No. 42808 (Amendment): Rule R722-310. Regulation of Bail Bond Recovery and Enforcement Agents

(Amendment)

DAR File No.: 42808
Filed: 04/17/2018 10:52:24 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The requirements for the mandatory training for the continuing classroom instruction for renewals has changed. The Bureau of Criminal Investigations (BCI) will no longer provide four hours of the eight hours mandatory continuing classroom instruction training for first time renewals. Other entities/sources will provide the full eight hours of the mandatory training for all license renewals. A "bail bond agency" does not receive a license from BCI to exist; therefore, the language that identifies this license type has been removed. The requirement that an application packet be submitted to BCI more than seven days prior to a scheduled board meeting has been removed.

Summary of the rule or change:

BCI will no longer provide four of the eight hours of required training to a first time license renewal applicant. The training will be provided by outside entities that are currently providing the additional four hours of training for a first time renewal and the full eight hours of training for a subsequent renewal. A "bail bond agency" does not receive a license from BCI to exist, thus the reference to licensure of a "bail bond agency" will be removed from this rule. The requirement for an application packet to be submitted seven days prior to a regularly scheduled board meeting has been removed, so an application packet may be submitted to BCI up until the day prior to a regularly scheduled board meeting.

Statutory or constitutional authorization for this rule:

• Subsection 53-11-103(5)

Anticipated cost or savings to:

the state budget:

BCI was required to provide four of the eight hours of continuing education for a first time license renewal, and charged an applicant a $10 fee to attend the training. There were four first time renewal applicants who attended the training in 2017. All subsequent renewal applicants obtain the full eight hours of continuing education from an outside source, not from BCI. This change will result in an anticipated loss of $40 in revenue per year. (4 first time renewal applicants x $10 = $40 per year.)

local governments:

This rule applies to the four hour portion of continuing classroom instruction for license renewals, which was previously provided by BCI and will now be provided in its entirety by other outside sources, which are private businesses; therefore, there is no aggregate anticipated cost or savings to local governments.

small businesses:

This rule applies to the four hour portion of continuing classroom instruction for license renewals, which was previously provided by BCI and will now be provided in its entirety by other outside sources, which are private businesses. It is estimated that 70% of businesses that provide training are small businesses. There were four first time renewal applicants who attended the training in 2017. All subsequent renewal applicants currently obtain the full eight hours of continuing education from an outside source, not from BCI. It is estimated that a small business that will provide training for these purposes may charge an individual up to $400 to attend the training. This change could potentially result in an anticipated increase in revenue of $1,120 per year. (4 first time renewal applicants x $400 = $4,000 x 70% = $1,120 per year.)

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

This rule addresses licensing requirements for the purpose of obtaining a "bounty hunter" license in order to recover or enforce a bond. Applicants for a first time license renewal were previously required to attend four of the eight hours of required continuing education directly from BCI at a cost of $10. Due to the fact that BCI will no longer be offering this training, a first time applicant will now be required to take the full eight hours of training from an outside source, as they are currently required for subsequent renewals. It is estimated that a business that will provide training for these purposes may charge an individual up to $400 to attend the training, which is an increase of $390. Aggregate cost impact is estimated to be approximately $1,560. (4 first time applicants x $390 = $1,560)

Compliance costs for affected persons:

Persons affected by this rule change will be required to pay up to an additional $390 for continuing education for a first time license renewal.

