Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2015

Table of Contents Previous Next

Authenticated PDF Version

24 DE Admin. Code 5500
* Please Note: The submitted final regulation for 5500 Bail Enforcement Agents for the January 2015 issue of the Delaware Register of Regulations contained a citation error in subsection 9.2.1. The final regulation was published in the January 2015 issue of the Delaware Register of Regulations (18 DE Reg. 578). The corrected regulation is reprinted below. The effective date as to the amendments to 5500 Bail Enforcement Agents remains the same.
Pursuant to the Guidelines in 29 Del.C. §10118(a)(1)-(7), the Board of Examiners of Bail Enforcement Agents ("Board") hereby issues this Order. Following notice and a public hearing on the proposed adoption of amendments to:
10. The Board therefore adopts the amendment pursuant to 24 Del.C. §5503(d)(2) and guidelines of 29 Del.C. §10118 of the Administrative Procedures Act. See, Strauss v. Silverman, Del. Supr., 399 A.2d 192 (1979).
1.1 A bail enforcement agent ID card, license and badge shall not be issued if the applicant has not complied with the provisions set forth in 24 Del.C. Ch. 55 and the regulations set forth herein. Moreover, no license shall be issued if charges are pending under 24 Del.C. §5507.
1.2 The individual bail enforcement agent applying for an ID card, license and badge under 24 Del.C. Ch. 55 must also meet the following qualifications:
1.3 The individual bail enforcement agent applying for licensure under 24 Del.C. Ch. 55 must submit the following for approval:
2.1 No individual licensed under Title 24 Chapter 55 shall use any type of uniform or other clothing items displaying logos, badges, patches, or any other type of writing without first being approved by the Board of Examiners. Under no circumstances shall any item contain the seal or crest of the State of Delaware, any state of the United States, the seal or crest of any county or local sub division, or any facsimile of the aforementioned seals or crests.
6.1 All individuals applying for licensure under 24 Del.C. Ch. 55 must complete training in the following prior to the issuance of a license:
8.1 All bail enforcement agents BEA’s licensed under 24 Del.C. Ch. 55 are required to notify the police emergency 911 dispatch center for the appropriate jurisdiction prior to making any attempt at an apprehension. This notification must occur prior to responding to the address of the attempt.
8.2 Upon successful apprehension, if the bail enforcement agent BEA transports the subject to the law enforcement agency in the jurisdiction in which the apprehension occurred, transfer of custody to the law enforcement agency shall take place at that time.
8.2.1 A failure of a police agency to accept custody of the fugitive shall be immediately documented by the bail enforcement agent BEA and reported to the Board Professional Licensing Section.
8.3 Failure to follow the procedures as described in this section could result in the suspension or revocation of the bail enforcement agent BEA identification card, license, and badge and ID card.
Pursuant to 24 Del.C. §5511, anyone licensed under this chapter shall, excluding weekends and state holidays, notify the Director within 5 days of any arrest which could result in a misdemeanor or felony conviction. Failure to do so may result in the suspension or revocation of a license.
10.1 The Director of the Professional Licensing Section shall have the power to invoke the intent to suspend or revoke any individual, licensed issued an identification card, license and badge under Title 24 Chapter 55 that violates the Chapter or the promulgated Rules & Regulations.
10.2 The Director of the Professional Licensing Section may issue an intent to suspend or revoke any individual, licensed issued an identification card, license and badge under 24 Del.C. Ch. 55, that has been arrested and that arrest could result in the conviction of any misdemeanor or felony that violates the Chapter or the promulgated Rules and Regulations.
10.3 Any person individual whose identification card, license and badge has been suspended, revoked, rejected, or denied shall be granted a full hearing, by the Board at their next quarterly meeting, provided that the violating party requests such a hearing, in writing, to the Director of the Professional Licensing Section within 30 days of the suspension. Such person individual shall be entitled to an appeal of the Board's decision to the Department of Safety and Homeland Security if a written appeal is filed within ten (10) days from the date of the Board's decision.
11.1 For the purposes of 24 Del.C. Ch. 55, the Board may deny an application for a license or suspend or revoke a license if the applicant or licensee has been convicted of a misdemeanor crime involving moral turpitude. A misdemeanor crime involving moral turpitude includes, but is not limited to, the following crimes in the Delaware Code (or similar crimes under the laws of other jurisdictions):
No one licensed issued an identification card, license or badge under this chapter 24 Del.C. Ch. 55 shall be impaired, by drugs or alcohol, while performing the duties of a bail enforcement agent BEA.
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov