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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2015

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24 DE Admin. Code 5500
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 Rule 7.0 - Continuing Education and Training, and Rule 11.0 - Criminal Offenses, the Board makes the following Findings and Conclusions:
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.
4.1 No individual licensed under 24 Del.C. Ch. 55 shall carry a firearm unless the individual has first passed an approved firearms course of instruction and an initial qualification administered by an approved certified firearms instructor. The course of instruction shall include a minimum 40 hours of training. The Professional Licensing Section may waive the 40 hour training requirement depending upon the applicant’s professional credentials, training and/or work experience (i.e. prior law enforcement).
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:
7.1 Continuing education/training shall be 32 hours every four (4) years with the breakdown being eight (8) hours per year, which must include at least two (2) hours each year in training on the use of deadly force every year. Odd years will be done by completing an on-line modular and test through Delaware Technical Community College (DTCC). Even years will be eight hours of classroom training through DTCC.
7.3 Failure to have complete the eight hours of training every year shall be grounds for suspension or revocation of a current identification card, license and badge or the rejection of a renewal application. Any licensed Bail Enforcement Agent (BEA) not obtaining the continuing education for a given year by the last class offered shall be placed on emergency suspension immediately. Once the continuing education class has been taken for the following year, Professional Licensing may administratively re-instate the BEA. Any training missed, or not completed, by a BEA must be completed before the emergency suspension may be administratively lifted. On-line training must be made up on-line and classroom instruction must be made up in person in the classroom. Notwithstanding the foregoing, the Board may consider extenuating circumstances for reinstatement at its discretion.
8.1 All 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.
10.2 The Director of the Professional Licensing Section may issue an intent to suspend or revoke any individual 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.
11.1 For the purposes of 24 Del.C. Ch. 55, the Board Director of the Professional Licensing Section may deny an application, for a license or suspend, or revoke a an identification card, license and badge 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):
11.1.1 Title 11 Crimes and Criminal Procedures Ch. 5 Specific Offenses: §763 Sexual harassment; §764 Indecent exposure in the second degree; §765 Indecent exposure in the first degree; §766 Incest; §767 Unlawful sexual contact in the third degree; §781 Unlawful imprisonment in the second degree; §840 Shoplifting; §861 Forgery; §871 Falsifying Business Records §881 Bribery §907 Criminal Impersonation §1101 Abandonment of a Child; §1102 Endangering the Welfare of a Child; §1105 Endangering the Welfare of an Incompetent Person Crime Against a Vulnerable Adult; §1106 Unlawfully Dealing with a Child; §1107 Endangering Children; §1245 Falsely Reporting an Incident; §1341 Lewdness; §1342 Prostitution; §1343 Patronizing a Prostitute; and §1355 Permitting Prostitution
11.1.2 Title 16 Health and Safety Ch. 11 Nursing Facilities and Similar Facilities §1166 Patient Neglect or Abuse §1136 Violations.
11.1.3 Title 31 Welfare Ch. 39 Adult Protective Services: §3913 Abuse/Neglect/Exploitation/Mistreatment of an Infirm Adult Violations.
No one issued an identification card, license or badge under 24 Del.C. Ch. 55 shall be impaired, by drugs or alcohol, while performing the duties of a BEA.
Last Updated: December 31 1969 19:00:00.
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