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

It is anticipated that both small and non-small businesses may experience and increase in revenue as a result of the rule change. Approximately four first time applicants per year will now be required to attend an additional four hours of training from a training business rather than directly from BCI. It is anticipated that training businesses may charge an individual up to $400 to attend the additional training hours. It is estimated that 70% of the businesses that may provide training are small businesses, and 30% are non-small businesses. It is anticipated that a small business may see an increase in revenue of approximately $1,120 per year, and a non-small business may see an increase in revenue of approximately $480 per year. The above analysis and summary reflects the Department of Public Safety's best estimate regarding the impact the rule change will have on businesses.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office 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 [e-mail]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

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:

06/14/2018

This rule may become effective on:

06/21/2018

Authorized by:

Alice Moffat, Bureau Chief

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

($40)

($40)

($40)

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

($1,560)

($1,560)

($1,560)

Total Fiscal Costs:

($1 , 600)

($1 , 600)

($1 , 600)

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$1,120

$1,120

$1,120

Non-Small Businesses

$480

$480

$480

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$1 , 600

$1 , 600

$1 , 600

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 12 large businesses in the industry in question (NAICS 6115, 6116, and 6117) in Utah. These businesses account for an estimated 30 percent of training services offered per year. At the average price of $400 per training session, these businesses are expected to receive an estimated $480 in increased revenues per year.

 

The head of Department of Public Safety, Keith D. Squires, has reviewed and approved this fiscal analysis.

 

 

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.

 

R722-310-2. Authority.

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

 

R722-310-3. 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;

(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, 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.

 

R722-310-4. 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 shall submit a completed application packet to the bureau.

(b) The application packet shall include:

(i) a written application form provided by the bureau 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;

(vi) documentation from an approved provider indicating that the applicant has completed the 16-hour training program, described in Subsection 53-11-108(4); and

(vii) documentation showing the licensee has a surety bond in amount of $10,000 which meets the requirements described in Subsection 53-11-113(3).

(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 shall also provide:

(a) the name under which the bail bond recovery agency will operate; and

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

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

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

(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 shall also provide 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 shall comply with all of the requirements found in R722-300 and provide documentation from an approved bail enforcement firearms instructor indicating that the applicant has completed the 16-hour firearms training course required in 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 seven days prior to a scheduled board meeting may not be considered by the board until the next regularly scheduled board meeting.]

 

R722-310-5. Training Program Requirements.

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

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

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

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

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

(b) The training program may not charge 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 Subsection 53-11-108(4), the board 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, an applicant 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 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 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, shall provide documentation indicating that the applicant has a criminal justice bachelor's degree or has successfully completed a basic training course described in 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 16-hour training course required by 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 shall submit a completed renewal packet to the bureau.

(b) The renewal packet shall include:

(i) a written renewal form provided by the bureau with the licensee's residential or physical address and mailing or business address;

(ii) one recent color photograph of passport quality which contains the 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 licensee has completed eight hours of continuing classroom instruction required by Subsection 53-11-111(2); and

(v) documentation showing the licensee has a $10,000 surety bond which meets the requirements described in Subsection 53-11-113(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 the renewal packet to the board for their review at the next regularly scheduled meeting.[

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

 

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

(1) A licensee who renews his or her license [for the first time ]shall attend [four]eight hours of continuing classroom instruction [provided by the bureau, which shall count towards the eight hours of continuing classroom instruction ]required by Subsections 53-11-111(2) and 53-11-109(2).[

(2) The course provided by the bureau shall:

(a) provide updates on Utah law, administrative changes, and other pertinent information designed to enhance the licensee's knowledge of bail recovery; and

(b) be taught by the bureau twice yearly, with the dates posted on the bureau's website.]

 

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

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

(2) A bail enforcement firearms instructor approved by the bureau shall be a certified Utah concealed firearm permit instructor under Subsection 53-5-704(9) and be in good standing with the bureau.

(3)(a) Each approved bail enforcement firearms instructor 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 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 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 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 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 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 shall be 2.55 inches high and 2.66 inches wide;

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

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

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

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

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

(vii) the badge 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) 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 in writing which is:

(a) at least two inches in height on the back;

(b) at least one half of an inch in height on the front; and

(c) in a color that contrasts with the color of the item of clothing.

 

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses

Date of Enactment or Last Substantive Amendment: [December 22, 2015]2018

Notice of Continuation: January 7, 2015

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

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