State Codes and Statutes
Statutes > Virginia > Title-9-1 > Chapter-1 > 9-1-185-3§ 9.1-185.3. Powers of Department of Criminal Justice Services relating tobail bondsmen.
A. In addition to the powers otherwise conferred upon it by law, theDepartment may (i) charge each applicant for licensure a nonrefundable fee asestablished by the Board to cover the costs of processing an application forlicensure, enforcement of the regulations, and other costs associated withthe maintenance of the program of regulation; (ii) charge nonrefundable feesfor training, processing school certifications and enforcement of trainingstandards; (iii) conduct investigations to determine the suitability ofapplicants for licensure; and (iv) conduct investigations to determine if anydisciplinary actions against a licensed bondsman are warranted. For purposesof determining eligibility for licensure, the Department shall require theapplicant to provide personal descriptive information to be forwarded, alongwith the applicant's fingerprints, to the Central Criminal Records Exchangefor the purpose of conducting a Virginia criminal history records search. TheCentral Criminal Records Exchange shall forward the fingerprints and personaldescription to the Federal Bureau of Investigation for the purpose ofobtaining a national criminal record check.
B. The Director or his designee may make an ex parte application to thecircuit court for the city or county wherein evidence sought is kept orwherein a licensee does business for the issuance of a subpoena duces tecumin furtherance of the investigation of a sworn complaint within thejurisdiction of the Department or the Board to request production of anyrelevant records, documents and physical or other evidence of any person,partnership, association or corporation licensed or regulated by theDepartment pursuant to this article. The court may issue and compelcompliance with such a subpoena upon a showing of reasonable cause. Upondetermining that reasonable cause exists to believe that evidence may bedestroyed or altered, the court may issue a subpoena duces tecum requiringthe immediate production of evidence. Costs of the investigation andadjudication of violations of this article or Board regulations may berecovered. All costs recovered shall be deposited into the state treasury tothe credit of the Bail Bondsman Regulatory Fund. Such proceedings shall bebrought in the name of the Commonwealth by the Department in the circuitcourt of the city or county in which the unlawful act occurred or in whichthe defendant resides. The Director, or agents appointed by him, shall havethe authority to administer oaths or affirmations for the purpose ofreceiving complaints and conducting investigations of violations of thisarticle, or any regulation promulgated hereunder and to serve process issuedby the Department or the Board.
(2004, c. 460.)
