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					                                    EMERGENCY REGULATIONS

      TITLE 6. CRIMINAL JUSTICE AND                                   "Agent" means a licensed bail b ondsman who is in the
                                                                      employment of another licensed b ail b ondsman
               CORRECTIONS
                                                                      "Armed" means a bail b ondsman who carries or has
                                                                      immediate access to a firearm in the performance of his
       CRIMINAL JUSTICE S ERVI CES BOARD                              duties.
Title of Regulation: 6 VAC 20-250. Regulations Relating to            "Bail b ondsman" means any person who is licensed b y the
Property and Surety Bail Bondsmen (adding 6 VAC 20-                   Department who engages in the business of bail b onding and
250-10 through 6 VAC 20-250-360).                                     is thereb y authorized to conduct b usiness in all courts of the
                                                                      Commonwealth.
Statutory Authority: §§ 9.1-102 and 9.1-185.2 of the Code of
Virginia.                                                             "Board" means the Criminal Justice Services Board or any
                                                                      successor b oard or agency.
Effective Dates: July 1, 2005 through June 30, 2006.
                                                                      "Certificate" means a certificate issued b y a judge on or
Agency Contact: Lisa McGee, Regulatory Program Manager,
                                                                      before June 30, 2005, pursuant to former § 19.2-152.1.
Department of Criminal Justice Services, 805 East Broad
Street, Richmond, VA 23219, telephone (804) 371-2419, FAX             "Certified Training School" means a training school, which is
(804) 786-6344, or e-mail lisa.mcgee@dcjs.virginia.gov.               certified by the Department for the specific purpose of training
                                                                      regulated personnel in at least 1 category of the compulsory
Preamble:
                                                                      minimum training standards.
  The b oard and the department are required b y § 9.1-102
                                                                      "Combat loading" means tactical loading of shotgun while
  (47) to "License and regulate property bail bondsmen and
                                                                      maintaining coverage of threat area.
  surety b ail b ondsmen in accordance with Article 11 (§ 9.1-
  185 et seq.) of this chapter" (effective July 1, 2005).             "Department" or "DCJS" means the Department of Criminal
  Pursuant to § 9.1-185.2, "The board shall adopt regulations         Justice Services or any successor agency.
  that are necessary to ensure respectab le, responsible, safe
  and effective b ail bonding within the Commonwealth."               "Employing b ail b ondsman" means a licensed bail bondsman
  Applicants for licensure are permitted to submit applications       who employs another licensed bail bondsman.
  on May 1, 2005. The licensure process will require that an          "Employee b ail b ondsman" means a licensed bail bondsman
  individual submit his fingerprints to conduct a national and        who is in the employment of another licensed b ail b ondsman.
  Virginia criminal history records search and complete
  compulsory       minimum     training   requirements. The           "Firearm endorsement" means a method of regulation, which
  regulations should be in place b y May 1, 2005. Emergency           identifies a person licensed as a bail b ondsman who has
  regulations are promulgated pursuant to the third                   successfully completed the annual firearms training and has
  enactment of Chapter 460 of the 2004 Acts of Assembly,              met the requirements as set forth in this regulation.
  which require the department to promulgate regulations              "Licensee" means a licensed b ail b ondsman.
  within 280 days of the enactment of Chapter 460.
                                                                      "On duty" means the time during which bail bondsmen
  The regulation estab lishes a licensure process to include a        receive or are entitled to receive compensation for
  fingerprint b ased background check, licensure fees,                employment for which licensure is required.
  compulsory minimum entry-level training standards, and
  administration of the regulatory system. It authorizes the          "Property b ail bondsman" means a person pursuant to this
  department to receive complaints concerning the conduct             article who, for compensation, enters into a bond or b onds for
  of any person whose activities are monitored b y the b oard,        others, whether as a principal or surety, or otherwise pledges
  to conduct investigations, to issue disciplinary action, and        real property, cash or certificates of deposit issued b y a
  to revoke, suspend, and refuse to renew a license. These            federally insured institution, or any combination thereof as
  procedures are established to ensure respectable,                   security for a b ond as defined in § 19.2-119 that has b een
  responsib le, safe and effective b ail b onding in the              posted to assure performance of terms and conditions
  Commonwealth.                                                       specified b y order of an appropriate judicial officer as a
                                                                      condition of b ail.
  A pub lic hearing will be held during the promulgation
  process. Participation from individuals will be strongly            "Surety bail bondsman" means a person licensed pursuant to
  encouraged.                                                         this article who is also licensed b y the State Corporation
                                                                      Commission as a property and casualty insurance agent, and
                         PART I.                                      who sells, solicits, or negotiates surety insurance as defined
                       DEFINITIONS.                                   in § 38.2-121 on b ehalf of insurers licensed in the
6 VAC 20-250-10. Definitions.                                         Commonwealth, pursuant to which the insurer b ecomes
                                                                      surety on or guarantees a b ond, as defined in § 19.2-119, that
The following words and terms when used in this regulation            has b een posted to assure performance of terms and
shall have the following meanings, unless the context clearly         conditions specified b y order of an appropriate judicial officer
indicates otherwise:                                                  as a condition of b ail.



