reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 103 - Commissioner of Public Safety administers -- Licensure -- Rulemaking.

53-11-103.
Commissioner of Public Safety administers -- Licensure -- Rulemaking.
(1) The commissioner administers this chapter, including keeping records of:
(a) all applications for licenses under this chapter; and
(b) proof of workers' compensation required to be filed.
(2) Records shall include statements as to whether a license or renewal license has been issued for each application and bond.
(3) If a license is revoked, suspended, or canceled, or a license is denied or placed on probation, the commissioner shall ensure the date of filing the order for revocation, suspension, cancellation, denial, or probation is included in the records.
(4) The commissioner shall maintain a list of all individuals, firms, partnerships, associations, or corporations that have had a license revoked, suspended, placed on probation, or canceled and a written record of complaints filed against licensees.
(5)
(a) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to administer this chapter.
(b) These rules shall include a requirement that all providers offering instruction or continuing instruction required for licensure under this chapter shall offer the courses to all applicants at the same course fees, in order to be qualified by the board.
(6) All records referred to under this section are open to the public under Title 63G, Chapter 2, Government Records Access and Management Act, except licensees' residential addresses and telephone numbers.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 104 - Board.

Effective 5/13/2014
53-11-104.
Board.
(1)
(a) There is established under the Department of Public Safety a Bail Bond Recovery Licensure Board consisting of five members appointed by the commissioner.
(b) The commissioner may appoint, in accordance with this section, persons who are also serving in the same capacity on the Private Investigator Hearing and Licensure Board under Section 53-9-104.
(2) Each member of the board shall be a citizen of the United States and a resident of this state at the time of appointment:
(a) one member shall be a person who is qualified for and is licensed under this chapter;
(b) one member shall be a an attorney licensed to practice in the state;
(c) one member shall be a chief of police or sheriff;
(d) one member shall be an owner of a bail bond surety company; and
(e) one member shall be a public member who:
(i) does not have a financial interest in a bail bond surety or bail bond recovery business; and
(ii) does not have an immediate family member or a household member, or a personal or professional acquaintance who is licensed or registered under this chapter.
(3)
(a) As terms of current board members expire, the commissioner shall appoint each new member or reappointed member to a four-year term, except as required by Subsection (3)(b).
(b) The commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5) At its first meeting every year, the board shall elect a chair and vice chair from its membership.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) A member may not serve more than one term, except that a member appointed to fill a vacancy or appointed for an initial term of less than four years under Subsection (3) may be reappointed for one additional full term.
(8) The commissioner, after a board hearing and recommendation, may remove any member of the board for misconduct, incompetency, or neglect of duty.
(9) Members of the board are immune from suit with respect to all acts done and actions taken in good faith in carrying out the purposes of this chapter.
Amended by Chapter 134, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 105 - Powers and duties of board.

53-11-105.
Powers and duties of board.
(1) The board shall:
(a) review all applications for licensing and renewals of licenses submitted by the bureau under this chapter and approve or disapprove these applications;
(b) review all complaints and take disciplinary action; and
(c) establish standards for and approve providers of courses required for licensure under this section.
(2) The board may take and hear evidence, administer oaths and affirmations, and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents, and other information relating to:
(a) investigation of an applicant for licensure under this chapter; or
(b) a formal complaint against or department investigation of a bail enforcement agent, bail recovery agent, or bail recovery apprentice.
Amended by Chapter 396, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 106 - Board meetings and hearings -- Quorum.

53-11-106.
Board meetings and hearings -- Quorum.
(1) The board shall meet at the call of the chair, but not less often than once each quarter.
(2) A quorum consists of three members.
(3) If a member has three or more unexcused absences within a 12-month period, the commissioner shall determine if that board member should be released from board duties.
Amended by Chapter 51, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 107 - Licenses -- Classifications -- Prohibited acts.

53-11-107.
Licenses -- Classifications -- Prohibited acts.
(1) Licenses under this chapter are issued in the classifications of:
(a) bail enforcement agent;
(b) bail recovery agent; or
(c) bail recovery apprentice.
(2) A person may not:
(a) act or assume to act as, or represent himself to be, a licensee unless he is licensed under this chapter; or
(b) falsely represent that he is employed by a licensee.
(3) The commissioner shall issue licenses to applicants who qualify for them under this chapter.
(4) A license issued under this chapter is not transferable or assignable.
Enacted by Chapter 257, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 108 - Licensure -- Basic qualifications.

