2006 Code of Virginia § 9.1-186.8 - Professional conduct standards; grounds for disciplinary actions

9.1-186.8. Professional conduct standards; grounds for disciplinary actions.

A. Any violations of the restrictions or standards under subsection B shallbe grounds for placing on probation, refusal to issue or renew, sanctioning,suspension or revocation of the bail enforcement agent's license. A licensedbail enforcement agent is responsible for ensuring that his employees,partners and individuals contracted to perform services for or on his behalfcomply with all of these provisions, and do not violate any of therestrictions that apply to bail enforcement agents. Violations by a bailenforcement agent's employee, partner or agent may be grounds fordisciplinary action against the bail enforcement agent, including probation,suspension, or revocation of license.

B. A licensed bail enforcement agent shall not:

1. Engage in any fraud or willful misrepresentation, or provide materiallyincorrect, misleading, incomplete or untrue information in applying for anoriginal license, or renewal of an existing license, or in submitting anydocuments to the Department.

2. Use any letterhead, advertising, or other printed matter in any mannerrepresenting that he is an agent, employee, or instrumentality of the federalgovernment, a state, or any political subdivision of a state.

3. Impersonate, permit or aid and abet any employee to impersonate, alaw-enforcement officer or employee of the United States, any state, or apolitical subdivision of a state.

4. Use a name different from that under which he is currently licensed forany advertising, solicitation, or contract to secure business unless the nameis an authorized fictitious name.

5. Coerce, suggest, aid and abet, offer promise of favor, or threaten anyperson to induce that person to commit any crime.

6. Give or receive, directly or indirectly, any gift of any kind to anynonelected public official or any employee of a governmental agency involvedwith the administration of justice, including but not limited tolaw-enforcement personnel, magistrates, judges, jail employees, andattorneys. De minimis gifts, not to exceed $50 per year per recipient, areacceptable, provided the purpose of the gift is not to directly solicitbusiness, or would otherwise be a violation of Department regulations or thelaws of the Commonwealth.

7. Knowingly violate, advise, encourage, or assist in the violation of anystatute, court order, or injunction in the course of conducting activitiesregulated under this chapter.

8. Solicit business for an attorney in return for compensation.

9. Willfully neglect to render to a client services or a report as agreedbetween the parties and for which compensation has been paid or tendered inaccordance with the agreement of the parties, but if the bail enforcementagent chooses to withdraw from the case and returns the funds for work notyet done, no violation of this section exists.

10. Fail to comply with any of the statutory or regulatory requirementsgoverning licensed bail enforcement agents.

11. Fail or refuse to cooperate with any investigation by the Department.

12. Fail to comply with any subpoena issued by the Department.

13. Employ or contract with any unlicensed or improperly licensed person oragency to conduct activities regulated under this article, if the licensurestatus was known or could have been ascertained by reasonable inquiry.

14. Solicit or receive a bribe or other consideration in exchange for failingto recover or detain a bailee.

C. The Department shall have the authority to place on probation, suspend orrevoke a bail enforcement agent's license if an agent is arrested or issued asummons for a criminal offense, or becomes the subject of a protective order.

(2004, c. 397.)