Volume 21, Issue 21                              Virginia Register of Regulations                     Monday, June 27, 2005
                                                                  1
Emergency Regulations
                           PART II.                                     5. Have successfully completed all initial training
                            FEES.                                       requirements, including firearms endorsement if applicable,
                                                                        requested pursuant to the compulsory minimum training
6 VAC 20-250-20. Fees.                                                  standards in Part IV of this regulation.
A. Schedule of fees. The fees listed below reflect the costs of       B. The following persons are not eligible for licensure as b ail
handling, issuance, and production associated with                    bondsmen and may not b e employed nor serve as the agent
administering and processing applications for licensing and           of a b ail b ondsman:
other administrative requests for services relating to b ail
bonding services.                                                       1. Persons who have been convicted of a felony within the
                                                                        Commonwealth, any other state, or the United States, who
                                                                        have not b een pardoned, or whose civil rights have not
 Categories                                      Fees
                                                                        been restored;
 Initial b ail b ondsman license                 $900.00
                                                                        2. Employee, spouse of an employee or residing in the
 Bail b ondsman license renewal (Bi-annually)    $900.00
                                                                        same household of an employee of a local or regional jail;
 Firearms endorsement (Annually)                 $10.00
                                                                        sheriff's office; state or local police Department; persons
 Fingerprint card processing                     $50.00
                                                                        appointed as conservators of the peace pursuant to Article
 Replacement photo identification                $15.00
                                                                        4.1 (§ 9.1-150.1 et seq.) of this chapter; an office of an
 Partial Training Exemption                      $25.00
                                                                        attorney for the Commonwealth; Department of
B. Dishonor of fee payment due to non-sufficient funds.                 Corrections, Department of Criminal Justice Services, or a
                                                                        local community corrections agency.
  1. The Department may suspend the license it has granted
  any person who submits a check or similar instrument for            6 VAC 20-250-40.        Initial   Bail   Bondsman       License
  payment of a fee required b y statute or regulation, which is       Application.
  not honored b y the financial institution upon which the
                                                                      A. Prior to the issuance of any bail b ondsman license, each
  check or similar instrument is drawn.
                                                                      bondsman applicant shall:
  2. The suspension shall become effective upon receipt of
                                                                        1. Pass the bail bondsman exam as prescrib ed b y the
  written notice of the dishonored payment. Upon notification
                                                                        Board or have successfully completed a surety b ail
  of the suspension, the licensee may request that the
                                                                        bondsman exam as required by the State Corporation
  suspended license or authority b e reinstated, provided
                                                                        Commission under former § 38.2-1865.7. Any applicant
  payment of the dishonored amount plus any penalties or
                                                                        who improperly uses notes or other reference materials, or
  fees required under the statute or regulation accompanies
                                                                        otherwise cheats on the exam, shall b e ineligible to b ecome
  the request. Suspension under this provision shall be
                                                                        a licensed b ail b ondsman.
  exempt from the Administrative Process Act.
                                                                        2. Successfully complete entry-level training, and firearms
                    PART III.
                                                                        training if applicab le, pursuant to the compulsory minimum
    LICENSING PROCEDURES AND REQUIREMENTS.
                                                                        training standards set forth under Part IV of this regulation;
6 VAC 20-250-30. Bail Bondsman Eligibility.
                                                                        3. File with the Department a com pleted application for
Persons required to b e licensed, pursuant to § 9.1-102.47 of           such license on the form and in the manner provided b y the
the Code of Virginia, as a b ail b ondsman shall meet all               Department.
licensure requirements in this section. Persons who carry or
                                                                        4. Submit fingerprints to the Department pursuant to 6 VAC
have access to a firearm while on duty must have a valid
                                                                        20-250-50;
license with a firearm endorsement as described under 6 VAC
20-250-80 of this regulation. If carrying a handgun concealed,          5. Submit the appropriate nonrefundable application-
the person must also have a valid concealed handgun permit,             processing fee to the Department.
and the written permission of his employer pursuant to § 18.2-
308 of the Code of Virginia.                                            6. Maintain a physical address in Virginia where records,
                                                                        required to be maintained b y the Code of Virginia and this
A. Each person applying for a Bail Bondsman license shall               regulation, are kept and available for inspection b y the
meet the minimum requirements for eligib ility as follows:              Department. A post office b ox is not a physical address;
  1. Be a minimum of 18 years of age;                                 B. Additionally, prior to the issuance of a property b ail
                                                                      bondsman license, each property bail bondsman applicant
  2. Be a United States citizen or legal resident alien of the
                                                                      shall provide proof of collateral of $200,000 on his b onds and
  United States; and
                                                                      proof of collateral of $200,000 on the bonds of each of his
  3. Have received a high school diploma or GED.                      agents. Any collateral that is not in the form of real estate,
                                                                      cash, or certificates of deposit issued b y a FDIC-insured
  4. Have successfully completed the b ail b ondsman exam             financial institution shall be specifically approved b y the
  required b y the Board or successfully completed prior to           Department before it may b e used as collateral.
  July 1, 2005, a surety b ail bondsman exam required b y the
  State Corporation Commission under former § 38.2-1865.7.              1. If the property used as collateral is real estate, such real
                                                                        estate shall b e located in the Commonwealth. In addition,

Volume 21, Issue 21                              Virginia Register of Regulations                       Monday, June 27, 2005
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                                                                                             Emergency Regulations
  the property b ail bondsman applicant shall submit to the                2. Submit copies of each qualifying power of attorney that
  Department:                                                              will b e used to provide surety. All qualifying powers of
                                                                           attorney filed with the Department shall contain the name
    a. A true copy of the current real estate tax assessment               and contact information for b oth the surety agent and the
    thereof, certified b y the appropriate assessing officer of            registered agent of the issuing company. In the event an
    the locality wherein such property is located or, at the               applicant for a surety b ail b ondsman license is unable to
    option of the property b ail bondsman, an appraisal of the             ob tain a qualifying power of attorney prior to the issuance
    fair market value of the real estate, which appraisal shall            of his license.
    have b een prepared b y a licensed real estate appraiser,
    within one year of its submission.                                     3. The Department may issue a letter of temporary
                                                                           licensure for not more than 30 days on the condition that
    b . A new appraisal, if, at its discretion, the Department so          each qualifying power of attorney ob tained b e filed within
    orders for good cause shown prior to certification. At the             the 30 days. This temporary license does not permit a
    discretion of the Department, after the original                       surety bail bondsman to write b ail b onds for any insurance
    submission of any property appraisal or tax assessment,
                                                                           company without first filing the company qualifying power of
    further appraisals or tax assessments for that property                attorney with the Department.
    may not be required more than once every five years.
                                                                         6 VAC 20-250-50. Fingerprint processing.
    c. An affidavit b y the property bail b ondsman applicant
    that states, to the b est of such person's knowledge, the            A. Each person applying for licensure as a b ail bondsman
    amount of equity in the real estate, and the amounts due             shall submit to the Department:
    under any ob ligations secured b y liens or similar
                                                                           1. One completed fingerprint card provided b y the
    encumb rances against the real estate, including any
                                                                           Department or another electronic method approved b y the
    delinquent taxes, as of the date of the submission. At its
    discretion, the Department may require additional                      Department;
    documentation to verify these amounts.                                 2. A fingerprint processing application;
  2. If the property used as collateral consists of cash or                3. The applicab le nonrefundable fee; and
  certificates of deposit, the property b ail b ondsman applicant
  shall submit to the Department verification of the amounts,              4. All criminal history conviction information on a form
  and the names of the financial institution in which they are             provided b y the Department.
  held.                                                                  B. The Department shall submit those fingerprints to the
  3. Any property b ail b ondsman issued a certificate b y a             Virginia State Police for the purpose of conducting a Virginia
  judge pursuant to former § 19.2-152.1, prior to July 1, 1989,          Criminal History Records search and a National Criminal
  who has continuously maintained his certification and who              Records search to determine whether the person or persons
  has never provided to a court collateral of $200,000 or                have a record of conviction.
  more, shall continue to b e exempt from the $200,000                   C. Fingerprint cards found to be unclassifiable will suspend
  collateral requirements specified ab ove. Those property               action on the application pending the re-submittal of a
  bail bondsmen who are exempted from this provision shall               classifiable fingerprint card. The applicant shall be so notified
  satisfy all of the other requirements in this article for b ail        in writing and shall submit a new fingerprint card within 30
  bondsmen, and shall provide to the Department the                      days before the processing of his application shall resume.
  collateral amount to which they may bond and provide                   After 30 days, the initial fingerprint application process will be
  proof of his prior certification b y ob taining a certified copy       required to include applicab le application fees.
  of: (i) the certificate issued pursuant to former § 19.2-152.1
  and (ii) the documents held by the originating court that              D. If the applicant is denied b y DCJS, the Department will
  stated the collateral amount for which they were ab le to              notify the applicant b y letter regarding the reasons for the
  bond.                                                                  denial.
  4. Each property b ail bondsman, if so directed b y the                6 VAC     20-250-60.   Application    Sanctions/Denial,
  Department, shall place a deed of trust on the real estate             Probation, Suspension and Revocation.
  that he is using for the lim it of his expected b onded
                                                                         A. The Department may deny a license in which any person
  indeb tedness to secure the Commonwealth and shall name
                                                                         has b een convicted in any jurisdiction of any felony. Any plea
  the attorney for the Commonwealth of the affected locality
                                                                         of nolo contendere shall be considered a conviction for the
  as trustee under the deed of trust, and furnish the                    purposes of this regulation. The record of a conviction,
  Department an acceptable appraisal and title certificate of            authenticated in such form as to be admissible in evidence
  the real estate subject to any such deed of trust.
                                                                         under the laws of the jurisdiction where convicted, shall be
C. Prior to the issuance of a surety b ail b ondsman license,            admissible as prima facie evidence of such conviction.
each surety b ail b ondsman applicant shall:
                                                                         B. The Department may deny a license in which any person
  1. Submit proof of current licensing as a property and                 has not maintained good standing in every jurisdiction where
  casualty insurance agent validated b y the State                       licensed; or has had his license denied upon initial
  Corporation Commission.                                                application, suspended, revoked, surrendered, or not