53-11-108.
Licensure -- Basic qualifications.
An applicant for licensure under this chapter shall meet the following qualifications:
(1) An applicant shall be:
(a) at least 21 years of age;
(b) a citizen or legal resident of the United States; and
(c) of good moral character.
(2) An applicant may not:
(a) have been convicted of:
(i) a felony;
(ii) any act involving illegally using, carrying, or possessing a dangerous weapon;
(iii) any act of personal violence or force on any person or convicted of threatening to commit any act of personal violence or force against another person;
(iv) any act constituting dishonesty or fraud;
(v) impersonating a peace officer; or
(vi) any act involving moral turpitude;
(b) be on probation, parole, community supervision, or named in an outstanding arrest warrant; or
(c) be employed as a peace officer.
(3) If previously or currently licensed in another state or jurisdiction, the applicant shall be in good standing within that state or jurisdiction.
(4)
(a) The applicant shall also have completed a training program of not less than 16 hours that is approved by the board and includes:
(i) instruction on the duties and responsibilities of a licensee under this chapter, including:
(A) search, seizure, and arrest procedure;
(B) pursuit, arrest, detainment, and transportation of a bail bond suspect; and
(C) specific duties and responsibilities regarding entering an occupied structure to carry out functions under this chapter;
(ii) the laws and rules relating to the bail bond business;
(iii) the rights of the accused; and
(iv) ethics.
(b) The program may be completed after the licensure application is submitted, but shall be completed before a license may be issued under this chapter.
(5) If the applicant desires to carry a firearm as a licensee, the applicant shall:
(a) successfully complete a course regarding the specified types of weapons he plans to carry. The course shall:
(i) be not less than 16 hours;
(ii) be conducted by any national, state, or local firearms training organization approved by the Criminal Investigations and Technical Services Division created in Section 53-10-103; and
(iii) provide training regarding general familiarity with the types of firearms to be carried, including:
(A) the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and
(B) current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of deadly force, transportation, and concealment; and
(b) shall hold a valid license to carry a concealed weapon, issued under Section 53-5-704.
Amended by Chapter 21, 1999 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 109 - Licensure -- Bail enforcement agent.

53-11-109.
Licensure -- Bail enforcement agent.
(1)
(a) In addition to the requirements in Sections 53-11-108 and 53-11-110, an applicant for licensure as a bail enforcement agent shall have a minimum of 2,000 hours of experience consisting of either actual bail recovery work, or work as a law enforcement officer for a federal, state, or local governmental agency.
(b) The applicant shall substantiate the experience claimed under Subsection (1) as qualifying experience and shall provide:
(i) the exact details as to the character and nature of the experience on a form prescribed by the department; and
(ii) certification by the applicant's employers, which is subject to independent verification by the board.
(c) If an applicant is unable to supply written certification of experience from an employer in whole or in part, an applicant may offer written certification from persons other than an employer covering the same subject matter for consideration by the board.
(d) The burden of proving completion of the required experience is on the applicant.
(2) An applicant for license renewal shall have completed not less than eight hours of continuing classroom instruction.
Enacted by Chapter 257, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 110 - Bail enforcement agent as agency -- Surety bond -- Workers' compensation.

Effective 5/12/2015
53-11-110.
Bail enforcement agent as agency -- Surety bond -- Workers' compensation.
(1) An applicant for licensure as a bail enforcement agent who will operate a bail bond recovery agency shall provide the following information as part of the application:
(a) the full name and business address of the applicant;
(b) two passport-size color photographs of the applicant;
(c) the name under which the applicant intends to conduct the business;
(d) a statement that the applicant intends to engage in the bail bond recovery business;
(e) a notarized statement of the applicant's qualifications as required by Sections 53-11-108 and 53-11-109;
(f) the fee required by Section 53-11-115;
(g) a certificate of workers' compensation insurance, if applicable; and
(h) proof of completion of a training program approved by the board.
(2) An applicant for licensure, or renewal of licensure, as a bail enforcement agent shall include with the application a surety bond:
(a) in the amount of $10,000;
(b) that is in effect throughout the entire licensing period; and
(c) that provides that the issuer of the surety bond will notify the bureau if the bond is cancelled or expired.
(3) The license for a bail enforcement agent shall indicate on its face if the holder is licensed to act as a bail bond recovery agency.
(4) The bureau shall:
(a) cancel a license if the bureau receives notice that the surety bond described in Subsection (2) is cancelled or expired;
(b) notify a licensee when the bureau cancels a license under Subsection (4)(a); and
(c) reinstate a license that has been cancelled under Subsection (4)(a), and has not otherwise been revoked, when the person whose license was cancelled:
(i) files a surety bond described in Subsection (2) that is in effect for the remainder of the licensing period; and
(ii) pays the licensing fee described in Section 53-11-115.
Amended by Chapter 170, 2015 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 111 - Licensure -- Bail recovery agent -- Requirements and limitations.

