Utah Code 53-11-105. Powers and duties of board

(1)

The board shall:

Terms Used In Utah Code 53-11-105

Applicant: means a person who has submitted to the department a completed application and all required application and processing fees. See Utah Code 53-11-102
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
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. See Utah Code 53-11-102

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. See Utah Code 53-11-102

Board: means the Bail Bond Recovery Licensure Board created under Section 53-11-104. See Utah Code 53-11-102

Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 53-11-102

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Department: means the Department of Public Safety. See Utah Code 53-11-102

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Subpoena: A command to a witness to appear and give testimony.

(a)

review all applications for licensing and renewals of licenses submitted by the bureau under this chapter and approve or disapprove these 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.

Amended by Chapter 396, 2013 General Session

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