Volume 21, Issue 21                                Virginia Register of Regulations                       Monday, June 27, 2005
                                                                     3
Emergency Regulations
renewed; or has otherwise b een disciplined in connection with             3. Submitted the appropriate nonrefundab le application-
a disciplinary action prior to applying for licensing in Virginia.         processing fee to the Department
C. Any false or misleading statement on any state application            6 VAC 20-250-90. License Renewal Application.
or supporting documentation is grounds for denial or
                                                                         The Department should receive applications for licensure
revocation and may be sub ject to criminal prosecution.
                                                                         renewal at least 30 days prior to expiration. The Department
D. The Department may deny licensure to a person for other               will provide a renewal notification to the last known mailing
just cause.                                                              address of the licensed person. However, if a renewal
                                                                         notification is not received b y the person, it is the
E. A licensee shall b e subject to disciplinary action for               responsib ility of the person to ensure renewal requirements
violations or noncompliance with the Code of Virginia or this            are filed with the Department.
regulation. Disciplinary action shall b e in accordance with
procedures prescribed b y the Administrative Process Act. The            A. Each person applying for License renewal shall meet the
disciplinary action may include b ut is not limited to a letter of       minimum requirements for eligibility as follows:
censure, fine, probation, suspension or revocation.
                                                                           1. Successfully complete the in-service training, and
6 VAC 20-250-70. License Issuance.                                         firearms retraining if applicable, pursuant to the compulsory
                                                                           minimum training standards set forth under Part IV of this
A. Upon completion of the initial license application                      regulation; and
requirements, the Department may issue an initial license for
a period not to exceed 24 months.                                          2. Be in good standing in every jurisdiction where licensed.
                                                                           This subdivision shall not apply to any probationary periods
B. Each license shall b e issued to the applicant named on the             during which the person is eligib le to operate under the
application and shall b e valid only for the person named on               license.
the license. No license shall be assigned or otherwise
transferred to another person.                                           B. The Department may renew a license when the
                                                                         Department receives the following:
C. Each licensee shall comply with all applicable
administrative requirements and standards of conduct and                   1. A properly completed renewal application provided by
shall not engage in any acts prohibited by applicable sections             the Department;
of the Code of Virginia and this regulation.
                                                                           2. Fingerprint cards submitted pursuant to 6 VAC 20-250-
6 VAC 20-250-80. Firearm Endorsement.                                      50;
In addition to applying for a bail bondsman license, each                  3. The applicab le, nonrefundable license renewal fee;
applicant who carries or has immediate access to a firearm
                                                                           4. Proof of successful completion of the in-service training,
while on duty must apply for such endorsement on a form and
                                                                           pursuant to the compulsory minimum training standards set
in the manner prescribed b y the Board, and containing any
information the Board requires.                                            forth under Part IV of this regulation; and
                                                                           5. All other documentation listed in sub sections B and C
A. Prior to the issuance of a firearm endorsement, each
                                                                           pursuant to 6 VAC 20-250-40.
applicant shall:
                                                                         C. Upon completion of the renewal license application
  1. Successfully complete the entry-level firearms training,
                                                                         requirements, the Department may issue a license for a
  pursuant to the compulsory minimum training standards set
  forth in Part IV of this regulation; and                               period not to exceed 24 months.
                                                                         D. Any renewal application received b y the Department shall
  2. Submit the appropriate nonrefundable application-
                                                                         meet all renewal requirements prior to the expiration date of a
  processing fee to the Department.
                                                                         license or shall be subject to the initial bail b ondsman license
B. Upon completion of the application requirements, the                  application requirements pursuant to 6 VAC 20-250-40.
Department may issue a firearm endorsement for a period not
to exceed 12 months.                                                     6 VAC 20-250-100. License Termination.
                                                                         A. Any surety bail b ondsman license issued pursuant to this
C. Firearms endorsements may be reissued for a period not
                                                                         article shall terminate immediately upon the termination of the
to exceed a period of 12 months when the applicant has met
                                                                         licensee's property and casualty insurance agent license, and
the following requirements:
                                                                         may not b e applied for again until the person has been issued
  1. Filed with the Department a completed application for               a new property and casualty insurance agent license.
  such endorsement on the form and in the manner provided
                                                                         6 VAC       20-250-110.     Replacement        state     issued
  b y the Department at least 30 days prior to expiration of
                                                                         identification.
  their current endorsement; and
                                                                         A. Licensed person seeking a replacement state issued photo
  2. Successfully completed the firearms re-training, pursuant
                                                                         identification shall submit to the Department:
  to the compulsory minimum training standards set forth
  under Part IV of this regulation; and                                    1. A properly completed application provided b y the
                                                                           Department; and

