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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 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:
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).
BOARD OF EXAMINERS OF BAIL ENFORCEMENT AGENTS:
1.1 A bail enforcement agent (BEA) ID 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 bail enforcement agent BEA applying for an ID identification card, license and badge under 24 Del.C. Ch. 55 must also meet the following qualifications:
1.3 The individual bail enforcement agent BEA applying for licensure under 24 Del.C. Ch. 55 must submit the following for approval:
1.4 The ID identification cards, licenses and badges are the property of the Delaware State Police.
1.5 There shall be no reciprocity with any other state regarding the issuing of an ID identification card, license and badge to a bail enforcement agent BEA.
1.6.1 A fee of $50 shall be for the re-application of the ID card, license and badge, which shall be valid for another four (4) years.; and
1.7 Any person wishing to be licensed as a bail enforcement agent must show proof of current and valid sponsorship from a licensed bail enforcement agent that has been licensed, through 24 Del.C. Ch. 55, for at least five (5) consecutive years. Any individual seeking re-licensure within three (3) years after their expiration shall be required to take the current continuing education class before they can be re-instated. Any individual seeking re-licensure after three (3) years of their expiration shall be required to take the initial classroom training again.
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 Rule 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.
4.12 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). The initial qualification course may 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.
4.23 All In order to carry a firearm, individuals licensed to carry a firearm under 24 Del.C. Ch. 55 must shoot a minimum of three (3) qualifying shoots per calendar year, scheduled on at least two (2) separate days, with a minimum 90 days between scheduled shoots. Of these three (3), there will be one (1) mandatory "low light" shoot and may be combined with a day shoot. Two day shoots may shall not be completed on the same day date. Simulation is permitted. The initial qualification shoot may be used to fulfill one day and one low light requirement during the first year.
4.2.23.1 An individual not meeting the minimum qualifications set forth in 4.2 subsection 4.3 may have their firearms license suspended be suspended from carrying a firearm while acting in the performance of their duties as a BEA until such time that they meet the minimum three (3) qualifying shoots within the calendar year.
4.34 Only the handguns with the following calibers are permitted:
4.34.1 9mm;
4.34.2 .357;
4.34.3 .38;
4.34.4 .40; or
4.34.5 .45; or
4.45 All weapons must be either a revolver or semi-automatic and must be double-action or double-action only and must be maintained to factory specifications.
4.56 Under no circumstances will anyone under this Rule be allowed to carry any type of shotgun or rifle or any type of weapon that is not described herein.
4.67 All individuals must qualify meet the minimum qualifications set forth in subsection 4.3 with the same make/model/caliber of weapon that he/she will carry.
4.78 All ammunition will must be factory fresh (no re-loads).
4.89 The minimum passing score is 80%.
4.911 Firearms instructors providing instruction under Section 4.0:
4.911.1 Firearms instructors must be certified by the National Rifle Association, a law enforcement training and standards commission (i.e. C.O.P.T.), and/or another professional firearms training institution as a “certified firearms instructor”.
4.911.2 Firearms instructors are restricted to teaching and qualifying individuals according to the type of firearm matching their certification. (For example, a certified handgun instructor may only instruct and qualify individuals with the handgun.)
4.911.3 All firearms instructors must be approved by the Professional Licensing Section before they are authorized to instruct or qualify licensed individuals issued an ID card, license and badge under 24 Del.C. Ch. 55.
6.1 All individuals applying for licensure under 24 Del.C. Ch. 55 must complete a minimum of eight hours of training in the following 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 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 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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