As used in this chapter: (1) "Bail bond agency" means an entity licensed under this chapter that operates a business to carry out the functions of a bail enforcement agent or bail recovery agent, and to conduct this business, the entity: (a) employs a qualifier; (b) employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or (c) contracts with a bail enforcement agent, bail recovery agent, or bail recovery apprentice on a part-time or case-by-case basis. (2) "Bail enforcement agent" means an individual: (a) licensed under this chapter as a bail enforcement agent to: (i) enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding; (ii) apprehend a defendant or surrender a defendant to custody; or (iii) conduct an act described in Subsection (2)(a)(i) or (ii), as appropriate; and (b) who: (i) is appointed by a bail bond surety; and (ii) receives or is promised consideration for the individual's service. (3) "Bail enforcement professional" means a person licensed under this chapter. (4) "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. (5) "Bail recovery apprentice" means an individual licensed under this chapter as a bail recovery apprentice who: (a) is an employee of a licensed bail enforcement agent or bail recovery agent; (b) is adequately supervised by rules the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (c) may wear an article of clothing that conspicuously displays on the chest and the back of the article of clothing lettering that clearly identifies the licensee as a bail enforcement or recovery agent; and (d) may not: (i) advertise bail recovery services; (ii) provide bail recovery services directly to a member of the public; or (iii) employ or hire a bail enforcement agent, a bail recovery agent, or a bail recovery apprentice. (6) "Board" means the Security Services Licensing Board created under Section 58-63-201. (7) "Control position" means an individual that exercises direct or indirect control over a business entity regardless of form. (8) (a) "Conviction" means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea. (b) "Conviction" includes the following, regardless of whether the imposition of sentence was suspended: (i) a plea of no contest or nolo contendere; (ii) a plea in abeyance; or (iii) an Alford plea. (9) "D.B.A." means the same as that term is defined in Section 42-2-101. (10) "Occupied structure" means a building, vehicle, or other structure that could reasonably be expected to house or shelter persons. (11) "Qualifier" means an individual who: (a) holds a control position of a licensee under this chapter; (b) has satisfied the requirements to obtain a license under this chapter including possessing all necessary training and experience; (c) meets any additional license requirements the division establishes by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (d) (i) is collectively and individually liable with the licensee for compliance with this chapter; and (ii) may be held fully responsible for a violation under this chapter, regardless of the liability of another person.
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