53-11-111.
Licensure -- Bail recovery agent -- Requirements and limitations.
(1)
(a) In addition to the requirements in Sections 53-11-108 and 53-11-113, an applicant for licensure as a bail recovery agent shall meet all of the requirements under Section 53-11-109, but instead of the experience requirement under Subsection 53-11-109(1)(a), a bail recovery agent applicant shall have a minimum of 1,000 hours of experience consisting of either actual bail recovery work, or work as a law enforcement officer for a federal, state, or local governmental agency.
(b) The applicant shall substantiate the experience claimed under Subsection (1) as qualifying experience and shall provide:
(i) the exact details as to the character and nature of the experience on a form prescribed by the department; and
(ii) certification by the applicant's employers, which is subject to independent verification by the board.
(c) If an applicant is unable to supply written certification of experience from an employer in whole or in part, an applicant may offer written certification from persons other than an employer covering the same subject matter for consideration by the board.
(d) The burden of proving completion of the required experience is on the applicant.
(2) An applicant for license renewal shall have completed not less than eight hours of continuing classroom instruction.
(3) A bail recovery agent may work as a licensee under this chapter only as an employee of or as an independent contractor with a bail bond agency. A bail recovery agent may not:
(a) advertise his services;
(b) provide services as a licensee under this chapter directly for members of the public; or
(c) employ or hire as independent contractors bail enforcement agents, bail recovery agents, or bail recovery apprentices.
Enacted by Chapter 257, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 112 - Licensure -- Bail recovery apprentices -- Requirements and limitations.

Effective 5/13/2014
53-11-112.
Licensure -- Bail recovery apprentices -- Requirements and limitations.
(1) In addition to the requirements in Sections 53-11-108 and 53-11-113, an applicant for licensure as a bail recovery apprentice shall meet all of the requirements under Section 53-11-109, except the applicant is not subject to the experience requirement under Subsection 53-11-109(1)(a).
(2) A bail recovery apprentice may work as a licensee only:
(a) as an employee or contract employee of a bail bond agency; and
(b) under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision.
(3) A bail recovery apprentice may not:
(a) advertise the apprentice's bail recovery services;
(b) provide services as a licensee under this chapter directly for members of the public; or
(c) employ or hire as independent contractors bail enforcement agents, bail recovery agents, or bail recovery apprentices.
(4) A bail recovery apprentice 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.
Amended by Chapter 155, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 113 - Bail recovery agent and bail recovery apprentice licensure -- Surety bond -- Fee -- Workers' compensation.

Effective 5/12/2015
53-11-113.
Bail recovery agent and bail recovery apprentice licensure -- Surety bond -- Fee -- Workers' compensation.
(1) An applicant for licensure as a bail recovery agent or as a bail recovery apprentice shall provide as part of the application:
(a) the full name and address of the applicant;
(b) two passport-size color photographs of the applicant;
(c) the name of the bail bond recovery agency for which the applicant will be an employee or with which the applicant will be an independent contractor;
(d) written indication by a bail bond recovery agency or its designee that it intends to employ or contract with the applicant; and
(e) a notarized statement of the applicant's experience and qualifications required under Section 53-11-111 or 53-11-112, as appropriate.
(2) The licensure application or renewal shall be accompanied by the fee required under Section 53-11-115.
(3) An applicant for licensure, or renewal of licensure, as a bail recovery agent or a bail recovery apprentice shall include with the application a surety bond:
(a) in the amount of $10,000;
(b) that is in effect throughout the entire licensing period; and
(c) that provides that the issuer of the surety bond will notify the bureau if the bond is cancelled or expired.
(4) The bureau shall:
(a) cancel a license if the bureau receives notice that the surety bond described in Subsection (3) is cancelled or expired;
(b) notify a licensee when the bureau cancels a license under Subsection (4)(a); and
(c) reinstate a license that has been cancelled under Subsection (4)(a), and has not otherwise been revoked, when the person whose license was cancelled:
(i) files a surety bond described in Subsection (3) that is in effect for the remainder of the licensing period; and
(ii) pays the licensing fee described in Section 53-11-115.
(5)
(a) A license or a license renewal for a bail recovery agent or a bail recovery apprentice may not be granted to an applicant unless the employing bail bond recovery agency has on file with the department evidence of current workers' compensation coverage.
(b) A bail recovery agent or bail recovery apprentice license may not be reinstated without providing verification of the reinstatement of the workers' compensation coverage and payment of the reinstatement fee required in Section 53-11-115.
(c) The provisions of this Subsection (5) do not apply to a bail recovery agent or bail recovery apprentice who is working for a bail bond recovery agency as an independent contractor.
Amended by Chapter 170, 2015 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 114 - Licensure -- Qualification credit for specified training.

