(1) There is established under the Department of Public Safety a Bail Bond Recovery and Private Investigator Licensure Board consisting of eight members appointed by the commissioner.

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Terms Used In Utah Code 53-11-104 v2

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Board: means the Bail Bond Recovery Licensure Board created under Section 53-11-104. See Utah Code 53-11-102
  • Commissioner: means the commissioner of public safety as defined under Section 53-1-107, or his designee. See Utah Code 53-11-102
  • Department: means the Department of Public Safety. See Utah Code 53-11-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(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:

     (2)(a) one member shall be a person who is qualified for and is licensed under this chapter;
     (2)(b) one member shall be a person who is qualified for and is licensed under Title 53, Chapter 9, Private Investigator Regulation Act;
     (2)(c) one member shall be a an attorney licensed to practice in the state;
     (2)(d) one member shall be a chief of police or sheriff;
     (2)(e) one member shall be a supervisory investigator from the commissioner’s office;
     (2)(f) one member shall be an owner of a bail bond surety company;
     (2)(g) one member shall be an owner of a private investigator agency;
     (2)(h) one member shall be a public member who:

          (2)(h)(i) does not have a financial interest in a bail bond surety or bail bond recovery business;
          (2)(h)(ii) does not have a financial interest in a private investigative agency; and
          (2)(h)(iii) 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 or Title 53, Chapter 9, Private Investigator Regulation Act.
(3)

     (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).
     (3)(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:

     (6)(a) Section 63A-3-106;
     (6)(b) Section 63A-3-107; and
     (6)(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.