Delaware § 5507 - Licensing.

§ 5507. Licensing.

(a) The promulgated rules and regulations shall implement the provisions of this chapter regarding the licensure and registration of bail enforcement agents, which may include the term of a license or registration and the qualifications of a licensee, and may charge a fee not to exceed $500 for each application for licensure and each renewal of an existing license.

(b) The Board shall determine all licensing fees to be assessed under this chapter, including application and renewal fees not to exceed the maximum fee permitted in subsection (a) of this section, except as otherwise set forth in this chapter. All fees and fines collected shall be deposited into the Bail Enforcement Regulatory Fund, which Fund shall be a revolving fund and moneys into the Fund shall not revert to the State General Fund. The funds shall be used to defray all expenses incurred in its administration of this chapter, including, but not limited to, background investigations, criminal history investigations and fingerprinting of an applicant and any investigation of any charge made against a licensee.

(c) No person shall be issued a license pursuant to this chapter unless that person submits their name, Social Security number, age, race, sex, date of birth, height, weight, hair and eye color, address of legal residence and such other information as may be necessary to obtain a report of the applicant’s entire criminal history record from the State Bureau of Identification and a report of the applicants entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544.

(d) An applicant, to be licensed under this chapter as a bail enforcement agent, must meet and maintain the following requirements:

(1) Must be at least 21 years of age;

(2) Must not have been convicted of any felony;

(3) Must not have been convicted of any misdemeanor involving moral turpitude or any charge or been involved in any conduct that may impair the performance of the bail enforcement agent and endanger public safety as determined by the Professional Licensing Section;

(4) Must not have been convicted of any misdemeanor involving the act of theft within the last 7 years;

(5) Must not have been convicted of any misdemeanor involving drug offenses within the last 7 years;

(6) Must not have been, as a juvenile, adjudicated as delinquent for conduct which, if committed by an adult, would constitute a felony, unless and until that person has reached their twenty-fifth birthday;

(7) Must not have been convicted, within the last 7 years, of any 2 of the following misdemeanors: offensive touching or assault III;

(8) Must not have been convicted of any offense involving the impersonation of a police officer or a person of trust as defined in Title 11;

(9) Must not have been convicted of any criminal offense involving organized gang activity as defined in Title 11;

(10) If served in the armed forces, must not have received a dishonorable discharge;

(11) Must not be a member or employee of any law-enforcement organization, as defined by the Police Officer Standards and Training Commission, or a member or employee of a law-enforcement organization of any other state or federal jurisdiction;

(12) Must meet and maintain the qualifications set and approved by the Board pursuant to this chapter and the rules and regulations as promulgated by the Board and approved by the Secretary of Safety and Homeland Security.

(e) Any person whose license has been suspended, revoked, denied or has been imposed a civil penalty, pursuant to § 5515 of this title, is entitled to a hearing before the Board.

(f) The Board may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of licensing any individual pursuant to this chapter.

(g) An applicant seeking renewal of their license, under this chapter as a bail enforcement agent, must meet and maintain the requirements pursuant to subsection (d) of this section.

73 Del. Laws, c. 194, §  1;  74 Del. Laws, c. 110, §  138;  76 Del. Laws, c. 398, §  3;  77 Del. Laws, c. 457, §  4;  84 Del. Laws, c. 149, § 1;