As used in this chapter:
(1) "Bail bond agency" means an entity licensed under this chapter that operates a business to carry out the functions of a bail enforcement agent or bail recovery agent, and to conduct this business, the entity:
(a) employs a qualifier;
(b) employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or
(c) contracts with a bail enforcement agent, bail recovery agent, or bail recovery apprentice on a part-time or case-by-case basis.
(2) "Bail enforcement agent" means an individual:
(a) licensed under this chapter as a bail enforcement agent to:
(i) enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding;
(ii) apprehend a defendant or surrender a defendant to custody; or
(iii) conduct an act described in Subsection (2)(a)(i) or (ii), as appropriate; and
(b) who:
(i) is appointed by a bail bond surety; and
(ii) receives or is promised consideration for the individual's service.
(3) "Bail enforcement professional" means a person licensed under this chapter.
(4) "Bail recovery agent" means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
(a) presenting a defendant for required court appearances;
(b) apprehending or surrendering a defendant to a court; or
(c) keeping the defendant under necessary surveillance.
(5) "Bail recovery apprentice" means an individual licensed under this chapter as a bail recovery apprentice who:
(a) is an employee of a licensed bail enforcement agent or bail recovery agent;
(b) is adequately supervised by rules the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(c) may wear an article of clothing that conspicuously displays on the chest and the back of the article of clothing lettering that clearly identifies the licensee as a bail enforcement or recovery agent; and
(d) may not:
(i) advertise bail recovery services;
(ii) provide bail recovery services directly to a member of the public; or
(iii) employ or hire a bail enforcement agent, a bail recovery agent, or a bail recovery apprentice.
(6) "Board" means the Security Services Licensing Board created under Section 58-63-201.
(7) "Control position" means an individual that exercises direct or indirect control over a business entity regardless of form.
(8)
(a) "Conviction" means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea.
(b) "Conviction" includes the following, regardless of whether the imposition of sentence was suspended:
(i) a plea of no contest or nolo contendere;
(ii) a plea in abeyance; or
(iii) an Alford plea.
(9) "D.B.A." means the same as that term is defined in Section 42-2-101.
(10) "Occupied structure" means a building, vehicle, or other structure that could reasonably be expected to house or shelter persons.
(11) "Qualifier" means an individual who:
(a) holds a control position of a licensee under this chapter;
(b) has satisfied the requirements to obtain a license under this chapter including possessing all necessary training and experience;
(c) meets any additional license requirements the division establishes by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(d)
(i) is collectively and individually liable with the licensee for compliance with this chapter; and
(ii) may be held fully responsible for a violation under this chapter, regardless of the liability of another person.