53-11-114.
Licensure -- Qualification credit for specified training.
(1) An applicant under this chapter may be exempt from meeting all or a portion of the experience or training requirements for licensure if the applicant:
(a) holds a criminal justice bachelor's degree from an accredited college or university;
(b) is certified to have successfully completed the state Peace Officers Standards and Training basic training course provided under Section 53-6-202; or
(c) provides adequate proof of having successfully completed a training course which the board finds is essentially similar to the training course under Subsection (1)(b).
(2) The board determines to what extent training listed under this section may meet the experience or training requirements for licensure under this chapter.
Enacted by Chapter 257, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 115 - License fees -- Deposit in General Fund.

Effective 7/1/2018
53-11-115.
License fees -- Deposit in General Fund.
(1) Fees for individual and agency licensure, registration, and renewal shall be set in accordance with Section 63J-1-504.
(2)
(a) The bureau may renew a license granted under this chapter upon receipt of an application on forms as prescribed by the board and upon receipt of the applicable fees if the licensee's application meets all the requirements for renewal.
(b) If the bureau determines the license renewal application does not meet all the requirements for renewal, the bureau shall submit the renewal application to the board for review and action.
(c) A license may not be renewed more than 90 days after its expiration.
(d) A licensee may not engage in any activity subject to this chapter during any period between the date of expiration of the license and the renewal of the license.
(3)
(a) The board may reinstate a suspended license upon completion of the term of suspension.
(b) Renewal of the license does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in any activity regulated by this chapter, or in any other activity or conduct in violation of the order or judgment by which the license was suspended.
(4) The board may not reinstate a revoked license or accept an application for a license from a person whose license has been revoked for at least one year after the date of revocation.
(5) All fees, except the fingerprint processing fee, collected by the department under this section shall be deposited in the General Fund.
Amended by Chapter 417, 2018 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 116 - Issuance of license and card to applicant -- License period -- Expiration of application -- Transfer of license prohibited.

53-11-116.
Issuance of license and card to applicant -- License period -- Expiration of application -- Transfer of license prohibited.
(1)
(a) The board shall issue a license to an applicant who complies with the provisions of this chapter.
(b) Each license shall:
(i) contain the name and address of the licensee, the classification of license, and the number of the license; and
(ii) be issued for a period of two years.
(2)
(a) When the board issues the license, it shall also issue an identification card the design of which shall be approved by the commissioner in accordance with Section 53-11-116.5.
(b) The identification card shall be issued without charge to the licensee if an individual, or if the licensee is an agency, to each of its licensed employees and contract employees, and is evidence the licensee and his employees and contract employees are licensed under this chapter.
(3)
(a) If an identification card issued to a person states on it any bail bond agencies for which the cardholder works, that person shall return the card to the employer upon termination of his work relationship with the bail bond agency licensee.
(b) Within five days the licensee shall mail or deliver the card to the commissioner for cancellation.
(4)
(a) When the commissioner notifies an applicant that licensure as a bail bond recovery agency is ready for issuance, the applicant shall complete the application process within 90 days.
(b) Failure to complete the process results in cancellation of the application and forfeiture of all fees paid to that point.
(c) Subsequent application by the same applicant requires the payment of all application and license fees prescribed in Section 53-11-115.
(5) A bail bond agency licensee shall notify the commissioner of any change in the name or address of his business and of any change of employees or contract employees within 30 days after the change.
(6)
(a) All new employees and contract employees of an agency who are licensed under this chapter shall submit applications on forms prescribed by the board.
(b) Upon board approval, identification cards shall be issued without charge.
Amended by Chapter 266, 1999 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 116.5 - Identification cards.

