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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2018


Regulatory Flexibility Act Form

Authenticated PDF Version

24 DE Admin. Code 5500
Notice is hereby given that the Board of Examiners of Bail Enforcement Agents, in accordance with 24 Del.C. Ch. 55 proposes to amend the following adopted rules in 24 DE Admin. Code 5500 Bail Enforcement Agents: Rule 5.0 Baton, Nightstick, PR24, Chemical Spray, and Handcuffs. If you wish to view the complete Rule, contact Ms. Peggy Anderson at (302) 672-5304. Any persons wishing to present views may submit them in writing, by April 2, 2018, to Delaware State Police, Professional Licensing Section, P. O. Box 430, Dover, DE 19903. The Board will hold its quarterly meeting Thursday, May 17, 2018, 10:00am, at the Tatnall Building, 150 Martin Luther King, Jr. Boulevard South, Room 112, Dover, DE.
1.1 A bail enforcement agent (BEA) identification 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 identification card, license and badge shall be issued if charges are pending under 24 Del.C. §5507.
1.2 The individual BEA applying for an identification card, license and badge under 24 Del.C. Ch. 55 must also meet the following qualifications:
1.3 The individual BEA applying for licensure under 24 Del.C. Ch. 55 must submit the following for approval:
2.1 No individual licensed under 24 Del.C. Ch. 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. 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.
2.1.1 All BEA’s shall at all times during the lawful performance of their duties pursuant to 24 Del.C. Ch. 55 and the regulations set forth herein use or display the following:
4.1 Section 4.0 shall apply only to individuals licensed under 24 Del.C. Ch. 55, while such individuals are acting in the performance of their duties as a BEA.
4.2 No individual licensed under 24 Del.C. Ch. 55 shall carry a firearm unless that individual has first passed an approved firearms course of instruction and an initial qualification administered by an approved 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). If waived, they must show proficiency and qualify a day and low light shoot with an approved firearms instructor. The initial qualification course shall be used to fulfill one day and one low light requirement during the first year; however an additional day shoot must be completed at least 90 days after the date of initial certification, within the calendar year.
4.3 In order to open carry a firearm while in the performance of their duties, individuals licensed to carry a firearm under 24 Del.C. Ch. 55 must shoot a minimum of three qualifying shoots per calendar year, scheduled on at least two separate days, with a minimum 90 days between scheduled day shoots. Of these three, there will be one mandatory "low light" shoot which may be combined with a day shoot. Two day shoots shall not be completed on the same date. These qualifying shoots will be administered by an approved firearms instructor.
4.11.1 An individual may not change weapons after September 30th, of the current calendar year, without prior approval of the Director of Professional Licensing, after submitting a request to the Professional Licensing Section. If approval is granted, the individual must be certified and submit certification of a day and low light qualification to the Professional Licensing Section prior to carrying the weapon.
5.1 Anyone licensed under 24 Del.C. Ch. 55 wishing to carry law enforcement style batons, inflammatory agent sprays, chemical sprays, and handcuffs, while in the performance of their duties as a BEA under 24 Del.C. Ch. 55, must have completed a training program on each and every weapon/item. The carrying of these weapons/items is only authorized after the BEA completes the appropriate training program with a certified instructor as required by the manufacture of the weapon/item and all certification and re-certifications are provided to the Professional Licensing Section.
5.1.2 Any person registered in 24 Del.C. Ch. 55 who fails to provide a valid certification for any of the above weapons, if carried while in the performance of their duties as a BEA under 24 Del.C. Ch. 55, will be subject to disciplinary actions consistent with the law.
6.1 All individuals applying for licensure under 24 Del.C. Ch. 55 must complete a minimum of eight hours of training in 6.1.1 prior to the issuance of an identification card, license and badge. This initial eight hours will fulfill the first year of the required continuing education. Must pass the test with a minimum score of 75%. Any failed test may be taken again within two weeks of the class. A second failed test will require the individual to take the classroom training again at the next scheduled class.
8.1 All BEA’s licensed under 24 Del.C. Ch. 55 are required to notify the Public Safety Answering Point (PSAP) for the appropriate jurisdiction prior to making any attempt at an apprehension or surveillance. This notification must occur prior to responding to the address of the attempt/surveillance. Notification shall be made to the same PSAP when clearing the address of the attempt/surveillance. If notification cannot be made to the PSAP of jurisdiction, the BEA shall contact the Regional Center for the County - Recom, Kentcom, or Suscom.
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 Director of the Professional Licensing Section may deny an application, suspend, or revoke 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):
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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