(1) 

Terms Used In Utah Code 53-11-111

  • 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 bond agency: means a bail enforcement agent licensed under this chapter who operates a business to carry out the functions of a bail enforcement agent, and to conduct this business:
(a) employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or
(b) contracts with a bail recovery agent or bail recovery apprentice on a part-time or case-by-case basis. See Utah Code 53-11-102
  • 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
  • Board: means the Bail Bond Recovery Licensure Board created under Section 53-11-104. See Utah Code 53-11-102
  • Department: means the Department of Public Safety. See Utah Code 53-11-102
  • independent contractor: means a person who works for an agency as an independent contractor. See Utah Code 53-11-102
  • Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (a)  In addition to the requirements in Sections 53-11-108 and 53-11-113, an applicant for licensure as a bail recovery agent shall meet all of the requirements under Section 53-11-109, but instead of the experience requirement under Subsection 53-11-109(1)(a), a bail recovery agent applicant shall have a minimum of 1,000 hours of experience consisting of either actual bail recovery work, or work as a law enforcement officer for a federal, state, or local governmental agency.

    (b)  The applicant shall substantiate the experience claimed under Subsection (1) as qualifying experience and shall provide:

    (i)  the exact details as to the character and nature of the experience on a form prescribed by the department; and

    (ii)  certification by the applicant’s employers, which is subject to independent verification by the board.

    (c)  If an applicant is unable to supply written certification of experience from an employer in whole or in part, an applicant may offer written certification from persons other than an employer covering the same subject matter for consideration by the board.

    (d)  The burden of proving completion of the required experience is on the applicant.

    • (2)  An applicant for license renewal shall have completed not less than eight hours of continuing classroom instruction.

    (3)  A bail recovery agent may work as a licensee under this chapter only as an employee of or as an independent contractor with a bail bond agency. A bail recovery agent may not:

    (a)  advertise his services;

    (b)  provide services as a licensee under this chapter directly for members of the public; or

    (c)  employ or hire as independent contractors bail enforcement agents, bail recovery agents, or bail recovery apprentices.

    Enacted by Chapter 257, 1998 General Session

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