53-11-116.5.
Identification cards.
(1) A person licensed under this chapter as a bail enforcement agent or a bail recovery agent shall carry an identification card issued under this section.
(2)
(a) Bail bond agencies may submit designs for an identification card that shall be used for identification purposes by bail enforcement agents and bail recovery agents licensed under this chapter.
(b) The commissioner shall establish a procedure for the submitting of identification card designs and shall select one design to be used for all identification cards issued under this section.
(c) The identification card design:
(i) may not resemble any identification card currently in use by a law enforcement agency within the state; and
(ii) shall include:
(A) the licensee's classification of licensure;
(B) the license number; and
(C) a current photo of the licensee.
(d) The department of public safety shall issue identification cards, upon notification by the board that a license has been issued.
Enacted by Chapter 266, 1999 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 117 - Workers' compensation requirements for employees' licensure.

53-11-117.
Workers' compensation requirements for employees' licensure.
(1) An applicant for licensure under this section who is employed by a bail bond recovery agency may not obtain or renew a license unless the employer has on file with the department evidence of current workers' compensation coverage.
(2) The applicant's license may only be reinstated upon verification by the department of the reinstatement of the workers' compensation coverage and payment of the reinstatement fee required under Section 53-11-115.
(3) This section does not apply to contract employees.
Enacted by Chapter 257, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 118 - Grounds for denial of license -- Appeal.

53-11-118.
Grounds for denial of license -- Appeal.
(1) The board may deny a license application or a license renewal if the applicant has:
(a) committed an act that, if committed by a licensee, would be grounds for probation, suspension, or revocation of a license under this chapter;
(b) employed as a bail recovery agent or bail recovery apprentice employee or contract employee a person who has been refused a license under this chapter or who has had a license revoked in any state;
(c) committed, or aided and abetted the commission of, any act for which a license is required by this chapter, while not licensed under this chapter; or
(d) knowingly made a material misstatement in connection with an application for a license or renewal of a license under this chapter.
(2) The issuance of an identification card shall be denied to an applicant if the applicant fails to meet the required licensure qualifications.
(3)
(a) The denial of the issuance of a license under this chapter shall be in writing and describe the basis for the denial.
(b) The board's denial shall inform the applicant in writing that if the applicant desires a hearing to contest the denial, the applicant shall submit a request in writing to the commissioner within 30 days after the issuance of the denial.
(c) The hearing shall be scheduled not later than 60 days after receipt of the request.
(4) The commissioner shall hear the appeal, and may:
(a) return the case to the board for reconsideration;
(b) modify the board's decision; or
(c) reverse the board's decision.
(5) Decisions of the commissioner are subject to judicial review pursuant to Section 63G-4-402.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 120 - Requirement to identify employing agency.

53-11-120.
Requirement to identify employing agency.
Upon request, a licensee shall immediately identify the name, business address, and telephone number of the bail bond agency for which the licensee is an employee or an independent contractor.
Enacted by Chapter 257, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 121 - False representation as a licensee -- Badge -- Identifying clothing.

53-11-121.
False representation as a licensee -- Badge -- Identifying clothing.
(1) A licensee under this chapter may not wear a uniform, or use a title or identification card other than the one issued under this chapter, or make any statement that would lead a reasonable person to believe the licensee is connected in any way with the federal government or any state or local governmental entity, unless the licensee has received authorization in writing by one of those governmental authorities to do so.
(2) A licensee may possess a badge of a design approved by the board for use by a licensee.
(3) The licensee shall wear the badge under Subsection (2) in a manner that prevents the accidental or inadvertent display of the badge to persons in the presence of the licensee.
(4) The licensee may display the badge under Subsection (2) only if:
(a) the licensee is also at the same time wearing an article of clothing that conspicuously displays on the chest and back of the article of clothing lettering that clearly identifies the licensee as a bail enforcement or recovery agent;
(b) the licensee also displays the licensee's identification card described in Section 53-11-116.5, either:
(i) upon request, while acting as a bail enforcement agent; or
(ii) as necessary for the licensee to demonstrate authority while acting as a bail enforcement agent;
(c) the licensee is making a planned apprehension of a defendant, and the licensee is also wearing an article of clothing described in Subsection (4)(a) or Subsection (5);
(d) the licensee is making an apprehension that is unplanned and under exigent circumstances, and the licensee is not wearing clothing described in Subsection (4)(a) or Subsection (5); or
(e) the licensee is acting as a bail enforcement agent but is not engaged in a planned apprehension or in another situation that does not require that the agent be wearing clothing as described in Subsection (4)(a) or (5) in order to display the badge.
(5) A licensee may wear a jacket of a distinctive design or style that bears a printed, embroidered, or otherwise permanently attached symbol, emblem, or insignia that:
(a) clearly identifies the wearer as a bail enforcement or recovery agent; and
(b) is approved by the board.
(6) When a licensee is acting as a bail enforcement agent and interacts with a law enforcement officer, the licensee shall, at the first opportunity, identify him or herself to the law enforcement officer and shall provide identification as a bail enforcement agent.
Amended by Chapter 396, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 122 - Requirements during search and seizure -- Notification of law enforcement agency.

