Part III. Licensing Procedures and Requirements
6VAC20-250-30. Bail bondsman eligibility.
A. Persons required to be licensed as a bail bondsman pursuant to subdivision 47 of § 9.1-102 of the Code of Virginia, shall meet all licensure requirements in this section. Persons who carry or have access to a firearm while on duty must have a valid license with a firearm endorsement as described under 6VAC20-250-80. If carrying a handgun concealed, the person must also have (i) a valid concealed handgun permit pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia and (ii) the written permission of his employer.
B. Each person applying for a bail bondsman license shall meet the minimum requirements for eligibility as follows:
1. Be a minimum of 18 years of age;
2. Be a United States citizen or legal resident alien of the United States; and
3. Have received a high school diploma or passed a high school equivalency examination approved by the Board of Education.
4. Have successfully completed all initial training requirements, pursuant to the compulsory minimum training standards in Part IV (6VAC20-250-130 et seq.) of this chapter.
5. Have successfully completed the bail bondsman exam required by the board at a certified or licensed private security services training school with a minimum passing grade of 70%.
C. The following persons are not eligible for licensure as bail bondsmen and may not be employed nor serve as the agent of a bail bondsman:
1. Persons who have been convicted of a felony within the Commonwealth, any other state, or the United States, who have not been pardoned, or whose civil rights have not been restored;
2. Employees of a local or regional jail;
3. Employees of a sheriff's office;
4. Employees of a state or local police department;
5. Persons appointed as conservators of the peace pursuant to Article 4.1 (§ 9.1-150.1 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia;
6. Employees of an office of an attorney for the Commonwealth;
7. Employees of the Department of Corrections, Department of Criminal Justice Services, or a local pretrial or community-based probation services agency; and
8. Spouses of or any persons residing in the same household as persons referred to in subdivisions 2 through 7 of this subsection.
D. The exclusions in subsection C of this section shall not be construed to limit the ability of a licensed bail bondsman to employ or contract with a licensed bail enforcement agent authorized to do business in the Commonwealth.
Statutory Authority
§§ 9.1-102 and 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008; amended, Virginia Register Volume 31, Issue 23, eff. August 12, 2015.
6VAC20-250-40. Initial bail bondsman license application.
A. Prior to the issuance of any bail bondsman license, each bondsman applicant shall:
1. Pass the bail bondsman exam as prescribed by the board at a certified or licensed private security services training school with a minimum passing grade of 70%. Any applicant who improperly uses notes or other reference materials, or otherwise cheats on the exam, shall be ineligible to become a licensed bail bondsman.
2. Successfully complete entry-level training, and firearms training if applicable, pursuant to the compulsory minimum training standards set forth under Part IV (6VAC20-250-130 et seq.) of this chapter.
3. File with the department a completed application for such license on the form and in the manner provided by the department.
4. Submit fingerprints to the department pursuant to 6VAC20-250-50.
5. Submit the appropriate nonrefundable application processing fee and appropriate category fee to the department.
6. Maintain a physical address in Virginia where records required to be maintained by the Code of Virginia and this regulation are kept and available for inspection by the department. A post office box is not a physical address.
7. Provide the legal entity name, all fictitious names and physical addresses of all companies under which he carries out his bail bonding business.
B. Additionally, prior to the issuance of a property bail bondsman license, each property bail bondsman applicant shall provide proof of collateral of $200,000 on his bonds and proof of collateral of $200,000 on the bonds of each of his agents. Any collateral that is not in the form of real estate, cash, or certificates of deposit issued by a FDIC-insured financial institution shall be specifically approved by the department before it may be used as collateral.
C. A property bail bondsman license will not be issued if the true market value of the equity in his collateral of real estate, cash or certificates of deposit issued by a federally insured institution, or any combination thereof does not meet or exceed $200,000 on his bonds or the bonds of each of his agents.
1. If the property used as collateral is real estate, such real estate shall be located in the Commonwealth. In addition, the property bail bondsman applicant shall submit to the department:
a. A true copy of the current real estate tax assessment thereof, certified by the appropriate assessing officer of the locality wherein such property is located or, at the option of the property bail bondsman, an appraisal of the fair market value of the real estate, which appraisal shall have been prepared by a licensed real estate appraiser, within one year of its submission.
b. A new appraisal, if, at its discretion, the department so orders for good cause shown prior to certification. At the discretion of the department, after the original submission of any property appraisal or tax assessment, further appraisals or tax assessments for that property may not be required more than once every five years.
c. An affidavit by the property bail bondsman applicant that states, to the best of such person's knowledge, the amount of equity in the real estate, and the amounts due under any obligations secured by liens or similar encumbrances against the real estate, including any delinquent taxes, as of the date of the submission. At its discretion, the department may require additional documentation to verify these amounts.