Volume 21, Issue 21                                Virginia Register of Regulations                      Monday, June 27, 2005
                                                                     4
                                                                                              Emergency Regulations
  2. The applicab le, nonrefundable application fee.                       1. Legal terminology and definitions
                   PART IV.                                                2. Purpose and function of law
  COMPULSORY MINIMUM TRAINING STANDARDS FOR
                                                                           3. US Constitution
               BAIL BONDSMEN.
                                                                             a. Amendments
                           Article 1.
                    Training Requirements.                                   b . Bill of Rights
6 VAC 20-250-120. Entry-level training.                                    4. Landmark Cases
A. Each b ail b ondsman as defined b y § 9.1-185 of the Code               5. Limitations and liab ility
of Virginia, must meet the compulsory minimum training
standards herein established, unless provided for otherwise in           C. Surety and Property Law
accordance with this regulation.                                           1. Surety Bail Bondsman
B. Training will b e credited only if application for licensure is           a. Insurance Companies
submitted to the Department within 12 months of completion
of training.                                                                 b . Agent vs. Attorney-in-Fact
C. Hour requirement. The compulsory minimum entry level                      c. Virginia Qualification Requirements
training  hour   requirement b y     category, excluding
                                                                           2. Property Bail Bondsman
examinations, practical exercises and range qualification,
shall be:                                                                    a. Virginia Property Requirements
  1. Bail Bondsman Core Training -- 24 hours                                 b . Agent Requirements
  2. Firearms Training -- 14 hours                                       D. Courts
D. Course content. The compulsory minimum entry level                      1. Civil Court System
training course content b y category, excluding examinations,
mandated practical exercises and range qualification, shall be               a. Federal
as provided in this subsection.                                              b . State
Core sub jects. The entry-level curriculum set forth the                     c. Local Jurisdiction
following areas identified as:
                                                                             d. Definitions
I. Orientation - 2 hours.
                                                                             e. Civil Judicial Procedures
A. Ethical Standards
                                                                           2. Criminal Court System
  1. Professionalism
                                                                             a. State and Federal
  2. Misrepresentation
                                                                             b . Legal Authority and Related Issues
  3. Conflicts of Interest
                                                                             c. Liab ility Concerns
  4. Information Protection, Confidentiality, and Discretion
  Requirements                                                               d. Definitions/Interpretations

B. Brief Introduction to Code of Virginia & Regulations                      e. Magistrates
Relating to Bail Bondsman                                                E. Release from Legal Ob ligation
II. Law - 12 hours plus one practical exercise.                            1. When Defendant answers charge
A. Code of Virginia and Regulations Relating to Bail                       2. Circulate the bail piece release
Bondsman
                                                                           3. Special considerations
  1. Definitions
                                                                             a. The Recognizance
  2. Licensing Procedures and Requirements
                                                                             b . Preliminary Hearing
  3. Compulsory Minimum Training Standards
                                                                             c. Bond Continuation Pending Pre-sentence Report
  4. Standards of Practice and Prohibited Acts
                                                                             d. Sentencing
  5. Administrative Requirements/Standards of Conduct
                                                                             e. Withhold findings
  6. Administrative Reviews, Complaints, Procedures, and
  Responsibilities                                                           f. Bond reinstatement
B. Basic Law                                                             III. Fugitive Recovery - 8 hours plus one practical exercise.


Volume 21, Issue 21                                Virginia Register of Regulations                        Monday, June 27, 2005
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Emergency Regulations
A. Legal Procedures                                                      standards within the last 12 months preceding the expiration
                                                                         date of licensure.
  1. Bondsman’s legal right to recover
                                                                         B. Course content. The compulsory minimum in-service
  2. Notice of Show Cause Hearing                                        training course content b y category, excluding examinations,
  3. Entry of finding of default                                         practical exercises and range qualification, shall b e as
                                                                         follows:
  4. Payment of forfeiture
                                                                           1. Bail Bondsman core subjects:
  5. Recovery: 12 months from entry of finding of default
                                                                             (a) Legal authority--2 hours
  6. Section 9.1-185.15 Recovery of Bailees
                                                                             (b ) Job-related training--6 hours
B. Criminal Statutes
                                                                         Total hours-8 hours
  1. Liab ility considerations/liab ility insurance
                                                                         6 VAC 20-250-140. Training Extension.
  2. Case law
                                                                         A. An extension of the time period to meet in-service training
  3. Law enforcement                                                     requirements may b e approved only under specific
    a. State                                                             circumstances, which do not allow bail bondsmen to complete
                                                                         the required procedures within the prescrib ed time period.
    b . Federal                                                          The following are the only circumstances for which extensions
                                                                         may be granted:
  4. Reasonab le force to effect apprehension
                                                                           1. Extended illness;
C. Use of recovery agents in Virginia
                                                                           2. Extended injury;
  1. Virginia Legal Requirements
                                                                           3. Military or Foreign Service.
  2. Recovery Agents Authority
                                                                         B. A request for extension shall:
  3. Employee vs. Independent Contractor
                                                                           1. Be submitted in writing, dated and signed b y the licensee
  4. Liab ility considerations/liab ility insurance
                                                                           prior to the expiration date of the time limit required for
D. Responsib ilities when Fugitive is in Bondsman’s custody                completion of the requirements;
  1. Recovery in Virginia                                                  2. Indicate the projected date the person will b e ab le to
                                                                           comply with the requirements; and
  2. Recovery out of Virginia; Uniform Extradition Act
                                                                           3. Include a copy of the physician's record of the injury or
  3. International recovery                                                illness or a copy of the government orders.
E. Recovery Procedures                                                   C. No extension will b e approved for licenses that have
  1. Locating; surveillance; and entry techniques                        expired.

  2. Confrontation management                                            D. Applications for additional extensions may b e approved
                                                                         upon written request of the licensee.
  3. Use of force
                                                                                                    Article 2.
  4. Arrests                                                                             Firearms Training Requirements.
IV. Documentation - 2 hours plus one practical exercise.                 6 VAC    20-250-150.           General         firearms   training
                                                                         requirements.
A. Required b y the Courts
B. Required b y DCJS                                                     A. Firearms training endorsement is required for all b ail
                                                                         bondsmen who carry or have immediate access to a firearm
C. Record keeping                                                        while on duty. Each person who carries or has immediate
                                                                         access to firearms while on duty shall qualify with each type
D. Reporting                                                             of action and caliber of firearm to which he has access.
E. Retaining Records                                                     6 VAC 20-250-160. Entry-level handgun training.
V. Written Examination                                                   A. Handgun classroom training.
Total hours (excluding exam) - 24 hours
                                                                           1. The entry-level handgun classroom training will include
6 VAC 20-250-130. In-service training.                                     but not be limited to the following:
A. Each person licensed with the Department as a b ail                       a. The proper care and maintenance of the firearm;
bondsman shall complete the compulsory in-service training
                                                                             b . Civil liab ility of the use of firearms;


