State Codes and Statutes
Statutes > Virginia > Title-9-1 > Chapter-1 > 9-1-186-3§ 9.1-186.3. Powers of Department relating to bail enforcement agents.
A. In addition to the powers otherwise conferred upon it by law, theDepartment may charge each applicant for licensure or licensee anonrefundable fee as established by the Board to (i) cover the costs ofprocessing an application for licensure, enforcement of the regulations, andother costs associated with the maintenance of the program of regulation;(ii) cover the costs of bail recovery training, processing schoolcertifications and enforcement of training standards; (iii) conductinvestigations to determine the suitability of applicants for licensure and(iv) conduct investigations to determine if any disciplinary actions againsta licensed bail enforcement agent are warranted. For purposes of determiningeligibility for licensure, the Department shall require the applicant toprovide personal descriptive information to be forwarded, along with theapplicant's fingerprints, to the Central Criminal Records Exchange for thepurpose of conducting a Virginia criminal history records search. The CentralCriminal 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 Enforcement Agent Regulatory Fund. Such proceedingsshall be brought in the name of the Commonwealth by the Department in thecircuit court of the city or county in which the unlawful act occurred or inwhich the defendant resides. The Director, or agents appointed by him, shallhave the 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. 397.)