2. If the property used as collateral consists of cash or certificates of deposit, the property bail bondsman applicant shall submit to the department verification of the amounts, and the names of the financial institution in which they are held. At its discretion, the department may require additional documentation to verify these amounts.
3. Any property bail bondsman issued a certificate by a judge pursuant to former § 19.2-152.1 of the Code of Virginia, prior to July 1, 1989, who has continuously maintained his certification and who has never provided to a court collateral of $200,000 or more, shall continue to be exempt from the $200,000 collateral requirements specified above. Those property bail bondsmen who are exempted from this provision shall satisfy all of the other requirements in this article for bail bondsmen, and shall provide to the department the collateral amount to which they may bond and provide proof of his prior certification by obtaining a certified copy of (i) the certificate issued pursuant to former § 19.2-152.1 of the Code of Virginia and (ii) the documents held by the originating court that stated the collateral amount for which they were able to bond.
4. Each property bail bondsman, if so directed by the department, shall place a deed of trust on the real estate that he is using for the limit of his expected bonded indebtedness to secure the Commonwealth and shall name the attorney for the Commonwealth of the affected locality as trustee under the deed of trust, and furnish the department an acceptable appraisal and title certificate of the real estate subject to any such deed of trust.
5. Each property bail bondsman applicant shall submit signed documentation authorizing special power of attorney from an individual or appropriate resolutions or other authorizing documentation from a business entity, for the purpose of bonding on any collateral provided for licensure that is not legally in the sole ownership of the property bail bondsman.
6. Each agent bail bondsman applicant shall submit signed documentation authorizing special power of attorney from an individual or appropriate resolutions or other authorizing documentation from a business entity, for the purpose of bonding on any collateral provided for licensure by the property bail bondsman.
D. Prior to the issuance of a surety bail bondsman license, each surety bail bondsman applicant shall:
1. Submit proof of current licensing as a property and casualty insurance agent validated by the State Corporation Commission.
2. Submit copies of each qualifying power of attorney that will be used to provide surety. All qualifying powers of attorney filed with the department shall contain the name and contact information for both the surety agent and the registered agent of the issuing company. In the event an applicant for a surety bail bondsman license is unable to obtain a qualifying power of attorney prior to the issuance of his license, the department may issue a letter of temporary licensure for not more than 30 days on the condition that each qualifying power of attorney obtained be filed within the 30 days. This temporary license does not permit a surety bail bondsman to write bail bonds for any insurance company without first filing the company qualifying power of attorney with the department.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-50. Fingerprint processing.
A. Each person applying for initial or renewal licensure as a bail bondsman shall submit to the department:
1. One completed fingerprint card provided by the department or another electronic method approved by the department;
2. A fingerprint processing application;
3. The applicable nonrefundable fee; and
4. All criminal history conviction information on a form provided by the department.
B. The department shall submit those fingerprints to the Virginia State Police for the purpose of conducting a Virginia Criminal History Records search and a National Criminal Records search to determine whether the person or persons have a record of conviction.
C. Fingerprint cards found to be unclassifiable will suspend action on the application pending the re-submittal of a classifiable fingerprint card. The applicant shall be so notified in writing and shall submit a new fingerprint card within 30 days before the processing of his application shall resume. After 30 days, the initial fingerprint application process will be required to include applicable application fees.
D. If the applicant is denied by DCJS, the department will notify the applicant by letter regarding the reasons for the denial.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-60. Application sanctions/denial, probation, suspension and revocation.
A. The department may deny a license in which any person has been convicted in any jurisdiction of any felony. Any plea of nolo contendere shall be considered a conviction for the purposes of this regulation. The record of a conviction authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such conviction.
B. The department may deny a license in which any person has not maintained good standing in every jurisdiction where licensed; has had his license denied upon initial application, suspended, revoked, surrendered, or not renewed; or has otherwise been disciplined in connection with a disciplinary action prior to applying for licensing in Virginia.
C. Any false or misleading statement on any state application or supporting documentation is grounds for denial or revocation and may be subject to criminal prosecution.