Volume 21, Issue 21                                   Virginia Register of Regulations                       Monday, June 27, 2005
                                                                     6
                                                                                            Emergency Regulations
    c. Criminal liability of the use of firearms;                        C. Course: Virginia Course of Fire for Handguns. The course
                                                                         of fire shall b e conducted using, at a minimum, the
    d. Firearms retention and storage;                                   requirements set forth in sub section B of this section.
    e. Deadly force;                                                     Strong/weak hand refers to the primary hand used in firing the
                                                                         firearm. The opposite hand may b e used for support. The
    f. Justifiab le deadly force;                                        course of fire shall b e conducted in the following phases:
    g. Range safety;                                                       1. Phase 1; 3 yards, utilizing weaver, Modified Weaver, or
    h. Principles of marksmanship;                                         isosceles stance, 18 rounds:

    i. Practical firearms handling and safety;                               a. Load 6 rounds and holster loaded firearm.

    j. Judgmental shooting; and                                              b . On command, draw and fire 2 rounds (3 seconds),
                                                                             repeat.
    k. Dim Low level light shooting familiarization
                                                                             c. Load 6 rounds and holster loaded firearm.
Total hours (excluding written examination)--14 hours
                                                                             d. On command, draw and fire 6 rounds with strong
  2. Written examination required.                                           hand.
B. Range qualification (no minimum hours). The purpose of                    e. Unload, reload 6 rounds and fire 6 rounds with weak
the range qualification course is to provide practical firearms              hand (25 seconds).
training to persons desiring to b ecome an armed b ail
bondsman.                                                                  2. Phase 2; 7 yards, utilizing weaver, Modified Weaver, or
                                                                           isosceles stance, 24 rounds:
  1. Prior to the date of range training, it will be the
  responsib ility of the school director to ensure that all                  a. Load 6 rounds and holster loaded firearm.
  students are informed of the proper attire and equipment to                b . On command, draw and fire 1 round (2 seconds),
  be worn for the firing range portion of the training.                      repeat.
  Equipment needed: handgun, b elt with directional draw
  holster, ammunition (60 rounds)                                            c. Load 6 rounds and holster loaded firearm.

  2. Factory loaded practice or duty ammunition (60 rounds)                  d. On command, draw and fire 2 rounds (3 seconds),
  may be used for practice or range qualification.                           repeat.

  3. Course shall b e fired doub le action, or double single                 e. Load 6 rounds and holster loaded firearm.
  action except for single action semi-automatic handguns.                   f. On command, draw and fire 6 rounds, reload 6 rounds,
  4. All qualifications shall be conducted using a B-27                      fire 6 rounds (30 seconds).
  silhouette target or the FBI "Q" target. Alternate targets               3. Phase 3; 15 yards, 70 seconds, 18 rounds:
  may be utilized with prior approval b y the Department.
                                                                             a. Load 6 rounds and holster loaded firearm.
  5. With prior approval of the Department, a reasonab le
  modification of the firearms course may b e approved to                    b . On command, assume kneeling position, draw and fire
  accommodate qualification on indoor ranges.                                6 rounds with strong hand.
  6. A certified firearms instructor must b e present on the                 c. Assume standing position, unload, reload and fire 6
  range directly controlling the fire line during all phases of              rounds from weak-hand b arricade position.
  firearms training. There shall b e a minimum of one certified
                                                                             d. Unload, reload and fire 6 rounds from strong-hand
  firearms instructor per five shooters on the line.
                                                                             barricade position (Kneeling position may be fired using
  7. All persons shall qualify with directional draw holsters                barricade position.) (70 seconds).
  only.
                                                                         D. Low Light Course: Virginia Low Light Familiarization
  8. The range qualification of persons shall be scored as               Course of Fire for Handguns. The course of fire shall be
  follows:                                                               conducted using, at a minimum, the requirements set forth in
                                                                         this sub section. Equipment needed: b elt with directional draw
  B27 target: (use indicated K-value) 7, 8, 9, 10 X rings--              holster, handgun, two speed loaders or three magazines,
  value 5 points, other hits on silhouette--value 0 points:
                                                                         range ammunition (30 rounds). Equipment provided b y
  divide points scored b y maximum possib le score to ob tain            instructor: A range that can simulate low light or a pair of
  decimal and convert to percentage, e.g., 225 ÷ 300 = .75 =             welders goggles for each student that simulates low light.
  75%.                                                                   Strong/weak hand refers to the primary hand used in firing the
  FBI Q target: all hits inside the b ottle - value 5 points; hits       firearm. The opposite hand may b e used for support. The
  outside the bottle - value 0 points.                                   course of fire shall b e conducted in the following phases:

  9. The low light range familiarization of persons shall be               1. Phase I; 3 yards, utilizing weaver or isosceles stance, 18
  scored as indicated above. This is strictly a familiarization            rounds:
  course with no pass or fail grade provided.

Volume 21, Issue 21                                 Virginia Register of Regulations                    Monday, June 27, 2005
                                                                     7
Emergency Regulations
    a. Load 6 rounds and come to ready.                                 6 VAC       20-250-180.     Firearms       (handgun/shotgun)
                                                                        retraining.
    b . On command, fire 2 rounds (3 seconds) repeat.
                                                                        A. All armed bail bondsmen must satisfactorily complete two
    c. Load 6 rounds and come to ready.                                 hours of firearms classroom training or practical exercises
    d. On command, fire 6 rounds with strong hand.                      and range training, and requalify as prescribed in 6 VAC 20 -
                                                                        250-160 for handgun and 6 VAC 20-250-170 for shotgun, if
    e. Unload, reload 6 rounds and fire 6 rounds (30                    applicable, on an annual basis prior to the issuance of the
    seconds).                                                           Firearms Endorsement, as follows.
  2. Phase 2; 7 yards, utilizing weaver or isosceles stance,              1. Classroom retraining or practical exercises--2 hours
  12 rounds:
                                                                          2. Range qualification with handgun and/or shotgun, if
    a. Load 6 rounds and come to ready.                                   applicable (no minimum hours)
    b . On command, fire 2 rounds (5 seconds), and repeat.              Total hours (excluding range qualification)--2 hours
    c. Load 6 rounds and come to ready.                                 6 VAC 20-250-190. Prior firearms training e xemption.
    d. On command, draw and fire 3 rounds (6 seconds), and              A. Persons having previous Department-approved firearms
    repeat.                                                             training may be authorized credit for such training, which
6 VAC 20-250-170. Entry level shotgun training.                         meets or exceeds the compulsory minimum training
                                                                        standards for a firearm endorsement, provided such training
1. Shotgun classroom training. The entry level shotgun                  has b een completed within the 12 months preceding the date
classroom instruction will emphasize b ut not b e limited to:           of application. Official documentation of the following must
                                                                        accompany the application for partial in-service training credit:
  1. Safe and proper use and handling of the shotgun;
                                                                          1. Completion of Department-approved firearms training;
  2. Nomenclature;
                                                                          and
  3. Positions and comb at loading techniques;
                                                                          2. Qualification at a Virginia criminal justice agency,
  4. Decision-making with the shotgun;                                    academy or correctional Department.
  5. Transition from sidearm to shotgun; and                            B. Individuals requesting a training exemption shall file an
                                                                        application furnished b y the Department and include the
  6. Shotgun retention and proper use of a sling.                       applicable, nonrefundable application fee. The Department
Total hours-2 hours                                                     may issue a training exemption on the basis of individual
                                                                        qualifications as supported b y required documentation.
2. Range qualification (no minimum hours). The purpose of
the range firing course is to provide practical shotgun training                           PART V.
to those persons who carry or have immediate access to a                    RECORDKEEPING STANDARDS AND REPORTING
shotgun in the performance of their duties.                                             REQUIREMENTS.

