DAR File No. 32088

Public Safety, Criminal Investigations and Technical Services, Criminal Identification

R722-310

Regulation of Bail Bond Recovery and Enforcement Agents

NOTICE OF PROPOSED RULE

DAR File No.: 32088
Filed: 10/29/2008, 08:29
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Bail Bond Recovery Licensure Board, under its statutory authority of Title 53, Chapter 11, the "Bail Bond Recovery Act," sees fit to amend the administrative rules to better carry out its duties.

Summary of the rule or change:

The definition of "moral turpitude" includes specific offenses, as well as general categories. Additional requirements for applicants wishing to carry concealed firearms are listed. Presumed lengths of licensure denial are spelled out depending upon the offense committed. Required training for licensure upgrades and renewals are added and nonsubstantive changes made.

State statutory or constitutional authorization for this rule:

Subsection 53-11-103(5)

Anticipated cost or savings to:

the state budget:

None--Any additional licensure requirement checks and enforcements may be performed within the existing support staff resources of the Bureau of Criminal Identification (BCI).

local governments:

None--Any potential impact on local government will be too distant to cause a fiscal impact.

small businesses and persons other than businesses:

None--Each applicant will bear their own costs under the rule amendment requirements.

Compliance costs for affected persons:

The cost for the class taught by BCI is $10. The class is only required once with each renewal, every two years. The cost is for supplies/handouts, etc. Subsection 53-11-109(2) states that an applicant for license renewal shall have completed not less than eight hours of continuing classroom instruction. In the past, licensees would submit training courses such as first aid, defensive tactics, firearms, etc. There was no uniformity in the training. Starting January 1, 2009, the Bail Bond Recovery Licensure Board and BCI have implemented a four hour mandatory training course that all renewal licensees must attend prior to licensure. The purpose is to provide updated information regarding laws, rules, policy changes, and refresher training pertinent to the bail profession. The remaining four hours of classroom training as required by state statute is left up to the discretion of the licensee. The approximate cost for the firearms course for each licensee opting to carry a firearm is $150. Licensees are not required to carry a firearm, those licensees wanting to carry a firearm are required, per Subsection 53-11-108(5)(i), to complete a 16-hour firearms course and posses a valid Utah Concealed Firearm Permit. The course is in addition to the initial firearms course. The firearms course will be required upon each renewal for those licensees wanting to carry a firearm. The fee is payed to the instructor, not BCI. The fee includes the instructor's time, ammunition, and supplies. The class is to be eight hours long and is only required once with each renewal (every two years).

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

I have determined that there is no fiscal impact on business associated with this amendment. Scott T. Duncan, 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 Erickson 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:

12/15/2008

This rule may become effective on:

12/22/2008

Authorized by:

Alice Erickson, Bureau Chief

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

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

R722-310-[2]1. Authority.

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

 

R722-310-[3]2. Definitions.

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

[B.](2) In addition:

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

[1.](b) "Moral turpitude" as used in Subsection 53-11-108(2)(a)(vi), means a conviction of any [crime listed in R724-4-3(M). In addition, a crime of moral turpitude means a conviction of an ]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.](A) the use of alcohol,[ or;]

[b.](B) the unlawful use of narcotics or other controlled substances[.]; or

(C) any offense involving dishonesty or misrepresentation.

[2. "Division" means the Law Enforcement and Technical Services Division of the Department of Public Safety.

3.](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.

 

R722-310-[1]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."

 

R722-310-4. Application.

(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 [for] 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.

 

R722-310-5. Licensure.

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

[B.](2) Providers offering instruction or continuing instruction required for licensure shall offer the courses to all applicants at the same course fees.

 

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.

(1) In addition to the requirements set forth in Subsections 53-11-109(1)(b)(i) and (ii), an applicant[s] [who are ]claiming previous experience as either a bail recovery agent or law enforcement officer[, must be able to] 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.

 

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

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

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

[C.](3) Not more than 1000 hours [may]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.

 

R722-310-7a. Required Continuing Training for Licensure Renewal or Upgrade.

(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.

 

R722-310-8. Notice to Commissioner.

[The]Required notice to the commissioner [referred to in]under Subsection 53-11-116(5) [regarding]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.

 

R722-310-9. Appeal on Denial of License.

[A.](1) All adjudicative proceedings provided for herein shall be informal in accordance with Section [63-46b-5]63G-4-203and as allowed by Section [63-46b-4.]63G-4-202.

[B.](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.

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

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

[E.](5) [If]When the [B]board denies the license following a hearing, the board's issued decision [issued by the Board will]shall advise the applicant that [he/she]the applicant may appeal to the commissioner within 30 days after the decision is issued.

[F.](6) An appeal to the commissioner [will]shall not result in a de novo hearing before the commissioner. It [will]shall result in [a review of the record by ]the department's administrative law judge reviewing the record as the commissioner's designee. The administrative law judge[, at his discretion,] may request oral argument by the parties.

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

[H.](8) The administrative law judge [will]shall issue a decision within 60 days after receipt of the appeal.

 

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

Date of Enactment or Last Substantive Amendment: [November 16, 2000]2008

Notice of Continuation: June 29, 2005

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