                                 CODE OF VIRGINIA

PROFESSIONAL CONDUCT STANDARDS; GROUNDS FOR DISCIPLINARY ACTIONS (§ 9.1-186.8)

A. Any violations of the restrictions or standards under subsection B shall be
grounds for placing on probation, refusal to issue or renew, sanctioning,
suspension or revocation of the bail enforcement agent&#8217;s license. A
licensed bail enforcement agent is responsible for ensuring that his employees,
partners and individuals contracted to perform services for or on his behalf
comply with all of these provisions, and do not violate any of the restrictions
that apply to bail enforcement agents. Violations by a bail enforcement
agent&#8217;s employee, partner or agent may be grounds for disciplinary 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 materially
   incorrect, misleading, incomplete or untrue information in applying for an
   original license, or renewal of an existing license, or in submitting any
   documents to the Department.

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

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

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

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

   6. Give or receive, directly or indirectly, any gift of any kind to any
   nonelected public official or any employee of a governmental agency involved
   with the administration of justice, including but not limited to
   law-enforcement personnel, magistrates, judges, jail employees, and attorneys.
   De minimis gifts, not to exceed $50 per year per recipient, are acceptable,
   provided the purpose of the gift is not to directly solicit business, or would
   otherwise be a violation of Department regulations or the laws of the
   Commonwealth.

   7. Knowingly violate, advise, encourage, or assist in the violation of any
   statute, court order, or injunction in the course of conducting activities
   regulated 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 agreed
   between the parties and for which compensation has been paid or tendered in
   accordance with the agreement of the parties, but if the bail enforcement
   agent chooses to withdraw from the case and returns the funds for work not yet
   done, no violation of this section exists.

   10. Fail to comply with any of the statutory or regulatory requirements
   governing 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 or
   agency to conduct activities regulated under this article, if the licensure
   status was known or could have been ascertained by reasonable inquiry.

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

C. The Department shall have the authority to place on probation, suspend or
revoke a bail enforcement agent&#8217;s license if an agent is arrested or
issued a summons for a criminal offense, or becomes the subject of a protective
order.

HISTORY: 2004, c. 397.