Okla. Admin. Code § 390:60-5-1

Current through Vol. 41, No. 24, September 3, 2024

Section 390:60-5-1 - Bail Enforcer applicant requirements

(a) Applicants for a License issued pursuant to the Act must:

(1) Be a citizen of the United States or an alien legally residing in the United States and have a minimum of six (6) months legal residence documented in this state;

(2) Be at least twenty-one (21) years of age;

(3) Provide proof of a high school diploma, GED or equivalent as recognized by state law, and proof of successful completion of the training and psychological evaluation requirements for the license applied for, and related testing, as prescribed by CLEET;

(4) Be of good moral character;

(5) Have no final victim protection orders issued in any state in which applicant is the respondent / defendant;

(6) Have no record of a felony conviction or any expungement or a deferred judgment or suspended sentence for a felony offense;

(A) If the applicant is the defendant in a criminal prosecution that is pending, no license will be issued until final resolution of the criminal prosecution.

(B) If the applicant is the subject of an Order Deferring Imposition of Judgment and Sentence, no license will be issued until completion of the deferred sentence and dismissal of the criminal prosecution without a finding of guilt.

(C) If the Applicant was convicted of a felony, and the sentence was completed more than fifteen (15) years prior to the date of application, and the Applicant otherwise meets the licensing requirements, a Bail Enforcer License may be issued, but an Armed Bail Enforcer License may not be issued to the Applicant. The Applicant must supply all documentation required by CLEET.

(7) Have no record of conviction for assault or assault and battery, aggravated assault and battery, larceny, theft, false pretense, fraud, embezzlement, false impersonation of an officer, any offense involving moral turpitude, any offense involving a minor as a victim, any nonconsensual sex offense, any offense involving the possession, use, distribution, or sale of a controlled dangerous substance, any offense of driving while intoxicated or driving under the influence of intoxicating substance, any offense involving a firearm, or any other offense as prescribed by the Council.

(b) If an applicant was convicted of a disqualifying crime, and the sentence was completed more than five (5) years prior to the application date and the Council is convinced the offense constituted an isolated incident and the applicant has been rehabilitated, the Council may, in its discretion, waive the conviction disqualification as provided for in this paragraph and issue an unarmed Bail Enforcer license, but shall not issue an armed Bail Enforcer license if the offense involved the use of a firearm, was violent in nature, or was a felony offense other than a driving offense. The passage of five (5) years from completion of the sentence does not mean that the applicant is entitled to a license. The decision on whether the disqualifying conviction is waived is within the sole discretion of CLEET. The applicant must supply all documentation required by CLEET for consideration of a possible waiver.

(c) If it is discovered that a disqualifying conviction exists, the Council shall immediately revoke or deny any license;

(d) The applicant shall certify that the applicant has no disqualifying convictions as specified in the Bail Enforcement and Licensing Act or by CLEET rule, or must disclose the disqualifying convictions and state that more than five (5) years have lapsed since the completion of the sentence for a disqualifying conviction.

(e) The applicant must submit fingerprints in the manner and form directed by CLEET for a state and national criminal history records search.

(f) The applicant must submit an acceptable digital photograph with the completed CLEET application.

(g) The applicant must provide certified copies of all court documents showing the disposition of any criminal charges. If no certified copies are available, the applicant must provide a 'no records letter' from the appropriate court. Obtaining and providing certified copies is the responsibility of the applicant.

(h) The applicant must affirm that the applicant is not currently undergoing treatment for a mental illness, condition, or disorder.

(i) The applicant must state whether the applicant has ever been adjudicated incompetent or committed to a mental institution.

(j) The applicant must state whether the applicant has any history of illegal drug use or alcohol abuse.

(k) Upon presentation by the Council of the name, gender, date of birth, and address of the applicant to the Department of Mental Health and Substance Abuse Services, the Department of Mental Health and Substance Abuse Services shall notify the Council within ten (10) days whether the computerized records of the Department indicate the applicant has ever been involuntarily committed to an Oklahoma state mental institution.

(l) The applicant must state whether the applicant has ever been charged with any misdemeanor domestic violence offense.

(m) The applicant must provide proof of liability insurance or an individual bond in a minimum amount established by the Bail Enforcement and Licensing Act.

(n) The applicant must provide a statement of self-employment as a sole proprietor Bail Enforcer.

(o) The applicant must complete all the training requirements, and pass the appropriate examinations related to training.

(p) The submission of the Application through CLEET's online portal shall be considered an attestation that the Applicant has read these Rules, and agrees to obey these Rules.

(q) In addition to the requirements listed above, Applicants for an Armed Bail Enforcer license must provide with the application:

(1) Proof of successful completion of the firearms phase of private security / private investigator / Bail Enforcer training;

(2) An original document showing completion of a certified Taser training course;

(3) An original document showing completion of a certified stun gun training course;

(4) An original document showing completion of a certified noxious substance training course.

(r) A copy of every license issued under this chapter shall be posted conspicuously in the Licensee's place of business in this state.

(s) Bail Enforcer licenses are not transferrable.

(t) Any changes in Bail Enforcer information shall be provided to CLEET in writing within ten (10) days of the effective date of the change. Notice of changes of Licensee information will not be accepted over the phone.

Okla. Admin. Code § 390:60-5-1

Adopted by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 8/25/2024