6VAC20-260-240. General requirements.
All bail enforcement agents are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines and this regulation.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.
6VAC20-260-250. Professional conduct standards; grounds for disciplinary actions.
A. Any violations of the restrictions or standards under the Code of Virginia or this regulation shall be grounds for placing on probation, refusal to issue or renew, sanctioning, suspension or revocation of the bail enforcement agent's license. A licensed bail enforcement agent is responsible for ensuring that his employees, partners and individuals contracted to perform services for or on his behalf comply with all of these provisions and do not violate any of the restrictions that apply to bail enforcement agents. Violations by a bail enforcement agent's employee, partner, or agent may be grounds for disciplinary action against the bail enforcement agent, including probation, suspension or revocation of license.
B. A licensed bail enforcement agent shall not:
1. Engage in any fraud or willful misrepresentation, or provide materially incorrect, misleading, incomplete or untrue information in applying for an original license or renewal of an existing license, or in submitting any documents to the department.
2. Use any letterhead, advertising, or other printed matter in any manner representing that he is an agent, employee, or instrumentality of the federal government, a state, or any political subdivision of a state.
3. Impersonate, permit or aid and abet any employee to impersonate a law-enforcement officer or employee of the United States, any state, or a political subdivision of a state.
4. Use a name different from that under which he is currently licensed for any advertising, solicitation, or contract to secure business unless the name is an authorized fictitious name.
5. Coerce, suggest, aid and abet, offer promise of favor, or threaten any person to induce that person to commit any crime.
6. Give or receive, directly or indirectly, any gift of any kind to any nonelected public official or any employee of a governmental agency involved with the administration of justice, including but not limited to law-enforcement personnel, magistrates, judges, jail employees, and attorneys. De minimis gifts, not to exceed $50 per year per recipient, are acceptable provided the purpose of the gift is not to directly solicit business or would otherwise be a violation of department regulations or the laws of the Commonwealth.
7. Knowingly violate, advise, encourage, or assist in the violation of any statute, local jurisdictional law, court order, or injunction in the course of conducting activities regulated under this chapter.
8. Solicit business for an attorney in return for compensation.
9. Willfully neglect 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 bail enforcement agent chooses to withdraw from the case and returns the funds for work not yet done, no violation of this section exists.
10. Fail to comply with any of the statutory or regulatory requirements governing licensed bail enforcement agents.
11. Fail or refuse to cooperate with any investigation by the department.
12. Fail to comply with any subpoena issued by the department.
13. Employ or contract with any unlicensed or improperly licensed person or agency to conduct activities pertaining to bail enforcement services regulated in the Code of Virginia or this regulation, if the licensure status was known or could have been ascertained by reasonable inquiry.
14. Solicit or receive a bribe or other consideration in exchange for failing to recover or detain a bailee.
15. Provide false or misleading information to representatives of the department.
C. The department shall have the authority to place on probation, suspend or revoke a bail enforcement agent's license if an agent is arrested or issued a summons for a criminal offense, or becomes the subject of a protective order.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.
6VAC20-260-260. Recovery of bailees; methods of capture; standards and requirements; limitations.
A. During the recovery of a bailee, a bail enforcement agent shall have a copy of the relevant recognizance for the bailee. He shall also have written authorization from the bailee's bondsman, obtained prior to effecting the capture. The department shall develop the written authorization form to be used in such circumstances.
B. A bail enforcement agent shall not enter a residential structure without first verbally notifying the occupants who are present at the time of the entry.
C. Absent exigent circumstances, a bail enforcement agent shall give prior notification of at least 24 hours to local law enforcement or state police of the intent to apprehend a bailee. In all cases, a bail enforcement agent shall inform local law enforcement within 60 minutes of capturing a bailee.
D. In the apprehension of a bailee, the bail enforcement agent shall provide a written inventory of items taken into possession to both the bailee as well as the legal detainment facility.
E. A bail enforcement agent shall not utilize a canine or security rifle in the performance of bail recovery.
F. A bail enforcement agent may not transfer a bailee to an unlicensed bail bondsman or bail enforcement agent within the Commonwealth of Virginia.
G. A bail enforcement agent shall not break any laws of the Commonwealth in the act of apprehending a bailee.
H. A bail enforcement agent shall adhere to the recovery requirements pursuant to § 19.2-149 of the Code of Virginia.
I. A bail enforcement agent must complete and maintain the information on the recovery of a bailee on a form prescribed by the department.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.
6VAC20-260-270. Uniforms and identification; standards and restrictions.
A. A bail enforcement agent shall not wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies he is an agent of state, local, or federal government.
B. A bail enforcement agent shall wear or display only identification issued by, or whose design has been approved by, the department.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.