In addition to the requirements in Sections 53-11-108 and 53-11-113, an applicant for licensure as a bail recovery apprentice shall meet all of the requirements under Section 53-11-109, except the applicant is not subject to the experience requirement under Subsection 53-11-109(1)(a).
Terms Used In Utah Code 53-11-112
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 enforcement agent: means an individual licensed under this chapter as a bail enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both, as is appropriate, and who:
(a)
is appointed by a bail bond surety; and
(b)
receives or is promised money or other things of value for this service. 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
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
Contract: A legal written agreement that becomes binding when signed.
Direct supervision: means a bail enforcement agent employing or contracting with a bail recovery apprentice, or a bail recovery agent employed by or contracting with that bail enforcement agent who:
(a)
takes responsibility for and assigns the work a bail recovery apprentice may conduct; and
(b)
closely supervises, within close physical proximity, and provides direction and guidance to the bail recovery apprentice regarding the assigned work. See Utah Code 53-11-102
Supervision: means the employing bail enforcement agent is responsible for and authorizes the type and extent of work assigned to a bail recovery agent who is his employee or contract employee. See Utah Code 53-11-102
(2)
A bail recovery apprentice may work as a licensee only:
(a)
as an employee or contract employee of a bail bond agency; and
(b)
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.
(3)
A bail recovery apprentice may not:
(a)
advertise the apprentice’s bail recovery 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.
(4)
A bail recovery apprentice may wear an article of clothing that conspicuously displays on the chest and the back of the article of clothing lettering that clearly identifies the licensee as a bail enforcement or recovery agent.