  1. For certification, 12 gauge, double aught "00" b uckshot           6 VAC 20-250-200. Record keeping Standards.
  ammunition shall b e used. Five rounds.                               A. The b ail bondsman shall retain, for a minimum of the three
  2. Scoring--70% of availab le pellets must be within                  calendar years from the date of the termination of the liability:
  silhouette.                                                             1. Copies of all written representations made to any court
  3. Course: Virginia Bail Bondsman Course of Fire for                    or to any pub lic official for the purpose of avoiding a
  Shotguns.                                                               forfeiture of b ail, setting aside a forfeiture, or causing a
                                                                          defendant to be released on his own recognizance.
Distance      Position     No.          Target        Time
                          Rounds                                          2. Copies of all affidavits and receipts made in connection
 Combat       Standing/     3            B-27        20 sec.              with collateral received in the course of b usiness.
load & fire   Shoulder                Silhouette                          3. Evidence of the return of any security or collateral
  15 Yds.
 Combat       Kneeling/      2           B-27        15 sec.              received in the course of business, including a copy of the
load & fire   Shoulder                Silhouette                          receipt showing when and to whom the collateral was
  25 Yds.                                                                 returned.
  4. A certified firearms instructor must b e present on the            B. Upon request of the Department, a bail b ondsman shall
  range directly controlling the firing line during all phases of       provide any documents required to b e kept pursuant to this
  firearms range training. There shall b e a minimum of one             section.
  certified firearms instructor per five shooters on the line.          6 VAC 20-250-210. Reporting Requirements.
                                                                        A. Each licensed bail bondsman shall report within 30
                                                                        calendar days to the Department any change in his residence,

Volume 21, Issue 21                                Virginia Register of Regulations                     Monday, June 27, 2005
                                                                    8
                                                                                            Emergency Regulations
name, b usiness name or business address, and ensure that               bail bondsman's license. A licensed b ail bondsman is
the Department has the names and all fictitious names of all            responsib le for ensuring that his employees, partners and
companies under which he carries out his bail b onding                  persons contracted to perform services for or on behalf of the
business.                                                               bonding business comply with all of these provisions, and do
                                                                        not violate any of the restrictions that apply to bail b ondsmen.
B. Each licensed bail bondsman convicted of a felony shall              Violations b y a bondsman's employee, partner, or agent may
report within 30 calendar days to the Department the facts              be grounds for disciplinary action against the b ondsman,
and circumstances regarding the criminal conviction.                    including prob ation, suspension or revocation of license.
C. Each licensed bail b ondsman shall report to the                     Upon notification from the State Corporation Commission of a
Department, within 30 calendar days of the final disposition,           license suspension, the Department shall immediately
of the matter any administrative action taken against him b y           suspend a surety bondsman's license, pending the results of
another governmental agency in the Commonwealth or in                   an investigation.
another jurisdiction. Such report shall include a copy of the           B. A licensed b ail b ondsman shall not:
order, consent to order or other relevant legal documents.
                                                                          1. Knowingly commit, or b e a party to, any material fraud,
D. Each licensed bail b ondsman shall report to the                       misrepresentation, concealment, conspiracy, collusion,
Department within 24 hours any event in which he discharges
                                                                          forgery, scheme or device whereb y any other person
a firearm during the course of his duties.                                lawfully relies upon the word, representation, or conduct of
E. Each licensed property b ail bondsman shall submit to the              the bail bondsman.
Department, on a prescribed form, not later than the fifth day            2. Solicit sexual favors or extort additional consideration as
of each month, a list of all outstanding bonds on which he was            a condition of ob taining, maintaining, or exonerating b ail
ob ligated as of the last day of the preceding month, tog ether           bond, regardless of the identity of the person who performs
with the amount of the penalty of each such bond.                         the favors.
F. Each licensed property b ail b ondsman shall report to the             3. Conduct a bail bond transaction that demonstrates b ad
Department any change in the numb er of agents in his                     faith, dishonesty, coercion, incompetence, extortion or
employ within seven days of such change and concurrently
                                                                          untrustworthiness.
provide proof of collateral of $200,000 for each new agent, in
accordance with sub section C of § 9.1-185.5.                             4. Coerce, suggest, aid and abet, offer promise of favor, or
                                                                          threaten any person on whose bond he is surety or offers to
G. Each licensed property bail b ondsman shall report to the              become surety, to induce that person to commit any crime.
Department within five b usiness days if any new lien,
encumb rance, or deed of trust is placed on any real estate               5. Give or receive, directly or indirectly, any gift of any kind
that is b eing used as collateral on his or his agents' b onds as         to any non-elected public official or any employee of a
well as the amount it is securing. The reporting requirement              governmental agency involved with the administration of
deadline is deemed to b egin as soon as the licensed property             justice, including but not limited to law-enforcement
bail bondsman learns of the new lien, encumb rance, or deed               personnel, magistrates, judges, and jail employees, as well
of trust, or should have reasonably known that such a lien,               as attorneys. De minimis gifts, not to exceed $50 per year
encumb rance, or deed of trust had been recorded.                         per recipient, are acceptab le, provided the purpose of the
                                                                          gift is not to directly solicit b usiness, or would otherwise be
H. Each licensed surety bail bondsman shall report to the
                                                                          a violation of Board regulations or the laws of the
Department within 30 days any change in his employm ent or                Commonwealth.
agency status with a licensed insurance company. If the
surety b ail b ondsman receives a new qualifying power of                 6. Fail to comply with any of the statutory or regulatory
attorney from an insurance company, he shall forward a copy               requirements governing licensed bail bondsmen.
thereof within 30 days to the Department, in accordance with
                                                                          7. Fail to cooperate with any investigation b y the
sub division D 2 of § 9.1-185.5.
                                                                          Department.
                    PART VI.
                                                                          8. Fail to comply with any subpoena issued b y the
   ADMINISTRATIVE REQUIREMENTS/STANDARDS OF
                                                                          Department.
                   CONDUCT.
6 VAC 20-250-220. General requirements.                                   9. Provide materially incorrect, misleading, incomplete or
                                                                          untrue information in a license application, renewal
A. All b ail b ondsman are required to maintain administrative            application, or any other document filed with the
requirements and standards of conduct as determined b y the               Department.
Code of Virginia, Department guidelines and this regulation.
                                                                          10. Provide bail for any person if he is also an attorney
6 VAC 20-250-230. Professional conduct              standards;            representing that person.
grounds for disciplinary actions.
                                                                          11. Provide b ail for any person if the bondsman was initially
A. Any violations of the restrictions or standards under this             involved in the arrest of that person.
statute shall b e grounds for placing on prob ation, refusal to
                                                                        C. A licensed b ail b ondsman shall ensure that each
issue or renew, sanctioning, suspension or revocation of the
                                                                        recognizance on all bonds for which he signs shall contain the

