Unprofessional conduct under this chapter includes: (1) (a) failing, as a bail bond agency, to notify the division of the cessation of performance of the bail bond agency's qualifier; or (b) failing to replace the bail bond agency's qualifier, as required under Section 58-93-309; (2) failing to carry or display a badge issued under Section 58-93-504; (3) employment, as a bail bond agency, or as a qualifier knowing that the individual has engaged in conduct that is inconsistent with the duties and responsibilities of a licensee under this chapter; (4) failing to comply with operating standards established by rule; (5) using any letterhead, advertising, or other printed matter in a manner representing that the licensee is an instrumentality of the federal government, a state, or any political subdivision of a state; (6) using a name different from that under which the licensee is currently licensed for an advertisement, a solicitation, or a contract to secure business unless the name is a D.B.A.; (7) falsifying fingerprints or photographs while operating under this chapter; (8) soliciting business for an attorney in return for compensation; (9) conviction for: (a) a felony; (b) an act involving illegally using, carrying, or possessing a dangerous weapon; (c) an act involving moral turpitude; (d) an act of personal violence or force against a person or threatening to commit an act of personal violence or force against a person; (e) an act constituting dishonesty or fraud; (f) impersonating a peace officer; (g) an act of illegally obtaining or disseminating a private, controlled, or protected record under Section 63G-2-801; or (h) if the person is a bail bond agency, failing to pay bail funds to a court upon entry of a final judgment against the bail bond agency; (10) being placed on probation, parole, compensatory service, or named in an outstanding arrest warrant; (11) failing or refusing to cooperate with, failing to provide truthful information to, or refusing access to an authorized representative of the division engaged in an official investigation including the wrongful withholding of materials sought by the division through a subpoena duces tecum; (12) failure to maintain in full force the insurance and surety bond requirements of this chapter; (13) advertising in a false, deceptive, or misleading manner; (14) failing to identify the name, business address, and telephone number of the bail bond agency for which the licensee is an employee or an independent contractor; (15) failing to adhere to the licensee representation, badge, and identifying clothing requirements under Section 58-93-504; (16) failing to adhere to the requirements during search and seizure and notification of law enforcement agency provisions of Section 58-93-505; and (17) aiding, incentivizing, encouraging, or offering material aid to any person to violate this chapter.
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