53-11-122.
Requirements during search and seizure -- Notification of law enforcement agency.
A bail enforcement agent, bail recovery agent, or bail recovery apprentice shall observe the following requirements before taking action authorized under this chapter:
(1) identify himself as a "bail enforcement agent," "bail recovery agent," or "bail recovery apprentice"; and
(2) comply with the notification requirements of Section 53-11-123.
Enacted by Chapter 257, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 123 - Notification of local law enforcement.

53-11-123.
Notification of local law enforcement.
(1)
(a) A bail enforcement agent or bail recovery agent who is searching for or planning to apprehend a person shall notify the local law enforcement agency if the search or apprehension will be conducted in an occupied structure within that law enforcement agency's jurisdiction.
(b) When possible, notification shall be provided before taking action, but always within 24 hours of taking action.
(c) When a bail enforcement agent or bail recovery agent is preparing to enter an occupied structure to carry out an arrest, he shall verbally advise the local law enforcement agency of his location and intended action prior to acting.
(2) A bail enforcement agent, bail recovery agent, and bail recovery apprentice shall each carry with him a written document providing proof and cause for the actions he is taking as a licensee, and shall make the document available to local law enforcement agencies upon request.
Amended by Chapter 266, 1999 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 11 - Bail Bond Recovery Act › Section 125 - Exemptions from licensure.

Effective 5/8/2018
53-11-125.
Exemptions from licensure.
Except as otherwise provided by statute or rule, the following individuals may engage in the practice of a private investigator regulated by this chapter, subject to the stated circumstances and limitations, without being licensed under this chapter:
(1) an individual serving in the armed forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs, or any other federal agency while engaged in activities regulated under this chapter as a part of employment with that federal agency if the individual holds a valid private investigator license issued by any other state or jurisdiction recognized by the department; and
(2) the spouse of an individual serving in the armed forces of the United States while the individual is stationed within this state, if:
(a) the spouse holds a valid private investigator license issued by any other state or jurisdiction recognized by the department; and
(b) the license is current and the spouse is in good standing in the state or jurisdiction of licensure.
Enacted by Chapter 462, 2018 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 101 - Definitions.

53-13-101.
Definitions.
As used in this chapter:
(1) "Auxiliary officer" means a sworn, certified, and supervised special function officer, as described by Section 53-13-112.
(2) "Certified" means recognized and accepted by the division as having successfully met and maintained the standards and training requirements set and approved by the director of the division with the advice and consent of the council.
(3) "Collateral duty" means a duty to corroborate and support a peace officer function that is secondary and supplemental to the primary duty of the position.
(4) "Council" means the Peace Officer Standards and Training Council created in Section 53-6-106.
(5) "Director" means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104.
(6) "Division" means the Peace Officer Standards and Training Division created in Section 53-6-103.
(7) "Local law enforcement agency" means a law enforcement agency of any political subdivision of the state.
(8) "Primary duties" means those duties which come first in degree of effort and importance.
(9) "Principal duties" means those duties which are the highest and foremost in responsibility.
(10) "Reserve officer" means a sworn and certified peace officer, whether paid or voluntary, who:
(a) is serving in a reserve capacity for a law enforcement agency that is part of or administered by the state or any of its political subdivisions; and
(b) meets the basic and in-service training requirements of the peace officer classification in which the officer will function.
(11) "Spectrum" means that which encompasses the scope of authority. "Full spectrum" encompasses total 24-hour authority; while anything less than full authority is contained or restricted within certain limits as set forth by statute, ordinance, policy, or rule.
(12) "Sworn" means having taken the oath of office set forth in Utah Constitution Article IV, Section 10, administered by the law enforcement agency for whom a peace officer works.
(13) "Volunteer" means an officer who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising agency.
(14)
(a) "While on duty" means while an officer is actually performing the job duties and work activities assigned by the employing agency and for which the officer is trained and certified, and may include time spent outside those duties and activities if that additional time involves an activity that is an integral and necessary part of the job, and is spent for the benefit, and under the direction of, the employing agency.
(b) "While on duty" does not include the time an officer spends commuting between the officer's home and place of employment unless that time involves an activity in Subsection (14)(a).
Amended by Chapter 92, 1999 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 102 - Peace officer classifications.

