The board may take disciplinary action under Subsection (2), (4), or (5) regarding a license granted under this chapter if the board finds the licensee commits any of the following while engaged in activities regulated under this chapter:
Terms Used In Utah Code 53-11-119
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Arrest: Taking physical custody of a person by lawful authority.
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
Commissioner: means the commissioner of public safety as defined under Section 53-1-107, or his designee. See Utah Code 53-11-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Conviction: means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea, including a plea of no contest or nolo contendere, regardless of whether the imposition of sentence was suspended. See Utah Code 53-11-102
Emergency action: means a summary suspension of a license issued under this chapter pending revocation, suspension, or probation, in order to protect the public health, safety, or welfare. 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.
Fraud: Intentional deception resulting in injury to another.
Identification card: means a card issued by the commissioner to an applicant qualified for licensure under this chapter. 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
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
Letter of concern: means an advisory letter to notify a licensee that while there is insufficient evidence to support probation, suspension, or revocation of a license, the department believes:
(a)
the licensee should modify or eliminate certain practices; and
(b)
continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the license. See Utah Code 53-11-102
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
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
Statute: A law passed by a legislature.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unprofessional conduct: means :
(a)
engaging or offering to engage by fraud or misrepresentation in any activities regulated by this chapter;
(b)
aiding or abetting a person who is not licensed pursuant to this chapter in representing that person as a bail recovery agent in this state;
(c)
gross negligence in the practice of a bail recovery agent;
(d)
committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension, or revocation of a bail recovery license, and conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission; or
(e)
making a fraudulent or untrue statement to the board, department, its investigators, or staff. See Utah Code 53-11-102
fraud or willful misrepresentation in applying for an original license or renewal of an existing license;
(b)
using any letterhead, advertising, or other printed matter in any manner representing that the licensee is an instrumentality of the federal government, a state, or any political subdivision of a state;
(c)
using a name different from that under which the licensee is currently licensed for any advertising, solicitation, or contract to secure business unless the name is an authorized fictitious name;
(d)
impersonating, permitting, or aiding and abetting an employee to impersonate a law enforcement officer or employee of the United States, any state, or a political subdivision of a state;
(e)
knowingly violating, advising, encouraging, or assisting in the violation of any statute, court order, or injunction in the course of conducting an agency regulated under this chapter;
(f)
falsifying fingerprints or photographs while operating under this chapter;
(g)
has a conviction for:
(i)
a felony;
(ii)
any act involving illegally using, carrying, or possessing a dangerous weapon;
(iii)
any act involving moral turpitude;
(iv)
any act of personal violence or force against any person or conviction of threatening to commit any act of personal violence or force against any person;
(v)
any act constituting dishonesty or fraud;
(vi)
impersonating a peace officer; or
(vii)
any act of illegally obtaining or disseminating private, controlled, or protected records under Section 63G-2-801;
(h)
soliciting business for an attorney in return for compensation;
(i)
being placed on probation, parole, compensatory service, or named in an outstanding arrest warrant;
(j)
committing, or permitting any employee or contract employee to commit any act during the period between the expiration of a license for failure to renew within the time fixed by this chapter, and the reinstatement of the license, that would be cause for the suspension or revocation of the license or grounds for denial of the application for the license;
(k)
willfully neglecting to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties, but if the investigator chooses to withdraw from the case and returns the funds for work not yet done, no violation of this section exists;
(l)
failing or refusing to cooperate with, failing to provide truthful information to, or refusing access to an authorized representative of the department engaged in an official investigation;
(m)
employing or contracting with any unlicensed or improperly licensed person or agency to conduct activities regulated under this chapter if the licensure status was known or could have been ascertained by reasonable inquiry;
(n)
permitting, authorizing, aiding, or in any way assisting a licensed employee to conduct services as described in this chapter on an independent contractor basis and not under the authority of the licensed agency;
(o)
failure to maintain in full force and effect workers’ compensation insurance, if applicable;
(p)
advertising in a false, deceptive, or misleading manner;
(q)
refusing to display the identification card issued by the department to any person having reasonable cause to verify the validity of the license;
(r)
committing any act of unprofessional conduct; or
(s)
engaging in any other conduct prohibited by this chapter.
(2)
On completion of an investigation, the board may:
(a)
dismiss the case;
(b)
take emergency action;
(c)
issue a letter of concern, if applicable;
(d)
impose a civil penalty not to exceed $500;
(e)
place all records, evidence, findings, and conclusions and any other information pertinent to the investigation in the confidential and protected records section of the file maintained at the department; or
(f)
if the board finds, based on the investigation, that a violation of Subsection (1) has occurred, notice shall be sent to the licensee of the results of the hearing by mailing a true copy to the licensee’s last-known address in the department’s files by certified mail, return receipt requested.
(3)
A letter of concern shall be retained by the commissioner and may be used in future disciplinary actions against a licensee.
(4)
(a)
If the board finds, based on its investigation under Subsection (1), that the public health, safety, or welfare requires emergency action, the board may order a summary suspension of a license pending proceedings for revocation or other action.
(b)
If the board issues an order of summary suspension, the board shall issue to the licensee a written notice of complaint and formal hearing, setting forth the charges made against the licensee and the licensee’s right to a formal hearing before the board within 60 days.
(5)
Based on information the board receives during a hearing it may:
(a)
(i)
dismiss the complaint if the board believes it is without merit;
(ii)
fix a period and terms of probation best adapted to educate the licensee;
(iii)
place the license on suspension for a period of not more than 12 months; or
(iv)
revoke the license; and
(b)
impose a civil penalty not to exceed $500.
(6)
(a)
On a finding by the board that a bail recovery agency licensee committed a violation of Subsection (1), the probation, suspension, or revocation terminates the employment of all licensees employed or employed by contract by the bail bond agency.
(b)
If a licensee who is an employee or contract employee of a bail bond agency committed a violation of Subsection (1), the probation, suspension, or revocation applies only to the license held by that individual under this chapter.
(7)
(a)
Appeal of the board’s decision shall be made in writing to the commissioner within 30 days after the date of issuance of the board’s decision.
(b)
The hearing shall be scheduled not later than 60 days after receipt of the request.
(c)
The commissioner shall review the finding by the board and may affirm, return to the board for reconsideration, reverse, adopt, modify, supplement, amend, or reject the recommendation of the board.
(8)
A person may appeal the commissioner’s decision to the district court pursuant to Section 63G-4-402.
(9)
All penalties collected under this section shall be deposited in the General Fund.