Volume 21, Issue 21                               Virginia Register of Regulations                      Monday, June 27, 2005
                                                                    9
Emergency Regulations
name and contact information for both the surety agent and               6 VAC 20-250-260. Collateral received in the course of
the registered agent of the issuing company.                             business; standards and requirements.
D. An administrative fee may be charged by a b ail b ondsman,            A. A licensed b ail bondsman shall b e permitted to accept
not to exceed reasonable costs. Reasonab le costs may                    collateral security or other indemnity from the principal, which
include, but are not limited to, travel, court time, recovery            shall be returned upon final termination of liability on the
fees, phone expenses, administrative overhead and postage.               bond, including the conclusion of all appeals or appeal
                                                                         periods. Such collateral security or other indemnity required
E. A property b ail bondsman shall not enter into any b ond if           b y the bail bondsman shall b e reasonab le in relation to the
the aggregate of the penalty of such bond and all other
                                                                         amount of the b ond.
bonds, on which he has not b een released from liability, is in
excess of the true market value of the equity in his real estate,        B. When a bondsman accepts collateral, he shall give a
cash or certificates of deposit issued b y a federally insured           written receipt to the depositor. The receipt shall provide a full
institution, or any combination thereof.                                 description of the collateral received and the terms of
                                                                         redemption or forfeiture. The receipt shall also include the
F. A property bail b ondsman or his agent shall not refuse to            depositor's name and contact information.
cover any forfeiture of bond against him or refuse to pay such
forfeiture after notice and final order of the court.                    C. Any b ail b ondsman who receives collateral in connection
                                                                         with a bail transaction shall receive such collateral in a
G. A surety b ail bondsman shall not write bail b onds on any            fiduciary capacity, and prior to any forfeiture of bail shall keep
qualifying power of attorney for which a copy has not b een
                                                                         it separate and apart from any other funds or assets of such
filed with the Department.                                               bail bondsman. In the event a b ondsman receives collateral in
H. A surety b ail b ondsman shall not violate any of the statutes        the nature of a tangible good, it shall b e a per se violation of
or regulations that govern insurance agents.                             the bail bondsman's fiduciary duty to make personal use of
                                                                         any such collateral unless there is a proper forfeiture of b ail.
6 VAC 20-250-240. Solicitation of business; standards;
restrictions and requirements.                                           D. Any collateral received shall b e returned with all due
                                                                         diligence to the person who deposited it with the b ail
A. Only licensed bail bondsmen shall be authorized to solicit            bondsman or any assignee other than the b ail bondsman as
bail bond business in the Commonwealth.                                  soon as the obligation is discharged and all fees owed to the
B. A licensed b ail b ondsman shall not:                                 bail bondsman have been paid. In any event, after a specific
                                                                         request for the return of the collateral b y the depositor, the
  1. Solicit b ail b ond business b y directly initiating contact        collateral shall b e returned within 15 days after all fees owed
  with any person in any court, jail, lock -up, or surrounding           have b een paid.
  government property.
                                                                         6 VAC 20-250-270. Uniforms and identification; standards
  2. Loiter b y any jail or magistrate's office unless there on          and restrictions.
  legitimate b usiness.
                                                                         A. A bail b ondsman shall not wear, carry, or display any
  3. Refer a client or a principal for whom he has posted                uniform, b adge, shield, or other insignia or emblem that
  bond to an attorney for financial profit or other                      implies he is an agent of state, local, or federal government.
  consideration.
                                                                         B. A b ail bondsman shall wear or display only identification
6 VAC 20-250-250. Recovery of bailees; methods of                        issued by, or whose design has b een approved b y the
capture; standards and requirements; limitations.                        Department.
A. During the recovery of a b ailee, a bail bondsman shall                                 PART VII.
have a copy of the relevant recognizance for the bailee. In the          COMPLAINTS, DEPARTMENT ACTIONS, ADJUDICATION.
event a b ail bondsman is recovering the bailee of another
bondsman, he shall also have written authorization from the                                         Article 1.
bailee's b ondsman, ob tained prior to affecting the capture.                                      Complaints.
The Department shall develop the written authorization form              6 VAC 20-250-280. Submittal requirements.
to b e used in such circumstances.
                                                                         A. Any aggrieved or interested person may file a complaint
B. A b ail bondsmen shall not enter a residential structure              against any person whose conduct and activities are
without first verb ally notifying the occupants who are present          regulated or required to be regulated b y the board. The
at the time of the entry.                                                complaint must allege a violation of the law governing b ail
C. Ab sent exigent circumstances, a bail bondsman shall give             bondsman services or this regulation.
prior notification of at least 24 hours to local law enforcement         B. Complaints may be submitted:
or state police of the intent to apprehend a bailee. In all
cases, a bail b ondsman shall inform local law enforcement                 1. In writing, or on a form provided b y the Department, b y a
within 30 minutes of capturing a b ailee.                                  signed complainant;

