Oklahoma § 59-1350.9 - Qualifications - Publication of address - Liability

§ 59-1350.9. Qualifications - Publication of address - Liability

insurance.

A. Except as prohibited by Section 1350.3 of this title, a bail

enforcer license or an armed bail enforcer license may be issued to

an applicant meeting the following qualifications. The applicant

shall:

1. Be a citizen of the United States or an alien legally

residing in the United States and have a minimum of six (6) months

legal residence documented in this state;

2. Be at least twenty-one (21) years of age;

3. Have a high school diploma or GED, or offer proof sufficient

to CLEET of equivalent GED qualifications, and have successfully

completed the training and psychological evaluation requirements for

the license applied for, as prescribed by the Council on Law

Enforcement Education and Training;

4. Have no final victim protection orders issued in any state

as a defendant;

Oklahoma Statutes - Title 59. Professions and Occupations

5. Have no record of a felony conviction or any expungement or

a deferred judgment or suspended sentence for a felony offense,

unless at least fifteen (15) years have passed since the completion

of the sentence and no other convictions have occurred or are

pending. Provided, no person convicted of a felony offense shall be

eligible for an armed bail enforcer license;

6. Have no record of conviction for assault or battery,

aggravated assault or battery, larceny, theft, false pretense,

fraud, embezzlement, false personation of an officer, any offense

involving a minor as a victim, any nonconsensual sex offense, any

offense involving the possession, use, distribution, or sale of a

controlled dangerous substance, any offense of driving while

intoxicated or driving under the influence of intoxicating

substance, any offense involving a firearm, or any other offense as

prescribed by the Council.

a.

If any conviction which disqualifies an applicant

occurred more than five (5) years prior to the

application date and the Council is convinced the

offense constituted an isolated incident and the

applicant has been rehabilitated, the Council may, in

its discretion, waive the conviction disqualification

as provided for in this paragraph and issue an unarmed

bail enforcer license, but shall not issue an armed

bail enforcer license if the offense involved the use

of a firearm, was violent in nature, or was a felony

offense other than a driving offense.

b.

Under oath, the applicant shall certify that he or she

has no disqualifying convictions as specified in the

Bail Enforcement and Licensing Act or by rule of the

Council, or that more than five (5) years have lapsed

since the completion of the sentence for a

disqualifying conviction.

c.

The applicant shall further meet all other

qualifications, including, but not limited to, the

requirement to provide CLEET and the Oklahoma State

Bureau of Investigation with individual fingerprints

for a state and national criminal history records

search and a current individual photograph with the

completed CLEET application for a bail enforcer

license.

d.

If upon completion of the required background

investigation it is discovered that a disqualifying

conviction exists, the Council shall immediately

revoke or deny the bail enforcer license of the

applicant;

7. Make a statement that the applicant is not currently

undergoing treatment for a mental illness, condition, or disorder,

Oklahoma Statutes - Title 59. Professions and Occupations

make a statement whether the applicant has ever been adjudicated

incompetent or committed to a mental institution, and make a

statement regarding any history of illegal drug use or alcohol

abuse. Upon presentation by the Council of the name, gender, date

of birth, and address of the applicant to the Department of Mental

Health and Substance Abuse Services, the Department of Mental Health

and Substance Abuse Services shall notify the Council within ten

(10) days whether the computerized records of the Department

indicate the applicant has ever been involuntarily committed to an

Oklahoma state mental institution. For purposes of this subsection,

"currently undergoing treatment for a mental illness, condition, or

disorder" means the person has been diagnosed by a licensed

physician or psychologist as being afflicted with a substantial

disorder of thought, mood, perception, psychological orientation, or

memory that significantly impairs judgment, behavior, capacity to

recognize reality, or ability to meet the ordinary demands of life

and such condition continues to exist;

8. Make a statement regarding any misdemeanor domestic violence

charges;

9. Provide proof of liability insurance or an individual bond

in a minimum amount established by the Bail Enforcement and

Licensing Act; and

10. Provide a statement of self-employment as a sole proprietor

bail enforcer.

B. 1. A bail enforcer shall be required to maintain a physical

address and phone number publically available and published in the

city or county where the physical address is located. Only a

licensed bail enforcer may accept a client contract to perform the

services of a bail enforcer.

2. A licensed bail enforcer shall be required to maintain

complete records of all clients, defendants and apprehensions, and

agree such records shall be available to CLEET for inspection at any

time during regular business hours.

C. 1. All bail enforcers shall obtain and maintain either a

liability insurance policy or a surety bond that allows persons to

recover for actionable injuries, loss, or damage as a result of the

willful, or wrongful acts or omissions of the licensee and protects

this state, its agents, officers and employees from judgments

against the licensee, and is further conditioned upon the faithful

and honest conduct of the licensee.

2. The liability insurance policy or surety bond required in

this subsection shall be in the minimum amount of Ten Thousand

Dollars ($10,000.00).

3. Liability insurance policies or bonds issued pursuant to

this subsection shall not be modified or canceled unless ten (10)

days' prior written notice is given to the Council. All persons

insured or bonded pursuant to this subsection shall be insured by an

Oklahoma Statutes - Title 59. Professions and Occupations

insurance carrier or bonded by a surety company licensed and

authorized to do business in the state. Failure to obtain and

maintain sufficient liability insurance or bond as provided in the

Bail Enforcement and Licensing Act shall be grounds for revocation

of a license.

D. Upon written notice, any license may be placed on inactive

status.

Added by Laws 2013, c. 407, § 10, eff. Nov. 1, 2013. Amended by

Laws 2014, c. 373, § 5, eff. July 1, 2014; Laws 2019, c. 363, § 48,

eff. Nov. 1, 2019.