                                 CODE OF VIRGINIA

POWERS OF DEPARTMENT OF CRIMINAL JUSTICE SERVICES RELATING TO BAIL BONDSMEN (§
9.1-185.3)

A. In addition to the powers otherwise conferred upon it by law, the Department
may (i) charge each applicant for licensure a nonrefundable fee as established
by the Board to cover the costs of processing an application for licensure,
enforcement of the regulations, and other costs associated with the maintenance
of the program of regulation; (ii) charge nonrefundable fees for training,
processing school certifications and enforcement of training standards; (iii)
conduct investigations to determine the suitability of applicants for licensure;
and (iv) conduct investigations to determine if any disciplinary actions against
a licensed bondsman are warranted. For purposes of determining eligibility for
licensure, the Department shall require the applicant to provide personal
descriptive information to be forwarded, along with the applicant&#8217;s
fingerprints, to the Central Criminal Records Exchange for the purpose of
conducting a Virginia criminal history records search. The Central Criminal
Records Exchange shall forward the fingerprints and personal description to the
Federal Bureau of Investigation for the purpose of obtaining a national criminal
record check.

B. The Director or his designee may make an ex parte application to the circuit
court for the city or county wherein evidence sought is kept or wherein a
licensee does business for the issuance of a subpoena duces tecum in furtherance
of the investigation of a sworn complaint within the jurisdiction of the
Department or the Board to request production of any relevant records, documents
and physical or other evidence of any person, partnership, association or
corporation licensed or regulated by the Department pursuant to this article.
The court may issue and compel compliance with such a subpoena upon a showing of
reasonable cause. Upon determining that reasonable cause exists to believe that
evidence may be destroyed or altered, the court may issue a subpoena duces tecum
requiring the immediate production of evidence. Costs of the investigation and
adjudication of violations of this article or Board regulations may be
recovered. All costs recovered shall be deposited into the state treasury to the
credit of the Bail Bondsman Regulatory Fund. Such proceedings shall be brought
in the name of the Commonwealth by the Department in the circuit court of the
city or county in which the unlawful act occurred or in which the defendant
resides. The Director, or agents appointed by him, shall have the authority to
administer oaths or affirmations for the purpose of receiving complaints and
conducting investigations of violations of this article, or any regulation
promulgated hereunder and to serve process issued by the Department or the
Board.

HISTORY: 2004, c. 460.