53-13-102.
Peace officer classifications.
The following officers may exercise peace officer authority only as specifically authorized by law:
(1) law enforcement officers;
(2) correctional officers;
(3) special function officers; and
(4) federal officers.
Renumbered and Amended by Chapter 282, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 106.2 - State and local law enforcement officers and federal employees -- Exercise of federal law enforcement authority when based on a federal enactment.

Effective 5/13/2014
53-13-106.2.
State and local law enforcement officers and federal employees -- Exercise of federal law enforcement authority when based on a federal enactment.
Subject to Sections 53-13-106.6 and 53-13-106.7, and Subsection 53-13-106.9(1):
(1) State and local law enforcement officers may recognize a federal employee's exercise of law enforcement authority, either on or off federally managed land, when the exercise is consistent with the Constitution of the United States and based on:
(a) a federal statute other than the Assimilative Crimes Act, 18 U.S.C. Sec. 13; or
(b) a federal regulation that is authorized by a federal statute other than the Assimilative Crimes Act, 18 U.S.C. Sec. 13.
(2) Notwithstanding Subsection 53-13-106.2(1), state and local law enforcement officers may recognize a federal employee's exercise of law enforcement authority, on federally managed land other than proprietary jurisdiction federally managed land, when the exercise is consistent with the Constitution of the United States and based on:
(a) a federal statute, including the Assimilative Crimes Act, 18 U.S.C. Sec. 13; or
(b) a federal regulation that is authorized by a federal statute including the Assimilative Crimes Act, 18 U.S.C. Sec. 13.
Enacted by Chapter 317, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 106.3 - State and local law enforcement officers and federal employees -- Exercise of federal law enforcement authority when based on a state or local enactment.

Effective 5/13/2014
53-13-106.3.
State and local law enforcement officers and federal employees -- Exercise of federal law enforcement authority when based on a state or local enactment.
Subject to Section 53-13-106.7 and Subsection 53-13-106.9(1), state and local law enforcement officers are not authorized to recognize a federal employee's exercise of law enforcement authority, either on or off federally managed land, when the exercise is based on a state or local statute, ordinance, regulation, or rule.
Enacted by Chapter 317, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 106.4 - State and county sheriff law enforcement officers and federal employees -- Enforcement of federal laws and regulations by state and county sheriff officers.

Effective 5/13/2014
53-13-106.4.
State and county sheriff law enforcement officers and federal employees -- Enforcement of federal laws and regulations by state and county sheriff officers.
A state law enforcement agency or a county sheriff may assist a federal agency or federal employee to enforce federal statutes and regulations on lands managed pursuant to 43 U.S.C. Secs. 1701-1736 and Secs. 1737-1782, Federal Land Policy Management Act, after the state law enforcement agency or a county sheriff has entered into an agreement authorized by Subsection 53-13-106.9(3).
Enacted by Chapter 317, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 106.6 - State and local law enforcement officers and federal employees -- Exercise of federal law enforcement authority to enforce the Federal Land Policy Management Act.

Effective 5/13/2014
53-13-106.6.
State and local law enforcement officers and federal employees -- Exercise of federal law enforcement authority to enforce the Federal Land Policy Management Act.
Notwithstanding Section 53-13-106.2, state and local law enforcement officers are authorized to recognize a federal employee's exercise of law enforcement authority to enforce the provisions of the Federal Land Policy Management Act on proprietary jurisdiction federally managed land, only if the exercise is consistent with the Constitution of the United States and based on:
(1) a federal statute other than the Assimilative Crimes Act, 18 U.S.C. Sec. 13; or
(2) a federal regulation that is:
(a) authorized by a federal statute other than the Assimilative Crimes Act, 18 U.S.C. Sec. 13; and
(b) necessary to implement the provisions of the Federal Land Policy Management Act with respect to the management, use, and protection of the public lands, including the property located on those lands, as provided in 43 U.S.C. Sec. 1733(a).
Enacted by Chapter 317, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 106.7 - State and local law enforcement officers and federal employees -- Exercise of federal law enforcement authority based on state law during emergency.

