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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2014

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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 4.0 - Firearms Policy, and Rule 5.0 – Nightstick, PR24, Mace, Peppergas, Chemical Spray, and Handcuffs, 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).
To carry the above weapons/items, a bail enforcement agent must have completed training, by a Professional Licensing Section approved instructor on each and every weapon/item carried. Proof of training, and any renewal training, must be provided to the Professional Licensing Section. Under no circumstances would a person be permitted to carry any other type weapon/item, unless first approved by the Professional Licensing Section.
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 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.
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 Professional Licensing Section shall have the power to suspend or revoke any individual, licensed under Title 24 Chapter 55 that violates the Chapter or the promulgated Rules & Regulations.
10.2 The Professional Licensing Section may suspend or revoke any individual, licensed under 24 Del.C. Ch. 55, that has been arrested and that arrest could result in the conviction of any misdemeanor or felony.
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):
Last Updated: December 31 1969 19:00:00.
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