58-93-303. Qualifications for licensure -- Bail bond agency.
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Effective 9/1/2026
58-93-303. Qualifications for licensure -- Bail bond agency.
(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.
Enacted by Chapter 44 , 2026 General Session