Effective 5/13/2014
53-13-106.7.
State and local law enforcement officers and federal employees -- Exercise of federal law enforcement authority based on state law during emergency.
Notwithstanding Section 53-13-106.3, state and local law enforcement officers are authorized to recognize a federal employee's limited exercise of law enforcement authority on federally managed land in cases of a violation of a state or local statute, ordinance, regulation, or rule when:
(1) the offense is an emergency and poses an immediate risk of bodily injury or damage to property;
(2) a state, county, or municipal law enforcement officer is not reasonably available to take action;
(3) the action is within the scope of the employee's or official's law enforcement power; and
(4) the federal employee turns the matter, as well as the custody of any detained citizen, over to the state, county, or municipal law enforcement officer for further action as soon as the officer becomes available.
Enacted by Chapter 317, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 106.8 - State and local law enforcement officers and federal employees -- Use of correctional and communication facilities.

Effective 5/13/2014
53-13-106.8.
State and local law enforcement officers and federal employees -- Use of correctional and communication facilities.
State and local government agencies may not allow any federal agency access to or use of the correctional and communication facilities and equipment of any state or local law enforcement agency without the express written consent of the appropriate responsible official of the state or local law enforcement agency.
Enacted by Chapter 317, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 106.9 - State and county sheriff law enforcement officers and federal employees -- Interagency agreements.

Effective 5/13/2014
53-13-106.9.
State and county sheriff law enforcement officers and federal employees -- Interagency agreements.
Notwithstanding Section 53-13-106.3:
(1) County sheriffs may enter into agreements with federal agencies granting limited authority to specific federal employees to exercise law enforcement powers to enforce federal state and local laws, provided the agreements are limited to a term not to exceed two years and the officers granted authority have completed a 20-hour course focusing on Utah law and process approved by the director of the Peace Officer Standards and Training Division.
(2) State law enforcement agencies may, with the consent of the local county sheriff, enter into agreements as described in Subsection (1), provided that the agreements may not exceed a duration of two years.
(3) Local county sheriffs may enter into agreements with federal agencies requiring fair compensation for assisting a federal agency or federal employee to enforce federal statutes and regulations managed pursuant to 43 U.S.C. Secs. 1701-1736 and 43 U.S.C. Secs. 1737-1782, Federal Land Policy Management Act.
Enacted by Chapter 317, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 106.10 - State and local law enforcement officers and federal employees -- Review by county sheriffs.

Effective 5/13/2014
53-13-106.10.
State and local law enforcement officers and federal employees -- Review by county sheriffs.
County sheriffs shall regularly review the duties and activities of federal agencies that have law enforcement responsibilities and that are acting within the jurisdictional area of the county to determine if the federal agencies are acting consistently with this section.
Enacted by Chapter 317, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 107 - Basic training requirements for position -- Peace officers temporarily in the state.

53-13-107.
Basic training requirements for position -- Peace officers temporarily in the state.
(1)
(a) Any person who has satisfactorily completed, before the effective date of this chapter, an approved basic training program required of the person's position may act in a certified capacity without completion of an additional basic training program.
(b) Any person hired, appointed, or elected to any position designated in this chapter, except federal officer, shall satisfactorily complete the required basic training required of that position before the person is authorized to exercise peace officer powers under this chapter.
(2) Any peace officer employed by a law enforcement agency of another state and functioning in that capacity within Utah on a temporary basis is considered certified under Utah law:
(a) while functioning as a peace officer within the state at the request of a Utah law enforcement agency; or
(b) when conducting business as a representative of a law enforcement agency from another state.
Amended by Chapter 156, 2004 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 108 - Retirement.

53-13-108.
Retirement.
Eligibility for coverage under the Public Safety Contributory Retirement System or Public Safety Noncontributory Retirement System for persons and political subdivisions included in this chapter is governed by Title 49, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public Safety Noncontributory Retirement Act, and Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act.
Amended by Chapter 266, 2010 General Session