(1) In addition to the requirements of Section 58-93-302, an applicant for licensure as a bail bond agency shall: (a) submit an application in a form the division approves; (b) pay a fee determined by the department under Section 63J-1-504; (c) identify a qualifier for the applicant who: (i) meets with the division and the board, if requested, and demonstrates that the applicant and the qualifier meet the requirements of this section; (ii) is a resident of the state; (iii) is licensed and in good standing as a bail enforcement agent or bail recovery agent under this chapter; (iv) exercises material day-to-day authority in the conduct of the applicant's business by making substantive technical and administrative decisions and whose primary employment is with the applicant; (v) is not concurrently acting as a qualifier or employee of another bail bond agency; (vi) is not involved in an activity that would conflict with the qualifier's duties and responsibilities under this chapter; and (vii) is not an employee of a government agency; and (d) file and maintain with the division evidence of: (i) comprehensive general liability insurance in a form and in an amount the division establishes by rule in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (ii) workers' compensation insurance that covers employees of the applicant in accordance with applicable Utah law; (iii) registration with the Division of Corporations and Commercial Code; and (iv) registration as required by applicable law with the: (A) Unemployment Insurance Division in the Department of Workforce Services, in accordance with Title 35A, Chapter 4, Employment Security Act; (B) State Tax Commission; and (C) Internal Revenue Service. (2) An application described in Subsection (1) shall include an affidavit that: (a) lists each of the applicant's officers, owners, proprietors, trustees, and responsible management personnel; and (b) a representative of the applicant signs and states under penalty of perjury that none of the listed parties: (i) have been convicted of: (A) a felony; (B) an act involving illegally using, carrying, or possessing a dangerous weapon; (C) an act of personal violence or force on a person or threatening to commit an act of personal violence or force against another person; (D) an act constituting dishonesty or fraud; (E) impersonating a peace officer; or (F) an act that, when considered with the functions and duties of a licensee under this chapter, bears a substantial relationship to the individual's ability to safely or competently perform the duties expected of a licensee or indicates that the best interests of the public are not served by granting the applicant a license; (ii) have been named in an outstanding arrest warrant; or (iii) are currently on probation, parole, community supervision, or named in an outstanding arrest warrant.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.