(1) 

Terms Used In Utah Code 53-11-116

  • 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
  • Board: means the Bail Bond Recovery Licensure Board created under Section 53-11-104. See Utah Code 53-11-102
  • Commissioner: means the commissioner of public safety as defined under Section 53-1-107, or his designee. See Utah Code 53-11-102
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Identification card: means a card issued by the commissioner to an applicant qualified for licensure under this chapter. See Utah Code 53-11-102
  • Person: means :Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • (a)  The board shall issue a license to an applicant who complies with the provisions of this chapter.

    (b)  Each license shall:

    (i)  contain the name and address of the licensee, the classification of license, and the number of the license; and

    (ii)  be issued for a period of two years.

    (2) 

    (a)  When the board issues the license, it shall also issue an identification card the design of which shall be approved by the commissioner in accordance with Section 53-11-116.5.

    (b)  The identification card shall be issued without charge to the licensee if an individual, or if the licensee is an agency, to each of its licensed employees and contract employees, and is evidence the licensee and his employees and contract employees are licensed under this chapter.

    (3) 

    (a)  If an identification card issued to a person states on it any bail bond agencies for which the cardholder works, that person shall return the card to the employer upon termination of his work relationship with the bail bond agency licensee.

    (b)  Within five days the licensee shall mail or deliver the card to the commissioner for cancellation.

    (4) 

    (a)  When the commissioner notifies an applicant that licensure as a bail bond recovery agency is ready for issuance, the applicant shall complete the application process within 90 days.

    (b)  Failure to complete the process results in cancellation of the application and forfeiture of all fees paid to that point.

    (c)  Subsequent application by the same applicant requires the payment of all application and license fees prescribed in Section 53-11-115.

    (5)  A bail bond agency licensee shall notify the commissioner of any change in the name or address of his business and of any change of employees or contract employees within 30 days after the change.

    (6) 

    (a)  All new employees and contract employees of an agency who are licensed under this chapter shall submit applications on forms prescribed by the board.

    (b)  Upon board approval, identification cards shall be issued without charge.

    Amended by Chapter 266, 1999 General Session