D. A b ail b ondsman shall not b reak any laws of the
Commonwealth in the act of apprehending a bailee.

Volume 21, Issue 21                               Virginia Register of Regulations                        Monday, June 27, 2005
                                                                    10
                                                                                           Emergency Regulations
  2. In writing, submitted anonymously, that provide sufficient          5. Refusal to issue or renew a license or approval;
  detailed information for the Department to conduct an
                                                                         6. Fine not to exceed $2,500 per violation as long as the
  investigation; or
                                                                         respondent was not criminally prosecuted;
  3. Telephonically, providing the complaint alleges activities
                                                                         7. Remedial Training.
  which constitute a life-threatening situation, or have
  resulted in personal injury or loss to the public or to a            B. The Department may conduct hearings and issue cease
  consumer, or which may result in imminent harm or                    and desist orders to persons who engage in activities
  personal injury, and that provide sufficient detailed                prohibited b y this regulation b ut do not hold a valid license,
  information for the Department to conduct an investigation.          certification or registration. Any person in violation of a cease
                                                                       and desist order entered by the Department shall be subject
6 VAC 20-250-290. Department investigation.
                                                                       to all of the remedies provided by law and, in addition, shall
A. The Department may initiate or conduct an investigation             be subject to a civil penalty payable to the party injured b y the
based on any information received or action taken b y the              violation.
Department to determine compliance with the Code of
                                                                       C. The director (chief administrative officer of the Department)
Virginia and this regulation.
                                                                       may summarily suspend a license under this regulation
B. Documentation.                                                      without a hearing, simultaneously with the filing of a formal
                                                                       complaint and notice for a hearing, if the director finds that the
  1. Persons regulated or required to be regulated b y this            continued operations of the licensee would constitute a life -
  regulation pursuant to the Code of Virginia are required to          threatening situation, or has resulted in personal injury or loss
  provide Department investigators with any and all records            to the public or to a consumer, or which may result in
  required to b e maintained b y this regulation.
                                                                       imminent harm, personal injury or loss.
    a. This shall not be construed to authorize the                    D. All proceedings pursuant to this section are matters of
    Department to demand records protected under                       pub lic record and shall be preserved. The Department may
    applicable federal and state laws. If such records are             pub lish a list of the names and addresses of all licensees
    necessary to complete an investigation, the Department             whose conduct and activities are subject to this regulation and
    may seek a sub poena to satisfy the request.                       have b een sanctioned or denied licensure or approval.
    b . The Department shall endeavor to review, and request           6 VAC 20-250-310. Fines, administrative and investigative
    as necessary, only those records required to verify                costs.
    alleged violations of compliance with the Code of Virginia
    and this regulation.                                               A. The Department may recover costs of any investigation
                                                                       and adjudication of any violations of the Code of Virginia or
  2. The Department shall endeavor to keep any                         regulations, which result in a sanction, including fine,
  documentation, evidence or information on an investigation           prob ation, suspension, revocation or denial of any license.
  confidential until such time as adjudication has been                Such costs shall b e in addition to any monetary penalty that
  completed, at which time information may b e released upon           may be imposed.
  request pursuant to applicab le federal and state laws, rules
  or regulations.                                                                                 Article 3.
                                                                                                 Adjudication.
                          Article 2.
                      Department Actions.                              6 VAC 20-250-320. Hearing process.
6 VAC 20-250-300. Disciplinary           action;     sanctions;        A. Following a preliminary investigative process, the
publication of records.                                                Department may initiate action to resolve the complaint
                                                                       through an informal fact-finding conference or formal hearing
Each person subject to jurisdiction of this regulation who             as estab lished in this regulation. Pursuant to the authority
violates any statute or regulation pertaining to bail bondsman         conferred in § 9.1-141 C 6 of the Code of Virginia and in
services shall b e subject to sanctions imposed b y the                accordance with the procedures set forth b y the
Department regardless of criminal prosecution.                         Administrative Process Act and the procedures prescribed
A. The Department may impose any of the following                      herein, the Department is empowered to receive, review,
sanctions, singly or in combination, when it finds the                 investigate and adjudicate complaints concerning the conduct
respondent in violation or in noncompliance of the Code of             of any person whose activities are regulated b y the board.
Virginia or of this regulation:                                        The board will hear and act upon appeals arising from
                                                                       decisions made b y the director. In all case decisions, the
  1. Letter of reprimand or censure;                                   Criminal Justice Services Board shall be the final agency
  2. Probation for any period of time;                                 authority.

  3. Suspension of license or approval granted, for any                6 VAC 20-250-330. Informal fact-finding conference.
  period of time;                                                      A. The purpose of an informal fact-finding conference is to
  4. Revocation;                                                       resolve allegations through informal consultation and
                                                                       negotiation. Informal fact-finding conferences shall b e


Volume 21, Issue 21                                Virginia Register of Regulations                     Monday, June 27, 2005
                                                                  11
Emergency Regulations
conducted in accordance with § 2.2-4019 of the Code of                      mail, three days shall be added to that period. (Rule 2A:2 of
Virginia. The respondent, the person against whom the                       Rules of the Virginia Supreme Court.)
complaint is filed, may appeal the decision of an informal fact-
                                                                            B. During all judicial proceedings incidental to such
finding conference and request a formal hearing, provided
                                                                            disciplinary action, the sanctions imposed b y the board shall
that written notification is given to the Department within 30
                                                                            remain in effect, unless the court issues a stay of the order.
days of the date the informal fact-finding decision notice was
served, or the date it was mailed to the respondent,
whichever occurred first. In the event the informal fact-finding            /s/ Mark R. Warner
decision was served b y mail, three days shall be added to                  Governor
that period.                                                                Date: Ma y 2, 2005
                                                                                     VA.R. Doc. No. R05-221; Filed June 7, 2005, 1:42 p.m.
6 VAC 20-250-340. Formal hearing.
A. Formal hearing proceedings may b e initiated in any case in
which the basic laws provide expressly for a case decision, or
in any case to the extent the informal fact-finding conference
has not b een conducted or an appeal thereto has b een timely
received. Formal hearings shall be conducted in accordance
with § 2.2-4020 of the Code of Virginia. The findings and
decision of the director resulting from a formal hearing may b e
appealed to the board.
B. After a formal hearing pursuant to § 2.2-4020 of the Code
of Virginia wherein a sanction is imposed to fine, or to
suspend, revoke or deny issuance or renewal of any license
or approval, the Department may assess the holder thereof
the cost of conducting such hearing when the Department has
final authority to grant such license, registration, certification
or approval, unless the Department determines that the
offense was inadvertent or done in good faith belief that such
act did not violate a statute or regulation. The cost shall b e
limited to (i) the reasonable hourly rate for the hearing officer
and (ii) the actual cost of recording the proceedings. This
assessment shall b e in addition to any fine imposed b y
sanctions.
6 VAC 20-250-350. Appeals.
A. The findings and the decision of the director may b e
appealed to the board provided that written notification is
given to the attention of the Director, Department of Criminal
Justice Services within 30 days following the date notification
of the hearing decision was served, or the date it was mailed
to the respondent, whichever occurred first. In the event the
hearing decision is served b y mail, three days shall b e added
to that period. (Rule 2A:2 of Rules of the Virginia Supreme
Court.)
6 VAC 20-250-360. Court review; appeal of final agency
order.
The agency's final administrative decision (final agency
orders) may b e appealed. Any person affected b y, and
claiming the unlawfulness of the agency's final case decision,
shall have the right to direct review thereof b y an appropriate
and timely court action. Such appeal actions shall b e initiated
in the circuit court of jurisdiction in which the party applying for
review resides; save, if such party is not a resident of Virginia,
the venue shall be in the city of Richmond, Virginia.
A. Notification shall be given to the attention of the Director,
Department of Criminal Justice Services in writing within 30
days of the date notification of the board decision was served,
or the date it was mailed to the respondent, whichever
occurred first. In the event the board decision was served b y

Volume 21, Issue 21                                  Virginia Register of Regulations                          Monday, June 27, 2005
                                                                       12

				
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