(1)  An applicant for licensure as a bail recovery agent or as a bail recovery apprentice shall provide as part of the application:

Terms Used In Utah Code 53-11-113

  • 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
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • independent contractor: means a person who works for an agency as an independent contractor. See Utah Code 53-11-102
  • Person: means :Utah Code 68-3-12.5
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
    • (a)  the full name and address of the applicant;

    (b)  two passport-size color photographs of the applicant;

    (c)  the name of the bail bond recovery agency for which the applicant will be an employee or with which the applicant will be an independent contractor;

    (d)  written indication by a bail bond recovery agency or its designee that it intends to employ or contract with the applicant; and

    (e)  a notarized statement of the applicant’s experience and qualifications required under Section 53-11-111 or 53-11-112, as appropriate.

    • (2)  The licensure application or renewal shall be accompanied by the fee required under Section 53-11-115.

    (3)  An applicant for licensure, or renewal of licensure, as a bail recovery agent or a bail recovery apprentice shall include with the application a surety bond:

    (a)  in the amount of $10,000;

    (b)  that is in effect throughout the entire licensing period; and

    (c)  that provides that the issuer of the surety bond will notify the bureau if the bond is cancelled or expired.

    (4)  The bureau shall:

    (a)  cancel a license if the bureau receives notice that the surety bond described in Subsection (3) is cancelled or expired;

    (b)  notify a licensee when the bureau cancels a license under Subsection (4)(a); and

    (c)  reinstate a license that has been cancelled under Subsection (4)(a), and has not otherwise been revoked, when the person whose license was cancelled:

    (i)  files a surety bond described in Subsection (3) that is in effect for the remainder of the licensing period; and

    (ii)  pays the licensing fee described in Section 53-11-115.

    (5) 

    (a)  A license or a license renewal for a bail recovery agent or a bail recovery apprentice may not be granted to an applicant unless the employing bail bond recovery agency has on file with the department evidence of current workers’ compensation coverage.

    (b)  A bail recovery agent or bail recovery apprentice license may not be reinstated without providing verification of the reinstatement of the workers’ compensation coverage and payment of the reinstatement fee required in Section 53-11-115.

    (c)  The provisions of this Subsection (5) do not apply to a bail recovery agent or bail recovery apprentice who is working for a bail bond recovery agency as an independent contractor.

    Amended by Chapter 170, 2015 General Session

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