Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 1 - General Provisions › Section 390:60-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
CLEET adopts for Rule purposes all definitions specifically set
							out in the Bail Enforcement and Licensing Act, 59 OS Section 1350 et seq and
							CLEET Rule
							390:1-1-2.1. In
							addition, these words or terms shall have the following meaning unless the
							context clearly indicates otherwise:
"Act"
means the Oklahoma Bail Enforcement and
							Licensing Act, Title 59, O.S., Section
							1350, et seq.
"Applicant"
means a person applying for a license
							under the provisions of the Act.
"Approved school"
means an organization or
							institution authorized by CLEET to conduct bail enforcement training pursuant to
							the Act.
"Armed Bail Enforcer"
means a Bail Enforcer having
							a valid license issued by the Council on Law Enforcement Education and Training
							authorizing the holder to carry an approved pistol or weapon in the recovery of a
							defendant pursuant to the Bail Enforcement and Licensing Act.
"Bail Enforcer"
means a person who acts, engages
							in, solicits or offers services to execute a prior to breach recovery of a
							defendant on an undertaking or bail bond contract execute a recovery of a
							defendant for failure to appear on an undertaking or bail bond contract issued in
							this state, another state or the United States. The term "Bail Enforcer" does not
							include any law enforcement officer actively employed by a law enforcement Agency
							recognized in this state, or any of its political subdivisions, another state or
							the United States, while such officer is engaged in the lawful performance of
							duties authorized by his or her employing law enforcement Agency, a bondsman
							licensed in this state and acting under the authority of his or her undertaking
							or bail contract or a licensed bondsman appointed by an insurer in this state
							with regard to a defendant on a bond posted by that insurer.
"Bail Recovery Contract" or "Client Contract"
means an agreement to perform the services of a Bail Enforcer for a client. Only
							a Bail Enforcer licensed by the Council may enter into a client contract to
							perform the services of a Bail Enforcer. A Bail Enforcer is liable for his or her
							acts and omissions while executing a recovery of a defendant pursuant to a client
							contract.
"Client"
means a bondsman or surety on an undertaking or
							bail bond contract issued in this state, another state or the United States that
							enters into a contract for the services of a Bail Enforcer.
"Conflict of interest
" means a conflict or the
							appearance thereof between the private interests and public obligations of an
							individual, organization, or other legal entity authorized to conduct business
							pursuant to the Act.
"Contract"
means, for the purposes of these Rules,
							an agreement between a person licensed under this Act and a client, to provide
							bail enforcement services, for a contract labor fee; and where the wages of the
							Bail Enforcer are paid by the contractor. Such contracts may be oral or written,
							or in any combination thereof.
"Contractor"
means, for the purposes of these
							Rules, a contractor is a person or business entity not employed in a direct
							employer-employee relationship, but instead contracts with a client to provide
							his or her services as a Bail Enforcer and their services to that client, for a
							contract labor fee. The term "contractor" shall include "sub-contractor".
"Conviction"
means any final adjudication of
							guilt, whether pursuant to a plea of guilty or nolo contendere, or an
"
Alford
"
plea, or otherwise, and any deferred or
							suspended sentence or judgment. Conviction does not include any court action in
							which the court has deferred imposition of judgement and sentence, and the
							defendant has successfully completed the terms of the deferred judgment, and the
							court has allowed the defendant to withdraw a plea, and dismissed the case
							without a court judgment of guilt, and the pleas has been expunged by court
							order.
"Currently undergoing treatment for a mental illness,
							condition, or disorder"
means the person has been diagnosed by a licensed
							physician or psychologist as being afflicted with a substantial disorder of
							thought, mood, perception, psychological orientation, or memory that
							significantly impairs judgment, behavior, capacity to recognize reality, or
							ability to meet the ordinary demands of life and such condition continues to
							exist.
"Curriculum
" means the collective, written
							documentation of the material content of a training course, or any particular
							phase of training prescribed by the Act, minimally consisting of course
							objectives, student objectives, lesson plans, training aids, and
							examinations.
"Defendant"
means the principal on an undertaking
							or bail bond contract.
"Expungement"
means a court order expunging any
							final adjudication of guilt, whether pursuant to a plea of guilty or nolo
							contendere, or an
"
Alford
"
plea, or any plea other than
"
not guilty,
"
or otherwise. For purposes of these
							rules, expungement does not include a court order expunging a criminal record
							because no charges were filed or expunging a criminal record because the accused
							was acquitted at trial, or because the charges were dismissed on motion of the
							State prior to entry of any pleas other than
"
not
							guilty.
"
"Full-time employment"
means any Bail Enforcer,
							who is employed and paid for working twenty-five (25) hours or more per week on a
							regular basis.
"Instructor"
means a person who directly
							facilitates learning through means of lecture, group participation, practical
							exercise, or other means, where there is a direct student-teacher
							relationship.
"License"
means authorization issued by the
							Council pursuant to the Bail Enforcement and Licensing Act permitting the holder
							to perform functions and services as a Bail Enforcer, and the documentary
							evidence of that authorization.
"Licensee"
means a person authorized by CLEET
							under the provisions of this Act, to lawfully conduct business as a Bail
							Enforcer.
"Noxious Substance"
means OC spray, pepper spray,
							mace or any substance used as a physiological irritant.
"Over-payment"
means monies in excess of the
							amount due for a license, permit or fine that is returned to the individual or
							Agency.
"Person"
means, in addition to any natural person,
							any corporation, company, association, operation, firm, partnership, institution,
							trust, or other form of business association.
"Red or blue lens"
means any lens which emits the
							color red or the color blue.
"Recovery"
or
"Surrender"
means the
							presentation of a defendant to the public officer competent to receive the
							defendant into custody.
"School coordinator"
means a person certified by
							CLEET to coordinate and conduct private security and bail enforcement training at
							an approved school, and arrange or administer psychological examinations to
							firearms training students.
"Training course"
means a complete, multi-phase
							course of instruction required to qualify for a license under the provisions of
							the Act.
"Training phase"
means a block of training units
							that comprises a distinct phase in the private security or bail enforcement
							training course.
"Training unit"
means a unit of instruction within
							a training phase.
"Weapon"
means taser, stun gun, baton, night stick
							or any other device used to subdue a defendant, or any noxious substances as
							defined in the Bail Enforcement and Licensing Act.