{"data":{"id":"us-ut/utah-code-58-93-101","jurisdiction":"us-ut","citation":"Utah Code § 58-93-101","heading":"Definitions.","body":"As used in this chapter:\n(1) \"Bail bond agency\" means an entity licensed under this chapter that operates a business to carry out the functions of a bail enforcement agent or bail recovery agent, and to conduct this business, the entity:\n(a) employs a qualifier;\n(b) employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or\n(c) contracts with a bail enforcement agent, bail recovery agent, or bail recovery apprentice on a part-time or case-by-case basis.\n(2) \"Bail enforcement agent\" means an individual:\n(a) licensed under this chapter as a bail enforcement agent to:\n(i) enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding;\n(ii) apprehend a defendant or surrender a defendant to custody; or\n(iii) conduct an act described in Subsection (2)(a)(i) or (ii), as appropriate; and\n(b) who:\n(i) is appointed by a bail bond surety; and\n(ii) receives or is promised consideration for the individual's service.\n(3) \"Bail enforcement professional\" means a person licensed under this chapter.\n(4) \"Bail recovery agent\" means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:\n(a) presenting a defendant for required court appearances;\n(b) apprehending or surrendering a defendant to a court; or\n(c) keeping the defendant under necessary surveillance.\n(5) \"Bail recovery apprentice\" means an individual licensed under this chapter as a bail recovery apprentice who:\n(a) is an employee of a licensed bail enforcement agent or bail recovery agent;\n(b) is adequately supervised by rules the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;\n(c) may wear an article of clothing that conspicuously displays on the chest and the back of the article of clothing lettering that clearly identifies the licensee as a bail enforcement or recovery agent; and\n(d) may not:\n(i) advertise bail recovery services;\n(ii) provide bail recovery services directly to a member of the public; or\n(iii) employ or hire a bail enforcement agent, a bail recovery agent, or a bail recovery apprentice.\n(6) \"Board\" means the Security Services Licensing Board created under Section 58-63-201.\n(7) \"Control position\" means an individual that exercises direct or indirect control over a business entity regardless of form.\n(8)\n(a) \"Conviction\" means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea.\n(b) \"Conviction\" includes the following, regardless of whether the imposition of sentence was suspended:\n(i) a plea of no contest or nolo contendere;\n(ii) a plea in abeyance; or\n(iii) an Alford plea.\n(9) \"D.B.A.\" means the same as that term is defined in Section 42-2-101.\n(10) \"Occupied structure\" means a building, vehicle, or other structure that could reasonably be expected to house or shelter persons.\n(11) \"Qualifier\" means an individual who:\n(a) holds a control position of a licensee under this chapter;\n(b) has satisfied the requirements to obtain a license under this chapter including possessing all necessary training and experience;\n(c) meets any additional license requirements the division establishes by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and\n(d)\n(i) is collectively and individually liable with the licensee for compliance with this chapter; and\n(ii) may be held fully responsible for a violation under this chapter, regardless of the liability of another person.","path":["Title 58 Occupations and Professions","Chapter 58-93 Bail Bond Licensing Act","Part 58-93-1 General Provisions"],"source_url":"https://le.utah.gov/xcode/Title58/Chapter93/58-93-S101.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"3c00263b7610b555792e329a913b983072df3a43e8dbdf00acca34bffc436237","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-58-92-601","next":"us-ut/utah-code-58-93-102"},"notice":"GroundRules: Original legal text. Not legal advice."}