D. The department may deny licensure to a person for other just cause.
E. A licensee shall be subject to disciplinary action for violations or noncompliance with the Code of Virginia or this regulation. Disciplinary action shall be in accordance with procedures prescribed by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The disciplinary action may include but is not limited to a letter of censure, fine, probation, suspension or revocation.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-70. License issuance.
A. Upon completion of the initial license application requirements, the department may issue an initial license for a period not to exceed 24 months.
B. Each license shall be issued to the applicant named on the application and shall be valid only for the person named on the license. No license shall be assigned or otherwise transferred to another person.
C. Each licensee shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this regulation.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-80. Additional category application.
Licensed individuals seeking to add categories to a current license must:
1. Submit a properly completed application provided by the department;
2. Meet all licensure requirements pursuant to 6VAC20-250-40 B through D; and
3. Submit the applicable, nonrefundable category fee.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-90. Firearm endorsement.
A. In addition to applying for a bail bondsman license, each applicant who carries or has immediate access to a firearm while on duty must apply for such endorsement on a form and in the manner prescribed by the board and containing any information the board requires.
B. Prior to the issuance of a firearm endorsement, each applicant shall:
1. Successfully complete the entry-level firearms training, pursuant to the compulsory minimum training standards set forth in Part IV (6VAC20-250-130 et seq.) of this chapter; and
2. Submit the appropriate nonrefundable application-processing fee to the department.
C. Upon completion of the application requirements, the department may issue a firearm endorsement for a period not to exceed 12 months.
D. Firearms endorsements may be reissued for a period not to exceed a period of 12 months when the applicant has met the following requirements:
1. Filed with the department a completed application for such endorsement on the form and in the manner provided by the department at least 30 days prior to expiration of their current endorsement;
2. Successfully completed the firearms retraining pursuant to the compulsory minimum training standards set forth under Part IV (6VAC20-250-130 et seq.) of this chapter; and
3. Submitted the appropriate nonrefundable application processing fee to the department.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-100. License renewal application.
A. Each applicant for licensure renewal shall submit an application no later than 30 days prior to the expiration of the current license. The department will provide a renewal notification to the last known mailing address of the licensed person. However, if a renewal notification is not received by the person, it is the responsibility of the person to ensure renewal requirements are filed with the department.
B. Each person applying for license renewal shall meet the minimum requirements for eligibility as follows:
1. Successfully complete the in-service training, and firearms retraining if applicable pursuant to the compulsory minimum training standards set forth under Part IV (6VAC20-250-130 et seq.) of this chapter; and
2. Be in good standing in every jurisdiction where licensed. This subdivision shall not apply to any probationary periods during which the person is eligible to operate under the license.
C. The department may renew a license when the department receives the following:
1. A properly completed renewal application provided by the department;
2. Fingerprint cards submitted pursuant to 6VAC20-250-50;
3. The applicable, nonrefundable license renewal fee, and appropriate category fee;
4. Proof of successful completion of in-service training pursuant to the compulsory minimum training standards set forth under Part IV (6VAC20-250-130 et seq.) of this chapter; and
5. All other documentation listed in 6VAC20-250-40 B and C.
D. Upon completion of the renewal license application requirements, the department may issue a license for a period not to exceed 24 months.
E. Any renewal application received by the department shall meet all renewal requirements prior to the expiration date of a license or shall be subject to the initial bail bondsman license application requirements pursuant to 6VAC20-250-40.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-110. License termination.
A. Any surety bail bondsman license issued pursuant to this part shall terminate immediately upon the termination of the licensee's property and casualty insurance agent license, and may not be applied for again until the person has been issued a new property and casualty insurance agent license.
B. Any property bail bondsman license or agent bail bondsman license pursuant to this article shall terminate immediately if the collateral requirements are not maintained and may not be applied for again until the person has met the collateral requirements pursuant to 6VAC20-250-40.
C. A bail bondsman may apply for reinstatement of the terminated license no more than 120 days from termination with the appropriate reinstatement application and nonrefundable fees. After 120 days application for a bail bondsman license shall be subject to the initial bail bondsman license application requirements pursuant to 6VAC20-250-40.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-120. Replacement state issued identification.
Licensed person seeking a replacement state issued photo identification shall submit to the department:
1. A properly completed application provided by the department; and
2. The applicable, nonrefundable application fee.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.