for Continuing Classroom Instruction.

(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]may be at the discretion of the licensee.

 

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

(1) The [sixteen] 16-hour firearms training program described in [Section]Subsection 53-11-108(5), [must]shall be provided by a bail enforcement firearms instructor approved by the bureau.

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

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

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

 

R722-310-11. Notice to Commissioner.

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.

 

R722-310-12. Adjudicative Proceedings.

(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]2)(a) 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.

(b) The bureau may deny a license 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]30 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]60 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]possess and display a badge that is identical to the badge depicted on the bureau's website in accordance with 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]shall be 2.55 inches high and 2.66 inches wide;

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

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

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

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

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

(vii) the badge [must]shall 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] The design approved by the board under Subsection 53-11-121(5) shall contain the words "bail enforcement agent" or "bail recovery agent" written on both the chest and back [and must meet the following requirements]in writing which is:

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

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

([iii]c) [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, bail bond recovery apprentice, license

Date of Enactment or Last Substantive Amendment: [October 22, 2010]2013

Notice of Continuation: May 12, 2010

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