                                 CODE OF VIRGINIA

POWERS OF DEPARTMENT RELATING TO BAIL ENFORCEMENT AGENTS (§ 9.1-186.3)

A. In addition to the powers otherwise conferred upon it by law, the Department
may charge each applicant for licensure or licensee a nonrefundable fee as
established by the Board to (i) 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) cover the costs of bail recovery
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 bail enforcement agent 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 Enforcement Agent 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. 397.